Terms of Use

EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND Go Raven WILL BE RESOLVED THROUGH MANDATORY ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS-ACTION LAWSUITS AND/OR CLASS-WIDE ARBITRATION.
 

1. Acceptance of Terms: Your use of the Services is subject to your acceptance of these Terms, as well as any additional rules, policies, and procedures published by Go Raven, including our Privacy Notice. By accessing, registering for, and/or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

 

2. Changes: We may update these Terms and our operating rules, policies, and procedures at our discretion. Changes will be communicated by posting the updated Terms on our website and/or the Services. It is your responsibility to review them regularly. Continued use of the Services after changes constitutes acceptance of the revised Terms.

 

3. License to Use Our Services 

3.1. Ownership and Rights: By complying with these Terms, you receive a limited, personal, non-transferable right to access and use the Services. You may not reproduce, distribute, or sell content, software, or services from the Services without explicit written permission from Go Raven.

3.2. Reservation of Rights: Go Raven and its licensors retain all intellectual property rights related to the Services, as protected by applicable laws.

3.3. Availability of Content: Go Raven does not guarantee the availability of any content on the Services and reserves the right to remove or modify content at its discretion.

3.4. Free Trial Accounts: Go Raven offers Free Account and Free 14-Day Trial options with limited features. Terms for these trials are outlined in Section 4 below.

3.5. Beta Testing: Beta Testing is optional and provided on an "AS IS" basis. Go Raven disclaims warranties and limits liability for Beta Testing. Customer control over Beta Testing use is emphasized.

3.6. Marketing: Customers may opt-in to receive marketing materials, which can be revoked at any time following the instructions in Go Raven’s Privacy Policy.

3.7. International Law: Trial users subject to international data protection laws should refer to Section 16.1 for Go Raven's compliance efforts.
 

4. Scope of Use
4.1. Access and Availability: Go Raven may deny access to the Services at its discretion. Users are responsible for compliance with laws, rules, and regulations.

4.2. Creating an Account: To use the Services, users must create an Account, agreeing to these Terms and providing accurate information. Account security is the user's responsibility.

4.3. Restrictions: Users must not modify, reproduce, or use the Services for illegal purposes. Technical restrictions must be observed, and unauthorized use terminates granted rights.

5. Payment

5.1. You can opt for either a monthly or annual plan, and your credit card will be charged on a recurring basis. All fees owed to Go Raven under the Terms must be paid in full without any deductions, set-offs, counterclaims, or withholdings, unless required by law. The fees are exclusive of applicable taxes, which will be added at the prevailing rate. By signing up for a paid plan, you agree to be responsible for all charges in accordance with the chosen plan. Your subscription will automatically renew unless canceled as outlined herein. Go Raven reserves the right to change fees and charges at the end of the initial term and before the renewal takes effect.

5.2. Cancellation Policy. Notify Go Raven in writing of any changes to your account information or termination of authorization at least thirty (30) days before the next billing date. Upon cancellation, you must pay all outstanding fees, taxes, charges, and expenses owed under the Account. No refunds, prorated or otherwise, will be provided upon cancellation.

5.3. Free 14-day Trial. Go Raven offers a free 14-day trial for all plans. Billing information is optional, and if you cancel your account within the trial period, no charges will be incurred. If billing information is provided, the first charge occurs at the end of the 14th day. Failure to purchase a plan during the trial may result in permanent deletion of included data.

5.4. Monthly Plan Billing. Monthly plans provide month-to-month access with charges on the renewal day. Automatic monthly renewals occur, and if canceled before the renewal day, access extends through the current month.

5.5. Annual Plan Billing. Annual plans offer year-to-year access with charges on the renewal date. Automatic annual renewals occur, and if canceled before the renewal date, access extends through the current year.

5.6. Failed Charges; Suspension. Update account information promptly if credit card details change. Failed charges may result in an invoice, payable within seven (7) days. Failure to pay may lead to late charges, service termination, and reactivation upon successful payment.
 

6. User Content

6.1. Representation and Warranty. User Content provided must be true, accurate, and non-infringing. You grant Go Raven a license to use User Content for service provision and marketing.

6.2. Feedback. Any feedback provided grants Go Raven a license to use and may be treated as non-confidential.

6.3. Content by Others. Go Raven disclaims liability for User Content provided by others. Users are responsible for the security of personally identifiable information.

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7. Prohibited User Content

You agree not to transmit User Content that is unlawful, harassing, discriminatory, spam, contains viruses, infringes on proprietary rights, impersonates, or violates privacy.

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8. Review of User Content by Go Raven

8.1. Enforcement. Go Raven may review and take action against violations at its discretion, including modifying or removing User Content, terminating accounts, and reporting to authorities.

8.2. User Content Liability. Go Raven is not liable for loss or failure of User Content delivery. Users are encouraged to retain backup copies.

8.3. Third-Party Services. Go Raven uses third-party providers for hosting and storing User Content, following their safeguards.

 

9. No Legal Advice; Electronic Communication

9.1. No Legal Advice. Go Raven does not provide legal advice. Users are advised to consult an attorney for legal assistance.

9.2. Local Laws. Users agree to abide by local laws governing the use of the Services.

9.3. Electronic Communications. Users consent to receive electronic communications from Go Raven and acknowledge the option to opt out of promotional emails and texts.

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10. Term; Termination

The Terms remain in effect while accessing the Services. Go Raven may terminate accounts or access with or without cause and without liability. Users can terminate accounts through provided instructions. Go Raven is not liable for any termination of user rights.

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11. Disclaimer of Liability

11.1. Go Raven holds no obligation to intervene in any disputes or incidents involving you and other users of the Services.

