Last revised: 2/1/2021
All pages within the Site and any material made available for download are the property of Company, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws. The contents of the Site, including, without limitation the files, information, documents, text, photographs, images, audio, video, and any other materials accessed through or made available for use or download through the Site (collectively, "Content") are owned by Company and may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Company. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of Rainmaker or Company without our express written consent.
Portions of the Site or services offered on the Site (such as the purchase of products or services offered on the Site) may require you to create a user account and/or user ID and/or password. In the event access to the Site or a portion thereof is limited or requires a user account and/or user ID and password ("Protected Areas"), you agree to access Protected Areas using only your user account and/or ID and password as provided to you by Rainmaker or Company. You represent that all information you submit in connection with the creation of a user account is true and correct and that you are authorized to submit such information. You agree to, from time to time as necessary, update any information associated with your user account or user ID (including, without limitation, your name, address, phone number, payment information and email address) so that it remains current, accurate and correct at all times. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user account and/or user ID.
We reserve the right to terminate or restrict your user account and/or user ID, or otherwise revoke your access to the Site or services or products provided by Company, at any time for any or no reason, at our sole discretion.
We reserve the right to deny use of, or access to, the Site and/or all or any portion of the Content to you for any or no reason. We have the right to suspend or terminate any user account and/or user ID at any time for any or no reason. You agree that we will not be liable to you or to any third party for, without limitation, any denial of use of the Site or the content or services offered by us, any change of costs for third party services or fees or otherwise or from suspension or termination of your user account and/or user ID.
Although Company attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Company so that it can be corrected. Content or other information contained on the Site may be changed or updated without notice. Additionally, Company shall have no responsibility or liability for information or Content posted to or found on the Site from any non-Company affiliated third party, including, without limitation, any user of the Site.
Rainmaker or Company may from time to time charge for certain or all of the services offered on the Site. Such charges may be one-time charges for services of a limited duration, or recurring charges for ongoing subscriptions for services. Company reserves the right to begin charging for any free services offered on the Site at any time. Any such payments are in addition to payments required pursuant to any Oustide Company Agreement.
If you subscribe to or place an order for any services or products offered on or by the Site which are not free (each, a "Paid Service"), you are responsible for the entire cost of such Paid Service. We reserve the right, at our sole discretion, to refuse or cancel any Paid Service at any time, for any or no reason, including, without limitation, for denial of payment, improper authorization or determination by Company that your use of a Paid Service is improper. Any Subscriptions you enter into and/or Subscription Products you subscribe for or otherwise purchase not governed by an Outside Cpmpany Agreement shall be entered into or purchased pursuant to the Company’s Terms of Sale and License Agreement (the “TOS Agreement”), and shall be subject to the TOS Agreement in all respects. You will enter into the TOS Agreement with the Company at the time you purchase a Subscription or Subscription Product. Your agreement to the TOS Agreement is a condition to your use of any Subscription or Subscription Product, and if you do not enter into the TOS Agreement with the Company with respect to a Subscription or Subscription Product, you are not entitled to use such Subscription or Subscription Product. You may be subject to other terms, conditions or agreements governing your use of and/or payment for a Paid Service including, without limitation, terms and conditions governing auto-billing by Company for any ongoing or recurring Paid Services. Company will notify you of any such other terms and conditions at the time you subscribe to or purchase such Paid Service.
You may be subject to other terms, conditions or agreements governing your use of and/or payment for a Paid Service including, without limitation, terms and conditions governing auto-billing by Company for any ongoing or recurring Paid Services. Company will notify you of any such other terms and conditions at the time you subscribe to or purchase such Paid Service.
In relation to any Paid Services, except as may be otherwise provided in any other terms, conditions or agreements governing you use of and/or payment for a Paid Service:
Company has the right to refuse or cancel any Paid Service at any time and for any reason, or to change the pricing of any Paid Service at any time and for any reason.
Company intends to accept most credit and debit cards issued by U.S. banks for payments related to Paid Services. We reserve the right to deny any form of payment in our sole discretion. If a credit or debit card is being used for a transaction, Company may obtain pre-approval for an amount up to the amount of the payment.
If you are making online payments of any kind for Paid Services, you represent and warrant that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information, debit card and debit card information and bank account and bank account information.
Tipping. The Company allows users to send tips through third party payment processors. We reserve the right to add or remove support for these third party payment processors at any time. Tips may be submitted by user and processed through various third party payment processing services ('Payment Providers'), and additional terms may apply to such payments. In addition to these Terms, you agree that the terms and conditions of such Payment Providers shall apply to the online payments and provision and/or receipt of Tips. We reserve the right, at any time and for any reason, at our sole discretion, to: (1) change our available Tip-payment methods and/or our Payment Providers; (2) eliminate the option to give and/or receive Tips; and (3) to limit the number and/or frequency of Tip-payment transactions permitted via the App and/or the Services.
By sending a tip to the recipient you agree This charge is non-refundable, non-profitable, and/or exchangeable and cannot be withdrawn or charged back. You acknowledge that you are not receiving any goods/services in return for this tip. You agree that the recipient of tips are not required to acknowledge or accept them and that you will not hold Company liable for any unclaimed or unacknowledged tips.
