Last Updated: February 7, 2022
This TOU sets forth the terms and conditions under which RAIINMAKER provides you access to the Sites and the Service.
1. RAIINMAKER Membership Accounts.
a). RAIINMAKER provides members with the opportunity to participate in marketing campaigns. Participation in any marketing campaigns is voluntary. By agreeing to become a member, you agree to receive invitations to participate in marketing campaigns. You may unsubscribe from your membership at any time.
b). In order to access some features of the Sites, you will have to create a RAIINMAKER account – only 1 account per person. You may never use another person’s RAIINMAKER account without permission. When creating your account you must provide accurate and complete information. You must keep your account password confidential and secure because you are solely responsible for the activity that occurs on your RAIINMAKER account. You must notify RAIINMAKER immediately if you become aware of any breach of security or unauthorized use of your account.
c). You are solely responsible for any Internet connection and telecommunication fees or charges that you may incur when accessing the Service.
d). The Service and any marketing and other content viewed through our Service are for your personal and non-commercial use only and may not be shared with other non-members. During your membership, we grant you a limited, non exclusive, non-transferable right to access the Service and view the content through the Service. Except for the foregoing, no right, title or interest is transferred to you.
e). RAIINMAKER “Coiin Reward Points” are a part of the in-app ledger system that is used in the Services and have no “real-world” monetary value. Coiin Reward Points are not your property. You cannot transfer points to any other person or membership account. Additionally, as such points are not your property they cannot be transferred by operation of law, such as by inheritance, in bankruptcy or in connection with a divorce.
f). Raiinmaker members earn Coiin reward points that are distributed upon the end of a marketing campaign. The amount is based upon a member’s influence score in relation to the influence score of all participating members, against the total amount of Coiin reward points staked to the enrolled marketing campaign.
The user influence score earns a point for every digital value interaction tracked for the life span of an eligible campaign, depending on the weighted earn rate determined by the enrolled marketing campaign.
In order to participate in a Campaign, you agree to follow the FTC Guidelines for Influencers.
g). Members who participant in marketing campaigns will be eligible to earn additional reward points provisioned by the specific marketing campaign which will be based on the Member’s influence score.
h). A member cannot remove or transfer Coiin from their account. Additionally: (a) as discussed further below, the Company may remove Coiin from a member’s account in connection with the termination or suspension of their access to the Services, and (b) Coiin may be transferred by the Company from a member’s account to another account for the member in connection with a account migration, where permitted by the Company, in its sole discretion. If not withdrawn, Coiin will “expire” and be removed from a member’s account after 2 years from the last earning or withdrawal activity within an account. Additionally, upon termination of a member’s account, any and all Coiin associated with a member’s account will be automatically and irrevocably removed and deleted.
i). Marketing Campaign Updates: Raiinmaker may modify, alter, delete or add new terms and conditions for marketing campaigns, the reward program or the
Services at any time without notice. For Raiinmaker this includes, but is not limited to, modifying, altering, adding or deleting redemption levels, conversion ratios, conditions for status, conditions for membership and conditions for earning incentives or rewards, at any time without notice. In addition, Raiinmaker may terminate or cease offering any incentive or reward in connection with Raiinmaker’s rewards program, at any time without notice.
j). How to Redeem Rewards: You can redeem Rewards through a manual request via your Raiinmaker account. You can manually redeem your Rewards in the following ways and in connection with the following reward types, on a one time basis, as follows:
(1) per marketing campaign or (2) Coiin can be redeemed as a reward point for a digital Gift Card from the Raiinmaker store, or (3) Coiin can be redeemed for a token on the Ethereum network (or any future blockchain networks Raiinmaker provides), or (4) the redemption of a non-Coiin token (e.g. fungible or NFT) via any blockchain networks that the Rainmaker platform integrates with now or in the future.
