Terms of Use

Thank you for visiting Rafter.com brought to you by Rafter, Inc. ("Rafter"- "we" - "us” or "our"). Rafter's website is referred to as the "Website" and the service(s) we provide are referred to as the "Service." "You" -"your" and "user" refer to any individual person, group, institution or entity accessing or using the Service or the Website. These “Terms of Use” set out the terms and conditions that govern your use of our Website and the Service. Each time you access the Website and/or use the Service, you acknowledge that you have read the latest version of, and agree to be bound by these Terms of Use. If you do not agree to be bound by the Terms of Use, you may not access the Website or use the Service.

Ownership

All of the material included on the Website or provided in the Service, including but not limited to HTML, CGI, codes and scripts, trademarks, text, graphics, logos, service marks, and copyrights (collectively, the "Service Content"), is the property of Rafter, its licensors and other parties. U.S. and international copyright laws protects all Service Content available on the Website. Your use of the Service and the Service Content does not transfer to you any ownership or other rights in the Service or the Service Content. You may use the Service Content displayed on the Websites for your personal, noncommercial use only. You may not use, modify, copy, distribute, transmit, display, publish, sell, license, or create derivative works using any of the Service Content for commercial or public purposes. You agree not to view, copy, scrape, or obtain data, Service Content, pricing, catalog or other information from the Website or the Service by any automated means (such as scripts, bots, spiders, crawlers, or scrapers) except as may be expressly authorized a separate written commercial agreement. No materials from the Websites or the Services may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Rafter's prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the Websites may violate copyright, trademark, and other applicable laws, and could result in criminal or civil penalties.

User Information

If you create a user account with Rafter in connection with your use of the Website and/or Services, you must submit and we will collect certain personally identifiable information ("PII") as part of the account creation process. PII may include your name, school affiliation, title, email address, telephone number, mailing address, geographic location (if you use any location-based features of our Service) and other demographic and preference information. You may also submit PII to Rafter through its Website or Services by requesting information on products or services from Rafter or third-party vendors. By submitting your PII to Rafter by whatever means, you agree that Rafter may collect, use and disclose your PII and share your PII with third parties in the process of operating the Website and delivering Services as such may be in effect from time to time, and/or for other lawful commercial purposes.

User Content; Prohibited Content

If you post, upload, communicate, link to, email or otherwise submit or publish any suggestion, idea, comment, testimonial, preferences, textbook adoption information, feedback, message, image, text or other material ("User Content") to Rafter, its agents or employees, through the Website, the Service or any other means (e.g. Rafter’s Facebook or Twitter pages), you hereby transfer and assign all right, title and interest in the User Content to Rafter, including without limitation all copyright, trademark, patent, publicity and database rights. You represent and warrant that (i) you have the ownership rights to transfer and assign to Rafter as set forth in this section, and (ii) the User Content furnished by you does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. The rights granted in this section shall survive any expiration or termination of your relationship with Rafter.

You must not: (i) use the Service for any illegal purpose or for the transmission of any material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortious, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another; (ii) directly or indirectly interfere or attempt to interfere with the proper working of any of the Website, any account, or any communication or transaction being conducted on our Website; (iii) use any robot, spider, scraper, other automatic device, or manual process to monitor or copy our web pages or the Service Content for any purpose without our prior expressed written permission; (iv) take any action which imposes an unreasonable or disproportionately large load on our infrastructure, (v) conduct fraud, hide or attempt to hide your identity, represent yourself as someone else, or manipulate or attempt to manipulate prices, compromise or attempt to compromise the security of any account, interfere or attempt to interfere with the proper working of the Service, (vii) send any unsolicited email or advertising to any known user or (viii) use the Services for any use other than personal, non-commercial purposes unless specifically approved in writing by Rafter, in its sole discretion.