You acknowledge that the products and Content which are sold or licensed on the Site, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are used and/or received. By purchasing, downloading or using technology or software from the Site, you agree to abide by all applicable laws, rules and regulations – including, but not limited to, the Export Administration Act and the Arms Export Control Act (together with any and all rules and regulations promulgated thereunder, the "Export Laws") – and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of any applicable law. By purchasing any products, you agree that you will not use any products in violation of, or provide products to any person who is forbidden from receiving the product under, the Export Laws or any economic sanctions maintained by the U.S. Department of Treasury or other government agency, U.S. antiboycott regulations, or U.S. economic sanctions, including the export and anti-boycott restrictions found in the Export Laws or the sanctions regulations administered by the U.S. Office of Foreign Assets Control. You shall indemnify and hold harmless Company from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision, the Export Laws and/or other applicable export control, anti-boycott, or economic sanctions laws and regulations.
If you are located outside of the United States, you consent to the transfer, storage, and processing of your information, including but not limited to your User Generated Content (as defined herein), to and in the United States and/or other countries; and (2) if you are using the Site from a country embargoed by the United States, or are on the United States Treasury Department's list of "Specially Designated Nationals," you agree that you will not engage in financial transactions, or conduct any commercial activities using or through the Site.
The Site may include links or allow access to third party websites. Company makes no representations whatsoever about any other website that you may access through the Site (each, a "Third Party Site"). When you access a Third Party Site, please understand that it is independent from Company, and that Company has no control over the content on such Third Party Site ("Third Party Content"). In addition, a link to a Third Party Site does not mean that Company endorses or accepts any responsibility for the Third Party Content on the Third Party Site or the use of the Third Party Content or the Third Party Site.
If you aggregate, gather, collect, accumulate, submit, stream, broadcast, upload, email, transmit, post or otherwise make available any information, data, comments, ideas, suggestions, files, logos, written posts, replies, comments, text or other materials to us or our Site ("Rainmaker User Generated Content"), you agree not to provide any Rainmaker User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component.
You represent and warrant to Company that you have the legal right and authorization to provide all User Generated Content to Company (or to any Third Party, as applicable) for the purposes and Company’s use as set forth herein. Company does not claim ownership of your User Generated Content. However, Company shall have a worldwide, royalty-free, irrevocable, sublicensable, transferable right and license to use the User Generated Content however Company desires, including, without limitation, to use the User Generated Content to promote Rainmaker or Company, the Site and Company’s services, and to reproduce, display, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Generated Content and/or incorporate such User Generated Content into any form, medium or technology throughout the world. You understand that the technical processing and transmission of data associated with the Site, including your User Generated Content, may require (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Company is and shall be under no obligation (1) to maintain any User Generated Content in confidence; (2) to pay to you any compensation for any User Generated Content; or (3) to respond to any User Generated Content.
Company does not regularly review posted User Generated Content, but does reserve the right (but is under no obligation) to monitor and edit or remove any User Generated Content submitted to the Site. Company does not endorse any User Generated Content, or any opinion, belief, recommendation or belief expressed therein. You grant Company the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make, use, post and/or share. Company and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.
You agree to defend, indemnify and hold Company harmless from and against all claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Company arising out of any User Generated Content that you post or allow to be posted to the Site, or if the User Generated Content is Third Party User Generated Content, that you post or allow to be posted to any Third Party Site. Additionally, Company has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Generated Content and other communications maintained by the Site.
You understand that the Site may allow you to contact other users of the Site through the Site. Except as permitted through the Site, you agree not to contact other users of the Site through unsolicited e-mail, telephone calls, mailings or any other method of communication. You acknowledge that any and all contact (a) initiated by you and directed to other users of the Site; and/or (b) initiated by other users of the Site and directed to you is at your own risk.
Your dealings with advertisers and other third parties who market, sell, buy, or offer to sell or buy any goods or services on the Site, including payment for or delivery of such goods or services and any other terms, conditions, warranties, or representations associated with such dealings are solely between you and the advertiser or other third party. You agree that Company shall not be liable for any loss or damage of any kind incurred as a result of any such dealings.
We disclaim any responsibility or liability for copyrighted materials posted on the Site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below. Company respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to Company’s Designated Copyright Agent, identified below. Notices of Alleged Infringement for Content Made Available on the Site If you believe any content or material herein infringes your copyright, you must give Infiniscene notice under the Digital Millennium Copyright Act (17 U.S.C. 512, the "DMCA"), by following our DMCA Notification Procedure.
COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE- RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF the SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. COMPANY DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY COMPANY ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.
COMPANY IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF COMPANY TO YOU WITH RESPECT TO YOUR USE OF THE SITE IS $500 (FIVE HUNDRED DOLLARS).
COMPANY IS NOT RESPONSIBLE FOR ANY USER’S VIOLATION OF ANY LAWS, RULES OR REGULATIONS.
If there is a dispute between users of the Site, or between users and any third party, you agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Company, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or Company or the Site (each, a "Third Party Dispute"). You agree to defend, indemnify and hold Company harmless from and against all claims, damages and expenses (including reasonable attorney’s fees) against or incurred by Company arising out of any Third Party Dispute.
We will try work in good faith to resolve any issue you have with Site if you bring such issue to us in a timely fashion. However, there may be cases where we may not be able to resolve an issue to your satisfaction.
YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Company reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without cause, and with or without notice.
If you have any questions, please contact Company via email [email@example.com], or contact us by US postal mail at the following address: