USE OF THE RAIVEN BROWSER EXTENSION CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE
PLEASE READ THESE TERMS CAREFULLY
Please read the following Terms of Use carefully before using the Raiven browser extension and any related websites (the “Services”). By accessing or using the Raiven browser extension or any of the Services, you agree to all of the terms and conditions set forth below (“Terms of Use”). You should review these Terms of Use regularly as they may change at any time at our sole discretion. If you do not agree to any term or condition, you should not access or otherwise use the Raiven browser extension or the Services. Your continued use of the Raiven browser extension and any Services means you accept and agree to be bound by the modified Terms of Use.
This document has been originally written in English. Any other translated versions are deemed authentic, but for legal purposes the text in English is to be given priority of interpretation.
The Raiven browser extension is an easy-to-use, powerful tool that gives you the freedom to search on any supported e-commerce website. The Raiven browser extension alerts you when it finds an exact match or similar item that is available from a supplier, manufacturer, or similar product provider (“Provider”).
When shopping on a supported website, the Raiven browser extension actively looks for and surfaces the best value or product availability. You will be given a visual cue, which guides you toward the best value option and a simple way to add the items to the Raiven cart and complete the purchase through a supported checkout service, purchase directly from a Provider, or view the item on a third-party website.
The company with whom you are employed may have signed an enterprise license allowing you to utilize the Raiven browser extension. In that case, you are using and accessing the Raiven browser extension subject to any additional terms between Raiven and your employer, who is an “Enterprise Customer.” You may have also received an invitation to use the Raiven browser extension browser extension from one of the Providers who make their products available through the Raiven browser extension. In that case, you are an individual user working under the terms of a “Partner Customer.” You may also receive an invitation to utilize the Raiven browser extension browser extension directly from Raiven or through a web store, in which case you are an “Individual User.”
Subject to these Terms of Use, any additional terms governing this agreement if you are an Enterprise Customer or a Partner Customer, you may access and use such Raiven browser extension and any content made available by the Raiven browser extension solely for your own use or on behalf of the company for which you work. The “Term” of your use will commence once you have accepted these Terms of Use, and either party may terminate the Term at any time by notifying the other party in writing or by Raiven disabling access to the Raiven browser extension.
All content made available by Raiven browser extension, along with the copyrights, trademarks, service marks, and other intellectual property rights in such content, are the property of Raiven, the Providers who make available the information about their products and/or third-party licensors. Raiven browser extension is the subject of a patent that is currently pending issuance, and Raiven reserves all rights related thereto.
Raiven, its affiliated Providers, or its third-party licensors, as applicable, reserve all rights not expressly granted in and to such content. Raiven and/or its licensors own all rights, titles, and interests, including all related Intellectual Property Rights, in and to Raiven browser extension and each of its component modules, enhancements, modifications, extensions, and/or derivative works thereof. All data or any kind provided by product Providers remain the property of those Providers. You (or your company) shall retain all right, title, and interest to your data (“Customer Data”); provided that you grant to Raiven a royalty-free, limited (for the Term), non-exclusive, worldwide license for Raiven to use and process Customer Data solely for the purposes set forth in these Terms of Use. Except for the limited rights expressly granted to you hereunder, no other rights are granted, and no other use is permitted. Your use pursuant to these Terms of Use is not a sale and does not convey to you any rights of ownership in or related to Raiven browser extension or the Intellectual Property Rights owned by Raiven.
The Raiven browser extension is a search tool that allows you to purchase products directly from Providers who make their products searchable through the Raiven browser extension at discounted prices. By using the Raiven browser extension, we do not warrant or represent that:
Raiven does not endorse and is not responsible or liable for any Product or Provider, nor any related claims, including Content, data, advertising, products, goods, or services available or unavailable from or through any other third party.
We will endeavor to display accurately the information provided to Raiven by Providers to which you are subscribed and allow you to efficiently search and filter whatever data is provided by the Provider. Raiven Services contain open-source components, and you can find the license attributions at www.raiven.com/source/attributions. Raiven further warrants that it will accurately transmit the information received from you to our Providers regarding the Products for which you have placed orders.
