Terms of Use
Legal
These Website Terms and Conditions apply to the Raven Connected, Inc. d/b/a Raven website located at www.ravenconnected.com and the Raven website located at http://ravenconnected.com/ (collectively, the Site) and all associated sites around the world that these Terms and Conditions are linked to by Raven Connected, Inc. and it affiliates (Raven Connected) and is an agreement between Raven Connected and the person or entity that is using the Site (you, your or yours). These Website Terms and Conditions, together with our Privacy Policy http://ravenconnnected.com/privacy-policy and any additional terms, policies, rules, or guidelines referred to herein (collectively, the Terms), as may be updated from time to time, govern your use of the Site and purchase of items such as Raven Connected Raven equipment and other products and accessories (Products) through the Site. The Site is the property of Raven Connected and its licensors.
By using the Site, you agree to these Terms; if you do not agree, do not use the Site.
YOU REPRESENT THAT YOU ARE A NATURAL PERSON OVER EIGHTEEN (18) YEARS OF AGE, OR THAT IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE YOU ARE EITHER AN EMANCIPATED MINOR OR HAVE THE LEGAL PERMISSION OF YOUR PARENT OR GUARDIAN TO ENTER INTO THIS AGREEMENT. YOU FURTHER REPRESENT THAT YOU MAY LEGALLY ENTER INTO THESE TERMS AND THAT YOU AGREE WITH THESE TERMS.
IF YOU ARE UNDER THIRTEEN (13) YEARS OF AGE, YOU MAY USE THE SITE BUT YOU MAY NOT PURCHASE PRODUCTS OR PROVIDE ANY PERSONAL INFORMATION TO Raven Connected.
These Terms provide that all disputes between you and Raven Connected will be resolved by BINDING ARBITRATION. You agree to give up your right to go to court to assert or defend your rights under these Terms (except for matters that may be taken to small claims court in accordance with Section 15(b)). Your rights will be determined by a neutral arbitrator and not a judge or jury and your claims cannot be brought as a class action. Please review Section 15 (DISPUTE RESOLUTION AND ARBITRATION) for the details regarding your agreement to arbitrate any disputes with Raven Connected.
Raven Connected MAY CHANGE THESE TERMS FROM TIME TO TIME. YOU AGREE TO REVIEW THESE TERMS FREQUENTLY TO NOTIFY YOURSELF OF SUCH CHANGES. IF A CHANGE TO THESE TERMS MATERIALLY MODIFIES YOUR RIGHTS OR OBLIGATIONS, WE MAY PROVIDE NOTICE THROUGH A POP-UP OR BANNER WITHIN THE SITE OR THROUGH OTHER MECHANISMS.
1. SITE CONTENT. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, Content), including but not limited to the design, structure, selection, coordination, expression, look and feel and arrangement of such Content, contained on the Site is owned, controlled or licensed to Raven Connected, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Raven Connected express prior written consent. You may use information on Raven Connected products and services (such as data sheets, manuals, and similar materials) purposely made available by Raven Connected for downloading from the Site, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents. Raven Connected reserves all rights to the Content not granted expressly in these Terms.
2. YOUR USE OF THE SITE. You may not use any deep-link, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Raven Connected reserves the right to bar any such activity. You will not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Raven Connected server, or to any of the services offered on or through the Site, by hacking, password mining or any other illegitimate means. You will not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You will not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Raven Connected, including any Raven Connected account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Raven Connected systems or networks, or any systems or networks connected to the Site or to Raven Connected. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other persons use of the Site. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Raven Connected on or through the Site or any service offered on or through the Site. You will not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You will not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Raven Connected or others. You will not attempt to do any of the foregoing in this Section 2, or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Section 2.
3. TERMS OF PURCHASE.
(a) Products. All Products offered through the Site are subject to availability. Prices for the Products are subject to change without notice at any time. If you purchase a Product through the Site, you represent that you are purchasing for your own internal use and not for resale.
(b) Shipping and Title Transfer. Separate charges for shipping may be added to the cost of the Products. Title to the Products passes to you upon Raven Connected delivery of the Products to the first common carrier. Title to any applicable software will remain with Raven Connected or the applicable licensor(s).
