RAPTOR
DIGITAL MARKETING PLATFORM TERMS OF USE
Last Modified: March 13, 2019
- Your
Acceptance
Welcome to the Terms of
Use for Raptor Digital Marketing. This is an agreement (“Agreement”) between Raptor
Websites, LLC (“Raptor Digital Marketing”), the owner and operator of
www.thehoth.com website and any associated services offered (collectively the
“Platform”) and you (“you”, “your” or “user(s)”), a user of the Platform.
Throughout this Agreement, the words “Raptor Digital Marketing,”
“us,” “we,” and “our,” refer to our company, Raptor Digital Marketing, as
is appropriate in the context of the use of the words.
By clicking “I agree”,
accessing, or using the Platform you agree to be bound by this Agreement and
the Privacy Policy. We may amend our Terms of Use or the Privacy Policy
and may notify you when we do so. PLEASE BE AWARE THAT THERE ARE
ARBITRATION AND CLASS ACTION PROVISIONS THAT MAY AFFECT YOUR RIGHTS. If
you do not agree to the Terms of Use or the Privacy Policy please cease using
our Platform immediately.
- User
Information and Accounts
Users may be required to
register on the Platform before accessing portions of the Platform. Your
information will be collected and disclosed in accordance with our Privacy
Policy. All users are required to provide truthful and accurate information
when registering for our Platform and must be over the age of 18. Users
may only register for one account per user. We reserve the right to
verify all user credentials and to reject any users. You are entirely
responsible for maintaining the confidentiality of your password and account
and for any and all activities that occur under your account. You agree to
notify Raptor Digital Marketing immediately of any unauthorized use of your
account or any other breach of security. Raptor Digital Marketing will not be
liable for any losses you incur as a result of someone else using your password
or account, either with or without your knowledge. If you are registering
on behalf of your company, you represent and warrant that you are authorized by
your company to create an account on your company’s behalf and you represent
and warrant that you are authorized by your company to incur financial
obligations and enter into legally binding agreements on behalf of your
company.
- Access
and License Grant to You
After registering and
properly paying where required, we grant you a personal, non-exclusive,
revocable, limited license to access the Platform and to use any of our services.
As a user, you do not receive any ownership interest in any portion of the
Platform; you merely receive the aforementioned revocable access and license as
stated. All rights not explicitly granted are reserved for Raptor Digital
Marketing. If you breach any of our usage guidelines, as stated below, we
may revoke your license or your access to use our Platform at our
discretion. Additionally, we may revoke your license or restrict your
access to our Platform if we believe that your actions may harm us, our business
interests, or at our discretion. Failure by us to revoke your license or
restrict access does not act as a waiver of your conduct.
Through the Platform, Raptor
Digital Marketing may offer SEO services or other services. Raptor Digital
Marketing uses reasonable efforts to provide these services to you; however,
all services provided depend on innumerable factors and market variables that
are outside of Raptor Digital Marketing’s direct control. For these reasons,
all services offered are not guaranteed and are offered “as-is”. Where you
decide to use any services offered by the Platform, you agree that we make no
guarantees including but not limited to web placement, rankings, or any
profits. You understand that the services offered may have variance, be
inexact, cause negative effects, or be otherwise incorrect. An increase
in search engine ranking, increase in business, or any other associated
benefits are neither implied nor guaranteed. Website rankings or results
may vary by region, search engine, or fluctuate based on factors outside of our
control. Due to the nature of our services, you agree:
- Raptor Digital Marketing is not responsible for any changes made
to a user’s website that adversely affects the search engine rankings of the
user’s website. - Raptor Digital Marketing has no control over the policies of
search engines with respect to the type of sites and/or content that they
accept now or in the future and user may be excluded from any directory or
search engine at any time at the sole discretion of the search engine or
directory. - Raptor Digital Marketing cannot and does not guarantee any
position change, fixed position, or position increase for any keyword, phrase,
or search term. - Raptor Digital Marketing makes no representations as to any
profits or increased business as related to a user’s use of the services. - Raptor Digital Marketing has no control over any actions or
inaction by any search engines related to a user’s website or a website’s
ranking.
You agree to release us
from any liability that we may incur for providing you any services offered via
Platform. You agree that any service or any other information found on the
Platform may be inaccurate, unsubstantiated or possibly even incorrect. You
agree to release us from any liability that we may have to in relation to your
use of our Platform.
