Effective date: April 17, 2017
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN
THE “GOVERNING LAW; DISPUTES; ARBITRATION” SECTION BELOW, AND IF YOU DO NOT OPT-OUT AS SET FORTH IN THAT SAME SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND RALEIGH WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.
These Terms apply to www.raleighenterprises.com, www.sunsetmarquis.com, www.cavatinala.com, www.raleighstudios.com, www.rosenthalestatewines.com,and all other web sites, features, mobile applications, or online services that are owned or controlled by Raleigh Enterprises, LLC and its subsidiaries and affiliates (collectively, "Raleigh", "us", "we" or "our") and that post or include a link to these Terms (collectively, the “Sites”), whether accessed via computer, mobile device, or otherwise.
When using particular services or features of the Sites, including downloading content from the Sites, both these Terms and a separate contract, terms of service, or a similar agreement ("Additional Terms") may apply to your use of that service or feature. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
- 1. Business Users
If you are using any of the Sites on behalf of a business or legal entity (such as your employer) (an “Entity”), you represent and warrant that you have the legal right and authority to (a) enter into these Terms on behalf of the Entity, (b) grant the rights and licenses described in these Terms on behalf of the Entity, and (c) bind the Entity to these Terms. You acknowledge and agree that these Terms will operate as an agreement between Raleigh (or its applicable subsidiary) and the Entity; and that references to you in this Agreement shall refer to the Entity and its affiliates. If you do not have such legal right and authority on behalf of the Entity, you may not use the Sites.
- 2. Ownership of Materials on the Sites
The Sites include all materials that comprise or are otherwise a part of the Sites (including past, present and future versions of the Sites), including, without limitation: graphics; layout; text; instructions; images; graphs; charts; trademarks, logos, service marks; software (including HTML-based programs); audio; animations; videos; designs; ringtones; wallpapers; games; contests; voting; technology; applications; artwork; information; data; reports; designs; compilations; advertising copy; domain names; any and all copyrightable material (including source and object code); the "look and feel" of the Sites; the compilation, assembly and arrangement of the materials of the Sites; and all other materials related to the Sites (collectively, "Materials").
The Materials are owned by or licensed to Raleigh and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. Except as expressly set forth in these Terms or expressly granted to you in writing by Raleigh, no rights in the Materials (whether by implication, estoppel or otherwise) are granted to you. You acknowledge that you do not acquire any ownership rights in the Materials by using the Sites. You may only use the Materials as expressly set forth in these Terms. UNAUTHORIZED USE, COPYING, REPRODUCTION, STORING, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING, REMOVAL OR ALTERATION OF ADVERTISING OR ANY OTHER MISUSE OF ANY OF THE MATERIALS IS STRICTLY PROHIBITED.
- 3. Access to the Sites; License
Users under the age of thirteen (13) are not permitted to use the Sites; further, users must be at least twenty-one (21) years old to use the www.rosenthalestatewines.com web site, or any features, mobile applications, or online services associated with Rosenthal – The Malibu Estate.
Subject to your strict compliance with these Terms and any Additional Terms, we hereby grant you a limited, personal, non-exclusive, non-transferable, non-assignable, revocable license to access our Sites and view the Materials (excluding source and object code, other than as made available to access and use via standard web browsers to enable display on your device) (the "License"). You may not reproduce, duplicate, copy, sell, resell or commercially exploit for any purposes, any portion of, use of, or access to the Sites. When you access or view the Materials, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Materials; and (c) not allow or assist any third party (whether or not for your benefit) to copy or adapt any object code associated with the Sites or reverse engineer, modify or attempt to discover any source code associated with the Sites. In the event you fail to comply with these Terms, we may terminate the License without notice and you will no longer be permitted to use the Sites.
You agree to abide by any and all copyright notices, information, or restrictions contained in any part of the Sites. Any and all rights to use the Sites that are not expressly granted to you under these Terms are reserved for Raleigh or its licensors. Nothing contained in these Terms will affect, impair, or limit in any way Raleigh’s rights to exploit fully any or all of the Materials. Unauthorized use of Materials may be a violation of federal and state laws and could result in civil and criminal liability.