(c) Payment. Before you are required to pay any fees, you will have an opportunity to review and accept the applicable fees that you will be charged. All fees are in U.S. Dollars or the currency indicated at check-out, and are non-refundable. Raven Connected may change the prices for the Products at any time. Raven Connected, through our designated third party payment processor, will charge the payment method you specify at the time of purchase. You authorize Raven Connected and our third party payment processor to charge all sums described herein to such payment method. If you pay any applicable fees with a credit card, pre-authorization of your credit card account may be sought prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
(d) Taxes. All applicable local, city, and state taxes are your responsibility and you agree to pay these taxes. Depending on the order, the applicable tax may be added to your order.
(e) Returns. The Return Policy
https://ravenconnected.com/returns-and-warranty that is in effect on the date of Raven Connected shipment of your order applies to Products purchased by you.
(f) Limited Warranty. The Limited Warranty https://ravenconnected.com/returns-and-warranty that is in effect on the date of Raven Connected shipment of your order applies to Products purchased by you.
(g) Service. Terms applicable to Raven Connected home security and automation services available through the Raven product are contained in End User License Agreement and Terms of Service. Note that Raven Connected DOES PROVIDE A MONITORED SECURITY SERVICE AND THE RAVEN PRODUCT IS NOT TO BE RELIED UPON FOR LIFE SAFETY. Raven Connected MAKES NO GUARANTEES REGARDING SERVICE LEVELS, SERVICE AVAILABILITY OR HOW LONG Raven Connected WILL CONTINUE TO PROVIDE THE SERVICES.
(h) Product Changes. Raven Connected may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Raven Connected makes no commitment to update the materials on the Site with respect to such products and services.
4. ACCOUNTS, PASSWORDS AND SECURITY. You do not need to register to view the Site but you may be required to open an account in order to purchase Products or to access certain features or services offered on or through the Site. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failure to keep this information secure and confidential. You agree to notify Raven Connected immediately of any unauthorized use of your account or password, or any other breach of security. You acknowledge and agree that you may be held liable for losses incurred by Raven Connected or any other user of or visitor to the Site due to someone else using your Raven Connected user ID, password or account as a result of your failure to keep your account information secure and confidential. You agree not use anyone elses Raven Connected user ID, password or account at any time without the express permission and consent of the holder of that Raven Connected user ID, password or account. Raven Connected cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
5. PRIVACY POLICY; ADDITIONAL TERMS.
(a) Privacy Policy. Please read the Privacy Policy https://ravenconnected.com/privacy-policy carefully for information relating to our collection, use, storage and disclosure of your personal information.
(b) Additional Terms. Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, and all of these terms form an integral part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable, representing that you are of sufficient legal age to use or participate in such service or feature. Raven Connected obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
6. USER CONTENT.
(a) Generally. Certain features of the Site may permit users to post content, such as comments or questions (collectively, User Content). By posting User Content, you grant Raven Connected a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, reproduce, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).
(b) Representations and Warranties. You are solely responsible for your User Content and the consequences of posting User Content. By posting User Content, you represent, and warrant that: (1) you have the necessary licenses, rights, consents, and permissions to do so and to grant to Raven Connected the licenses granted by you in this Section 6; and (2) your User Content does not and will not: (i) infringe, violate, or misappropriate any third party right, including any intellectual property or proprietary right; or (ii) slander, defame, or libel any third party.
(c) No Obligation. Raven Connected makes no representations that it will publish or make available on the Site any User Content, and reserves the right, in its sole discretion, to refuse to allow any User Content, or to remove any User Content at any time with or without notice. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice.
7. DIGITAL MILLENNIUM COPYRIGHT ACT.
(a) DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. 512, as amended). If you have any complaints with respect to material posted on the Site, you may contact our Designated Agent at the following address:
Raven Connected, Inc. d/b/a Raven
441 MacLaren Street, Suite 408,
Ottawa, Ontario, K2P 2H3, Canada.
Any notice alleging that materials hosted by or distributed through the Site infringe intellectual property rights must include 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 right being infringed;
(2) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(3) a description of the material that you claim is infringing and where it is located on the Site;
(4) your address, telephone number, and email address;
(5) a statement by you that you have a good faith belief that the use of the materials on the Site of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
(6) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owners behalf.
