Terms of Service
Please read these Terms of Service (“Terms”) carefully. The provision of information and services on raekdata.com (the “Site”) operated by RAEK; ("RaekData", "RAEK", "We", "Us" or "Our"), is conditioned upon your acceptance of and compliance with these Terms. These Terms constitute an agreement between RAEK; and you governing your use of the Site (including both mobile and online versions), as well as the email validation services that we make available through the Site and all associated features, applications, and Content (as defined below) (collectively, the “Services”). THESE TERMS ALSO CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES USE OF ARBITRATION RATHER THAN JURY TRIALS OR CLASS ACTIONS.
These Terms will change over time, in which case we will post the modified Terms on the Site. We may, in our sole discretion, notify you by email or with an announcement posted on the Site if the Terms are altered in a way that materially affects your rights. Please check these Terms frequently as Your continued use of the Services following a change to these Terms signals your acceptance of the modification(s).
Digital Services License
Subject to and conditioned upon your strict compliance with all terms and conditions set forth in this Agreement, We hereby grant to you a non-exclusive, non-transferable, non-sublicensable, limited license during the Term to use, solely by and through its Authorized Users, the RAEK code and user interface affiliated with www.raekdata.com (“Software”), solely as set forth in this Section and subject to all conditions and limitations set forth in this Agreement. This license grants you the right, exercisable solely by and through your Authorized Users, to use and run the Software as properly installed in accordance with this Agreement. THERE ARE NO REFUNDS OR RETURNS unless expressly stated otherwise. All prices are generally displayed in United States Dollars.
The Software may include software, content, data, or other materials that are owned by Persons other than us and that are provided to you on terms that are in addition to and/or different from those contained in this Agreement ("Third-Party Licenses"). You are bound by and will comply with all Third-Party Licenses. Any breach by you or any of your Authorized Users of any Third-Party License is also a breach of this Agreement
When you create an account with us, you represent that you are at least 18 years old, and that the information you provide to us in connection with your account is accurate, complete, and current at all times. Providing inaccurate, incomplete, or obsolete information may result in the immediate termination of your account.
You agree that you are responsible for, and agree to abide by, all laws, rules and regulations applicable to your use of the Services, your use of any tool, product or service offered on the Site, and any transaction you enter into through the Site or in connection with the Site.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or with your password, whether your password is with our Services or a third-party service. You must notify us immediately [email protected] of any unauthorized use of your account, password, or username, or any other breach of security, but you will remain responsible for any unauthorized use of your account. You will not sell, transfer, or assign your account or any account rights.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
By creating an account on our Site and selecting to receive marketing and/or promotional materials from us, you are opting in to receive newsletters, marketing or promotional materials, and other information we may send to you via email from time to time. You may opt out of receiving promotional communications from us by following the unsubscribe link or instructions provided in any email we send.
Your License of Data
As between You and RAEK, You retain any intellectual property rights you may have in your content. By using our services, are granting us a worldwide, non-exclusive, royalty-free license to:
- host, reproduce, distribute, publish, and use your content publish
- modify and create derivative works
- sublicense these rights to others and third parties
This license is for the purpose of operating and improving the Services, using the content you’ve shared to promote the Services, and generally operate the Services under our business model. The license lasts for as long as your content remains available for access using our Services and unless you otherwise request its removal.
We reserve the right to refuse or cancel any order at any time for reasons including, but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, suspected fraud or unauthorized, illegal transaction, or failure to comply with the terms and conditions of the third-party service provider.
