Raven Connected Inc. 

Raven End User License Agreement and Terms of Service

This End User License Agreement and Terms of Service is between Raven Connected Inc. and its affiliates ("Raven Connected") and the person or entity that has downloaded this software ("you," "your" or "yours"). This End User License Agreement and Terms of Service, together with our Privacy Policy https://raven.is/pages/privacy-policy and any additional terms, policies, rules, or guidelines referred to herein (collectively, the "Agreement"), as may be updated from time to time, govern your use of the Raven Connected product (the "Product") and Product services (the "Services"). This Agreement describes the terms under which you may use the machine executable object code version of the application software accompanying this Agreement (collectively, the "Software") including upgrades as described below. 

YOU REPRESENT THAT YOU ARE A NATURAL PERSON OVER 18 YEARS OF AGE, OR THAT IF YOU ARE UNDER 18 YEARS OF AGE YOU ARE EITHER AN EMANCIPATED MINOR OR HAVE THE LEGAL PERMISSION OF YOUR PARENT OR GUARDIAN TO ENTER INTO THIS AGREEMENT. YOU FURTHER REPRESENT THAT YOU MAY LEGALLY ENTER INTO THIS AGREEMENT AND THAT YOU AGREE WITH ALL THE TERMS OF THIS AGREEMENT. 

IF YOU ARE UNDER 13 YEARS OF AGE, YOU MAY NOT ENTER INTO THIS AGREEMENT AND MAY NOT PROVIDE ANY PERSONAL INFORMATION TO RAVEN CONNECTED. 

This Agreement provides that all disputes between you and Raven Connected will be resolved by BINDING ARBITRATION. You agree to give up your right to go to court to assert or defend your rights under this Agreement (except for matters that may be taken to small claims court). Your rights will be determined by a neutral arbitrator and not a judge or jury and your claims cannot be brought as a class action. Please review Section 13 (DISPUTE RESOLUTION AND ARBITRATION) for the details regarding your agreement to arbitrate any disputes with Raven Connected. 

IN THIS AGREEMENT, YOU ARE CONSENTING TO AUTOMATIC SOFTWARE UPDATES. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE PRODUCT AND THE SERVICES. THIS AGREEMENT DESCRIBES IMPORTANT LIMITATIONS OF THE PRODUCT AND THE SERVICES, ESPECIALLY IN CONNECTION WITH SECURITY, WHICH YOU ACKNOWLEDGE BY ENTERING INTO THIS AGREEMENT. THIS IS NOT A MONITORED SECURITY SERVICE AND IS NOT TO BE RELIED UPON FOR LIFE SAFETY. RAVEN CONNECTED MAKES NO GUARANTEES REGARDING SERVICE LEVELS, SERVICE AVAILABILITY OR HOW LONG RAVEN CONNECTED WILL CONTINUE TO PROVIDE THE SERVICES AND SUPPORT THE PRODUCT. RAVEN CONNECTED MAY CHANGE THIS AGREEMENT FROM TIME TO TIME. YOU AGREE TO REVIEW THIS AGREEMENT FREQUENTLY TO NOTIFY YOURSELF OF SUCH CHANGES. IF A CHANGE TO THIS AGREEMENT MATERIALLY MODIFIES YOUR RIGHTS OR OBLIGATIONS, YOU MAY BE REQUIRED TO ACCEPT THE MODIFIED TERMS IN ORDER TO CONTINUE TO USE THE SERVICE. MATERIAL MODIFICATIONS ARE EFFECTIVE UPON YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT. OTHER MODIFICATIONS ARE EFFECTIVE UPON PUBLICATION. FOR THE AVOIDANCE OF DOUBT, DISPUTES ARISING UNDER THIS AGREEMENT WILL BE RESOLVED IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT IN EFFECT AT THE TIME THE DISPUTE AROSE. 

