TERMS OF USE
Last updated March 17, 2026
AGREEMENT TO OUR LEGAL TERMS
We are Raster & State LLC, doing business as Majestic
("Company," "we,"
"us," "our").
We operate the website
https://majesticeditions.com
(the "Site"), the mobile application Majestic (the
"App"), as well as any other related products and
services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
You can contact us by phone at (+1)5412497488, email at
legal@rasterstate.com, or by mail to 30 N Gould St Ste N, Sheridan, WY 82801, United
States.
These Legal Terms constitute a legally binding agreement made between
you, whether personally or on behalf of an entity
("you"), and Raster & State LLC, concerning your
access to and use of the Services. You agree that by accessing the
Services, you have read, understood, and agreed to be bound by all of
these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS,
THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the
Services you are using. The modified Legal Terms will become effective
upon posting or notifying you by
legal@rasterstate.com, as stated in the email message. By continuing to use the Services
after the effective date of any changes, you agree to be bound by the
modified terms.
The Services are intended for users who are at least 18 years old.
Persons under the age of 18 are not permitted to use or register for the
Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services 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 us to any registration requirement
within such jurisdiction or country. Accordingly, those persons who
choose to access the Services from other locations do so on their own
initiative and are solely responsible for compliance with local laws, if
and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act
(HIPAA), Federal Information Security Management Act (FISMA), etc.), so
if your interactions would be subjected to such laws, you may not use
the Services. You may not use the Services in a way that would violate
the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in
our Services, including all source code, databases, functionality,
software, website designs, audio, video, text, photographs, and graphics
in the Services (collectively, the "Content"), as well as the
trademarks, service marks, and logos contained therein (the
"Marks").
Our Content and Marks are protected by copyright and trademark laws
(and various other intellectual property rights and unfair competition
laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS"
for your personal, non-commercial use or internal business purpose
only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the
"PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable,
revocable license to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access,
solely for your personal, non-commercial use or internal business
purpose.
Except as set out in this section or elsewhere in our Legal Terms, no
part of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our express
prior written permission.
If you wish to make any use of the Services, Content, or Marks other
than as set out in this section or elsewhere in our Legal Terms, please
address your request to:
legal@rasterstate.com. If we ever grant you the permission to post, reproduce, or publicly
display any part of our Services or Content, you must identify us as the
owners or licensors of the Services, Content, or Marks and ensure that
any copyright or proprietary notice appears or is visible on posting,
reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the
Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a
material breach of our Legal Terms and your right to use our Services
will terminate immediately.
Your submissions and contributions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a)
rights you give us and (b) obligations you have when you post or upload
any content through the Services.
Submissions: By directly sending us any question,
comment, suggestion, idea, feedback, or other information about the
Services ("Submissions"), you agree to assign to us all intellectual
property rights in such Submission. You agree that we shall own this
Submission and be entitled to its unrestricted use and dissemination for
any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you.
Contributions: The Services may invite you to chat,
contribute to, or participate in blogs, message boards, online forums,
and other functionality during which you may create, submit, post,
display, transmit, publish, distribute, or broadcast content and
materials to us or through the Services, including but not limited to
text, writings, video, audio, photographs, music, graphics, comments,
reviews, rating suggestions, personal information, or other material
("Contributions"). Any Submission that is publicly posted shall also be
treated as a Contribution.
You understand that Contributions may be viewable by other users of the
Services and possibly through third-party websites.
When you post Contributions, you grant us a license (including use of
your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable, royalty-free,
fully-paid, worldwide right, and license to: use, copy, reproduce,
distribute, sell, resell, publish, broadcast, retitle, store, publicly
perform, publicly display, reformat, translate, excerpt (in whole or in
part), and exploit your Contributions (including, without limitation,
your image, name, and voice) for any purpose, commercial, advertising,
or otherwise, to prepare derivative works of, or incorporate into other
works, your Contributions, and to sublicense the licenses granted in
this section. Our use and distribution may occur in any media formats
and through any media channels.
