Terms of Service Overview
Acceptance of the Terms of Service
These Terms of Service are entered into by and between You and Starfish Technologies LLC doing business as Raven herein after ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Service" or “Terms or Use”), govern your access to and use of our Raven Scanners (“Product” or “Products”) as well as your use of the Raven Cloud application and the Raven Desktop application for Windows PC and macOS (collectively the, “Services”), including any Content, functionality, and services offered on or through our website at raven.com (the "Website"), whether as a guest or a registered user.
You agree that Company, the Website, Products or Services are offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, Products or Services you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website, Products or Services.
Changes to the Terms of Service
We may revise and update these Terms of Service from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of our Website, Products and Services. However, any changes to the dispute resolution provisions set out in the Complaint Resolution Procedures will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Payment and Refunds
A valid credit or debit card is required for purchase. Raven does not accept checks, ACH, gift cards or purchase orders as a means of payment.
You will be charged in full at checkout for the Products, sales tax (if applicable), and any accessories or Services you selected. If you are dissatisfied with your purchase in any way, you may return the Product within 30 days of the date of the order for a full refund. Proof of purchase (original or digital receipt) is required, as well as the original packaging or adequate packaging to protect the Product in shipment.
Access and Account Security
We reserve the right to withdraw or amend this Website, Products or Services, and any material we provide in our sole discretion without notice. We will not be liable, if for any reason, all or any part of the Website, Products or Services is unavailable at any time or for any period. You understand that if your account is suspended or terminated, you may no longer have access to the Content that is stored on our Services. From time to time, we may restrict access to some parts of, or the entirety of, the Website, a Product or Product features or Services, to users, including registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Website, your Product or Services.
- Ensuring that all persons who access the Website, our Products and Services through your internet connection are aware of these Terms of Service and comply with them.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to our Website, our Product or our Services, or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach or suspected breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion, for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
In the event of a termination you may request access to your Content, which Company will make available to you, except in cases where Company has terminated your account due to your violation of these Terms of Service or Company’s other applicable terms and conditions. You must make such a request within 14 days following termination otherwise, any Content you have stored may not be retrievable and Company will have no obligation to maintain Content stored in your account after this 14 day period.
Intellectual Property Rights
The Website, Products or Services and the entirety of their content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website or Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
- You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website, a Product or our Services other than that set out in this section, please address your request to: firstname.lastname@example.org
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website, Product or Services in breach of the Terms of Service, your right to use the Website or Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website, Services or any content on the Website, or Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website, Products or Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
License to Use
In order to enable the Company to operate the Website, Products or Services, we must obtain from you certain limited license rights to process your Content that is covered by intellectual property rights so that technical actions we take in operating the Website, Products or Services is not considered legal violations.
For example, copyright laws could prevent us from processing, maintaining, storing, backing-up and distributing certain Content, unless you give us these rights. Accordingly, by using the Website, Products or Services, you are granting the Company a license to display, perform and distribute your Content and to modify (for technical purposes, e.g., making sure your Content is viewable on smartphones as well as computers and other devices and reproduce such Content to enable Company to operate the respective Services.
You also agree that Company has the right to elect not to accept, post, store, display, publish or transmit any Content in our sole discretion.
You agree that these rights and licenses are royalty free, transferable, sub-licensable, worldwide and irrevocable (for so long as your Content is stored with us), and include a right for Company to make such Content available to, and pass these rights along to, others with whom Company has contractual relationships related to the provision of the Services, solely for the purpose of providing such Services, and to otherwise permit access to or disclose your Content to third parties if Company determines such access is necessary to comply with its legal obligations.
If you elect to use any third party service or application that is integrated with Company, you also agree that the licenses granted to Company in the preceding paragraph shall apply to Content that is submitted or uploaded through such third party service or application. If the third party service or application you elect to use would access or extract Content, you grant Company the right and license to enable third party access to and extraction of your Content. Company does not assume any responsibility for, or liability on account of, the actions or omissions of such third party applications or service providers.
As we rely upon your rights to upload and distribute your Content, you represent and warrant to Company that (1) you have the unfettered legal rights and authority to submit your Content to Company, to make any other use, publication or other distribution of that Content in your use of the Services, and to grant the rights granted to Company under these Terms; and (2) your Content complies with our User Guidelines and these Terms.