For any users that wish
to purchase any services offered via the Platform, you agree that you will
promptly cooperate and provide to Raptor Digital Marketing access, software
codes, data, documents, content, art, and/or other information needed by us to
provide any services to you. Your failure to cooperate or assist us may prevent
the completion of any services offered. Where you fail to cooperate with Raptor
Digital Marketing, you agree that no refunds may be granted.
When using our Platform,
you are responsible for your and for any use of Raptor Digital Marketing made
using your account and for your use of any services provided. You agree to the
following:
- You may not copy, distribute or disclose any part of the
Platform in any medium, including without limitation by any automated or
non-automated “scraping”; - You may not attempt to interfere with, compromise the system
integrity or security of, or decipher any transmissions to or from the servers
running the Platform; - You may not use any robot, spider, crawler, scraper or other
automated means or interface not provided by us to access the Platform or to
extract data; - You may not use automated bots or other software to send more
messages through our Platform than humanly possible; - You may not share your license or access with any other parties;
- You may not use the Platform on a computer that is used to
operate nuclear facilities, life support, or other mission critical
applications where life or property may be at stake; - You may not decompile, reverse engineer, disassemble, modify,
rent, sell, lease, loan, distribute, or create derivative works or improvements
to the Platform or any portion of it; - You may not access our Platform in an attempt to build a similar
or other competitive product; - You may not use the Platform to store or transmit any health,
medical, or sensitive financial information; - You may not take any action that imposes, or may impose at our
sole discretion, an unreasonable or disproportionately large load on our
infrastructure; - You may not collect or harvest any personally identifiable
information, including account names, from the Platform; - You may not impersonate any person or entity or misrepresent
your affiliation with a person or entity; - You may not violate or infringe other people’s intellectual
property, privacy, or other contractual rights while using our Platform; - You may not use the Platform for any purposes that are
misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing; - You may not violate any requirements, procedures, policies or
regulations of networks connected to Raptor Digital Marketing; - You may not sell, lease, loan, distribute, transfer, or
sublicense the Platform or access to it or derive income from the use or
provision of the Platform unless enabled through the functionality of our
Platform; - You may not interfere with or disrupt the Platform;
- You may not violate any law or regulation and you solely are
responsible for such violations; - You agree that you will not hold Raptor Digital Marketing
responsible for your use of our Platform; and - You agree not to cause, or aid in, the disruption, destruction,
manipulation, removal, disabling, or impairment of any portion of our Platform,
including the de-indexing or de-caching of any portion of our Platform from a
thirty party’s website, such as by requesting its removal from a search engine.
If you are discovered to
be undertaking any of the aforementioned actions your privileges to use our
Platform may at our discretion be terminated or suspended. Generally, we
will provide an explanation for any suspension or termination of your use of
any of our Platform, but Raptor Digital Marketing reserves the right to suspend
or terminate any account at any time without notice or explanation.
Your ability to submit or
transmit any information through the Platform, including but not limited to
data, information, images, references, or any other information will be
referred to as “User Content” throughout this Agreement. Please be aware that
we are not required to host, display, migrate, or distribute any of your User
Content and we may refuse to accept or transmit any User Content.
You agree that you are solely responsible for any User Content submitted and
you release us from any liability associated with any User Content submitted.
We provide industry standard security for our Platform but we cannot guarantee
the absolute safety and security of any such User Content. Any User
Content found to be in violation of this Agreement or that we determine to be
harmful to the Platform may be modified, edited, or removed at our discretion.
When submitting any User
Content to our Platform you represent and warrant that you own all rights to
the User Content and you have paid for or otherwise have permission to use any
User Content submitted. Furthermore, you represent and warrant that all
User Content is legal and the User Content does not interfere with any third
party rights or obligations.
When you submit any User
Content to us, you grant Raptor Digital Marketing, its partners, affiliates,
users, representatives and assigns a non-exclusive, limited, fully-paid,
royalty-free, revocable, world-wide, universal, transferable, assignable
license to display, distribute, store, broadcast, transmit, reproduce, modify,
prepare derivative works, or use and reuse all or part of your User Content for
the purposes of providing you any services associated with the Platform.
Additionally, you grant to Raptor Digital Marketing a worldwide, perpetual,
irrevocable, royalty-free license to use and incorporate into the Platform any
suggestion, enhancement request, recommendation, correction or other feedback
provided by you relating to the operation of our Platform.
We value your privacy and
understand your privacy concerns. Our Privacy Policy is incorporated into
this Agreement, and it governs your access to and use of the Platform.