This license includes our use of your name, company name, and franchise
name, as applicable, and any of the trademarks, service marks, trade
names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By
sending us Submissions and/or posting Contributions through any part of
the Services or making Contributions accessible through the Services by
linking your account through the Services to any of your social
networking accounts, you:
- confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
- warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
- warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions and/or Contributions and
you expressly agree to reimburse us for any and all losses that we may
suffer because of your breach of (a) this section, (b) any third party’s
intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no
obligation to monitor any Contributions, we shall have the right to remove
or edit any Contributions at any time without notice if in our reasonable
opinion we consider such Contributions harmful or in breach of these Legal
Terms. If we remove or edit any such Contributions, we may also suspend or
disable your account and report you to the authorities.
By using the Services, you represent and warrant that:
(1) all registration information you submit will be true, accurate,
current, and complete; (2) you will maintain the accuracy of such information and promptly
update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal
Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human
means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized
purpose; and (7) your use of the Services will not violate any applicable law or
regulation.
If you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend or terminate
your account and refuse any and all current or future use of the
Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to
keep your password confidential and will be responsible for all use
of your account and password. We reserve the right to remove,
reclaim, or change a username you select if we determine, in our
sole discretion, that such username is inappropriate, obscene, or
otherwise objectionable.
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
- PayPal
You agree to provide current, complete, and accurate purchase and
account information for all purchases made via the Services. You further
agree to promptly update account and payment information, including
email address, payment method, and payment card expiration date, so that
we can complete your transactions and contact you as needed. Sales tax
will be added to the price of purchases as deemed required by us. We may
change prices at any time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your
purchases and any applicable shipping fees, and you authorize us to
charge your chosen payment provider for any such amounts upon placing
your order. We reserve the right to correct any errors or mistakes in
pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services.
We may, in our sole discretion, limit or cancel quantities purchased per
person, per household, or per order. These restrictions may include
orders placed by or under the same customer account, the same payment
method, and/or orders that use the same billing or shipping address. We
reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers, or
distributors.
6. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew unless
canceled. You consent to our charging your payment method on a recurring
basis without requiring your prior approval for each recurring charge,
until such time as you cancel the applicable order. The length of your
billing cycle will depend on the type of subscription plan you choose
when you subscribed to the Services.
Cancellation
All purchases are non-refundable. You can cancel your subscription at
any time by logging into your account. Your cancellation will take
effect at the end of the current paid term. If you have any questions or
are unsatisfied with our Services, please email us at
legal@rasterstate.com.
Fee Changes
7. SOFTWARE
We may include software for use in connection with our Services. If
such software is accompanied by an end user license agreement ("EULA"),
the terms of the EULA will govern your use of the software. If such
software is not accompanied by a EULA, then we grant to you a
non-exclusive, revocable, personal, and non-transferable license to use
such software solely in connection with our services and in accordance
with these Legal Terms. Any software and any related documentation is
provided "AS IS" without warranty of any kind, either express or
implied, including, without limitation, the implied warranties of
merchantability, fitness for a particular purpose, or non-infringement.
You accept any and all risk arising out of use or performance of any
software. You may not reproduce or redistribute any software except in
accordance with the EULA or these Legal Terms.
8. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than
that for which we make the Services available. The Services may not be
used in connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Services.
- Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Use the Services to advertise or offer to sell goods and services.
- Sell or otherwise transfer your profile.
9. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or
participate in blogs, message boards, online forums, and other
functionality, and may provide you with the opportunity to create,
submit, post, display, transmit, perform, publish, distribute, or
broadcast content and materials to us or on the Services,
including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal
information or other material (collectively, "Contributions").
Contributions may be viewable by other users of the Services and
through third-party websites. As such, any Contributions you
transmit may be treated as non-confidential and non-proprietary.
When you create or make available any Contributions, you thereby
represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates
these Legal Terms and may result in, among other things, termination
or suspension of your rights to use the Services.
10. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Services, you
automatically grant, and you represent and warrant that you have the
right to grant, to us an unrestricted, unlimited, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully-paid,
worldwide right, and license to host, use, copy, reproduce, disclose,
sell, resell, publish, broadcast, retitle, archive, store, cache,
publicly perform, publicly display, reformat, translate, transmit,
excerpt (in whole or in part), and distribute such Contributions
(including, without limitation, your image and voice) for any purpose,
commercial, advertising, or otherwise, and to prepare derivative works
of, or incorporate into other works, such Contributions, and grant and
authorize sublicenses of the foregoing. The use and distribution may
occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known
or hereafter developed, and includes our use of your name, company
name, and franchise name, as applicable, and any of the trademarks,
service marks, trade names, logos, and personal and commercial images
you provide. You waive all moral rights in your Contributions, and you
warrant that moral rights have not otherwise been asserted in your
Contributions.
