These Terms and Conditions of Sale of Raven apply to sales of Raven Scanner and Raven Cloud (“products” or “services”). A copy of these Terms and Conditions of Sale are available from Raven's website at raven.com/terms-conditions/. By placing orders by telephone, through our websites, or through or affiliates, you (“you” or “Customer”) accept, without limitation or qualification, these Terms and Conditions of Sale.
If you sign up for Raven Cloud Service service with a minimum contract term, you will also find information herein about that contract term and the effects of cancelling your Raven Cloud subscription service early or missing payments.
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 order for a full refund in accordance with the return policy below.
Raven Cloud Free Trial
The free trial allows you access to Raven Cloud for a period of three months (3) months from the date that you sign up for a Raven account (“Free Trial Offer”). Raven will send an email reminder five (5) days prior to your trial period expiring, at which point you can choose to subscribe in a monthly or annual subscription. By submitting your payment details, you authorize Raven to charge your credit card at the end of the trial period for the selected plan and billing term (monthly or annually). If you decide that you do not want to be a paying user of the Raven Cloud service, you must unsubscribe or cancel within the billing section of your account, or contact Raven before the end of the billing period, to terminate your Raven Cloud service. Raven reserves the right to withdraw or to modify this Free Trial Offer and/or the Terms and Conditions of the Free Trial at any time without prior notice and with no liability.
About Credit Card Account Updater Programs
Raven is enrolled in the Visa® Account Updater and MasterCard® Automatic Billing Updater programs. These programs enable sharing updated account information between us and your credit card company.
This process starts after we submit your recurring billing authorizations to your credit card company. If your card number or expiration date has changed since you placed your original order, we receive your updated account information.
Once we receive your updated account information, we automatically update your payment profile and attempt to process the transaction.
American Express® also has a recurring billing program similar to the Visa Account Updater and MasterCard Automatic Billing Updater programs. This program requires no action on our part. Once American Express receives your recurring billing authorizations from us, they internally identify your new card numbers or expiration dates. Then, they process transactions using your updated account information without sending it to us, so your payment profiles are not updated in Raven's systems.
To verify your issuing bank’s participation in the programs, please contact your credit card company.
Past Due Amounts
In the event you fail to make a required payment on the due date, all remaining payments shall immediately become due and owing, and your account access will be restricted. Should your account be sent to an outside collection agency, Raven shall be entitled to reimbursement of all costs, expenses, and reasonable attorneys’ fees incurred in attempting to collect any outstanding amounts owed.
NOTE: Requested cancellation of your active Raven Cloud subscription does not absolve you of any current balance due.
Raven Cloud Refund Policy
Raven Cloud subscriptions will be refunded on a prorated basis and cancelled on the date requested. When a Raven Cloud subscription has been cancelled, access will be restricted immediately for all account users.
Machine: The Raven Scanner (“Machine” or “Hardware”); Duration: 1 Year (“Warranty Period”); Warranty for Machines: Starfish Technologies, LLC dba Raven (“Manufacturer” or “Raven”) 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 your original or digital sales receipt; 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 Manufacturer 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 manufacturer is not responsible. The return policy is voided by removal or alteration of machine parts or identification labels.
Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE RAVEN SOFTWARE AND HARDWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA AND HARDWARE SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RAVEN SOFTWARE AND HARDWARE ARE PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND RAVEN AND RAVEN’S LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE AND HARDWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. RAVEN DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE RAVEN SOFTWARE AND HARDWARE, THAT THE FUNCTIONS CONTAINED IN THE RAVEN SOFTWARE AND HARDWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE RAVEN SOFTWARE AND HARDWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE RAVEN SOFTWARE AND HARDWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RAVEN OR A RAVEN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. AFTER THE END OF THE WARRANTY PERIOD, SHOULD THE RAVEN SOFTWARE AND HARDWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
RAVEN’S LIMITED WARRANTY DOES NOT APPLY TO A RAVEN PRODUCT THAT HAS BEEN SUBJECTED TO PHYSICAL DAMAGE AFTER PURCHASE, CAUSED, FOR EXAMPLE, BY CASUALTY, ACCIDENT, ACTS OF GOD OR TRANSPORTATION, INCLUDING (A) BY A FAILURE TO PROPERLY PACKAGE AND SHIP THE IMAGING PRODUCT BACK TO RAVEN FOR WARRANTY SERVICE IN ACCORDANCE WITH RAVEN’S THEN CURRENT PACKAGING AND SHIPPING GUIDELINES, INCLUDING FAILURE TO REPLACE THE SHIPPING RESTRAINT PRIOR TO SHIPPING, OR BY A FAILURE TO REMOVE THE SHIPPING RESTRAINT PRIOR TO USE; (B) RESULTING FROM THE USER’S INSTALLATION, SYSTEM INTEGRATION, PROGRAMMING, RE-INSTALLATION OF USER OPERATING SYSTEMS OR APPLICATIONS SOFTWARE, SYSTEMS ENGINEERING, RELOCATION, RECONSTRUCTION OF DATA, OR REMOVAL OF THE PRODUCT OR ANY COMPONENT (INCLUDING BREAKAGE OF A CONNECTOR, COVER, GLASS, PINS, OR SEAL); (C) FROM SERVICE, MODIFICATION OR REPAIR NOT PERFORMED BY RAVEN OR A SERVICE PROVIDER AUTHORIZED BY RAVEN OR BY TAMPERING, USE OF COUNTERFEIT OR OTHER NON-RAVEN COMPONENTS, ASSEMBLIES, ACCESSORIES, OR MODULES; (D) BY MISUSE, UNREASONABLE HANDLING OR MAINTENANCE, MISTREATMENT, OPERATOR ERROR, FAILURE TO PROVIDE PROPER SUPERVISION OR MAINTENANCE INCLUDING USE OF CLEANING PRODUCTS OR OTHER ACCESSORIES NOT APPROVED BY RAVEN OR USE IN CONTRAVENTION OF RECOMMENDED PROCEDURES OR SPECIFICATIONS; (E) BY ENVIRONMENTAL CONDITIONS (SUCH AS EXCESSIVE HEAT OR OTHER UNSUITABLE PHYSICAL OPERATING ENVIRONMENT), CORROSION, STAINING, ELECTRICAL WORK EXTERNAL TO THE PRODUCT OR FAILURE TO PROVIDE ELECTRO-STATIC DISCHARGE (ESD) PROTECTION; (F) BY FAILURE TO INSTALL FIRMWARE UPDATES OR RELEASES AVAILABLE FOR THE PRODUCT AND (G) BY SUCH OTHER SUPPLEMENTAL EXCLUSIONS PUBLISHED FROM TIME TO TIME ONLINE AT HTTPS://WWW.RAVEN.COM/WARRANTY.
PURCHASERS OF PRODUCTS FROM FOREIGN DISTRIBUTION CHANNELS MUST SEEK WARRANTY COVERAGE, IF ANY, THROUGH THE ORIGINAL SOURCE OF PURCHASE. RAVEN PROVIDES NO LIMITED WARRANTY FOR PRODUCTS THAT ARE PURCHASED AS PART OF A THIRD PARTY MANUFACTURER’S PRODUCT, COMPUTER SYSTEM OR OTHER ELECTRONIC DEVICE. ANY WARRANTY FOR THESE PRODUCTS IS PROVIDED BY THE OEM (ORIGINAL EQUIPMENT MANUFACTURER) AS PART OF THAT MANUFACTURER’S PRODUCT OR SYSTEM. THE REPLACEMENT PRODUCT ASSUMES THE REMAINDER OF THE LIMITED WARRANTY PERIOD APPLICABLE TO THE DEFECTIVE PRODUCT OR THIRTY (30) DAYS, WHICHEVER IS LONGER.
If any provision of this Limited Warranty is legally invalid, the warranty shall endure except for the invalid provision. This Limited Warranty constitutes the entire agreement between the parties with respect to the use of the Machine.
IN NO EVENT WILL MANUFACTURER BE LIABLE FOR ANY LOST REVENUE, PROFIT, DATA OR FOR SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OR INABILITY TO USE THE MACHINES EVEN IF MANUFACTURER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MANUFACTURER’S LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE PRICE PAID BY CUSTOMER.
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: https://www.raven.com/faq or contact: 1-833-467-2836
In order to properly service you, please be prepared to describe your issue and provide the Raven account email address, scanner model, serial number and proof of purchase.
For more Raven Scanner information, visit our website at: https://www.raven.com/
Certain Services offered by Raven may, in Raven's sole discretion, require a subscription and may be limited to U.S. residents only.