1.        REGISTRATION. 

To use the Product and access the Service, you must purchase our Raven device and register for a personal account ("Account"). The Software and Service enable you to control, activate, deactivate, interact with or manage certain features of Raven Connected equipment and embedded firmware, such as the Raven device (collectively, "Raven Connected Equipment"). In order to use the Software, you must first register with Raven Connected within one year of the date of purchase of the corresponding Raven Connected Equipment. You may register with Raven Connected and create an Account by fully and accurately completing the sign up page, and providing to Raven Connected your name and email address, and a password (selected by you, subject to Raven Connected security and other requirements), and other information as Raven Connected my from time to time require (collectively, "Registration Information"); you agree to keep all Registration Information updated and correct. Your Account is personal to you, and you may not share it or allow it to be used by anyone else other than members of your household to whom you grant permission. You are solely responsible for ensuring that your Account is used only by you and in a manner consistent with this Agreement and are responsible for any activity occurring on your Account. Raven Connected will allow you to select a user name and password for your Account, subject to Raven Connected security and other requirements. You agree to keep your user name and password confidential, and not allow any third party to use your user name or password. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at support@raven.is

2.        LICENSE. 

[A] Software. Subject to your compliance with all other terms of this Agreement, Raven Connected hereby grants to you a limited, non-exclusive, non-transferable, non-assignable, revocable license, without the right to grant sublicenses, and solely for the term of this Agreement, to use the Software (in object code format) for its intended purpose, solely for your personal use, solely on the Device and with Raven Connected Equipment. The Software is licensed, not sold to you, and Raven Connected as the licensor reserves all rights not expressly granted to you. You may not make or transfer any other copies of the Software. You may not modify the Software or remove any notices or markings on the Software. The Software is copyrighted and protected by United States and Canadian copyright laws and international treaty provisions and protected by other intellectual property rights.

[B] Open Source Software. The Software you download consists of a package of components, including certain open source software components ("Open Source Software") provided under separate license terms (the "Open Source Software Terms"), as described in more detail at http://legal.raven.is/attributions/RavenWebAppAttributions.html. Your use of the Open Source Software in conjunction with the Software in a manner consistent with this Agreement is permitted, however, you may have broader rights under the applicable Open Source Software Terms and nothing in this Agreement is intended to impose further restrictions on your use of the Open Source Software.

3.        SERVICE LEVELS AND UPGRADES. 

[A] Standard Service Levels. Raven Connected offers a standard level of Software functionality and Service for use with Raven Connected Equipment ("Standard Level").

[B] Enhanced Service Levels. For certain Raven Connected Equipment, Raven Connected may in the future also offer a higher level of Software and Service functionality ("Enhanced Level"). There may be a Fee, as defined in Section 9 (FEES AND PAYMENT) for the Enhanced Level, and your timely payment of the Fee will be a condition upon your use of the Software and Service.

[C] Upgrades. From time to time, Raven Connected may offer you an opportunity to upgrade from a Standard Level to an Enhanced Level. In this case, the terms, Fees and details of any offer will be provided to you via email, through a notice provided through the Software, Service or through the Google Play Store.

[D] Firmware Upgrades. You understand and agree that Raven Connected may, from time to time, remotely change or upgrade the firmware resident in any Raven Connected Equipment and may do so without notice.  

[E] Configuration. You may need the following to access and use the Service, and you acknowledge that the Service may not work properly without the following: (i) Raven Connected Equipment; (ii) a working wireless internet connection that reliably connects with the Raven Connected Equipment; (iii) an Account; (iii) a Device; and (iv) other items that may be specified by Raven Connected. It is your responsibility to ensure that you have all of these required components. Raven Connected does not provide you with the Device to use the Software. You are responsible for all fees charged by third parties to access and use the Software and Services (e.g., charges by mobile carriers). You agree that it is your sole responsibility to ensure that any security or other settings on your hardware or software, including without limitation any routers or switches over which the Software may communicate with the Raven Connected Equipment, are properly configured to enable such communication.

[F] Automatic Communications Features. The Raven Connected Equipment contains software that consists of interactive Internet applications that perform a variety of communications over the Internet as part of their normal operation. Some of these communications features are automatic and are enabled by default. By installing and/or using the Raven Connected Equipment, you consent to such software's communications features. Once you use the Raven Connected Equipment, user information including your user ID may be sent in communications with Raven Connected' servers. This information is used to access your Account and to provide the Service. Raven Connected may match this information to personally identifiable information in order to provide you with the Service. 

4.        COMPLIANCE WITH LAWS. 

You agree that you will comply with all applicable laws and regulations, and that if any law or regulation of your jurisdiction makes the performance of this Agreement, or the use of the Software, Service or Raven Connected Equipment illegal, you agree that you will terminate this Agreement upon notice to Raven Connected, and will not use the Software, Service or Raven Connected Equipment. In particular, applicable law may limit your usage of video and audio surveillance. Raven Connected makes no representation that the Service is appropriate or available for use at locations outside the United States and Canada, and access to the Service from territories where the Service is illegal is prohibited. You agree that Raven Connected will not be responsible for informing you of any laws, rules or regulations, or monitoring your use of the Service. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. 