If you create or are issued a password and account by Raleigh to access any portions of the Sites, you are personally responsible for maintaining the confidentiality of any such password and account and for all activities that occur under such password or account. You must immediately notify Raleigh of any unauthorized use of your password or account or any other breach of security.
If we become aware of possible violations of these Terms, we may initiate an investigation that may include gathering information from you or any user involved and the examination of other material. We may suspend the provision of the Sites temporarily, or we may permanently remove the material involved from our servers, cancel posts, provide warnings to you, or suspend or terminate your access to our Site. We will determine what action will be taken in response to a violation at our sole discretion. We will fully cooperate with law enforcement authorities in investigating suspected lawbreakers.
- 4. Registration
In order to use certain services or features of the Sites, you may be required to register with Raleigh. In consideration of your use of the Sites, you agree to: (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you register with us, you agree to be responsible for any activities that occur under your account or password, and you agree you will not sell or otherwise transfer your membership or any membership rights. Raleigh reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Sites, including, without limitation, those governing your transmission or use of any software or data.
- 5. Prohibited Conduct
You agree that you will not, including by use of any robot, scraper, or other data mining technology or process, frame, mask, extract data or other materials from, copy or distribute content from the Sites (except as may be a result of standard search engine or Internet browser usage). Except as expressly provided in these Terms, you may not copy, reproduce, republish, modify, create derivative works of, upload, download, perform, display, post, transmit, distribute or otherwise use content from the Sites in any way, without the prior written permission of a duly authorized Raleigh employee.
You agree not to violate or interfere with the security of the Sites, attempt to gain unauthorized access to the Sites, data, materials, information, computer systems or networks connected to any server associated with the Sites, through hacking, password mining or any other means, or otherwise bypass or circumvent any measure employed to limit or prevent access to the Sites or any data stored thereon. You also agree not to take or attempt any action that, in the sole discretion of Raleigh, imposes or may impose an unreasonable or disproportionately large load or burden on the Sites or Raleigh’s infrastructure. You further agree not to use the Sites for any unlawful purpose.
- 6. User Interactions and Disputes
You are solely responsible for your interaction with other users on the Sites, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
- 7. Links to Third Party Content and Third Party Interactions
The Sites may contain links to third party websitesand services that are operated by third parties. Functionality on the Sites may also permit interactions between the Sites and a third party web site or online feature, including applications that connect the Sites or your profile on the Sites with a third party website, service, or feature. We do not control any of these third party websites or services, or any of their content. The inclusion of any link does not imply endorsement by Raleigh or any association with its operators, or guarantee that the content contains accurate information. Accordingly, you understand and agree that we are not responsible for your use of these third party web sites or services, and that your use of such services is subject to the terms and conditions established by such third parties. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SITE INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
Further, you may choose, at your sole and absolute discretion and risk, to use applications or other functionality that connects the Sites or your account on the Sites with a third party web site or service (“Third Party Interactions”). Third Party Interactions include functionality made available via an application programming interface (API) made available by Raleigh or a third party. Using such functionality may require you to login or authorize access to your account on the third party site. Such Third Party Interactions may interact with, connect to or gather and/or pull information from and to your account on the Sites. By using Third Party Interactions, you acknowledge and agree: (i) if you use Third Party Interactions to share information relating to your accounts on the Sites, you are consenting to that information being shared; (ii) your use of Third Party Interactions may cause personally identifying information to be publicly disclosed and/or associated with you, even if Raleigh has not provided such information; and (iii) your use of Third Party Interactions is at your own option and risk, and you will hold Raleigh harmless for the sharing of information relating to your accounts on the Sites that results from your use of Third Party Interactions. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your account information with, through or by any other means identified on or in connection with Third Party Interactions.
- 8. Submitted Content; License to Raleigh
The Sites may provide you and other users the opportunity to submit , display or post to the Sites a variety of information, content or media, including videos, images, computer code, and text (collectively, the "Content"). Raleigh does not control the Content made available via the Sites and therefore does not guarantee the accuracy, integrity or quality of any Content.