Finally, you understand and agree that Company, in performing the required technical steps to provide Services to our users, may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.
The Company name, the terms, the Company logo and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
You may use the Website, Product and Services only for lawful purposes and in accordance with these Terms of Service.
You agree not to use the Website, Products or Services:
- In any way that violates any applicable federal, state, local, or international law or regulation including, without limitation, any laws regarding the export of data or software to and from the US or other countries.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Service.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity,including, without limitation, by using email addresses or screen names associated with any of the foregoing.
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, their Products or Services, as determined by us, or may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
- Use the Website, Product or Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, their Products or Services, including their ability to engage in real time activities through the Website or Services.
- Use any robot, spider, or other automatic device, process, or means to access the Website, Products or Services for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on or in the Products, Website or Services, or for any purpose not expressly authorized in these Terms of Service, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website, Products or Services or any other person or entity’s use of a Product or Services.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful to either the Website, Products, Services or another person or entity’s Products or Services.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website or the server on which the Website, Products or Services are stored, or any server, computer, or database connected to your Product, another person or entity’s Product or Services.
- Attack the Website, Products or Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website, Product or Services or another person or entity’s Product or Services.
- Use the Website, Products or Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person or entity.
- Use the Website, Products or Services for purposes of: (i) benchmarking or competitive analysis; (ii) developing, using, or providing a competing website, software, product or service; or (iii) any other purpose that is to Company’s detriment or commercial disadvantage.
- You must not reverse engineer, disassemble, decompile, decode, or adapt our Website, Products or Services or otherwise attempt to derive or gain access to our source code in whole or in part.
- Remove, delete, efface, alter, obscure, translate, combine, supplement, or otherwise change any trademarks, terms of the Documentation, warranties, disclaimers, or Intellectual Property Rights, proprietary rights or other symbols, notices, marks, or serial numbers on or relating to the Website, Products or Services or any copies thereof or our documentation relating to any of the aforementioned.
- Disparage or encourage others to disparage the Company, Products, Website or Services.
Reasonable Use Restrictions
You agree to adhere to Company’s Reasonable Use Restrictions. If you exceed Company’s Reasonable Use Restrictions, additional fees will be due and/or reasonable restrictions may be placed on your account until any such excess usage is adequately eliminated by you.
- You may not use more than 10GB of Platform Bandwidth in any given calendar month. Platform Bandwidth is the flow of data to or from the Services. Platform Bandwidth is measured in gigabytes (GB).
Reliance on Information Posted
The information presented on or through the Website, accompanying our Products or presented on or through our Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or user of the Products or Services, or by anyone who may be informed of any of its contents.
The Website, Products or Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website, Product or Services
We may update the content on the Website, Products or Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website, Products or Services may be out of date at any given time, and we are under no obligation to update such material.
Character Recognition Consent & Information About You and Your Visits to the Website, Product or Services
Online Purchases and Other Terms and Conditions
Additional terms and conditions may also apply to specific portions, services, or features of the Website, Products or Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our prior express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on our Website.
- Send emails or other communications with certain content, or links to certain content, on our Website.
- Cause limited portions of content on our Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Website other than the homepage.
- Otherwise take any action with respect to the materials on our Website that is inconsistent with any other provision of these Terms of Service.
- The website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms of Service.
- You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
- We may disable all or any social media features and any links at any time without notice at our discretion.
Links from our Website
If our Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website, Products and Services is based in the State of Texas in the United States. Therefore we provide the Website, Products and Services for use by persons located in the United States. We make no claims that the Website, Products or Services or any of their content is accessible or appropriate outside of the United States. Access to the Website, Products or Services may not be legal by certain persons or in certain countries. If you access the Website, or purchase Products or Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Additionally Company expressly prohibits any person or entity from using the Website, Products or Services in countries that are subject to U.S. economic sanctions or provided to or used by anyone on the U.S. Department of the Treasury's lists of Foreign Sanctions Evaders or Specially Designated Nationals or the U.S. Department of Commerce Denied Persons, Unverified, or Entity lists.