We do not assert any ownership over your Contributions. You retain
full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations
in your Contributions provided by you in any area on the Services. You
are solely responsible for your Contributions to the Services and you
expressly agree to exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your
Contributions.
We have the right, in our sole and absolute discretion, (1) to edit,
redact, or otherwise change any Contributions; (2) to re-categorize
any Contributions to place them in more appropriate locations on the
Services; and (3) to pre-screen or delete any Contributions at any
time and for any reason, without notice. We have no obligation to
monitor your Contributions.
11. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, then we grant you a revocable,
non-exclusive, non-transferable, limited right to install and use the
App on wireless electronic devices owned or controlled by you, and to
access and use the App on such devices strictly in accordance with the
terms and conditions of this mobile application license contained in
these Legal Terms. You shall not: (1) except as permitted by applicable
law, decompile, reverse engineer, disassemble, attempt to derive the
source code of, or decrypt the App; (2) make any modification,
adaptation, improvement, enhancement, translation, or derivative work
from the App; (3) violate any applicable laws, rules, or regulations in
connection with your access or use of the App; (4) remove, alter, or
obscure any proprietary notice (including any notice of copyright or
trademark) posted by us or the licensors of the App; (5) use the App for
any revenue-generating endeavor, commercial enterprise, or other purpose
for which it is not designed or intended; (6) make the App available
over a network or other environment permitting access or use by multiple
devices or users at the same time; (7) use the App for creating a
product, service, or software that is, directly or indirectly,
competitive with or in any way a substitute for the App; (8) use the App
to send automated queries to any website or to send any unsolicited
commercial email; or (9) use any proprietary information or any of our
interfaces or our other intellectual property in the design,
development, manufacture, licensing, or distribution of any
applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the
Apple Store or Google Play (each an "App Distributor") to access the
Services: (1) the license granted to you for our App is limited to a
non-transferable license to use the application on a device that
utilizes the Apple iOS or Android operating systems, as applicable, and
in accordance with the usage rules set forth in the applicable App
Distributor’s terms of service; (2) we are responsible for providing any
maintenance and support services with respect to the App as specified in
the terms and conditions of this mobile application license contained in
these Legal Terms or as otherwise required under applicable law, and you
acknowledge that each App Distributor has no obligation whatsoever to
furnish any maintenance and support services with respect to the App;
(3) in the event of any failure of the App to conform to any applicable
warranty, you may notify the applicable App Distributor, and the App
Distributor, in accordance with its terms and policies, may refund the
purchase price, if any, paid for the App, and to the maximum extent
permitted by applicable law, the App Distributor will have no other
warranty obligation whatsoever with respect to the App; (4) you
represent and warrant that (i) you are not located in a country that is
subject to a US government embargo, or that has been designated by the
US government as a "terrorist supporting" country and (ii) you are not
listed on any US government list of prohibited or restricted parties;
(5) you must comply with applicable third-party terms of agreement when
using the App, e.g., if you have a VoIP application, then you must not
be in violation of their wireless data service agreement when using the
App; and (6) you acknowledge and agree that the App Distributors are
third-party beneficiaries of the terms and conditions in this mobile
application license contained in these Legal Terms, and that each App
Distributor will have the right (and will be deemed to have accepted the
right) to enforce the terms and conditions in this mobile application
license contained in these Legal Terms against you as a third-party
beneficiary thereof.
12. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site or App) links
to other websites ("Third-Party Websites") as well as articles,
photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items belonging
to or originating from third parties ("Third-Party Content"). Such
Third-Party Websites and
Third-Party Content are not
investigated, monitored, or checked for accuracy, appropriateness, or
completeness by us, and we are not responsible for any Third-Party
Websites accessed through the Services or any
Third-Party Content posted on,
available through, or installed from the Services, including the content,
accuracy, offensiveness, opinions, reliability, privacy practices, or
other policies of or contained in the
Third-Party Websites or the
Third-Party Content. Inclusion
of, linking to, or permitting the use or installation of any
Third-Party Websites or any
Third-Party Content does
not imply approval or endorsement thereof by us. If you decide to leave
the Services and access the
Third-Party Websites or to use
or install any
Third-Party Content, you do so
at your own risk, and you should be aware these Legal Terms no longer
govern. You should review the applicable terms and policies, including
privacy and data gathering practices, of any website to which you navigate
from the Services or relating to any applications you use or install from
the Services. Any purchases you make through
Third-Party Websites will be
through other websites and from other companies, and we take no
responsibility whatsoever in relation to such purchases which are
exclusively between you and the applicable third party. You agree and
acknowledge that we do not endorse the products or services offered on
Third-Party Websites and you
shall hold us blameless from any harm caused by your purchase of such
products or services. Additionally, you shall hold us blameless from any
losses sustained by you or harm caused to you relating to or resulting in
any way from any
Third-Party Content or any
contact with
Third-Party Websites.
13. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services
for violations of these Legal Terms; (2) take appropriate legal action
against anyone who, in our sole discretion, violates the law or these Legal
Terms, including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse,
restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to
remove from the Services or otherwise disable all files and content that are
excessive in size or are in any way burdensome to our systems; and (5)
otherwise manage the Services in a manner designed to protect our rights and
property and to facilitate the proper functioning of the Services.
14. PRIVACY POLICY
We care about data privacy and security. Please review our
Privacy Policy. By using
the Services, you agree to be bound by our Privacy Policy, which is
incorporated into these Legal Terms. Please be advised the Services are
hosted in the United States and Finland. If you access the Services from
any other region of the world with laws or other requirements governing
personal data collection, use, or disclosure that differ from applicable
laws in
the United States
and Finland, then through your continued use of the Services, you are
transferring your data to
the United States
and Finland, and you expressly consent to have your data transferred to
and processed in
the United States
and Finland.
15. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the
Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING
CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY,
OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR
DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT
ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your name, a
fake or borrowed name, or the name of any third party, even if you may be
acting on behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take appropriate legal
action, including without limitation pursuing civil, criminal, and
injunctive redress.
16. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the
Services at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on our
Services. We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the
Services.
We cannot guarantee the Services will be available at all times. We may
experience hardware, software, or other problems or need to perform
maintenance related to the Services, resulting in interruptions, delays,
or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Services at any time or for any
reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability
to access or use the Services during any downtime or discontinuance of the
Services. Nothing in these Legal Terms will be construed to obligate us to
maintain and support the Services or to supply any corrections, updates,
or releases in connection therewith.
17. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and
construed in accordance with the laws of the State of Oregon applicable to
agreements made and to be entirely performed within the State of Oregon, without regard to its conflict of law principles.
18. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy,
or claim related to these Legal Terms (each a "Dispute" and collectively,
the "Disputes") brought by either you or us (individually, a "Party" and
collectively, the "Parties"), the Parties agree to first attempt to
negotiate any Dispute (except those Disputes expressly provided below)
informally for at least thirty (30) days before initiating arbitration.
Such informal negotiations commence upon written notice from one Party to
the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal
negotiations, the Dispute (except those Disputes expressly excluded below)
will be finally and exclusively resolved by binding arbitration. YOU
UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN
COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and
conducted under the Commercial Arbitration Rules of the American
Arbitration Association ("AAA") and, where appropriate, the AAA’s
Supplementary Procedures for Consumer Related Disputes ("AAA Consumer
Rules"), both of which are available at the
American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall
be governed by the AAA Consumer Rules and, where appropriate, limited by
the AAA Consumer Rules. If such costs are determined by the arbitrator to
be excessive, we will pay all arbitration fees and expenses. The
arbitration may be conducted in person, through the submission of
documents, by phone, or online. The arbitrator will make a decision in
writing, but need not provide a statement of reasons unless requested by
either Party. The arbitrator must follow applicable law, and any award may
be challenged if the arbitrator fails to do so. Except where otherwise
required by the applicable AAA rules or applicable law, the arbitration
will take place in Deschutes, Oregon. Except as otherwise provided herein,
the Parties may litigate in court to compel arbitration, stay proceedings
pending arbitration, or to confirm, modify, vacate, or enter judgment on
the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration,
the Dispute shall be commenced or prosecuted in the
state and federal courts located in Deschutes, Oregon, and the Parties hereby consent to, and waive all defenses of lack of
personal jurisdiction, and forum non conveniens with respect to venue and
jurisdiction in such state and federal courts. Application of the United
Nations Convention on Contracts for the International Sale of Goods and
the Uniform Computer Information Transaction Act (UCITA) are excluded from
these Legal Terms.