Responsibility for Submitted Content; Your Representations
You understand that you are solely responsible for your Content, however submitted. You represent and agree that your Content complies or will comply with the User Submission Policy set forth below. Raleigh assumes no, and you assume all, responsibility or liability arising from or related to any Content you submit to or post to the Sites, including responsibility or liability for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information you submit to or post to the Sites. By submitting Content, you certify that you (i) created and own the Content, or otherwise have all rights to freely redistribute the Content without limitation and (ii) have the right to grant the license to Raleigh set forth above. Upon Raleigh’s request, you will furnish Raleigh any documentation, substantiation or releases necessary to verify your compliance with these Terms.
We have no obligation to monitor the Sites or any Content made available via the Sites. However, you acknowledge and agree that Raleigh has the right to monitor the Sites and Content you submit and the right (but not the obligation) to delete, edit, move, or disable any such Content in whole or in part subject to Raleigh’s sole discretion. Raleigh reserves the right to suspend or terminate your access to the Sites at any time. Under no circumstances will we be liable in any way for any of your Content including, but not limited to, any errors or omissions in your Content, any loss of your Content or for any loss or damage of any kind incurred as a result of your Content.
You agree and understand that Raleigh is not obligated to post or use your Content submitted through the Sites or otherwise, and may alternatively choose to discard or remove your Content without any liability whatsoever. You further authorize Raleigh to publish your Content in a searchable format that may be accessed by users of the Sites and the Internet. You agree that Raleigh has no obligation to monitor or enforce your intellectual property rights to your Content but has the right to protect and enforce its rights to your Content.
You acknowledge that Raleigh may be working on or developing material similar or the same in nature to your Content and that Raleigh may have received similar or the same intellectual property rights from another party. Raleigh owes you no obligation with respect to your submissions unless you and Raleigh enter a written agreement to that effect. If your Content is subject to protection under intellectual property rights laws, you are responsible for seeking and securing any such protection that may be available to you. Any discussions or negotiations between you and Raleigh regarding your Content do not constitute Raleigh’s recognition of the novelty or originality of your Content. You hereby waive any moral rights you may have in and to any of your Content, even if the Content or a derivative work is altered or changed in a manner not agreeable to you.
License to Raleigh
User Submission Policy
When you contribute, upload or otherwise provide your Content to the Sites, you agree to comply with the following requirements:
- No third party materials. Your Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use any Content that belongs to other people without their permission – this means you absolutely may not include any content owned or created by someone else unless you have secured the right to do so, including no uploading or copying of content you found elsewhere on the Internet without proper permission.
- Content must be your own. All Content must be created by you and you must have all rights in the Content; or, all persons who contributed in any way or have any rights to your Content, or otherwise appear in the Content, must have given you permission to upload and distribute the Content on the Sites and elsewhere. Upon Raleigh’s request, you will furnish Raleigh any documentation, substantiation or releases necessary to verify your compliance with these Terms.
- No illegal or objectionable Content. Your Content must not violate any law. Your Content may not promote any illegal activity or violence, nor describe how to perform a violent act. Your Content may not threaten, abuse or harm others. Your Content may not include any negative comments that are connected to race, national origin, gender, sexual preference or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.
- No third party information. Your Content may not reveal another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is personal in nature.
- No Content for commercial purposes. Your Content may not advertise or promote a product or service. You may not use your Content to raise money for anyone or for a pyramid or other multi-tiered marketing scheme.
- Do not damage the Sites or anyone's computers. Content may not contain viruses, Trojan horses, spyware, malware or any other technologies that could impact the operation of the Sites or any computer system.
In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
- 9. Copyrights and Other Intellectual Property and Related Claims
You may not use the Sites for any purpose or in any manner that infringes the rights of any third party. Raleigh encourages you to report any content on the Sites that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Sites infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), Raleigh has a designated agent for receiving notices of copyright infringement and Raleigh follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Raleigh’s copyright agent (copyright agent contact information is set forth below) the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that any content on the Sites contains content that violates your rights other than copyrights, please provide Raleigh at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.