Disclaimer of Warranties

THE RAFTER WEBSITES AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, RAFTER SPECIFICALLY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OF MERCHANTABILITY AND OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, RAFTER SPECIFICALLY DOES NOT WARRANT THAT THE RAFTER WEBSITES OR SERVICE WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE RAFTER WEBSITE, THE SERVICE OR THE SERVER, NETWORK OR OTHER SOFTWARE AND EQUIPMENT THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RAFTER DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT OF ITS PRODUCTS, WEBSITES OR SERVICE, OR REGARDING THE RESULTS OF THE USE OF THE WEBSITES OR SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE, UNLESS SPECIFICALLY SET OUT ON THE WEBSITE. IN ADDITION, RAFTER IS NOT RESPONSIBLE FOR ANY DAMAGE, INJURY OR LOSS CAUSED BY USERS OF RAFTER SERVICES OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN RAFTER SERVICE. UNDER NO CIRCUMSTANCES WILL RAFTER BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, RESULTING FROM USE OF RAFTER SERVICES. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH RAFTER.

Limitation of Liability

IN NO EVENT SHALL RAFTER (INCUDING ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER ARISING IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), OR RELATED TO THE USE OR INABILITY TO USE THE WEBSITES OR THE SERVICE, EVEN IF RAFTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE ENTIRE LIABILITY OF RAFTER (INCUDING ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS) UNDER THESE TERMS OF USE OR OTHERWISE IN CONNECTION WITH THE WEBSITES OR THE SERVICE SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNTS PAID BY YOU TO RAFTER IN THE PAST TWELVE MONTHS, OR $500, WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. IN THAT CASE, RAFTER'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH RAFTER.

WHILE RAFTER TAKES REASONABLE STEPS TO SAFEGUARD AND TO PREVENT UNAUTHORIZED ACCESS TO YOUR INFORMATION (INCLUDING PII), WE CANNOT BE RESPONSIBLE FOR THE ACTS OF THOSE WHO GAIN UNAUTHORIZED ACCESS, AND WE MAKE NO REPRESENTATION, WARRANTY, TERM, OR CONDITION, EXPRESS, IMPLIED OR OTHERWISE, THAT WE WILL PREVENT UNAUTHORIZED ACCESS TO YOUR PRIVATE INFORMATION. IN NO EVENT SHALL RAFTER BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER RAFTER WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

Indemnity

You agree to defend, indemnify and hold harmless Rafter, its subsidiaries and affiliates (including their respective owners, directors, officers, employees, agents, representatives and agents) from and against any and all loss, liability, claims and demands (including, without limitation, reasonable attorneys' fees, costs and expenses) arising out of or relating to (a) any violation by you of the Terms of Use, or (b) any breach of any of your representations or warranties in the Terms of Use. These indemnity obligations shall survive any expiration or termination of your relationship with Rafter.

Release

YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE Rafter, ITS SUBSIDIARIES AND AFFILIATES, ITS SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE. If you are a California resident, you waive California Civil Code §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," as well as any other statute or common law principle of similar effect.

Reporting Infringement

To provide a notice of copyright, trademark or other infringement issues relating to the Website or the Service, please provide the following information to Rafter’s Copyright Agent: A description of the copyrighted work, trademark or other intellectual property that you claim has been infringed; The location on the Websites of the material that you claim is infringing, with enough detail to allow us to locate it; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf; An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright, trademark or other intellectual property; and Your address, telephone number, and email address.
All correspondence regarding intellectual property matters should be sent to:

Rafter, Inc. Copyright Agent c/o Legal Department 177 Bovet Road, Second Floor San Mateo CA 94402 Email: legal@rafter.com Fax: 650-403-4517
You agree that your notice is not deemed confidential and we may provide your notice to the provider of the allegedly infringing material, or any third party we deem necessary or convenient.

Legal Disputes

You and Rafter agree that any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof (collectively, "Disputes") will be settled by binding arbitration; except that either party retains the right to bring an individual action in small claims court. You acknowledge and agree that you and Rafter are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Rafter otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Legal Disputes" section will be deemed void. This "Legal Disputes" section will survive any termination of these Terms of Use. Notwithstanding the foregoing, each party reserves the right to seek injunctive or other equitable relief in a court of competent jurisdiction with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party's intellectual property or proprietary rights or breach of the User Content and Activities provisions of this Agreement.