By using the Site and the Services, you agree that you will not:
- Decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms associated with the Services by any means whatsoever and/or for any purpose whatsoever;
- Appropriate, modify, reproduce, or disseminate any source or object code or any software or other products, tools, or processes associated with or accessible through the Services;
- Use the Services to verify email addresses that you have obtained unlawfully or that you are not authorized to possess or process;
- Engage in any activities through or in connection with the Services that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to RAEK (including, without limitation, for purposes of sending unsolicited advertising or distributing email messages in violation of applicable laws or regulations);
- Engage in any activity that interferes with access to the Services or the proper operation of the Services, or otherwise may cause harm to the Services, RAEK, or other Users;
- Harvest or otherwise collect or store any information through the Site (including email addresses or other personal data);
- Attempt to gain unauthorized access to the Services, other computer systems or networks connected to the Services; or
- Otherwise violate these Terms or any applicable additional terms
Availability, Errors and Inaccuracies
ALTHOUGH WE ATTEMPT TO KEEP INFORMATION ON THE SITE CURRENT, CONTENT ON THE SITE SHOULD NOT BE CONSIDERED TO BE ERROR-FREE OR A COMPREHENSIVE SOURCE OF ALL INFORMATION. WE ARE CONSTANTLY UPDATING OUR PRODUCT AND SERVICE OFFERINGS AND MAY EXPERIENCE DELAYS IN UPDATING INFORMATION REGARDING THE SERVICES. RAEK MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF THE CONTENT OF THE SITE, AND ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED UPON THE INFORMATION ON THIS SITE. PRODUCTS OR SERVICES MAY BE MISPRICED, DESCRIBED INACCURATELY, OR UNAVAILABLE, AND WE CANNOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION FOUND ON THE SITE. YOUR USE OF THE SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THESE TERMS AND CONDITIONS AND ON THE SITE. FURTHER, WE RESERVE THE RIGHT TO CHANGE OR UPDATE INFORMATION AND TO CORRECT ERRORS, INACCURACIES, OR OMISSIONS AT ANY TIME WITHOUT PRIOR NOTICE.
Contests, Sweepstakes and Promotions
We take no responsibility and assume no liability for the data you collect and/or use. However, by collecting data using the Services you grant us the right and license to use, modify, and reproduce, such data on and through the Services. RAEK has the right but not the obligation to monitor and edit all data provided by users.
All content of our website and services is the copyrighted material of RAEK, or the appropriate contributor, as applicable, and is protected by the United Statesby United States and international copyright, trademark and other applicable laws. The website and service include content, appearances and design, as well as trademarks, product names, graphics, logos, slogans, colors and designs that are the property of RAEK, or other third parties, as applicable. Except as set forth in the relevant license agreements, nothing contained in our website or services grants any license or other right to any RAEK intellectual property or any third-party’s intellectual property. The appropriate party reserves complete title and interest to its intellectual property on or associated with the website and/or services. You may not copy (other than a copy for personal use, provided you do not remove any trademark, copyright or any other notice contained in the content), modify, distribute, alter, display, reproduce, transfer or republish any of the data of our website and/or services without obtaining the written permission of the website and/or services, as applicable.
You acknowledge and agree that the Software are provided under license, and not sold, to you. You do not acquire any ownership interest in the Software, or any other rights thereto, other than to use the same in accordance with the license granted and subject to all terms, conditions, and restrictions under this Agreement. We reserve and will retain their entire right, title, and interest in and to the Software and all Intellectual Property Rights arising out of or relating to the Software, except as expressly granted to you in this Agreement. You will use reasonable efforts to safeguard all Software (including all copies thereof) from infringement, misappropriation, theft, misuse, or unauthorized access. You will promptly notify us if you become aware of any infringement of our Intellectual Property Rights in the Software and fully cooperate with us, at our sole expense, in any legal action taken by us to enforce its Intellectual Property Rights.
Links To Other Websites
The Site may contain links to third-party websites or services that are not owned or controlled by RAEK.
RAEK has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services and cannot guarantee that such third-party content will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein.
You acknowledge and agree that RAEK shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, in our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may terminate this Agreement (except for any provisions which by their nature are intended to survive) by ceasing to use and destroying all copies of the Software.
You agree to defend, indemnify and hold harmless RAEK and its affiliates, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of: (i) Your use and access of the Services, by You or any person using your account and password; (ii) A breach of these Terms; or (iii) Content posted on the Services.
Limitation of Liability
IN NO EVENT SHALL RAEK, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. RAEK’S AGGREGATE MONETARY LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO RAEK IN THE TWELVE MONTHS PRECEDING THE INCIDENT GIVING RISE TO SUCH CLAIM.
You use the Services at your sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. You must ensure your own compliance with applicable law such as the CAN-SPAM Act, the Telephone Consumer Protection Act, and the Telemarketing Sales Rules, among other things.