Please send (a) your notice of claims of copyright infringement on or regarding the Sites, or (b) a complaint regarding alleged violation of rights other than copyrights, to Raleigh’s copyright agent, who can be reached as follows:
- By email to: David Navetta, Esq., Norton Rose Fulbright, david.navetta@nortonrosefulbright (with subject "Raleigh Copyright Complaints")
- By postal mail to: David Navetta, Esq., Norton Rose Fulbrigh, Tabor Center, 1200 17th Street, Suite 1000, Denver, CO 80202-5835Attn: Raleigh DMCA Notices.
- By telephone at: (303) 801-2732
We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.
It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
Raleigh will provide you with notice if your Content has been removed based on a third party complaint of alleged infringement of the third party’s intellectual property rights.
10. Sweepstakes, Contests, and Promotions
Any sweepstakes, contests, or promotions ("Promotions") accessible through the Sites may be governed by its own set of official rules, which may have eligibility requirements, such as certain age or geographic area restrictions. By entering or participating in such Promotions, you will become subject to those official rules. It is your responsibility to read the applicable rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor's requirements of you in connection with the applicable Promotion.
11. Jurisdictional Issues
The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Raleigh to any registration requirement within such jurisdiction or country. Raleigh controls and operates the Sites from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Sites are appropriate for use or access in other locations. Anyone using or accessing the Sites from other locations does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Sites or any portion of the Sites, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.
Software related to or made available by the Sites may be subject to United States export controls. Thus, no software from the Sites may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States government has embargoed goods or designated as a “terrorist supporting country”; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals, the U.S. Commerce Department's Table of Deny Orders, or any other U.S. Government list of prohibited or restricted parties. By downloading any software related to the Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
12. Linking Policy
Raleigh grants you the revocable permission to link to the Sites; provided, however, that any link to the Sites: (a) must not present false information about, disparage, damage, dilute or tarnish the goodwill associated with Raleigh or its products or services, any Raleigh property or any other intellectual property; (b) must not create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with Raleigh; (c) must not frame or create a browser or border environment around any of the content on the Sites or otherwise mirror any part of the Sites; (d) must not use any Raleigh trademarks without the prior written permission from Raleigh; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Raleigh’s sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. You agree that you will not link to the Sites from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate (in Raleigh’s sole discretion). By linking to the Sites, you agree that you do and will continue to comply with the above linking requirements.
Notwithstanding anything to the contrary contained in these Terms, Raleigh reserves the right to prohibit linking to the Sites for any reason in our sole and absolute discretion.
13. Mobile Features
The Sites may offer features and services that are available to you via your mobile phone or other mobile device. These features and services may include, without limitation, the ability to view the Sites or access features of the Sites, upload content to the Sites, receive messages from the Sites (including via SMS, MMS, push notifications, or otherwise), and download applications to your mobile device (collectively, the "Mobile Features"). We may charge for Mobile Features and these charges will be disclosed prior to completion of registration for the Mobile Feature. Also, standard messaging, data and other fees may be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. As applicable, instructions regarding how to opt-out of Mobile Features will be disclosed in connection with Mobile Features. If you sign up to receive SMS or MMS messages that may be offered on the Sites, you may unsubscribe from any text messages received by replying "STOP.” You agree that the Mobile Features for which you are registered may send communications to your mobile device regarding Raleigh, the Sites or a product or service for which you signed up. Further, we may collect information related to your use of the Mobile Features. If you have registered for Mobile Features, you agree to notify Raleigh promptly of any changes to your mobile number and update your account(s) on the Sites to reflect this change.
If you sign up to receive promotional or marketing text messages (including SMS and MMS messages) from us, you acknowledge and agree that we may send such messages using an autodialer to the number you provide. You acknowledge and agree that you are not required to receive our text messages, and that you are not required to agree to receive text messages as a condition of purchasing any property, goods, or services.