In no event shall any Dispute brought by either Party related in any way
to the Services be commenced more than one (1) years after the cause of
action arose. If this provision is found to be illegal or unenforceable,
then neither Party will elect to arbitrate any Dispute falling within that
portion of this provision found to be illegal or unenforceable and such
Dispute shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit to
the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by law, (a)
no arbitration shall be joined with any other proceeding; (b) there is no
right or authority for any Dispute to be arbitrated on a class-action basis
or to utilize class action procedures; and (c) there is no right or
authority for any Dispute to be brought in a purported representative
capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above
provisions concerning informal negotiations binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity of, any
of the intellectual property rights of a Party; (b) any Dispute related to,
or arising from, allegations of theft, piracy, invasion of privacy, or
unauthorized use; and (c) any claim for injunctive relief. If this provision
is found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to
be illegal or unenforceable and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for jurisdiction above, and
the Parties agree to submit to the personal jurisdiction of that court.
19. CORRECTIONS
There may be information on the Services that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability,
and various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the
Services at any time, without prior notice.
20. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE
THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES'
CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO
THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE
OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY
ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR
MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM
OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
21. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR
USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF
THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT
PAID, IF ANY, BY YOU TO US
DURING THE six (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION
ARISING
OR $100.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
22. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents,
partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses, made
by any third party due to or arising out of: (1) your
Contributions; (2) use of
the Services; (3) breach of
these Legal Terms; (4) any
breach of your representations and warranties set forth in these Legal
Terms; (5) your violation of the
rights of a third party, including but not limited to intellectual
property rights; or (6) any
overt harmful act toward any other user of the Services with whom you
connected via the Services. Notwithstanding the foregoing, we reserve the
right, at your expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our defense of such claims. We will use
reasonable efforts to notify you of any such claim, action, or proceeding
which is subject to this indemnification upon becoming aware of it.
23. USER DATA
We will maintain certain data that you transmit to the Services for the
purpose of managing the performance of the Services, as well as data
relating to your use of the Services. Although we perform regular routine
backups of data, you are solely responsible for all data that you transmit
or that relates to any activity you have undertaken using the Services.
You agree that we shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any right of action
against us arising from any such loss or corruption of such data.
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms
constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures,
and other communications we provide to you electronically, via email and
on the Services, satisfy any legal requirement that such communication be
in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY
US OR VIA THE SERVICES. You hereby waive any rights or requirements under
any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or retention
of non-electronic records, or to payments or the granting of credits by
any means other than electronic means.
25. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact
the Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing at 1625 North Market
Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)
952-5210 or (916) 445-1254.
26. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the
Services or in respect to the Services constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any
right or provision of these Legal Terms shall not operate as a waiver of
such right or provision. These Legal Terms operate to the fullest extent
permissible by law. We may assign any or all of our rights and obligations
to others at any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our reasonable
control. If any provision or part of a provision of these Legal Terms is
determined to be unlawful, void, or unenforceable, that provision or part
of the provision is deemed severable from these Legal Terms and does not
affect the validity and enforceability of any remaining provisions. There
is no joint venture, partnership, employment or agency relationship
created between you and us as a result of these Legal Terms or use of the
Services. You agree that these Legal Terms will not be construed against
us by virtue of having drafted them. You hereby waive any and all defenses
you may have based on the electronic form of these Legal Terms and the
lack of signing by the parties hereto to execute these Legal Terms.
27. CONTACT US
In order to resolve a complaint regarding the Services or to receive
further information regarding use of the Services, please contact us
at:
Raster & State LLC
30 N Gould St Ste N
Sheridan, WY 82801
United States
Phone: (+1)5412497488