By using the Services, you represent and warrant that you are not located in any such country or on any such list, and shall not use the Website, Products or Services, or provide access to or use any of the aforementioned to anyone, in any such country. In addition, you are responsible for compliance with applicable export control, economic sanctions and related laws when you travel across international borders and access your Content.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, MALWARE, CRASHES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, RAVEN SCANNER, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE, OUR Products OR ANY OF OUR SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE OR OUR PRODUCTS OR SERVICES OR DUE TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON ANY OF THE AFOREMENTIONED, OR ON ANY WEBSITE LINKED TO ANY OF THE AFOREMENTIONED OR DUE TO YOUR USE OR DOWNLOADING OF ANY OF THE RAVEN APPLICATIONS TO YOUR PERSONAL COMPUTER OR OTHER DEVICE, REGARDLESS OF THE VERSION OF THE APPLICATION.
YOUR USE OF THE WEBSITE, OUR PRODUCTS OR OUR SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, PRODUCTS OR SERVICES IS AT YOUR OWN RISK. THE WEBSITE, PRODUCTS OR SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, PRODUCTS OR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE, Products OR PRODUCT SERVICE TEAM OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, PRODUCTS OR SERVICES, OR THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, PRODUCTS OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, Products OR ANY OF OUR SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE, PRODUCTS OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, EXECUTIVES, ATTORNEYS, CONTRACTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, Products, OR SERVICES, INCLUDING WITHOUT LIMITATION ANY WEBSITES LINKED TO ANY OF THE AFOREMENTIONED, OR ANY CONTENT ON THE WEBSITE OR THE AFOREMENTIONED OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, attorneys, agents, executives, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Website or its content, including, but not limited to, your User Contributions, your use of a Product or our Services other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Website, Products or Services.
Complaint Resolution Procedures - What to do if you Have a Complaint or Potential Claim Against Company
If you have a problem or just want additional information about the Website, Products or Services we encourage you to reach out to our Customer Service team at either 1-800-713-9009 or email@example.com so that we can have the opportunity to meet your needs.
Initiating a Formal Claim
- Customer Service. If our Customer Service team is not able to meet your needs and you are still interested in pursuing legal action, you agree that your claim will be resolved in accordance with these Terms of Service. The Company provides the Website, Products or Services to you on the condition that you accept the dispute resolution provisions described below, so if you initiate any claim against Company in any other manner, you shall be in violation of these Terms of Service and you agree that Company shall be entitled to have such action dismissed or otherwise terminated and you agree to reimburse Company for its reasonable costs incurred in defending against such improperly initiated claim.
- Notice of Dispute. You agree that prior to initiating any formal proceedings against Company, you will send us a notice at firstname.lastname@example.org and state that you are providing a “Notice of Dispute.” Upon receipt of a Notice of Dispute, you and we shall attempt to resolve the dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. If the dispute remains unresolved, either you or we may initiate formal proceedings according to these Terms of Service.
- Venue and Jurisdiction. Except where our dispute is being resolved pursuant to an arbitration (as provided below) you agree that any claim or dispute you may have against Company must be resolved exclusively by a state or federal court located in Houston, Texas. You agree to submit to the exclusive personal jurisdiction of the courts located within Houston, Harris County, Texas and, for the avoidance of doubt, to exclude the jurisdiction of any other court for the purpose of litigating all such claims or disputes.
Limitation on Time to File Claims: ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE Terms of Service OR THE WEBSITE, OR A PRODUCT OR OUR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- Claims Under $10,000USD. Unless you are subject to the Arbitration Agreement set out below, and subject to any applicable laws, if a claim arises between you and Company where the total value of such claim is less than US$10,000, the party initiating the claim may elect to have the dispute resolved pursuant to a binding arbitration process that does not require attendance in person. This “Alternative Dispute Resolution Process” shall be initiated by either party sending notice to the other, in which event you and Company agree to use our reasonable efforts to agree within thirty (30) days upon an individual or service to manage the Alternative Dispute Resolution Process (the “Arbitration Manager”) according to the following requirements: (i) neither party shall be required to attend any proceeding in person, (ii) the proceeding will be conducted via written submissions, telephone or online communications or as otherwise agreed upon, (iii) the fees for the Arbitration Manager will be borne equally by the parties or be submitted to the Arbitration Manager to determine as part of the dispute and (iv) the judgment rendered by the Arbitration Manager may be entered in any court of competent jurisdiction for enforcement.