Please review our Privacy Policy so that you may understand our privacy
practices. All information we collect is subject to our Privacy Policy,
and by using the Platform you consent to all actions taken by us with respect
to your information in compliance with the Privacy Policy. You further
understand that any information collected by Raptor Digital Marketing may be
transferred to the United States and/or other countries for storage, processing
and use by Raptor Digital Marketing and its affiliates.
Although we try to
provide continuous availability to you, we do not guarantee that the Platform
will always be available, work, or be accessible at any particular time.
Additionally, Raptor Digital Marketing is under no obligation to provide the
services to any users and may suspend a user’s access to the Platform at any
time and at our discretion. Only users who are eligible to use our Platform may
do so and we may refuse service or terminate your access at any time. We cannot
guarantee that anything found on our Platform will work to the functionality
desired by you or give you any desired results.
- Modification
of Platform
We reserve the right to
alter, modify, update, or remove our Platform at any time. We may conduct
such modifications to our Platform for security reasons, intellectual property,
legal reasons, or various other reasons at our discretion, and we are not
required to explain such modifications. For example, we may provide
updates to fix security flaws, or to respond to legal demands. Please note
that this is a non-binding illustration of how we might exercise our rights
under this section, and nothing in this section obligates us to take measures
to update the Platform for security, legal or other purposes.
- Payments
Portions of the Platform
or specific services offered may require payment and you agree to pay for all
costs, fees, and taxes listed. User authorizes Raptor Digital Marketing or its
third party payment processors to charge their method of payment at the time of
purchase. Please be aware that purchases are completed via our third party
payment processors. Where applicable, you must agree to our third
party payment processors terms and conditions for processing payments. All
information that you provide in connection with a purchase or transaction must
be accurate, complete, and current. Where you have failed to pay or
where payments are overdue, Raptor Digital Marketing may suspend or terminate
your access to any services of the Platform, without liability to us.
- Taxes
Where Raptor Digital
Marketing does not charge you taxes for any purchases, you agree to pay any and
all applicable taxes for your use and purchase of the services.
Additionally, where requested by us, you agree to provide us tax documentation
to support any claims of on-time tax payment.
- Subscription
Plans and Automatic Renewals
For your convenience some
services offered by Raptor Digital Marketing may be made on a recurring
subscription basis (“Paid Subscription”). Where you decide to purchase any Paid
Subscriptions, your payment information shall be logged and you will be charged
monthly for any Paid Subscriptions. YOU AUTHORIZE US TO BILL YOU ON A RECURRING
BASIS AND AGREE THAT AT THE EXPIRATION OF YOUR INITIAL PAID SUBSCRIPTION, YOUR
PAID SUBSCRIPTION SHALL AUTOMATICALLY RENEW FOR ADDITIONAL MONTHLY SUBSCRIPTION
PERIODS (OR FOR THE SAME PERIOD AS YOUR INITIAL PAID SUBSCRIPTION) UNTIL WE ARE
NOTIFIED OTHERWISE. YOU AGREE THAT NO ADDITIONAL CONSENT IS REQUIRED BY YOU TO
CHARGE YOUR PREFERRED PAYMENT METHOD AUTOMATICALLY AND ON A RENEWABLE BASIS FOR
THE PAID SUBSCRIPTION PLAN SELECTED BY YOU. If you wish to cancel your
Paid Subscription please cancel through your dashboard or notify us by submitting a ticket.
Upon cancellation of a Paid Subscription, portions of the Platform may become
immediately inaccessible. Where your Paid Subscription has been cancelled or
expired, we have no liability to you for any deleted, inaccessible, modified,
or removed User Content.
- Pricing
and Price Increases
The pricing for any
services or Paid Subscriptions is listed on Raptor Digital Marketing Platform. Raptor
Digital Marketing may increase the price of any Paid Subscriptions or services,
at our discretion and we reserve the right to do so at any time. In the event
of a price increase, Raptor Digital Marketing shall notify you and you will
have the chance to accept or reject any price increase. Please notify us
if you intend to reject a price increase. Where you have rejected a price
increase, you may be unable to access portions of the Platform. You agree that Raptor
Digital Marketing has no obligation to offer any services or Paid Subscriptions
for the price originally offered to you at sign up.