You also must pay any service fees or required taxes and fees that Raiinmaker must collect. The amount you pay for associated taxes and fees may be different than the actual payment Raiinmaker receives. The amount you are charged is a fee for services and covers the costs of your redemption. The charge for taxes and fees varies based on a number of factors, including but not limited to, 1) how much payment Raiinmaker receives, and 2) the network fees for the corresponding Blockchain network for the transaction. Raiinmaker may charge a fee for initial KYC/AML checks to be deducted from the Rewards as a fee. Fees also may include a profit for Raiinmaker. See Section 14 below for further information on your possible Redemption taxes
2. TOU Updates. RAIINMAKER will revise this TOU as the Sites and/or Service evolves. You must agree to all revisions if you choose to continue using the Sites and/or Service. By using the Sites and/or Service, you agree to the then-current version of this TOU as posted on the Sites. If at any point you do not agree to any portion of the then-current version of this TOU, you must immediately stop using the Sites and/or Service.
4. Eligibility. You represent that you are 18 years old or older and have the legal capacity to enter a contract in the jurisdiction where you reside.
Unsolicited Idea Submissions.
5. Unsolicited Ideas. RAIINMAKER values your feedback on its Services, Sites and products, but please do NOT submit any unsolicited creative ideas,
suggestions or materials to us. Neither RAIINMAKER nor any of its employees and/or subcontractors accept or consider unsolicited ideas, original creative artwork or other works, including, without limitation, ideas or suggestions for new or improved business concepts or technologies, product enhancements, improvements to existing programs, marketing plans or names for new content (collectively “Unsolicited Ideas“). Please do not send your Unsolicited Ideas to RAIINMAKER or its employees and/or subcontractors. This policy is aimed at avoiding potential misunderstandings or disputes when RAIINMAKER products, Sites or Services might seem the same or similar to Unsolicited Ideas that were submitted.
6. Rights to Unsolicited Ideas. If you do submit your Unsolicited Ideas to RAIINMAKER, or to any of its employees and/or subcontractors, then you hereby acknowledge and agree that, from the time of uploading, transmission or dispatch, you grant RAIINMAKER and its designees a worldwide, perpetual, irrevocable, sublicensable, transferable, assignable, and royalty-free right to use, reproduce, distribute, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import your Unsolicited Ideas, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights, so-called “moral rights” and all other intellectual and proprietary rights related thereto, in any media now known or hereafter created, devised or developed, for any purpose whatsoever, commercial or otherwise, including, without limitation, giving the Unsolicited Ideas to others, without any compensation or attribution to you. You also waive any claim that any use by RAIINMAKER and/or its licensees of your Unsolicited Ideas violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or any other rights, and/or rights to credit for the material or ideas set for therein.
Restrictions and Conditions of Use.
8. Use of Sites and Service. RAIINMAKER authorizes you to view and use the Sites solely for your personal, non-commercial use. This authorization is not a transfer of title in the Sites, any information or any copies of any information, or to any text, graphics, logos, images, data compilations, software or other materials on or related to the Sites (“Materials”), and is subject to the following restrictions: (a) you may not remove or modify any copyright, trademark, logo or any other proprietary notices affixed to any information and/or Materials; (b) you may not modify any information and/or Material in any way, or reproduce or publicly display, distribute or otherwise use the information and/or Material for any public or commercial purpose. You agree not to license, create derivative works from, transfer, sell or re-sell any information, Material or Services obtained from the Sites. You agree to abide by all additional restrictions displayed on the Sites, as updated from time to time.
9. No Violation of Laws. You agree that you will not, in connection with your use of the Sites or the Service, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through the Sites and/or Service any material or information that infringes any copyright, trademark, patent, trade secret, or any other right of any party (including rights of privacy or publicity).
10. Misuse of Sites and/or Service. You may not connect to or use the Sites and/or Service in any way not expressly permitted by this TOU. Without limiting the foregoing, you agree that you will not: (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Sites and/or Service or otherwise attempt to disrupt the Sites and/or Service or any other person’s use of the Sites and/or Service; or (b) attempt to gain unauthorized access to the Sites, Service, accounts registered to other members, or the computer systems or networks connected to the Sites and/or Service. Furthermore, you may not use the Sites or Service to develop, generate, transmit or store information that: (i) is defamatory, harmful, abusive, obscene or hateful; (ii) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Sites and/or Service; (iii) performs any unsolicited commercial communication not permitted by applicable law; (iv) constitutes harassment or a violation of privacy or threatens other people or groups of people; (v) is harmful to children in any manner; (vi) violates any applicable law, regulation or ordinance; (vii) makes any false, misleading or deceptive statement or representation regarding RAIINMAKER and/or the Service; (viii) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person’s identity (whether a real identity or online nickname or alias); or (ix) generates artificial, automated or fraudulent views of pages or videos or ‘clicks’ on advertisements or offers.
