Last Modified: May 13, 2024

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 Raftr websites hosted under the raftr.com domain (app.raftr.com, www.raftr.com, etc.) and Raftr mobile applications provided by Raftr.com (“Raftr,” “we,” “us,” or “our”). We refer to our websites, mobile apps, 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.

1. ELIGIBILITY 

To use the Services, you must be—and you represent and warrant that you are — (i) at least 16 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.

2. 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. 

3. 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.

4. 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 partners, 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.

5. 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.

6. 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 text, 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.

7. 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:

Susan Decker
Raftr, Inc.
1917 S. Signal Butte Rd.
#101-107
Mesa,  AZ  85209
Phone: 6507972387
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.

8. 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.

9. 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.

10. 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 11.2 below apply to you to the extent permitted by law.

11. 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 OR OTHER USERS OF THE 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.

12. 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.

13. 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. 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.

14. 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.

15.  Mandatory Arbitration and Class Action Waiver for Residents of the United States 

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS—INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT (BY REQUIRING YOUR DISPUTE TO BE SUBMITTED TO ARBITRATION) AND LIMITING YOUR RIGHTS TO RESOLVE YOUR DISPUTE AS PART OF A CLASS.

As detailed herein, the Terms of Use mandate that all disputes between you and Raftr be resolved first through an informal dispute resolution process. In the event informal resolution fails, the Terms of Use further mandate that all disputes (except those identified in Section 15.3) be formally resolved through binding arbitration. Binding arbitration means that an arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve such disputes. Consequently, you should read the entirety of Section 15 carefully as it may significantly affect your legal rights.

Informal Dispute Resolution.

For any and all disputes between you and Raftr, the parties shall use their best efforts to settle informally the dispute, claim, question, or disagreement and to engage in good faith negotiations. Failure to engage in this process could result in the award of fees against you in arbitration.

To initiate informal dispute resolution, the initiating party must first send a written description of the dispute to the other party. For any dispute against Raftr that you initiate, you agree to send to Raftr (a) a written description of the dispute and (b) the email address(es) associated with your account by contacting us at: Raftr, Inc. 1917 S. Signal Butte Rd., #101-107, Mesa, AZ 85209. The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the claim or dispute; and the specific relief sought. For any dispute that Raftr initiates, we will send our written description of the dispute to the email address associated with your use of the Services.

If the parties’ dispute is not resolved within sixty (60) days after receipt of the written description of the dispute by a party, you and Raftr agree to resolve any remaining dispute through the additional dispute resolution provisions set forth below.

A good faith engagement in informal dispute resolution shall be and is a prerequisite and condition precedent to either party initiating a lawsuit or arbitration. The parties agree that any applicable statute of limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.

Binding Arbitration

After the parties have engaged in a good-faith effort to resolve their dispute(s) in accordance with the Informal Dispute Resolution process (Section 15.1), and only if those efforts fail, then either party may initiate arbitration as set forth in this Section.

If you determine to initiate arbitration, a copy of the arbitration demand must be mailed to Raftr, Inc. 1917 S. Signal Butte Rd., #101-107, Mesa, AZ 85209.  If Raftr is initiating arbitration, it will serve a copy of the demand to the email address associated with your use of the Raftr Services.

(a) Mutual Arbitration Agreement

Except as set forth in Section 15.3 below, you and Raftr agree that all claims, disputes, or disagreements that may arise out of or relating to the interpretation, applicability, enforceability, formation, or performance of these Terms of Use— including but not limited to any claim that all or any part of these terms are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment, non-payment, or timing of any administrative or arbitrator fees—shall be resolved exclusively through binding arbitration in accordance with this Section 15.2 (collectively, the “Arbitration Agreement”). The arbitrator shall be empowered under this Arbitration Agreement to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the arbitration provider’s rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with this Section 15.2.

This Arbitration Agreement is intended to be interpreted broadly, and it applies to claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice opt-out provisions set forth in Sections 15.4 and 15.5.

This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) in all respects and evidences a transaction involving interstate commerce. You and Raftr expressly agree that the FAA shall exclusively govern the interpretation and enforcement of this Arbitration Agreement. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply.

Except as set forth in Section 15.2(c) below, if any provision of this Arbitration Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions thereof remain in full force and effect.

(b) WAIVER OF RIGHTS INCLUDING JURY TRIAL

THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE CLAIM, AND THAT RIGHTS TO DISCOVERY AND APPEALS MAY BE LIMITED IN ARBITRATION. THE PARTIES FURTHER UNDERSTAND THAT THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION IN SOME INSTANCES.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT BY AGREEING TO THESE TERMS AND ARBITRATION AGREEMENT, YOU AND RAFTR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

(c) CLASS ARBITRATION AND COLLECTIVE RELIEF WAIVER

YOU AND RAFTR ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, AND EXCEPT AS OTHERWISE SET OUT IN THIS SECTION 15.2(c) AND SECTION 15.2(e)(vi) BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER CONSOLIDATED ACTION, AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM; NOTWITHSTANDING THIS ACKNOWLEDGEMENT AND AGREEMENT, ANY ARBITRATION INVOLVING YOU MAY PROCEED ON A CONSOLIDATED BASIS IF AND ONLY IF RAFTR PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.

If there is a final judicial determination that applicable law precludes enforcement of this Paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.

If there is a final judicial determination that either the Class Arbitration and Collective Relief Waiver in this Section, or that the provisions in this Section 15.2 are not enforceable as to a particular claim or request for relief, then the parties agree that that particular claim or request for relief may proceed in court as provided herein, but shall be severed and stayed pending arbitration of the remaining claims. This provision does not prevent you or Raftr from participating in a class-wide settlement of claims.