- Refunds
As we offer online
services, we cannot offer refunds for any Paid Subscriptions or any paid
services. Please be aware that all purchase are final. However, Raptor
Digital Marketing wants you to be satisfied with our services and thus we offer
a 30 Day Satisfaction Guarantee. If you are dissatisfied with any of our
services, please contact us by submitting a ticket within thirty (30) days of your
initial use of such service. Once we have received your communication, we will
communicate with you to understand your concerns and will assist in rectifying
any dissatisfaction caused by our services.
- Deliverables
When using the Platform,
user may be entitled to receive press releases, blog posts, or other creative
content (collectively the “Deliverables”) upon purchase of our services.
Contingent on complete and timely payment, Raptor Digital Marketing shall assign
to user all right, title, and ownership interest to any Deliverables purchased
by the user. Where user has failed to pay for any Deliverable in a timely
manner, Raptor Digital Marketing reserves the right to withhold or demand the
return of any Deliverable from the user.
- Estimates
Please be aware that some
of our services provided may list estimated dates and timelines for delivery or
completion (“Estimated Dates”). Although, Raptor Digital Marketing shall
attempt to deliver all services by the Estimated Dates listed on the Platform,
these Estimated Dates are merely good faith estimates and are non-binding in
nature. Raptor Digital Marketing reserves the right to modify, alter, or extend
any Estimated Dates at our discretion. Raptor Digital Marketing is not
responsible or liable for any failure to provide any services before any
Estimated Dates listed on the Platform. Oral or written statements made
by any agents, employees, or contractors of Raptor Digital Marketing regarding
any Estimated Dates are non-binding and do not alter any contractual agreements
between Raptor Digital Marketing and any users.
- Intellectual
Property
The name “Raptor Digital
Marketing”, www.thehoth.com, Raptor Digital Marketing Platform along with the
design of Raptor Digital Marketing Platform and any text, writings, images,
templates, scripts, graphics, interactive features and any trademarks or logos
contained therein (“Marks”), are owned by or licensed to Raptor Digital
Marketing, subject to copyright and other intellectual property rights under US
and foreign laws and international conventions. Raptor Digital Marketing
reserves all rights not expressly granted in and to the Platform. You agree to
not engage in the use, copying, or distribution anything contained within the
Platform unless we have given express written permission.
- Idea
Submission
Raptor Digital Marketing
or any of its employees do not accept or consider unsolicited ideas, including
but not limited to ideas relating to processes, technologies, product
enhancements, or product names. Please do not submit any unsolicited ideas,
content, artwork, suggestions, or other works (“Submissions”) in any form to Raptor
Digital Marketing. The sole purpose of this policy is to avoid potential
misunderstandings or disputes when Raptor Digital Marketing’s products or
services might seem similar to ideas you submitted to Raptor Digital Marketing.
If, despite our request that you not send us your ideas, you agree to the
following: (1) your Submissions and their contents will automatically become
the property of Raptor Digital Marketing, without any compensation to you; (2) Raptor
Digital Marketing may use or redistribute the Submissions and their contents
for any purpose and in any way; (3) there is no obligation for Raptor Digital
Marketing to review the Submission; and (4) there is no obligation to keep any
Submissions confidential.
THE PLATFORM AND ALL
SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”
BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER RAPTOR DIGITAL
MARKETING, NOR ANY OF OUR EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS OR AGENTS MAKE
ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER,
EXPRESS OR IMPLIED, AS TO: (1) THE PLATFORM; (2) ANY INFORMATION PROVIDED VIA
THE PLATFORM; (3) THE SERVICES, OR (4) SECURITY ASSOCIATED WITH THE
TRANSMISSION OF INFORMATION TO RAPTOR DIGITAL MARKETING, OR VIA THE PLATFORM.
IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, LOST PROFITS, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT,
SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
RAPTOR DIGITAL MARKETING
DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM INCLUDING THE SERVICES WILL BE
ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE
PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY
HARMFUL COMPONENTS. RAPTOR DIGITAL MARKETING DOES NOT MAKE ANY REPRESENTATIONS
OR WARRANTIES THAT THE SERVICES OFFERED ARE ACCURATE, COMPLETE, OR USEFUL. RAPTOR
DIGITAL MARKETING DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN
ANY PARTICULAR JURISDICTION, AND RAPTOR DIGITAL MARKETING SPECIFICALLY
DISCLAIMS ANY SUCH WARRANTIES.