Certain Services offered by Raven may be used for remote (“cloud”) storage of your data. These storage Services are only applicable to designated folders and files that pertain directly to Raven Scanner and Raven Cloud and are not a substitute for a back-up and recovery solution. Raven shall not be responsible or liable for any data lost or any failure of any storage service. Any data stored through Raven Cloud storage services may be deleted 30 days following cancellation of your subscription or account, as applicable.
YOU EXPRESSLY AGREE THAT THE USE OF ANY SERVICES PROVIDED BY RAVEN IS AT YOUR SOLE RISK. ALL RAVEN SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR FREE OR THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING.
Substitution and Discontinuation
Raven may modify the specifications of products or the features of services at any time without notice and may substitute delivery of such products provided such modification does not, in Raven's sole judgment materially affect form, fit or function. Raven is not obligated to continue production of any product or continue offering any service.
Terms and Conditions Applicable to Raven Services
From time to time, Raven may offer services for you to purchase or try. You may be permitted to access such services in a variety of manners such as through a web portal, scanner or through a Raven partner. In order to use a service, you must: (i) be age 13 or older, (ii) agree to these Terms and Conditions of Sale, (iii) create an account by completing the registration process, and (iv) have a suitable connection to the Internet (which is not provided by us). As the service will continuously evolve over time, we reserve the right to modify these requirements at our sole discretion.
You hereby represent and warrant that all information that you submit during the registration process is true and accurate. You are responsible for maintaining the confidentiality of your account username and password. You agree to notify us immediately of any unauthorized use or theft of your account or any other breach of security (and to provide properly documented evidence as reasonably requested by us). As the account holder, you are responsible for any and all actions taken by any person that has attained access to your account. If you breach these Terms and Conditions of Sale, Raven may terminate your account or otherwise suspend or terminate your access to the service.
You are solely responsible for obtaining the equipment and telecommunication services necessary to access the services, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).
All right, title and interest, including all copyrights, in and to such items (including but not limited to any images, photographs, animations, video, audio, music, text, and functionality), any accompanying printed materials, and any copies of all or any portion of the source code contained in the services or client application, are owned by Raven. All rights not expressly granted to you are reserved by us.
You are encouraged to provide feedback to us regarding the service, including but not limited to usability, bug reports and test results (collectively “Feedback”). It is expressly agreed that all rights, title and interest, including all copyrights, to all Feedback is owned by us. You hereby assign and convey to us any rights and interests in any such Feedback you may have, create or provide during the term of this Agreement. To the extent that such assignment is held to be invalid or unenforceable, you hereby grant to us a perpetual, exclusive, transferable, royalty-free license to use any Feedback.
User Content on Raven Cloud
You may be permitted to upload content to the services in various forms (collectively, “User Content”). By providing any User Content, you agree that it will not: (i) infringe any copyright, trademark, patent, trade secret, or other proprietary right of any party; (ii) be profane, obscene, indecent or violate any law or regulation; (iii) defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (iv) incite discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes;(v) include your social security number, which you agree to redact from any User Content; (vi) contain any information the accidental disclosure or theft of which would cause you severe or irreparable harm or (vi) restrict or inhibit any other user from using the service. We have no obligation to monitor User Content related to the service. However, we reserve the right to review User Content and take any action we deem necessary as to such User Content, including but not limited to editing or removing your User Content and/or suspending or terminating your access to Raven based on your violation of the rules specified here.
You also agree to only access that User Content that is yours or that you have been authorized to access. You may not access any other user’s User Content. Some services provide features that allow you to share your User Content with others. Please consider carefully what you choose to share. If you share your User Content with others, Raven does not assume responsibility for any violations arising from your sharing of those documents. Raven is also not responsible if the users who access those shared documents fail to protect the confidentiality of your information.
Raven Use Restrictions
You may not institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the service or otherwise attempt to disrupt the service or any other person’s use of the service. Any such attempt is a violation of criminal and civil laws. In the event that you make or assist in such an attempt, we reserve the right to seek damages or criminal prosecution to the maximum extent permitted by law.
You may not attempt to gain unauthorized access to the services, others’ accounts whether through hacking, password mining, false key creation, or any other means.
You may not obtain or attempt to mine any information from the services through any means not intentionally made available by us through the Client Application. You may not reverse engineer, decompile or disassemble the services, including any proprietary communications protocol used by the services.