11. No Commercial Uses. You agree that you will not use the Sites or the Service for any commercial purpose or the benefit of any third party or charge any person, or receive any compensation for, the use of the Sites or Service.
12. No Data Mining or Harmful Code. You agree that you will not: (a) obtain or attempt to obtain any information from the Service, including without limitation email information of other account holders; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Service, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions, malware or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble the Sites or the Service. Raiinmaker expressly prohibits the scraping of email addresses from this Site.
13. Mobile Devices. The Sites and Service contains services and features that maybe available to or through certain mobile devices. Your carrier’s normal rates and fees apply. We do not guarantee that any or all Services will work with or be accessible through all carriers or devices.
14. Sales Tax Collection. In states where we have no physical presence, we are not required to collect and remit sales tax for purchases unless required by such states. However, if a state does not require this, it may still require that their residents file a sales or use tax return for Rewards Redeemed on the Site. You should consult your state and local tax laws to determine compliance with tax laws and regulations in your area. For those states that do require it, we collect and remit sales tax.
In the United States, Raiinmaker has an obligation to: (i) provide a W-9 tax form to individuals who receive payments (whether via the redemption of points or dollars or other means) of $600 or more in a tax year and (ii) file a 1099-Misc form with the United States Internal Revenue Service (“IRS”) for such payments. In addition, Raiinmaker will provide you with a completed 1099-Misc form for your tax compliance purposes. As a result, please see the following:
(1) If you have received payments of $599 during a tax year, your account will be suspended (i.e., you will not be able to receive further payments and will not be able to complete or participate in marketing campaigns) for the remainder of the applicable tax year unless and until you provide Raiinmaker with a completed and verified W-9 form.
(2) If you have received payments of $600 or more during a tax year, your account will be suspended indefinitely (i.e., you will not be able to receive further payments and will not be able to complete or participate in marketing campaigns) unless and until you provide Raiinmaker with a completed and verified W-9 form. In this case, your account will not be reinstated at the beginning of the next tax year, unless or until you provide Raiinmaker with a completed and verified W-9 form.
As a result of any error, we may over collect or under collect your tax. In consideration of our allowing you access to and use of the Sites, and in collecting and remitting taxes required on your redeemed Reward points, you hereby waive your right to claim that the tax collected on any such redeemed points is incorrect in any respect and agree to hold us harmless, our officers, directors, employees, agents and representatives, for any harm or other damages you may incur as a result of our error in calculating the taxes you owe for your redeemed Reward points.
We may from time to time provide certain promotional opportunities, sweepstakes and/or contests to Site users and members, and such promotions, sweepstakes and/or contests maybe subject to additional official rules which would be provided at that time. All such promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification. Our liability, and the liability of any of our partners pursuant to such promotional opportunities, sweepstakes and contests shall be limited pursuant to the limitations of liability set forth in these Terms.
16. Third Party Links from the Sites. The Sites may contain links to Sites, Apps and content platforms operated by other parties (for example: Google, Instagram, Amazon, Apple, Facebook, Twitter, etc.). RAIINMAKER provides these links to other sites, Apps and content platforms as a convenience, and use of these sites and content platforms is at your own risk. The linked sites, Apps and content platforms are not under the control of RAIINMAKER, and RAIINMAKER is not responsible for the content available on the other sites, Apps and content
platforms. Such links do not imply RAIINMAKER’s endorsement of information or material on any other Sites, App or content platform and RAIINMAKER disclaims all liability with regard to your access to and use of such linked sites, Apps and content platforms. Products and/or services offered on or in association with the third party linked sites and Apps are provided through independent third-party vendors, and you agree to look solely to such third-party vendors, and not RAIINMAKER, for any issues related to such products and/or services.