IN NO EVENT SHALL Raptor
Digital Marketing, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO
YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RAPTOR DIGITAL MARKETING IS ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (1) YOUR USE OR INABILITY TO
USE THE PLATFORM OR ANY ERRORS, MISTAKES, OR INACCURACIES FOUND WITHIN THE
PLATFORM, (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM INCLUDING THE SERVICES,
(3) ANY INTERRUPTION, MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF
TRANSMISSION TO OR FROM OUR PLATFORM TO YOU, (4) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM VIA A
THIRD PARTY, (5) ANY FAILURE OR DISRUPTION OF SERVICES WHETHER INTENTIONAL OR
UNINTENTIONAL, OR (6) ANY ACTION TAKEN IN CONNECTION WITH ANY THIRD PARTY
COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS. THE FOREGOING LIMITATION OF
LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE
JURISDICTION. SOME STATES 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 AND YOU MAY ALSO HAVE
OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. Specifically, in those jurisdictions not
allowed, we do not disclaim liability for: (1) death or personal injury caused
by Raptor Digital Marketing’s negligence or that of any of its officers,
employees or agents; (2) fraudulent misrepresentation; or (3) any liability
which it is not lawful to exclude either now or IN THE FUTURE. WHERE A
TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY
TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID IN THE PAST SIX (6) MONTHS TO
USE OUR PLATFORM INCLUDING OUR SERVICES.
You agree to defend,
indemnify and hold harmless Raptor Digital Marketing, its officers, directors,
employees and agents, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including but
not limited to attorney’s fees) arising from:
- your use of and access to Raptor Digital Marketing Platform
including any services; - your violation of any term of this Agreement;
- your interactions with any other uses or third parties; or
- your violation of any third party right, including without
limitation any copyright, property, or contractual right.
This defense and
indemnification obligation will survive this Agreement and your use of Raptor
Digital Marketing Platform. You also agree that you have a duty to defend us
against such claims and we may require you to pay for an attorney(s) of our
choice in such cases. You agree that this indemnity extends to requiring
you to pay for our reasonable attorneys’ fees, court costs, and
disbursements. In the event of a claim such as one described in this
paragraph, we may elect to settle with the party/parties making the claim and
you shall be liable for the damages as though we had proceeded with a trial.
We take copyright
infringement very seriously. If you believe that any content owned by you
has been infringed upon please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if
different from your name. - The name and description of the work that is being infringed.
- The location on our Platform of the infringing copy.
- A statement that you have a good faith belief that use of the
copyrighted work described above is not authorized by the copyright owner (or
by a third party who is legally entitled to do so on behalf of the copyright
owner) and is not otherwise permitted by law. - A statement that you swear, under penalty of perjury, that the
information contained in this notification is accurate and that you are the
copyright owner or have an exclusive right in law to bring infringement
proceedings with respect to its use.
You must sign this
notification and submit a ticket to our Copyright Agent: Copyright Agent
of Raptor Digital Marketing.
Counter Notice
In the event that you
receive a notification from Raptor Digital Marketing stating content posted by
you has been subject to a DMCA takedown, you may respond by filing a
counter-notice pursuant to the DMCA. Your counter-notice must contain the
following:
- Your name, address, email and physical or electronic signature.
- The notification reference number (if applicable).
- Identification of the material and its location before it was
removed. - A statement under penalty of perjury that the material was
removed by mistake or misidentification. - Your consent to the jurisdiction of a federal court in the
district where you live (if you are in the U.S.), or your consent to the
jurisdiction of a federal court in the district where your internet service
provider is located (if you are not in the US). - Your consent to accept service of process from the party who
submitted the takedown notice.
Please be aware that we
may not take any action regarding your counter-notice unless your notification
strictly complies with the foregoing requirements. Please
send this counter-notice in accordance with the takedown notice instructions
above.
This Agreement shall be
governed by the laws in force in the state of Florida. The offer and acceptance
of this contract is deemed to have occurred in the state of Florida.
Any dispute relating in
any way to your visit to the Platform or our Platform shall be submitted to
confidential arbitration in St Petersburg, FL. Arbitration under this Agreement
shall be conducted pursuant to the applicable Commercial Rules (“Rules”) then
prevailing at the American Arbitration Association. Arbitration shall be
conducted in English by one (1) arbitrator as selected pursuant to the Rules;
the arbitrator’s award shall be final and binding and may be entered as a
judgment in any court of competent jurisdiction. Each party shall be
responsible for their own arbitration fees and costs. To the fullest extent
permitted by applicable law, no arbitration under this Agreement shall be
joined to an arbitration involving any other party subject to this Agreement,
whether through class action proceedings or otherwise. Where allowed by the
Rules, Raptor Digital Marketing may make any and all appearances telephonically
or electronically. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of, related to or connected
with the use of the Platform or this Agreement must be filed within one (1)
year after such claim or cause of action arose or be forever banned.