11.2. Go Raven disclaims all liability related to User Content, including errors, viruses, defamation, or inaccuracies. You are solely responsible for any damage resulting from the use or submission of User Content and the Services, including disputes and incidents described in preceding sections.
 

12. No Liability for Lost Data

When Go Raven provides web hosting or related services involving computer storage, it reserves the right to impose limits on usage. Content exceeding these limits may be deleted without liability to Go Raven.

13. Disclaimer of Warranties and Limitation of Liability

13.1. Disclaimer of Warranties: The Services and content are provided on an "as is," "as available" basis. Go Raven disclaims all warranties, including but not limited to those of title, non-infringement, merchantability, and fitness for a particular purpose.

13.2. Limitation of Liability: Go Raven, its officers, directors, and partners are not liable for any special, incidental, indirect, or consequential damages. This applies even if Go Raven is advised of the possibility of such damages. Go Raven's maximum aggregate liability for direct damages is limited to the amount paid by you in the six-month period preceding the claim.

14. Indemnity and Waiver

14.1. Indemnification: You will defend and indemnify Go Raven against any claims arising from your use of the Services, User Content, or violation of the Terms.

14.2. Waiver: You waive and release Go Raven from all past, present, and future disputes related to the Services, inaccurate content, user conduct, and any errors or interruptions. If you are a California resident, you waive California Civil Code Section 1542.

 

15. Confidentiality

15.1. Confidential Information: Defined as non-public data regarding products, services, or business, marked or communicated as "confidential." Each party is the Disclosing or Receiving Party.

15.2. Exclusions: Confidential Information excludes information already known, independently developed, lawfully obtained, or in the public domain.

15.3. Use and Disclosure: The Receiving Party agrees not to use or disclose Confidential Information for any purpose other than performing obligations under the Agreement. Certain disclosures are allowed under specified circumstances.

15.4. Legal Requirements: If the Receiving Party is legally compelled to disclose Confidential Information, it must notify the Disclosing Party promptly.

15.5. Assistance with Personal Data: If User Content constitutes Personal Data, the Receiving Party shall assist the Disclosing Party in compliance with data protection laws.

15.6. Ownership: Each party retains ownership of its Confidential Information and related intellectual property.

15.7. Return or Destruction: Upon termination, the Receiving Party will return or, with consent, destroy Confidential Information. The obligations continue for five years after termination.

15.8. Enforcement: A breach may result in irreparable damage. The Disclosing Party may seek injunctive relief in addition to other remedies.

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16. Links

The Services may integrate with and/or provide links to various other independent third-party products and/or services (“Linked Sites”) that may be of interest to you and are for your convenience only. Go Raven does not control and/or endorse such Linked Sites and is neither responsible for their content nor the accuracy and/or reliability of any information, data, opinions, advice, and/or statements contained within such Linked Sites. Your interaction with Linked Sites is at your own risk, and you must make your own independent judgment. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Linked Site that you visit. Go Raven reserves the right to terminate any link and/or linking program at any time in its sole and absolute discretion. We disclaim all warranties, express and implied, regarding the accuracy, validity, legality, and/or otherwise of any materials and/or information contained on such Linked Sites.

 

17. Miscellaneous

17.1. Applicable Law. To the extent International data protection laws apply to the processing of personal data between Go Raven and the customer, the default Data Processing Agreement (“DPA”) and attached Standard Contractual Clauses found at Go Raven DPA are incorporated by reference and form a part of these Terms of Service, unless expressly provided otherwise in writing by both parties.

17.2. Entire Agreement; Conflict. Unless otherwise agreed to by Go Raven and you in writing, the Terms (including, without limitation, the terms and conditions set forth herein and Go Raven’s operating rules, policies, and/or procedures as described above) constitute the entire agreement between Go Raven and you concerning the subject matter hereof.

17.3. Governing Law. Except to the extent applicable law, if any, provides otherwise, this Agreement and any access to or use of the Services will be governed by the laws of the State of Delaware, U.S.A., excluding its conflict of law provisions.

17.4. Arbitration. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights, any dispute arising under the Terms shall be finally settled in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in the State of Delaware, in the English language, and the arbitral decision may be enforced in any court. The prevailing party shall be entitled to costs and attorneys’ fees. You can opt-out by contacting Go Raven within thirty (30) days from the date you first accepted the Terms.

(i) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration.

(ii) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS SECTION 17.3 MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS.

17.5. Reference. You agree that we may reference you as our customer, and that we may reasonably use, on a royalty-free basis, your trademark and/or logo for such purpose.

17.6. Severability. If any part of the Terms is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Terms and/or any breach thereof, in any one instance, will not waive such term and/or condition or any subsequent breach thereof.

17.7. Assignment. You may not assign your rights under the Terms to any other party without Go Raven’s express prior written consent; Go Raven may assign its rights under the Terms without condition. The Terms will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.

17.8. Force Majeure. Except for payment obligations, neither Go Raven nor you will be liable for any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party.

17.9. Survival. All provisions of the Terms that should survive termination shall survive termination, including licenses of User Content, ownership provisions, warranty disclaimers, indemnity provisions, and limitations of liability.

17.10. No Waiver. No waiver by either you and/or Go Raven of any breach and/or default and/or failure to exercise any right allowed under the Terms is a waiver of any preceding and/or subsequent breach and/or default and/or a waiver and/or forfeiture of any similar and/or future rights under the Terms.

Contact If you would like to request additional information regarding the Terms or for any questions regarding a commercial relationship with Go Raven, please contact us at legal@GoRaven.com.

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Please note that Go Raven does not accept red lines or changes to our Terms of Service. Changes will only be reviewed for annual subscription plans subject to Go Raven’s Master Services Agreement (MSA). Please contact a sales representative to request an editable version of Go Raven’s MSA.