(b) Repeat Infringers. Raven Connected will promptly terminate without notice the accounts of users that are determined by Raven Connected to be repeat infringers. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had User Content removed from the Site more than twice.
8. LINKS TO OTHER SERVICES. This Site may contain links to other independent third party websites (Linked Services). These Linked Services are provided solely as a convenience to our visitors. Such Linked Services are not under Raven Connected control, and Raven Connected is not responsible for and does not endorse the content of such Linked Services, including any information or materials contained on such Linked Services. You will need to make your own independent judgment regarding your interaction with these Linked Services.
9. DISCLAIMERS. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 3(f) (LIMITED WARRANTY), Raven Connected DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE OR ANY PRODUCTS PURCHASED THROUGH THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE OR PRODUCTS WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN AS-IS AND AS-AVAILABLE BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. Raven Connected CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 3(f) (LIMITED WARRANTY), Raven Connected AND ITS LICENSORS, SUPPLIERS AND SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. Raven Connected DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY OF Raven ConnectedS SERVICES, INCLUDING BUT NOT LIMITED TO ANY INFORMATION AND OPINIONS EXPRESSED IN THIRD PARTY FEEDBACK OR COMMENTS PUBLISHED TO THE SITE, IF ANY. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST Raven Connected FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER REMEDIES THAT VARY FROM JURISDICTION TO JURISDICTION.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
10. TERMINATION OF USE; DISCONTINUATION AND MODIFICATION OF THE SITE. If you violate any provision of these Terms, your permission to use the Site will terminate automatically. Raven Connected reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
11. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Raven Connected BE LIABLE TO YOU OR ANY PARTY FOR ANY LOST PROFITS, LOSS OF USE, COST OF COVER OR OTHER INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER AND WHETHER ARISING OUT OF OR IN CONNECTION WITH ANY USE OF THE SITE OR WITH ANY DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, OR SERVICES OBTAINED THROUGH THE SITE, EVEN IF Raven Connected HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Raven Connected HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. THE LIMITATIONS IN THIS SECTION 11 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, Raven Connected IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT, Raven Connected SOLE LIABILITY TO YOU WILL IN NO EVENT EXCEED THE GREATER OF (I) THE AMOUNT YOU PAID FOR THE PRODUCT GIVING RISE TO SUCH LIABILITY OR (II) US$100.00.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
12. INDEMNITY. You agree to indemnify and hold Raven Connected, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including legal expenses), made against Raven Connected by any third party due to or arising out of or in connection with your use of the Site.
13. VIOLATION OF THESE TERMS. You agree that Raven Connected may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Raven Connected, for which monetary damages would be inadequate, and you consent to Raven Connected obtaining any injunctive or equitable relief that Raven Connected deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Raven Connected may have at law or in equity. You agree that Raven Connected may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any product or service offered on or through the Site, or (4) unexpected technical issues or problems. You agree that Raven Connected will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms.
14. GOVERNING LAW. These Terms will be governed by the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein, without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Raven Connected agree to submit to the personal and exclusive jurisdiction of courts and federal courts located within Ontario, Canada for the purpose of litigating all such disputes.
15. DISPUTE RESOLUTION AND ARBITRATION.
(a) Generally. In the interest of resolving disputes between you and Raven Connected in the most expedient and cost effective manner, you and Raven Connected agree that any and all disputes arising in connection with these Terms will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Raven Connected ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
(b) Exceptions. Notwithstanding Section 15(a), you and Raven Connected agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief or other provisional relief in aid of arbitration from a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
(c) Arbitrator. Any arbitration between you and Raven Connected will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, AAA Rules) of the American Arbitration Association (AAA), as modified by these Terms, and will be administered by the International Centre for Dispute Resolution (ICDR Canada). The AAA Rules and filing forms are available online at www.icdrcanada.org, by calling ICDR Canada at 1-844-859-0845, or by contacting Raven Connected. The number of arbitrators shall be one, and the language of the arbitration shall be English.
(d) Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (Notice). Raven Connected address for Notice is:
Raven Connected, Inc. d/b/a Raven
441 MacLaren Street, Suite 480
Ottawa, Ontario, K2P 2H3, Canada.