17. Links to the Sites. Unless otherwise set forth in a written agreement between you and RAIINMAKER, you must adhere to RAIINMAKER’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with RAIINMAKER’s and/or its licensors’ names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that you or your organization or entity is sponsored by, affiliated with, or associated with RAIINMAKER, (iii) when selected by a user, the link must display the Sites on full-screen and not within a “frame” on the linking Sites, and (iv) RAIINMAKER reserves the right to revoke its consent to the link at any time and in its sole discretion.
18. Social Networks. The Service may include features that operate in conjunction with certain third-party social networking sites or Apps that you visit, including the use of such features to log into your account on the Sites (“Social Network Features”). While your use of the Social Network Features is governed by this TOU, your access and use of third-party social networking sites and the services provided through those sites is governed by the terms of service and other agreements posted on those third-party sites. It is impossible for RAIINMAKER to determine in each case whether your use of the Social Network Features would cause you to violate or breach the terms of service and/or other agreements posted on those third-party sites. You understand and acknowledge that your actions in association with your use of the Social Network Features may possibly cause you to violate or breach the terms of service and other agreements posted on those third-party sites which could result in the termination of your account and ability to access those third-party sites and, in some cases, could give rise to the possibility of liability for damages. You agree that you alone are responsible for your use of any Social Network Features and that RAIINMAKER will not be liable to you or anyone else for your violation or breach of any terms of service or other agreement of any third-party sites, App or service that may result from your use of such Social Network Features.
19. Trademarks. “Coiin” and the “Raiinmaker” logos and the “Proof of Influence” marks are the trademarks and/or service marks of RAIINMAKER. Unauthorized use of any RAIINMAKER trademark, service mark or logo would be a violation of international and U.S. Federal and State trademark laws.
20. Copyright. The Sites and Service and the content made available through the Sites and the Service are protected by U.S. and international copyright laws. Except as authorized in this TOU, you may not use, modify, reproduce or distribute any of the content, or the design or layout of the Sites or Service, or individual sections of the content, design or layout of the Sites without RAIINMAKER’s express prior written permission.
21. DMCA Copyright Claim and Agent. Note: the following information is provided exclusively for notifying RAIINMAKER that your copyrighted material may have been infringed. All other inquiries, such as requests for technical assistance, reports of social media or email abuse or piracy reports, will not receive a response through this process. RAIINMAKER respects the intellectual property rights of others and requires that visitors and members who use the Sites and the Service do the same.
A. Copyright Infringement Claim: If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the RAIINMAKER Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
• Your address, telephone number, and email address;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the alleged infringing material is located;
• A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Copyright Agent: Legal Department
30 N. Gould St., Sheridan, Wyoming 82801 USA
Inquiries not compliant with the procedure outlined above may not receive a response. RAIINMAKER may, in appropriate circumstances, terminate an account holder or subscriber to a Site or Service if he or she is a repeat infringer. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact RAIINMAKER’s DMCA Copyright Agent and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.
B. Counter-Notice. If you believe that your user Posting (as defined below) that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your Posting, you may send a counter-notice containing the following information to the RAIINMAKER Copyright Agent:
To be effective, a Counter Notification must be a written communication provided to RAIINMAKER’s designated Copyright Agent that includes substantially the following:
1. A physical or electronic signature of the RAIINMAKER account holder;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
4. The Subscriber’s name, address, email and telephone number, and a statement that the Subscriber consents to the to the exclusive jurisdiction of the state and federal courts located within Los Angeles, California and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:
1. RAIINMAKER will without undue delay provide you, the complaining party, with a copy of the Counter Notification;
2. RAIINMAKER will inform you that it will replace the removed material or cease disabling access to it within approximately 10 to 14 business days;
3. RAIINMAKER will replace the removed material or cease disabling access to the material within approximately 10 to 14 business days following receipt of the Counter Notification, provided RAIINMAKER’s designated Copyright Agent has not received notice from you that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on RAIINMAKER’s network or system.
22. USA Location, Governance, US Export Laws. The Sites and the Service are owned and operated by RAIINMAKER in the United States and governed by the state and federal laws of the United States. The Sites are therefore intended for access only from, and use by residents of, the United States. If you are a resident of, or access the Sites from, a jurisdiction outside the United States, the laws of your jurisdiction may be more or less strict than the laws that apply to these Sites and you therefore do so at your own risk and are responsible for compliance with all applicable laws of such jurisdiction. We make no representation that the Sites or Sites’ content is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. You may not use or export any of the Sites content in violation of United States export laws and regulations. Those who choose to access the Sites, and/or the Service from locations outside the United States do so on their own initiative and are solely responsible for compliance with applicable local laws.