- If you are a resident of the European Union (EU), please note that we offer this Alternative Dispute Resolution Process, but we cannot offer you the European Commission Dispute Platform as we do not have an establishment in the EU.
- Arbitration. If you reside in the United States or are otherwise subject to the US Federal Arbitration Act, you and Company agree that any and all disputes or claims that have arisen or may arise between us - except any dispute relating to the enforcement or validity of your, our or either of our licensors’ intellectual property rights - shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Our arbitration proceedings would be conducted by the American Arbitration Association ("AAA") under its rules and procedures applicable at that time, including the AAA's Supplementary Procedures for Consumer-Related Disputes (to the extent applicable), as modified by our Arbitration Agreement. You may review those rules and procedures, and obtain a form for initiating arbitration proceedings at the AAA's website. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is US$10,000 or less, either of us may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on us subject to the arbitrator's discretion to require an in-person hearing. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.
- The arbitrator will decide the substance of all claims in accordance with the laws of the State of Texas, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court possessing jurisdiction over the parties, except for a limited right of appeal under the Federal Arbitration Act.
- YOU AND COMPANY AGREE, AS PART OF THE ARBITRATION AGREEMENT, THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. WE REFER TO THIS AS THE “PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS.” UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN YOUR OR OUR CLAIM WITH ANOTHER PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS. ANY RELIEF AWARDED CANNOT AFFECT OTHER COMPANY USERS.
- Except with respect to the Prohibition of Class and Representative Actions, if a court decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement shall continue to apply. If a court decides that the Prohibition of Class and Representative Actions is invalid or unenforceable, then this entire Arbitration Agreement shall be null and void. The remainder of these Terms and this Section for Complaint Resolution Procedures will continue to apply.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Third Party Beneficiaries
You agree and acknowledge that Company’s parent company, and each affiliate of Company and each of their respective subsidiaries (as the case may be) shall be third party beneficiaries to these Terms of Service and all related agreements and as such shall be entitled to directly enforce, and rely upon, any provision of these Terms of Service which confers a benefit on (or provides rights in favor of them). Other than this, no other person or entity shall be a third party beneficiary to these Terms of Service.
How to Close Your Raven Account
You may deactivate your Raven account at any time, for any reason (or no reason) by contacting our Customer Service Team at email@example.com or calling us at 1-800-713-9009. If you are on a paid subscription plan certain terms and conditions may apply as set forth in your particular plan.
Company may act to temporarily limit your use of the Website or our Services, suspend access to your account, or close your account, with or without notice according to these Terms of Service. Reasons for Company suspending or closing your account may include, without limitation: (i) breach or violation of these Terms of Service or any Separate Agreement, (ii) an extended period of inactivity (determined in Company’s sole discretion), (iii) your nonpayment of any fees or other sums due Company or any other party related to your use of our Services, (iv) the discontinuance or material modification of the Services (or any part thereof) or (v) unexpected technical or security issues or problems.
In most cases, in the event we elect to close your account, we will provide at least 30 days advance notice to you at the email address you have provided to us, so you have a chance to retrieve any Content stored on Raven Cloud (unless we determine that we are legally prohibited from providing such notice or enabling you to do so). After the expiration of this notice period, you will no longer be able to retrieve Content contained in that account or otherwise use the Services through that account.
What Happens to your Account in the Event of Death
Company’s pledge to protect the privacy of your Content will continue, even after your death or incapacity. If you wish to enable someone else to have access to your Content or other data in your account after you are no longer able to provide them access, you need to implement a process for providing your information to them. We will not provide your information, or your Content, to anyone, even next of kin, unless we determine that we are legally obligated to do so. We encourage you to include your Basic Subscriber information, with instructions on how to access your Content, in your will or other estate plans, so that anyone you wish to have access to your account will have the means to do so. Please contact our Customer Service Team at firstname.lastname@example.org or call us at 1-800-713-9009 for information on terminating payment for paid services upon death or incapacity.