(d) Arbitration Location

If you are a resident of the United States, arbitration will take place in the county where you reside. For residents in Canada (and anywhere else outside the United States), arbitration shall be initiated in the State of Delaware, United States of America, unless you and Raftr otherwise agree or unless the designated arbitrator determines that such venue would be unreasonably burdensome to any party, in which case the arbitrator shall have the discretion to select another venue.

For any arbitration conducted in the State of Delaware, United States of America, You and Raftr agree to submit to the personal jurisdiction of any federal or state court in Delaware in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and in connection with any such proceeding, further agree to accept service of process by U.S. or certified mail and hereby waive any and all jurisdictional and venue defenses otherwise available

(e) The Arbitration Rules

(i) The Provider.

The arbitration will be administered by National Arbitration and Mediation (“NAM”) and resolved before a single arbitrator. If NAM is not available to arbitrate, the parties will select an alternative arbitration provider.

Except as modified by this “Dispute Resolution” provision, NAM will administer the arbitration in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at http://www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Dept at commercial@namadr.com.

You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Section 15 while such challenge remains pending before NAM the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

(ii) Arbitration Demand Must Contain Sufficient Information.

Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based, and must include proof that the claimant is party to this Arbitration Agreement and to these Terms of Use. The arbitrator and/or NAM may require amendment of any demand or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11), including for any claim filed on behalf of a claimant who is not a party to this Arbitration Agreement or to these Terms of Use.

(iii) Arbitration Conducted on Papers in Some Circumstances.

If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents that you and Raftr submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.

(iv) Dispositive Motions.

Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute.

(v) Batching.

To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM (or another arbitration provider selected in accordance with Section 15.2(e)(i) if NAM is unavailable) against Raftr within reasonably close temporal proximity (“Mass Filing”), the parties agree (A) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (B) to designate one arbitrator for each batch; (C) to accept applicable fees, including any related fee reduction determined by NAM (or another arbitration provider selected in accordance with 15.2(e)(i) if NAM is unavailable) in its discretion; (D) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 100 is filed, processed, and adjudicated; (E) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Raftr and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (F) that the staged process of batched proceedings, with each set including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. If your demand for arbitration is included in the Mass Filing, any statute of limitation applicable to your claims will remain tolled until your demand for arbitration is decided, withdrawn, or settled.

Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and shall be subject to any rights to strike an arbitrator provided under applicable state law if the rights granted by law exceed those provided for in the NAM rules, and the arbitrator will determine the location where the proceedings will be conducted.

You agree to cooperate in good faith with Raftr and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. For example, if the number of cases filed makes batches of 100 cases too small for the prompt resolution of all filed claims, you and we agree that NAM may increase or decrease the batch size, or transfer a case between batches in the reasoned discretion of the NAM procedural arbitrator. Any and all disagreements between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a NAM procedural arbitrator.

This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind.

(vi) No Class or Consolidated Arbitration Absent Written Consent.

Unless Raftr otherwise consents in writing, which it may do on a case-by-case basis, Raftr does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in Section 15.2(c) and this Section 15.2(e)(vi).

(vii) Arbitration Award.

The arbitrator will render an award within the time frame specified in the applicable NAM rules and procedures. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with Section 15.2(c) above, and also must be consistent with the terms of the “Limitation of Liability” section of these Terms of Use as to the types and the amounts of damages or other relief for which a party may be held liable. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.

Exceptions to Arbitration

Notwithstanding the parties’ agreement to resolve all disputes through binding arbitration as set forth in Section 15.2:

(a) IP Disputes.

Either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, shall be exclusively brought in the state and federal courts located in the City and County of Marion, Indiana.

(b) Small Claims Court and Statutes of Limitation.

Either party may elect to have disputes or claims resolved in a small claims court regardless of what forum the filing party initially chose, provided the disputes or claims are within the scope of that court’s jurisdiction.

Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be in fact be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed (and any applicable statute of limitations tolled) pending the outcome of such action.

(c) Jurisdiction/Service of Process.

For any dispute not subject to arbitration under this Section 15, you and Raftr agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in New York, New York. You further agree to accept service of process by U.S. or certified mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

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, signed by you, of your decision to opt-out to the following address: notices@raftr.com. The notice must be sent within 30 days of May 13, 2024 or your first use of the Services, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of Section 15.2. If you opt-out of the arbitration provisions, Raftr also will not be bound by them.

If you opt out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If Raftr changes this “Dispute Resolution” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you agree that your continued use of the Services 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out of the Arbitration Agreement by providing notice as described in this Section 15.4.

Raftr will continue to honor any valid opt outs if you opted out of arbitration in a prior version of the Terms pursuant to the requirements set forth in that version. If you do not timely opt out of this Arbitration Agreement, such action shall constitute mutual acceptance of the terms of these “Dispute Resolution” provisions by you and Raftr.‍

Changes to this Section

Raftr will provide 30 days’ notice of the date of any material changes to this Section 15. Changes will become effective on the 30th day and apply to all claims not yet filed. If you continue to use the Services after the 30th day, you agree that any unfiled claims of which Raftr does not have actual notice are subject to the revised clause.

16. CONTROLLING LAW

These Terms shall be construed in accordance with and governed by the laws of the State of Delaware, 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 in Delaware, and you and Raftr consent to the exclusive jurisdiction of such courts.

17. 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.

18. 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.

19. 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.
1917 S. Signal Butte Rd.
#101-107
Mesa,  AZ  85209