Only we may host Raven services. You may not establish an emulated service environment, regardless of the method used to do so. Such prohibited methods may include, but are not limited to, protocol emulation, reverse engineering, modifying the Client Application, adding components to the Client Application, or using any utility program to host the service in any manner.
Limitation of Liability
IN NO EVENT SHALL RAVEN BE LIABLE TO CUSTOMER, WHETHER AS A RESULT OF BREACH OF CONTRACT, AN EQUITABLE CLAIM, WARRANTY, TORT (INCLUDING NEGLIGENCE), FAILURE OF A REMEDY TO ACCOMPLISH ITS PURPOSE OR OTHERWISE, FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, LOSS OF USE OF THE PRODUCT OR SERVICE, LOSS OF DATA, DAMAGE TO ASSOCIATED EQUIPMENT, REWORK, RECALL COSTS, DOWNTIME OF PLANT OR EQUIPMENT, COST OF SUBSTITUTE EQUIPMENT OR PRODUCTS OR CLAIMS OF CUSTOMER’S CUSTOMERS FOR SUCH DAMAGES.
IN NO EVENT SHALL RAVEN BE LIABLE TO CUSTOMER, WHETHER AS A RESULT OF BREACH OF CONTRACT, AN EQUITABLE CLAIM, WARRANTY, TORT (INCLUDING NEGLIGENCE), FAILURE OF A REMEDY TO ACCOMPLISH ITS PURPOSE OR OTHERWISE, FOR AN AMOUNT IN EXCESS OF THE AGGREGATE MONIES ACTUALLY PAID TO RAVEN FOR THE PRODUCT OR SERVICE WHICH GIVES RISE TO THE CLAIM(S).
Customer’s use of products and services are at Customer’s own risk, and Customer shall defend, indemnify and hold Raven harmless from all liability and costs (including court costs and attorney’s fees) resulting from claims, demands, or actions brought against Raven by anyone (including without limitation any injuries or property damage) caused directly or indirectly by (i) Customer’s breach of the terms of these Terms and Conditions of Sale, or (ii) the actions or omissions of Customer with regard to Raven's products or services.
Raven's sale of any products is expressly conditioned upon Customer’s acceptance of these Terms and Conditions of Sale. Customer’s taking delivery of all, or any part, of a product shipment is evidence of such acceptance. Any and all of terms and conditions presented by Customer which are different from or in addition to those contained herein hereby rejected, and of no effect.
Customer may not, whether intentionally or unintentionally, violate any applicable local, state, national or international law or regulation in connection with your use of Raven, including, without limitation, making available any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
Raven shall be excused from performance, and have no liability from any such non-performance under these Terms and Conditions of Sale, where such non-performance is caused by an event beyond Raven's control, including but not limited to, acts of government, whether in sovereign or contractual capacity, war, civil disturbances, terrorism, material or manufacturing unavailability, labor difficulties or disputes, failure of or delay in delivery by Raven's suppliers or carriers, commercial impracticability (irrespective of foreseeability at time of contracting), shortages of energy, raw materials, labor, or equipment, inadequate yield of product despite Raven's reasonable efforts, accident, fire, flood, storm or other Acts of God.
Customer shall not assign these Terms and Conditions of Sale or any right or interest therein without the prior written consent of Raven. Any assignment in contravention of the foregoing shall be null and void.
These Terms and Conditions of Sale supersede all previous communications, transactions, and understandings, whether oral, or written, and constitute the sole and entire agreement between the parties pertaining to the subject matter hereof. No modification, deletion or waiver of, or addition to these terms shall be binding on Raven unless made in writing and signed by a duly authorized representative of Raven.
These Terms and Conditions of Sale are governed by the laws of the State of Texas, USA, without regard to its choice of law provisions and rules. The courts of general jurisdiction located within Houston, Harris County, Texas, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms and Conditions of Sale. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any sale hereunder. These Terms and Conditions of Sale shall be interpreted fairly in accordance with its terms and without any construction in favor of or against either party.
A ruling by any court that one or more of the provisions contained in these Terms and Conditions of Sale is invalid, illegal or unenforceable in any respect shall not affect any other provision of these Terms and Conditions of Sale so long as the material substance of the transactions contemplated herein is not affected in any manner adverse to any party.