23. User Postings on the Sites. The Sites may provide users with the ability to post feedback, Fan-Art, messages or testimonials on the Sites. RAIINMAKER is under no obligation to review any messages; information or content (“Postings”) posted on the Sites by users and assumes no responsibility or liability relating to any Postings. Notwithstanding the above, RAIINMAKER may from time to time monitor the Postings on the Sites and may remove any Postings at its sole discretion. You grant other users of the Sites permission to access, use, record, reproduce, distribute, publicly display, publicly perform, and prepare derivative works of your Postings in any medium (whether now known or later developed). We do not guarantee any confidentiality with respect to any Postings that you may submit, upload, post or otherwise provide to the Sites, and it is your responsibility to protect any rights that you may have in your Postings.
24. Submitted Content. RAIINMAKER does not claim ownership of any materials of the Postings you make available through the Sites. At RAIINMAKER’s sole discretion, such materials in the Postings may be included in the Service in whole or in part or in a modified form. With respect to such materials in the Postings you submit or make available for inclusion on the Sites, you grant RAIINMAKER a perpetual, irrevocable, non-terminable, worldwide, royalty-free, fully paid-up and non-exclusive license to use, copy, distribute, publicly perform, display, modify, create derivative works, and sublicense such materials in the Postings or any part of such materials and Postings. You hereby represent and warrant: that any materials or Postings you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified above in this Section entitled “Submitted Content”. You also grant us the right, but not the obligation, to use your name, likeness, and identity in connection with your materials and Postings. You voluntarily waive all so-called “moral rights” or similar rights you may have in your materials and Postings.
23. Children. The Sites and the Service are not directed toward children under 13 years of age nor does RAIINMAKER knowingly collect information from children under 13 or allow them to create an account or access account features. The Children’s Online Privacy Protection Act (COPPA) of 1998 provides safeguards to protect children who use the Internet by regulating the online collection of personal information from children under the age of 13. To ensure compliance with this law, RAIINMAKER does not knowingly collect or maintain information provided by children under the age of 13 unless expressly authorized by a parent or legal guardian. RAIINMAKER does not sell products, services or other activities by or for purchase by children, and we ask that minors (under the age of 13) do not submit any personal information to us. If we learn that we have inadvertently collected personal information from a child, we will make all reasonable efforts to delete that data from our records.
24. Disclaimer of Warranties.
The Sites and Service are provided on an “AS IS” and “AS AVAILABLE” basis for your use, without warranties 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. RAIINMAKER makes no warranty as to the accuracy, completeness or reliability of any content available through, or the performance of, the Sites or the Service. You are responsible for verifying any information before relying on it. Use of the Sites and/or the Service is at your sole risk. RAIINMAKER does not warrant that you will be able to access or use the Sites and/or Service at the times or locations of your choosing; that the Sites or the Service will be uninterrupted or error-free; that defects will be corrected; or that the Sites or the Service are free of viruses or other harmful components.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
25. Limitation of Liability; Sole and Exclusive Remedy.
To the maximum extent permitted by law, RAIINMAKER, its affiliates, licensors and business partners or any of their shareholders, directors, officers, employees or licensors (collectively, the “Related Parties”) disclaim all liability (jointly or severally), whether based in contract, tort (including negligence), strict liability or otherwise, and further disclaims all losses, including without limitation direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Sites and/or Service, even if RAIINMAKER and/or Related Parties have been advised of the possibility of such damages. Without limiting the foregoing, in no case will the liability of RAIINMAKER or any of the Related Parties exceed the amount that you paid to us or our designees during the 6 months prior to the time the cause of action giving rise to liability arose or $100, whichever amount is less.
RAIINMAKER will not be responsible or liable, under any circumstances, for any loss, liability, expenses or damages incurred in connection with the Site and/or the Service to the extent caused by or resulting from: (a) your acts, defaults or omissions (your misplacing, misusing or forgetting your membership email account address and/or password(s)) in connection with any Reward Redemption or otherwise; (b) your violation of any of any term, condition, representation or warranty contained in this TOU; or (c) acts or omissions of third parties, including third parties contracted by RAIINMAKER.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of RAIINMAKER and its affiliates shall be limited to the fullest extent permitted by law.