4.1        FACIAL RECOGNITION TECHNOLOGY

You acknowledge that Raven contains facial recognition technology (“FRT”) in its cabin-facing camera, which may collect personally identifying data of those persons captured on the camera. The FRT is disabled in the Raven’s default settings and require you to directly enable the FRT. By activating the FRT, the you represent and warrant to Raven Connected that the operation of FRT and the collection of personally identifying data is in compliance with both i) your company’s privacy policy or any other policies related to the use of FRT and ii) the privacy laws and regulations that are applicable to the use of FRT in the jurisdiction(s) where you operate. You agree to indemnify and hold Raven Connected, its directors, officers, employees, agents or sub-contractors, subsidiaries and affiliates or any related companies, licensors, suppliers, successors and assigns harmless from any claim or demand for damages, liabilities, penalties, fines, injuries, costs, fees and expenses, including but not limited to reasonable attorneys' fees, made by any third parties or governmental authorities due to or arising out of your use of FRT and violation of any applicable laws and regulations.”

5.        LIMITATIONS. 

You agree to the following: Your use of the Software and Service will be for your own personal, non-commercial use. You will use the Software only for the Raven Connected Equipment and only for the Service levels for which you have paid Fees (if applicable). You may not access or use, or attempt to access or use, any other Service level that may be available through the Software or use the Software or Service through any means other than the Raven Connected Equipment. You will not use the Software, Service or the Raven Connected Equipment to violate the privacy or other rights of any third party. You will not use or launch any automated system, including without limitation "robots," "spiders" or other automated programs to access the Software or Service. You will not obtain or attempt to obtain any personally identifiable information from any other users or third parties from the Software or Service, or use any services available on the Software or Service (including without limitation email) for commercial purposes. Raven Connected may add to, delete from or modify the Software or Service at any time without notice and without permission from you. You will not circumvent, disable or otherwise interfere with security-related features of the Software or Service or any user's enjoyment of the Service, including without limitation by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, violating the regulations, policies, or procedures of such networks, equipment, or servers, or impersonating any third party. You will not reverse engineer, reverse compile or otherwise attempt to learn, use or disclose the source code or any trade secrets in any portion of the Software or Service, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You will not use or permit the use of Software, Service or Raven Connected Equipment: (i) for any dangerous activity; or (ii) for any activity where any failure of the Software, Service or the Raven Connected Equipment to perform properly would or could cause damage to persons or property. You will not attempt to do any of the prohibited acts described in this Section 5, or assist or permit any person in engaging in any of the acts described in this Section 5. 

6.        INDEMNITY. 

You agree to indemnify and hold harmless Raven Connected, its officers, directors, employees and agents from and against any and all claims, damages, threats, suits, proceedings, losses and liabilities (including attorneys' fees) arising from or related to any of the following, whether by you or anyone in your household, any of your employees or anyone acting under your direction, authority or control: (i) use of and access to the Product, Software and Service; (ii) violation of this Agreement or any applicable law or regulation; (iii) disclosure or misuse of your user name or password, or (iv) your violation of any third party right, including without limitation any copyright, property or privacy right. 

7.        SERVICE AVAILABILITY AND SUPPORT. 

Service Availability. 

The Service is not intended to be available 100% of the time. The Service is subject to interruptions and failures for a variety of reasons, including but not limited to Wi-Fi intermittency and service provider downtime. The Service may be temporarily unavailable without notice for security reasons, system failure, maintenance, or other reasons. You will not be entitled to any refund or rebate for the periods of inaccessibility. You acknowledge that the Software, Service, Products and the Raven Connected Equipment may: (i) not operate properly or be error-free; (ii) contain errors which may or may not be corrected; and (iii) not meet your requirements. Support. 

If you have provided Raven Connected with a valid email address, you may use that email address to contact Raven Connected regarding any questions or errors you may have or encounter with the Software, Service or Raven Connected Equipment at support@raven.is or you may contact Raven Connected via Raven Connected help line 1 (888) 612-7688. Raven Connected will use its commercially reasonable efforts to answer your questions and correct such errors (where the errors are reproducible and caused by Software, Service or Raven Connected Equipment) by email or via telephone during Raven Connected normal business hours. The foregoing states Raven Connected sole liability, and your sole right, with respect to questions and errors.