The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought (Demand). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Raven Connected may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Raven Connected will not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, Raven Connected will pay you (i) the amount awarded by the arbitrator, if any, (ii) the last written settlement amount offered by Raven Connected in settlement of the dispute prior to the arbitrators award or (iii) $1,000.00, whichever is greater.
(e) Fees. In the event that you commence arbitration in accordance with these Terms, Raven Connected will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in Ontario, Canada provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b) (U.S.)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Raven Connected for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrators ruling on the merits.
(f) No Class Actions. YOU AND Raven Connected 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. Further, unless both you and Raven Connected agree otherwise, the arbitrator may not consolidate more than one persons claims, and may not otherwise preside over any form of a representative or class proceeding.
(g) Modifications. In the event that Raven Connected makes any future change to this arbitration provision (other than a change to Raven Connected address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Raven Connected address for Notice, in which case your account with Raven Connected will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.
(h) Enforceability. If Section 15(f) is found to be unenforceable or if the entirety of this Section 15 is found to be unenforceable, then the entirety of this Section 15 will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 14 will govern any action arising out of or related to these Terms.
16. INTERNATIONAL USE; VOID WHERE PROHIBITED. Raven Connected reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Please note that information published on the Site may refer to products, programs or services that are not available in your country. Contact Raven Connected directly at info@Raven Connected.com for information regarding the products, programs, and services that may be available to you. Access to this Site from territories where the Site is illegal is prohibited. If you access this Site from a location outside of Canada, you do so on your own initiative and you are solely responsible for compliance with all local laws.
17. MISCELLANEOUS. You will not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation applicable export laws and regulations. If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms will remain in full force and effect. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Raven Connected with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Raven Connected with respect to such use are hereby superseded and cancelled. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. Other than as provided in a purchase agreement you enter into with Raven Connected, Raven Connected will not accept any counter-offers to these Terms, and all such offers are hereby categorically rejected. Raven Connected failure to insist on or enforce strict performance of these Terms will not be construed as a waiver by Raven Connected of any provision or any right it has to enforce these Terms, nor will any course of conduct between Raven Connected and you or any other party be deemed to modify any provision of these Terms. These Terms will not be interpreted or construed to confer any rights or remedies on any third parties. Upon termination of these Terms, Sections 3(d), (e), (f) and (g), 9, 11 12, 14, 15 and 17-21 will survive.
18. FEEDBACK. If you provide Raven Connected with any comments, feedback, or modifications proposed or suggested by you to the Site or Products or services sold through the Site (Feedback), Raven Connected will have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Site, Products or Raven Connected services. You hereby grant Raven Connected a perpetual, irrevocable, worldwide, royalty-free, fully paid, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
19. CONSENT TO ELECTRONIC COMMUNICATIONS. By using the Site, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
20. CONTACT INFORMATION. If you have any questions, comments, complaints or claims about the Software or this Agreement, you may contact Raven Connected at:
Raven Connected, Inc. d/b/a Raven
441 MacLaren Street, Suite 408,
Ottawa, Ontario, K2P 2H3, Canada
Email: support@Raven Connected.com. You may request a copy of this Agreement by emailing us at this address.
21. NOTICE FOR CALIFORNIA USERS. Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
About Sales Tax
Items sold by Raven Connected Inc. and shipped to certain states are subject to tax. Items sold by Raven Connected Inc., or its subsidiaries, and shipped to destinations in the following states are subject to tax:
California, Colorado, Florida, Georgia, Illinois, Nevada, New York, Pennsylvania, Texas, Virginia
How Sales Tax is Calculated
If an item is subject to sales tax in the state to which the order is shipped, tax is generally calculated on the total selling price of each individual item. In accordance with state tax laws, the total selling price of an item will generally include item-level shipping and handling charges, item-level discounts, gift-wrap charges, and an allocation of order-level shipping and handling charges and order-level discounts.
The amount of tax charged on your order will depend upon many factors including Identity of the seller, type of item purchased, and destination of the shipment. Factors can change between the time you place an order and the time of credit card charge authorization, which could affect the calculation of sales taxes. The amount appearing on your order as Estimated Tax may differ from the sales taxes ultimately charged.
Copyright 2017 Raven Connected, Inc. d/b/a Raven
All Rights Reserved. RAVEN and the RAVEN logo are trademarks of Raven Connected and may not be used without prior written permission.