Your Rights Regarding Sharing New Ideas with Raven
When you submit any ideas, suggestions, documents, improvements or proposals relating to our Services or Products to Company (i.e. “Contributions”) you acknowledge and agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) Company is not under any obligation of confidentiality, express or implied, with respect to your Contributions; (iii) Company shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; (iv) Company may have something similar to the Contributions already under consideration or in development; (v) your Contributions automatically become the property of Company without any obligation of Company to notify you; and (vi) you are not entitled to any accounting, compensation or reimbursement of any kind from Company under any circumstances.
Machine: The Raven Scanner (“Machine” or “Hardware”); Duration: 1 Year (“Warranty Period”); Warranty for Machines: Company warrants that each Machine is free from defects in materials and workmanship and conforms to the manufacturer’s published specifications. The warranty period for each Machine is a specified, fixed period commencing on its date of purchase, as evidenced by the original or digital sales receipt from an authorized Raven seller; Extent of Warranty: In addition to the limitations and exclusions set forth in the “Disclaimer of Warranties” below, the warranty does not cover the repair or exchange of a Machine resulting from misuse, accident, modification, unsuitable physical or operating environment, improper maintenance or failure caused by a product for which the Company is not responsible or for cosmetic defects as long as such defects do not interfere with the functionality or performance of the Machine. The warranty is voided by removal or alteration of Machine parts or identification labels; Items not covered by the warranty: Owner computer operating system, application programs other than Raven software or hardware configurations; Return Policy: Machines can be returned within 30 days with proof of purchase (original or digital receipt) in its original packaging. After 30 days from the original date of purchase, a Machine cannot be returned. A Machine cannot be returned if it is damaged as a result of misuse, accident, modification, unsuitable physical or operating environment, improper maintenance or failure caused by a product for which the Company is not responsible. The return policy is voided by removal or alteration of machine parts or identification labels.
How To Obtain Limited Warranty Service
Raven Scanners are supplied with information on unpacking, setup, installation and operation. Careful reading of the materials will answer most of the questions the end user might have regarding proper installation, operation and maintenance of the product. However, should additional technical support be required, you may visit our website at raven.com or contact: 800-713-9009.
In order to properly service you, please be prepared to describe your issue and provide your Raven account email address, scanner model, serial number and proof of purchase.
Special Notice for California Consumers
Under California Civil Code Section 1789.3, users of the Website and or our Services from California 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., Suite N 112, Sacramento, CA 95834, or by telephone at 1-800-952-5210.
If you would like to file a complaint regarding our Services, see our Complaint Resolution Procedures or if you wish to receive further information regarding the use of our Services in addition to contacting The Complaint Assistance Unit of the Division of Consumer Services you may also contact us via email at email@example.com, via telephone at 1-800-713-9009 or at:
Starfish Technologies LLC
11150 South Wilcrest Drive Suite 200
Houston, Texas 77099-4311
Attention: Legal Department
Compliance Contact Information
If you would like to report a copyright infringement claim, breach or suspected breach from either the Website, our Products or Services please send us an email at firstname.lastname@example.org.
General Contact Information
Raven welcomes your questions and comments. Our general contact information is below
11150 Wilcrest Dr Suite 200
Houston, TX 77099
Email Address: email@example.com
Telephone Number: 1-800-713-9009
- The section headings in these Terms of Service are for convenience only and have no legal or contractual effect.
- The use of singular or plural nouns are for convenience only and have no legal or contractual effect.
- Earlier Versions of the Terms of Service are Now Null and Void. These Terms of Service supersede any prior agreements or earlier versions of the Terms of Service between you and Company for the use of the Website, Products or Services as of the Effective Date indicated at the bottom of these Terms of Service. If, through accessing or using any of the aforementioned, you utilize or obtain any Product or Service from a third party, you may additionally be subject to such third party’s terms and conditions applicable thereto, and these Terms of Service shall not affect your legal relationship with such third party.
- Business Associate Agreements Order of Precedence. If in the future Company chooses to enter into a Business Associate Agreement with you, that Business Associate Agreement shall take precedence for all claims related to breaches of Protected Health Information pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
Updated December 8, 2020