In the event of a dispute, you and Rafter agree to submit to binding arbitration. The arbitration will be held before one arbitrator on an individual basis and not as a class action. You waive any right you may have to arbitrate a Dispute as a class action. You may select any one of the following arbitration organizations and its applicable rules: the American Arbitration Association, 335 Madison Ave., Floor 10, New York, NY 10017-4605 (http://www.adr.org) , the National Arbitration Forum, Box 50191, Minneapolis, MN 55405-0191 (http://www.arb-forum.com), or JAMS, Two Embarcadero Center Suite 1100 San Francisco, CA 94111 (http://www.jamsadr.com). You may obtain copy of the rules of each organization by contacting the organization.

Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. You and Rafter shall agree on one arbitrator to conduct the arbitration. The arbitrator shall apply governing substantive law in making an award. In any arbitration, Rafter will pay the filing, administration, service or case management fee, plus the costs associated with the first day of arbitration, with the remaining costs to be paid by the non-prevailing party. Rafter will pay additional arbitration expenses to the extent that the arbitrator determines that Rafter must in order to ensure the enforceability of this arbitration clause. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law.

The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. Any court having jurisdiction may enter judgment on the arbitrator's award. If any part of this Arbitration Clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder remains enforceable.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND RAFTER WILL BE RESOLVED BY BINDING ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST RAFTER INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION, THIS INCLUDES GIVING UP YOUR RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION AS SET FORTH IN THE WISCONSIN CONSUMER ACT, WIS. STATS. 426.110.

If Rafter changes this Legal Disputes section, you may reject any such change by sending us written notice within 45 days of the date such change became effective. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Rafter in accordance with the provisions of this Section as of the date you first accepted the terms of these Terms of Use (or accepted any subsequent changes to these Terms of Use).

You agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Rafter more than one year after the date of the occurrence underlying the claim.

This "Legal Disputes" section shall survive any expiration or termination of your relationship with Rafter.

Miscellaneous (BUT IMPORTANT!) Provisions

If any provision of the Terms of Use is declared invalid, illegal or unenforceable, all remaining provisions continue in full force and effect. The failure of Rafter to exercise or enforce any right or provision of the Terms of Use is not a waiver of such right or provision. The section titles of the Terms of Use are for convenience only and have no legal or contractual effect. Non-performance of either party, except for the failure to make required payments, will be excused to the extent performance is delayed or rendered impossible by any reason where failure to perform is beyond the reasonable control of the non-performing party.

The then-current Rafter Terms of Use, including (a) any related policies and terms referenced in the Terms of Use and (b) any additional terms and conditions provided to you by Rafter when you use certain features of the Website or Service, are the entire agreement between you and Rafter regarding the Website and the Service. The Terms of Use may not be modified without the consent of a duly authorized representative of Rafter, and will supersede and prevail over any terms or conditions you may include with any purchase order or other transaction document or communication with us, regardless of whether Rafter signs them or fails to object to them.

This Agreement shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of laws provisions thereof). If any provision(s) of the Agreement is held contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Rafter's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Rafter in writing. The section titles in the Agreement are used solely for the convenience of the parties and have no legal or contractual significance.

Rafter reserves the right, in our sole discretion, to make changes to the Websites and the Services at any time. Any description of the Services provided by Rafter is not a representation that the Services are working or will always work in that manner, as Rafter is continuously updating the Website and the Service, and these updates may not always be reflected in the Terms of Use. Rafter may modify the Terms of Use including the linked policies contained herein from time to time, and each such modification is effective as soon as we post it on the relevant Website. By using our Services, you agree to be bound by the then-current version of the Terms of Use, including any changes we may have made since the last time you used our Services. It is therefore important that you review the Terms of Use regularly to ensure you are aware of any such changes. If we make material changes to these Terms of Use, we will notify you here, by email (applicable to users who have created a Rafter account), or by means of a notice on our homepage.

This "Miscellaneous" section shall survive any expiration or termination of your relationship with Rafter.

Contacting Rafter

All notices, authorizations, and requests to Rafter shall be deemed given on receipt.

Rafter, Inc. 177 Bovet Road, Second Floor San Mateo CA 94402 Fax: 650-403-4517 Phone: 650-288-3500
A printed version of these Terms of Use and of any notice given in electronic form pursuant to your use of the Website and the Service shall be admissible in judicial or administrative proceedings related to the Website or the Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

PLEASE PRINT, DATE AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.