RAEK its subsidiaries, affiliates, and its agents do not warrant that: (i) the Services will function uninterrupted, secure or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Services are free of viruses or other harmful components; or (iv) the results of using the Services will meet your requirements.
THE SOFTWARE IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE, AND ON BEHALF OF OUR AFFILIATES AND ITS AND OUR RESPECTIVE AFFILIATES AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, WE PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
You are responsible for your own compliance with, and you indemnify us, for your own compliance with the Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
If you are a holder (or agent thereof) of copyright or other proprietary rights, and you believe that any Services infringe upon such proprietary rights, you may submit a notice to here: [email protected] pursuant to the Digital Millennium Copyright Act by submitting the following information in writing to our copyright agent: (1) the signature (physical or electronic) of the holder (or agent thereof) of a proprietary right that is allegedly infringed; (2) identification of the work or multiple works alleged to have been infringed; (3) identification of the material that allegedly infringes or is the subject of infringing activity that is requested to be removed or otherwise modified with information reasonably sufficient to permit us to locate the material; (4) Contact information for us to contact you, including an address, telephone number and/or e-mail address; (5) Your statement that you have a good faith belief that use of the material in question is not authorized by the holder of the proprietary rights, its agent or otherwise under law; and (6) Your statement that the information in the notice to us is accurate and, under penalty of perjury, that you are authorized to act on behalf of the allegedly infringed work. You acknowledge that your failure to comply fully with these requirements may result in an invalid notice under the Digital Millennium Copyright Act.
These Terms shall be governed and construed in accordance with the laws of Washington state, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have had between us regarding the Services.
We make no representation that any products, services, or information described or provided through the Site or Services are appropriate or available for use in locations outside the United States or all territories within the United States.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The Software may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You will not, directly or indirectly, export, re-export, or release the Software to, or make the Software accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You will comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Software available outside the US.
The Software is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if work for the US Government or a contractor therefor, you will receive only those rights with respect to the Software as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government users and their contractors.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Changes to these Terms will be effective immediately upon posting on this page with an updated effective date.
By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms, including potential usage of your logo in our marketing materials. If you do not agree to the new terms, you are no longer authorized to use the Services.
Notices, Questions and Contact Information
You agree that we may give you notices or otherwise respond to you by mail or to your email address, or in any other manner reasonably elected by us. All legal notices to us must be sent to: 21950 E Country Vista Dr Suite 400 Liberty Lake, WA 99019. If you have a question regarding the Site or these Terms, you may contact us by sending an email to [email protected] or by visiting this page. You acknowledge that we have no obligation to provide you with customer support of any kind, and that customer service personnel cannot change or waive these Terms.
BY USING THE SERVICES, YOU AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO SUCH SERVICES AND/OR THESE TERMS OF, WILL BE DETERMINED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT IN THE UNITED STATES. YOU AGREE THAT, BY AGREEING TO THESE TERMS OF SERVICE, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION, AND THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. THIS ARBITRATION PROVISION WILL SURVIVE TERMINATION OF THIS AGREEMENT AND THE TERMINATION OF YOUR ACCOUNT.
If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written Notice of your claim (“Notice”). The Notice must be addressed to: RAEK, C/O Gravis Law, 503 Knight St., Ste. A, Richland, WA 99352 (“Notice Address”). If RAEK initiates arbitration, it will send a written Notice to the email address used for your account. A Notice, whether sent by you or by RAEK, must: (a) Describe the nature and basis of the claim or dispute; and (b) Set forth the specific relief sought (“Demand”). If RAEK and you do not reach an agreement to resolve the claim within 60 days after the Notice is received, you or RAEK may commence an arbitration proceeding or file a claim in small claims court.
The arbitration will be governed by the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this agreement, and will be administered by the AAA. Unless RAEK and you agree otherwise, any arbitration hearings will take place in Benton County in Washington state, U.S.A. The arbitrator’s award will be final and binding on all parties, except: (1) For judicial review expressly permitted by law; or (2) If the arbitrator’s award includes an award of injunctive relief against a party, in which case that party will have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that will not be bound by the arbitrator’s application or conclusions of law. Arbitration will occur before one (1) arbitrator selected under the AAA rules.
YOU AND RAEK 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 RAEK 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 will be null and void.