EXCEPT AS SET FORTH ABOVE, RAIVEN BROWSER EXTENSION AND ALL RELATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT ASSUME ANY LIABILITY OF ANY KIND RELATED TO YOUR USE OF RAIVEN BROWSER EXTENSION OR THE SERVICES. IN OTHER WORDS, YOU USE RAIVEN BROWSER EXTENSION AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE (“RELEASED PARTIES”) BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. RAIVEN MAKES NO WARRANTY AND IS NOT LIABLE FOR THE SAFETY, RELIABILITY, DURABILITY, OR QUALITY OF THE PRODUCTS PURCHASED OR THE USE OF ANY SUCH PRODUCTS BY CUSTOMER, AUTHORIZED USER AND/OR ANY OF THEIR EMPLOYEES, AGENTS, CONTRACTORS, OR SERVICE TECHNICIANS. ALL PRODUCTS PURCHASED THROUGH THE RAIVEN BROWSER EXTENSION ARE PURCHASED AS-IS FROM THE ACTUAL MANUFACTURER OF THE PRODUCT, AND RAIVEN SHALL NOT BE LIABLE FOR ANY DEFECT WITH RESPECT TO MANUFACTURE OR DESIGN OF THE PRODUCT. AUTHORIZED USERS SHALL BE SOLELY RESPONSIBLE FOR MAKING ANY SELECTION OR DECISIONS REGARDING WHICH PRODUCT(S) TO PURCHASE BASED ON THEIR OWN INDEPENDENT RESEARCH AND EVALUATION. PRODUCTS RECOMMENDED BY THE PLATFORM RELATE ONLY TO PRICE AND AVAILABILITY OF THE PRODUCT AND ARE NOT MEANT AS A RECOMMENDATION THAT A PRODUCT FITS THE REQUIREMENTS OF AUTHORIZED USER, NOR IS IT A RECOMMENDATION THAT A PRODUCT SHOULD BE UTILIZED FOR ANY PURPOSE. RAIVEN ADDITIONALLY DISCLAIMS ANY DAMAGES CAUSED BY OR RELATED TO (A) ANY DELAY; (B) FAILURE OF ANY DELIVERY OR A PRODUCT; (C) PERSONAL INJURY OR PRODUCT LIABILITY RELATED TO ANY PRODUCT; (D) CLAIMS FOR LOSS OR DAMAGE TO PROPERTY, LOSS OF USE, LOSS OF DATA OR LOSS OF PROFIT ARISING OUT OF THE USE OF YOUR PROPERTY, OR ANY SYSTEM, OR THE INABILITY TO USE RAIVEN BROWSER EXTENSION OR THE SERVICES; (E) COSTS OF ANY EQUIPMENT DAMAGED BY A PRODUCT; (F) THE REPRESENTATION OR STATEMENTS MADE BY ANY PROVIDERS, WHETHER INTENTIONAL, NEGLIGENT OR OTHERWISE; OR (G) ADHERENCE OR LACK OF ADHERENCE WITH ANY BUILDING CODES OR OTHER LAWS GOVERNING THE PRODUCTS, EVEN IF ONE OF OUR REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF YOUR DAMAGES. WE ARE NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF ANY USER, INCLUDING PROVIDERS OR ARISING FROM THE PRODUCTS THEY SELL. IN NO EVENT WILL WE OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, OR PROGRAM SPONSORS (“RELEASED PARTIES”) BE HELD LIABLE FOR ANY NEGLIGENT, TORTIOUS OR ILLEGAL CONDUCT OF PROVIDERS OR THEIR PRODUCTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. WITH RESPECT TO DIRECT DAMAGES RELATED TO THESE TERMS OF USE, THE LIABILITY FOR SUCH DAMAGES SHALL NOT EXCEED $100 IN THE AGGREGATE.
IN ALL EVENTS, YOU WAIVE THE RIGHT TO BRING OR ASSERT ANY CLAIM AGAINST ANY RELEASED PARTY RELATING TO ANY INTERACTIONS OR DEALINGS WITH ANY PROVIDER AND ITS PRODUCTS, AND YOU HEREBY RELEASE ALL RELEASED PARTIES FROM ANY AND ALL LIABILITY FOR OR RELATING TO ANY INTERACTIONS, DEALINGS OR PURCHASES WITH PROVIDERS AND THEIR PRODUCTS.
With regard to any content you input into the Raiven browser extension in order to make use of its functions (“User Data”), you agree that:
As part of the normal operation and support of the Services, Raiven collects on an anonymous basis the following information about websites a User views where the Services may have relevant product or service recommendations. Raiven also tracks information regarding product queries, spending behavior and other statistics regarding purchases, uses and distribution of the products. With regard to specific queries, Raiven collects and processes the URL, page metadata, and any page content of the retail website the user is visiting to find a comparable Raiven Provider product or service, along with general information about your browser and OS. The page content may include, but is not limited to, Provider part number, product description, product specification, unit of measurement, product image, price, and quantity. This information is used to operate, provide, and improve recommendations made by the Services. Raiven collects this information through tracking and other technologies that gather usage statistics about the effectiveness of the Services for the purpose of improving the experience for both Customers and Providers. When Customer’s Users interact with the Services, Raiven connects this information with a Raiven account, including the name, email address, password, user preferences, and other account information, to personalize that specific profile. Raiven does not have access to payment information stored in the sites visited by such users. In situations where the Services is used via a mobile device, Raiven has access to the type of device being used, the device’s unique IDs (where available), the operating system, the browser type, IP address, and error logs.
Raiven uses the data collected only in an aggregate, anonymized form for one or more of the following purposes: (A) to improve the accuracy of the recommendation engine and other product features (B) share de-identified, aggregated information with our Providers to improve recommendations and to offer Customer new products and services; (C) share with authorized personnel identified by Customer the Customer’s data regarding the use of the Services by Authorized Users for purposes of determining whether Customer’s purchasing objectives are being met. Data shared with Providers may include the percentage of instances in which the Services surfaced Provider alternatives as a percentage of total searches conducted across websites, the percentage of Services-initiated clicks (i.e., on the “Add to Cart”, “Product Info”, or applicable good match icons) related to a particular Provider, the frequency of search on websites relative to Provider searches, Customer manufacturer preferences derived from search and purchasing behavior, market information to assist in Provider competitiveness by category and product. Customer confirms that it has the authority to consent and hereby consents to allow Raiven to process the collected information for the purpose stated above.
With regard to your use of the Raiven browser extension, you agree not to:
We may provide hyperlinks or pointers to other sites maintained by third parties or provide third-party content on our extension or website through framing or other methods. The links to third-party sites are provided for your convenience and information only. The content in any linked sites is not under our control, so we are not responsible for the content, including any further links in a third-party site. If you decide to access any of the third-party sites linked from our extension website, you do this entirely at your own risk. It is up to you to take precautions to ensure that the third party you link to for your use is free of computer viruses, worms, Trojan horses, and other items of a destructive nature. We reserve the right to terminate a link to a third-party site at any time. The fact that we provide a link to a third-party site does not mean that we endorse, authorize or sponsor that site. It also does not mean that we are affiliated with the third-party site’s owners or sponsors. If a third party links to our site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us. In most cases, we are not aware that a third party has linked to our site.
The trademark, service marks, and logos of Raiven, along with those of our affiliates and Program Sponsors, which are used and displayed through the Raiven browser extension, are our registered and unregistered trademarks or those of our affiliates and Providers. Use of the Raiven browser extension should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of these trademarks without our written permission. Requests to use trademarks owned by other companies which may have their Products available through the Raiven browser extension should be directed to such other companies. We aggressively enforce our intellectual property rights. The name of Raiven, our logo, or any of the trademarks or service marks of our affiliates and Providers may not be used in any way, including advertising or publicity pertaining to the distribution of Products, without prior written permission.
By using the Raiven browser extension, you agree to indemnify, defend and hold harmless Raiven, its officers, directors, employees, agents, licensors, Providers, and any third-party information providers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees (“Claims”), resulting from or related to (a) any violation of these Terms of Use by you; (b) User Data submitted by you; and (c) any Claim related to the Products which you have purchased from any Provider.
These Terms of Use may be terminated by either party without notice at any time for any reason. You may no longer use the Raiven browser extension after such termination. Sections 5, 6, 7, 8, 9, 11, 12, 13, 16, and 17 of these Terms of Use shall survive any termination.
By using the Raiven browser extension, you consent to receive electronic communications from us via email or directly to your account, and you agree that any such communications satisfy any legal requirement to make such communications in writing. You also agree that we may communicate any notices to you under these Terms of Use through electronic mail or regular mail. All notices to Raiven will be provided by either sending: (i) an email to support@raiven.com; or (ii) a letter, first-class certified mail, to Raiven, Inc., 2 Venture, Suite 550, Irvine, California 92618; Attn: User Services. Notices sent by mail will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
Any claims relating to the Raiven browser extension and its Content shall be governed by the laws of the State of California without giving effect to any principles of conflicts of laws. You agree that any legal action or proceeding between us for any purpose concerning these Terms of Use or the parties’ obligations shall be brought exclusively in a federal or state court in Orange County, California, and you hereby agree and consent to such exclusive jurisdiction and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court; provided, however, that we may elect, in our sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Website or these Terms of Use shall be filed within one (1) year after such claim or cause of action arose or will forever be barred. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable.
These Terms of Use and other agreements, rules, and policies incorporated by reference to these Terms of Use, including, without limitation, constitutes the entire agreement between us and supersedes any prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between you and Raiven regarding the subject matter contained in these Terms of Use. Additional terms and conditions may exist between you and third parties, including but not limited to, Providers. These Terms of Use are not assignable, transferable, or sublicensable by you except with our prior written consent. We may transfer, assign or delegate this agreement and all rights and obligations hereunder without consent. No joint venture, partnership, employment, or agency relationship exists between us as a result of these Terms of Use or use of Raiven browser extension. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use.