Notwithstanding the foregoing, either party may seek equitable
relief to protect its interests (including but not limited to injunctive
relief), or make a claim for nonpayment, in a court of appropriate
jurisdiction, and issues of intellectual property ownership or infringement may
be decided only by a court of appropriate jurisdiction and not by arbitration.
In the event that the law does not permit the abovementioned dispute to be
resolved through arbitration or if this arbitration agreement is unenforceable,
you agree that any actions and disputes shall be brought solely in a court of
competent jurisdiction located within Pinellas County, FL.
You and Raptor Digital
Marketing agree that any proceedings to resolve or litigate any dispute whether
through a court of law or arbitration shall be solely conducted on an
individual basis. You agree that you will not seek to have any dispute
heard as a class action, representative action, collective action, or private
attorney general action.
In the event that a
provision of this Agreement is found to be unlawful, conflicting with another
provision of the Agreement, or otherwise unenforceable, the Agreement will
remain in force as though it had been entered into without that unenforceable
provision being included in it.
If two or more provisions
of this Agreement or any other agreement you may have with Raptor Digital
Marketing are deemed to conflict with each other’s operation, Raptor Digital
Marketing shall have the sole right to elect which provision remains in force.
We reserve all rights
permitted to us under this Agreement as well as under the provisions of any
applicable law. Our non-enforcement of any particular provision or
provisions of this Agreement or the any applicable law should not be construed
as our waiver of the right to enforce that same provision under the same or
different circumstances at any time in the future.
You may not assign your
rights and/or obligations under this Agreement to any other party without our
prior written consent. We may assign our rights and/or obligations under
this Agreement to any other party at our discretion. All portions of this
Agreement that would reasonably be believed to survive termination shall
survive and remain in full force upon termination, including but not limited to
the Limitation of Liabilities, Representation and Warranties, Licensing,
Indemnification, and Arbitration sections.
You may cancel your Paid
Subscription or your account at any time via your Raptor Digital Marketing
dashboard or by submitting a ticket. Any refunds are subject to the refund
terms contained in this Agreement. Please be aware that upon termination of
your account, access to portions of our Platform may be become immediately
disabled. We may terminate this Agreement with you if we determine that:
(1) you have violated any applicable laws while using our Platform; (2) if you
have violated this Agreement or as permitted by the Platform; or (3) if we
believe that any of your actions may legally harm Raptor Digital Marketing or
our business interests, at our sole decision or discretion. In the event
of termination, we will strive to provide you with a timely explanation;
however, we are not required to do so.
This Agreement along with
the Privacy Policy constitute the complete and exclusive understanding and
agreement between the parties regarding the subject matter herein and supersede
all prior or contemporaneous agreements or understandings written or oral,
relating to its subject matter. Any waiver, modification or amendment of any
provision of this Agreement will be effective only if in writing and signed by
a duly authorized representative of each party.
We may amend this
Agreement from time to time. When we amend this Agreement, we will update
this page and indicate the date that it was last modified or we may email
you. You may refuse to agree to the amendments, but if you do, you must
immediately cease using our Platform and our Platform.
The communications
between you and Raptor Digital Marketing use electronic means, whether you
visit the Platform or send Raptor Digital Marketing e-mails, or whether Raptor
Digital Marketing posts notices on the Platform or communications with you via
mobile notifications or e-mail. For contractual purposes, you (1) consent
to receive communications from Raptor Digital Marketing in an electronic form;
and (2) agree that all terms, conditions, agreements, notices, disclosures, and
other communications that Raptor Digital Marketing provides to you
electronically satisfy any legal requirement that such communications would
satisfy if it were to be in writing. The foregoing does not affect your
statutory rights.
- Relationship
of the Parties.
The parties are
independent contractors. This Agreement does not create a partnership,
franchise, joint venture, agency, fiduciary or employment relationship between
you and Raptor Digital Marketing.
- Platform
Issues and Support
Where you have any
questions, issues, or if you are having trouble accessing or using the
Platform, please contact us.
Pursuant to California
Civil Code Section 1789.3, any questions about pricing, complaints, or
inquiries about Raptor Digital Marketing must be sent to our agent contacting
us.
Lastly, California users
are also 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.