8.        PRIVACY POLICY; ADDITIONAL TERMS. 

[A] Privacy Policy. Please read the Privacy Policy https://raven.is/pages/privacy-policy carefully for information relating to our collection, use, storage and disclosure of your personal information.

[B] Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to on the Service, such as rules applicable to particular features or content on the Service, and all of these additional terms, policies, rules, or guidelines form an integral part of these Terms by this reference. 

9.        FEES AND PAYMENT. 

[A] Standard Level Fees. Raven Connected does not currently charge any fee ("Fee") for your use of or access to the Standard Level of Service or Software. After the later of: (i) five years from the date upon which you first checked the "AGREE" box as provided above; or (ii) one year from the date of last sale by Raven Connected of the particular model of Raven Connected Equipment that you purchased or are using with Software, Raven Connected may require payment or may increase Fees at any time upon notice.

[B] Enhanced Level Fees. Raven Connected may charge, and in that case you will pay, a Fee for your use of and access Enhanced Level of Service. Raven Connected may change the amount of the Fee for the Enhanced Level at any time upon notice to you.

[C] Payment. You will pay all applicable Fees when due, and according to the manner therein prescribed. Any failure to pay Fees may cause your access to the Software to terminate immediately, and may also be deemed a material breach of this Agreement. You will be responsible for paying any sales, use, value-added or withholding taxes applicable to your purchase of the Service. 

10.        TERM AND TERMINATION; SUSPENSION. 

[A] Term. The term of this Agreement will commence upon the date you first checked the "AGREE" box, and will continue until expiration or termination as provided below. Termination for Cause. Either party may terminate this Agreement upon notice for the material breach of the other party if that breach has remained uncured for 30 days (or, if the breach is a failure to timely pay Fees, three days) after notice thereof by the non-breaching party.

[B] Termination for Convenience.

[i] By You. You may terminate this Agreement at any time without cause by closing your Account.

[ii] By Raven Connected. Raven Connected may discontinue the Service without cause and upon notice given at any time.

[C] Effect. Upon the expiration or termination of this Agreement, you will immediately cease any use of Software and Service. In that case, you will have no obligation to pay any additional Fees, but any outstanding Fees (and associated taxes) remain due and payable and any Fees already paid by you will not be refunded. Sections 6, and 11 through 15, and the Privacy Policy, will survive. Expiration or termination will not affect your ability to continue to use features of the Raven Connected Equipment that you purchased that don't require use of the Software or access to the Services.

[D] Suspension. Raven Connected may suspend access to your Account or your use of the Software and Service where Raven Connected believes you have breached this Agreement, violated any applicable law or breached Raven Connected security. The Service may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. Raven Connected does not offer any specific uptime guarantee for the Service. 

11.        LIMITATION OF LIABILITY. 

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL RAVEN CONNECTED BE LIABLE TO YOU OR ANY PARTY FOR ANY LOST PROFITS, LOSS OF USE, COST OF COVER, LOSS OF DATA (INCLUDING VIDEO) OR OTHER INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER AND WHETHER ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT, THE SERVICE OR THE SOFTWARE, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR: (i) DAMAGES TO PREMISES, PERSONS OR PROPERTY ARISING OUT OF OR RELATING TO THE USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR STORED VIDEO CLIPS AND (ii) DAMAGES ARISING OUT OF SERVICE UNAVAILABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RAVEN CONNECTED HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL THE TOTAL LIABILITY OF RAVEN CONNECTED UNDER THIS AGREEMENT OR REGARDING THE SOFTWARE OR SERVICE EXCEED THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO RAVEN CONNECTED FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE DATE OF THE CLAIM OR (ii) $100. THE LIMITATIONS IN THIS SECTION 11 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. 

12.        JURISDICTION AND VENUE. 

This Agreement is governed by the laws of the State of California without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Raven Connected agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for the purpose of litigating all such disputes. 