The Sites may provide certain content that you may choose to include on your personal web page, blog, page on a social networking site, or similar page (“Personal Page”) by pasting into your Personal Page the HTML or other code provided by Raleigh and labeled as embed code (or a similar identifying label) (“Widget”). Raleigh grants you a limited, revocable license, subject to the restrictions in this Agreement, to include the Widget, as provided by Raleigh (without editing) on your Personal Page only. You agree that you will not include or otherwise make available a Widget on a web page or website containing content that is distasteful, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in Raleigh’s sole opinion). As described in the “Disclaimers” section of this Agreement, Raleigh makes no specific warranties about Widgets. Raleigh may discontinue providing the services necessary for the Widgets to operate at any time for any reason without any liability to you. In addition, Raleigh may disable Widgets that you include on any Personal Page if you violate these Terms (as determined by Raleigh in its sole discretion) or for any or no reason, without any liability to you. You agree that Raleigh’s license grant to you to use a Widget on your Personal Page does not provide you with any intellectual property rights, including copyrights, in the materials made available via any Widget. You agree to not sell, lease, hypothecate, transfer, license, distribute, reproduce, encumber or otherwise exploit the content made available in a Widget, in whole or in part, without the express written consent of Raleigh. You agree to include, and not remove or alter, Raleigh’s trademark, copyright or other proprietary rights notices, as provided by Raleigh on the Widget. You also agree to not use (or attempt to use) the Widget to display content other than the content provided or intended by Raleigh to be displayed via a particular Widget. Except as expressly stated otherwise, the Widget and any and all content provided through the Widget are subject to these Terms in their entirety.
We make no representations as to the accuracy, quality, timeliness, availability, or completeness of the information, documents, Content or other materials available on the Sites, and you should not rely upon them. We provide the Sites (INCLUDING, WITHOUT LIMITATION, ALL MATERIALS, INFORMATION, LINKS, MESSAGES, PRODUCTS, WIDGETS, MOBILE FEATURES, THIRD PARTY INTERACTIONS, SERVICES, AND OTHER MATERIALS AND FUNCTIONALITY CONTAINED ON AND/OR OBTAINED THROUGH THE SITES) on an “AS IS,” “WITH ALL FAULTS,” AS AVAILABLE basis, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. You use the Sites at your own risk, and the Raleigh Parties are not liable for any errors or omissions in its content or delivery, or for any form of loss or damage (including, without limitation, any consequential, indirect, incidental, special, or exemplary damages, even if known to us) that may result from their use. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE RALEIGH PARTIES expressly disclaim all warranties, EXPRESS OR IMPLIED, including IMPLIED warranties of merchantability, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, FREEDOM FROM COMPUTER VIRUS, fitness for a particular purpose, or noninfringement. No warranty not set forth in these Terms will be valid. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. If any of the above provisions are void under governing law, our liability shall be limited to the maximum extent permitted by law.
WITHOUT LIMITING THE FOREGOING, THE RALEIGH PARTIES DO NOT WARRANT THAT YOUR USE OF THE SITES WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITES (OR THE SERVER(S) THAT MAKE THE SITES AVAILABLE) ARE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL INTERNET ACCESS SERVICES, DEVICE HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITES, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF ANY RALEIGH PARTY, WHETHER MADE ON THE SITES OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
FURTHER, THE RALEIGH PARTIES DO NOT WARRANT OR GUARANTEE THAT YOUR ACTIVITIES OR USE OF THE SITES ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE RALEIGH PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.
YOU UNDERSTAND THAT BY USING THE SITES (OR ANY OF THEIR FEATURES OR FUNCTIONALITY), YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN THE JURISDICTION WHERE YOU ACCESS OR USE THE SITES.
THE RALEIGH PARTIES SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, DEATH, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST BUSINESS, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) BASED UPON OR RESULTING FROM ANY OPINION, ADVICE, INFORMATION, STATEMENT OR OTHER CONTENT MADE OR DISPLAYED ON THE SITES BY THIRD PARTIES (INCLUDING, WITHOUT LIMITATION, ANY USER OF THE SITES).