27. Governing Law; Jurisdiction. This TOU is governed by, and will be construed under, the laws of the United States of America and the law of the State of Wyoming, without regard to conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Except as expressly provided below (and claims proceeding in any small claims court), all disputes arising out of or related to your use of the Sites and/or the Service shall be subject to binding arbitration as provided in paragraph 28. To the extent any matter is excluded from arbitration as set forth below, all such disputes, shall be subject to the exclusive jurisdiction of the state and federal courts located within Cheyenne, Wyoming, and you agree to submit to the personal jurisdiction and venue of such courts. You and RAIINMAKER agree that any cause of action arising out of or related to the Sites or Services must commence within 1 year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
28. Binding Arbitration.
28.2 If you elect to seek arbitration or file a small claim court action, you must first send to Raiinmaker, by certified mail, a written Notice of your claim (“Notice”). The Notice to Raiinmaker must be addressed to: Legal Department, Coiin LLC, Inc., 30 N. Gould St. Sheridan, Wyoming 82801 (“Notice Address”). If Raiinmaker initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Raiinmaker, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Raiinmaker and you do not reach an agreement to resolve the claim within 30 days after the Notice is
received, you or Raiinmaker may commence an arbitration proceeding or file a claim in small claims court.
You may download or copy a form Notice and a form to initiate arbitration at www.adr.org.
28.3 If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based.
28.4 You and Raiinmaker 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. Further, unless both you and Raiinmaker agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
By agreeing to this arbitration provision, you understand that you and RAIINMAKER waive the right to sue in court and have a jury trial.
29. TOU Revisions. This TOU may only be revised in a writing signed by RAIINMAKER, or published by RAIINMAKER on the Sites.
30. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and RAIINMAKER as a result of this TOU or your use of the Service.
31. Assignment. RAIINMAKER may assign this TOU, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the TOU without RAIINMAKER’s prior written consent, and any unauthorized assignment by you will be null and void.
32. Severability. If any part of this TOU is determined to be invalid or unenforceable, then that portion will be severed, and the remainder of the TOU will be given full force and effect.
33. Attorneys’ Fees. In the event any litigation or arbitration is brought by either party in connection with this TOU, the prevailing party will be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
34. No Waiver. Our failure to enforce any provision of this TOU will in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this TOU will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
35. Notices. All notices given by you or required under this TOU will be in writing and addressed to: Coiin, LLC, 30 N. Gould St., Sheridan, Wyoming 82801 USA
ATTN: Legal Department. Email: email@example.com
36. Equitable Remedies. You hereby agree that RAIINMAKER would be irreparably damaged if the terms of this TOU were not specifically enforced, and therefore you agree that we will be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this TOU, in addition to such other remedies as we may otherwise have available to us under applicable laws.
37. Terms Applicable for Apple ios
If you are accessing or using one of our Apps through a device manufactured and/or sold by Apple, Inc. (“Apple”), such a device will be referenced as an “Apple Device”:
1. To the extent that you are accessing the App through an Apple Device, you acknowledge that this TOU is entered into between you and RAIINMAKER and, that Apple is not a party to these Terms other than as third-party beneficiary as set forth below.
2. The use of the Sites and Service granted to you in this TOU is subject to the permitted Usage Rules set forth in the Apple App Store Terms and Conditions (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to the App.
3. You acknowledge that RAIINMAKER, and not Apple, is responsible for providing the App and content thereof.
4. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the App. 5. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
6. Notwithstanding anything to the contrary herein, and subject to the terms in this TOU, you acknowledge that, solely as between Apple and RAIINMAKER, RAIINMAKER and not Apple is responsible for addressing any claims you may have relating to the App, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
7. Further, you agree that if the App, or your possession and use of the App, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
7. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
8. When using the App, you agree to comply with any and all third-party terms that are applicable to any platform, sites, technology or service that interacts with the App.
38. Entire Agreement. This TOU, including documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Sites and/or Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Sites and/or Service.