PLEASE REMEMBER THAT IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND RELIABILITY OF ANY OPINION, ADVICE, INFORMATION OR STATEMENT AVAILABLE ON THE SITES. A POSSIBILITY EXISTS THAT THE SITES COULD INCLUDE INACCURACIES OR ERRORS. ADDITIONALLY, A POSSIBILITY EXISTS THAT UNAUTHORIZED ALTERATIONS COULD BE MADE TO THE SITES BY THIRD PARTIES. ALTHOUGH WE ATTEMPT TO ENSURE THE INTEGRITY OF THE SITES, THE RALEIGH PARTIES MAKE NO GUARANTEES AS TO COMPLETENESS OR CORRECTNESS OF THE SITES.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NONE OF THE RALEIGH PARTIES ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO: (A) THE SITES (INCLUDING, WITHOUT LIMITATION, ALL MATERIALS, INFORMATION, LINKS, MESSAGES, PRODUCTS, WIDGETS, MOBILE FEATURES, THIRD PARTY INTERACTIONS, SERVICES, AND OTHER MATERIALS AND FUNCTIONALITY CONTAINED ON AND/OR OBTAINED THROUGH THE SITES); (B) YOUR USE OF, OR INABILITY TO USE, OR THE PERFORMANCE OF THE SITES; (C) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE RALEIGH PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITES; (D) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (E) ANY ERRORS OR OMISSIONS IN TECHNICAL OPERATION OF THE SITES; OR (F) ANY DAMAGE TO ANY USER'S DEVICE, HARDWARE, DEVICE SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE RALEIGH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE SITES). WITHOUT LIMITING THE FOREGOING, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE RALEIGH PARTIES WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITES. IN NO EVENT WILL THE RALEIGH PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE SITES IS TO STOP USING THE SITES, AND THE SOLE AND EXCLUSIVE MAXIMUM AGGREGATE LIABILITY TO THE RALEIGH PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL BE THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITES.
RALEIGH SHALL BE EXCUSED FROM PERFORMANCE UNDER THESE TERMS TO THE EXTENT RALEIGH IS PREVENTED FROM OR DELAYED FROM PERFORMING, IN WHOLE OR IN PART, AS A RESULT OF AN EVENT OR SERIES OF EVENTS CAUSED BY OR RESULTING FROM (1) WEATHER CONDITIONS OR OTHER ELEMENTS OF NATURE OR ACTS OF GOD, (2) ACTS OF WAR, TERRORISM, INSURRECTION, RIOTS, CIVIL DISORDERS, OR REBELLION, (3) QUARANTINES OR EMBARGOES, (4) LABOR STRIKES, OR (5) OTHER CAUSES BEYOND THE REASONABLE CONTROL OF RALEIGH.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF RALEIGH’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE SITES OR ANY OF THE RALEIGH PARTIES’ WEB SITES, PROPERTY, PRODUCTS, SERVICES, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE RALEIGH PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE SITES OR ANY OTHER OF THE RALEIGH PARTIES’ WEB SITES, PROPERTY, PRODUCTS, SERVICES, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE RALEIGH PARTIES.
BY ACCESSING THE SITES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
18. Injunctive Relief
Your breach of these Terms may result in immediate and irreparable harm to us, for which there may be no adequate remedy at law, and, therefore, you agree that we shall be entitled to equitable relief to compel you to cease and desist all unauthorized use, evaluation and/or disclosure of information obtained through the Sites, which is in addition to any other remedies available at law or in equity.
19. Governing Law; Disputes; Arbitration
- Governing Law. The validity and interpretation of these Terms, the rights and obligations hereunder, and all causes of action (whether sounding in contract, tort, or otherwise) arising out of or related to these Terms, the termination of these Terms, or the use of the Sites, are be governed by, and construed in accordance with, the substantive laws (as distinguished from the choice of law rules) of the State of California and the United States of America applicable to contracts made and performed entirely in California.
- Waivers. Both you and Raleigh hereby expressly waive trial by jury. Both you and Raleigh waive the right to bring or resolve any dispute as a class, consolidated, representative, collective, or private attorney general action. Both you and Raleigh waive the right to participate in a class, consolidated, representative, collective, or private attorney general action brought by anyone else.
- Arbitration of Disputes. Unless you opt-out specifically as set forth in this Section, you agree that all disputes between you and Raleigh (whether or not such dispute involves a third party) with regard to these Terms or your use of the Sites will be resolved by binding, individual arbitration, except for disputes relating to the infringement of your or Raleigh’s intellectual property (such as trademarks, trade dress, copyright and patents) or where Raleigh is seeking a preliminary injunction (“Excluded Disputes”). You agree that arbitration will be conducted by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures then in effect. Notwithstanding any provision of the JAMS Comprehensive Arbitration Rules and Procedures then in effect, the arbitrators shall not have the authority or jurisdiction to hear the arbitration as a class, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
This dispute resolution provision will be governed by the Federal Arbitration Act and, where consistent, California law. The arbitration will be conducted in Los Angeles, California, in the English language by three arbitrators appointed in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then in effect. Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrators will not have authority to award punitive or exemplary damages.
- Venue. If you have not validly opted out of arbitration, you agree that any action at law or in equity relating to the arbitration provision of this Agreement or the Excluded Disputes will be filed only in the state or federal courts located in Los Angeles, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If you have validly opted out of arbitration, you agree that any action at law or in equity will be filed only in the state or federal courts located in Los Angeles, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
20. No waiver; Severability; Interpretation
A waiver of any breach of any provision of the Terms shall not be deemed to be a waiver of any repetition of such breach or in any manner affect any other terms or conditions of the Terms. We do not waive any rights by the failure to enforce these Terms in every instance in which they might apply. In the event that any provision of the Terms is held to be unlawful, void, or for any reason unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that is the closest to the intention underlying the unenforceable provision. Any heading, caption or paragraph title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof. You agree that these Terms will not be construed against Raleigh by virtue of having drafted these Terms.
We may assign our rights and delegate our duties under the Terms either in whole or in part at any time without notice. You may not assign, sublicense or otherwise transfer your rights or obligations, in whole or in part, under the Terms to anyone else without our prior written consent.
This Agreement does not establish any relationship of partnership, joint venture, employment, franchise or agency between you and us.
Raleigh reserves the right, without notice or liability and at its sole discretion, to suspend or terminate these Terms and/or your ability to access or use the Sites (or any portion of the Sites), and to block or prevent future access to and use of the Sites for any reason, including, without limitation, your breach of these Terms or other conduct by you that Raleigh considers inappropriate. Raleigh reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites with or without notice. You agree that no Raleigh Party shall be liable to you or to any third party for any modification, suspension or discontinuation of the Sites. You acknowledge and agree that termination, suspension, or cancellation of these Terms or your access to the Sites will not affect any right or relief to which Raleigh may be entitled, at law or in equity, nor shall they affect any obligation you have to Raleigh, including but not limited to the payment of fees.
Upon termination of these Terms, all rights granted to you will automatically terminate and immediately revert to Raleigh and its licensors. Upon termination of your access to the Sites, or upon demand by Raleigh, you must destroy all content of the Sites which you possess and all related documentation including immediately discontinuing the use of any links to the Sites. Any provisions of these Terms, which, by their terms, ought to survive, shall survive any termination of these Terms.
You understand and agree that Raleigh will determine your compliance with these Terms in its sole discretion. Any violation of these Terms may be referred to law enforcement authorities.
24. Entire Agreement
You acknowledge and agree that these Terms and any applicable Additional Terms constitute the complete and exclusive agreement between you and Raleigh concerning your access to and use of the Sites, and supersede and govern all prior proposals, agreements, or other communications, whether oral or in writing, with respect to the Sites. Neither party has relied on any statement or representation not set forth in these Terms and any applicable Additional Terms. You represent, warrant, and covenant that your access to and use of the Sites will comply with these Terms.
We may add to, change, update or modify these Terms at any time, without prior notice, by posting such addition, change, update or modification on the Sites. You agree that we may notify you of the updated Terms by posting them on the Sites so that they are accessible via a link from the home page, and that your use of the Sites after we have posted the updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the updated Terms. Therefore, you should review these Terms before using the Sites. Any such change, update or modification will be effective immediately upon posting on the Sites or such later date as may be specified in the updated Terms, and will apply to your use of the Sites from that point forward.
26. Contacting Us
If you have any comments or questions regarding these Terms, or if you wish to report any violations of these Terms, you may contact us via http://www.raleighenterprises.com/contactus.