13.        DISPUTE RESOLUTION AND ARBITRATION. 

[A] Generally. In the interest of resolving disputes between you and Raven Connected in the most expedient and cost effective manner, you and Raven Connected agree that any and all disputes arising in connection with this Agreement will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes but is not limited to all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND RAVEN CONNECTED ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

[B] Exceptions. Notwithstanding Section 13(a), you and Raven Connected agree that nothing in this Agreement will be deemed to waive, preclude, or otherwise limit either of our right to: (i) bring an individual action in small claims court; (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address intellectual property infringement claims.

[C] Arbitrator. Any arbitration between you and Raven Connected will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Raven Connected.

[D] Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by electronic mail ("Notice"). Raven Connected address for Notice is: Raven Connected Inc., Suite 408, 441 Maclaren Street, Ottawa, Ontario, Canada. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Raven Connected may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Raven Connected must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If our dispute is finally resolved through arbitration in your favor, Raven Connected will pay you: (a) the amount awarded by the arbitrator, if any; (b) the last written settlement amount offered by Raven Connected in settlement of the dispute prior to the arbitrator's award; or (c) $100.00, whichever is greater.

[E] Fees. If you commence arbitration in accordance with this Agreement, Raven Connected will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in Santa Clara County, California, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Raven Connected for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

[F] No Class Actions. YOU AND RAVEN CONNECTED AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Raven Connected agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Modifications. If Raven Connected makes any future change to this arbitration provision (other than a change to Raven Connected address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Raven Connected address for Notice, in which case your Account with Raven Connected will immediately be terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.

[G] Enforceability. If Section 13(f) is found to be unenforceable or if the entirety of this Section 13 is found to be unenforceable, then the entirety of this Section 13 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 12 (JURISDICTION AND VENUE) will govern any action arising out of or related to this Agreement. 

14.        DISCLAIMER. 

(A) General. RAVEN CONNECTED PROVIDES THE SOFTWARE AND SERVICE ON AN "AS IS" BASIS, WITHOUT ANY WARRANTY OR CONDITION. RAVEN CONNECTED AND ITS LICENSORS, SUPPLIERS AND SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WITHOUT LIMITING THE FOREGOING: (I) RAVEN CONNECTED MAKES NO WARRANTY THAT THE SERVICE WILL BE EFFECTIVE, RELIABLE OR SECURE; (II) RAVEN CONNECTED MAKES NO REPRESENTATION OR WARRANTY THAT YOUR PREMISES OR PERSONS OR PROPERTY ON YOUR PREMISES WILL BE SAFE OR SECURE; AND (III) RAVEN CONNECTED DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 

(B) Not Insurance; Not a Monitored Service. Your use of the Service does not guarantee that your premises, or persons or property on your premises, will be safe or secure. Raven Connected is not an insurer and you must obtain insurance from an insurer if you so desire. The amount you pay us (if any) is unrelated to the value of your property or the property of others located in your premises. In the event of any loss or injury to any person or property, you agree to look exclusively to your insurer (if any) to recover damages. You waive all subrogation and other rights of recovery against us that any insurer or other person may have as a result of paying any claim for loss or injury to any other person. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE RAVEN CONNECTED EQUIPMENT, PRODUCTS, SOFTWARE AND SERVICES ARE NOT CERTIFIED FOR EMERGENCY RESPONSE, ARE NOT A THIRD PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM, ARE NOT LIFE-SAVING OR MONITORED SECURITY PRODUCTS, DO NOT PROVIDE AN EMERGENCY RESPONSE, ARE NOT A SUBSTITUTE FOR EMERGENCY SERVICES AND ARE NOT TO BE RELIED UPON FOR LIFE SAFETY. RAVEN CONNECTED DOES NOT MONITOR EMERGENCY NOTIFICATIONS AND WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR HOME IN THE EVENT OF AN EMERGENCY. All emergency events should be directed to the appropriate emergency response services. 

(C) Third Party Equipment. The Services and Raven Connected Equipment may interoperate with other connected third party devices that may be available for purchase from third parties (collectively, "Third Party Equipment"). Raven Connected is not the vendor of, and provides no warranties or conditions regarding Third Party Equipment, including without limitation that such Third Party Equipment is appropriate for use with the Services or Raven Connected Equipment. 

15.        MISCELLANEOUS. 

Neither this Agreement, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole or in part, by you without the prior, written permission of Raven Connected. Any purported assignment without such permission will be void. This Agreement may be assigned by Raven Connected without notice to an entity that succeeds to all or substantially all of its business or assets to which this Agreement relates. Raven Connected may subcontract some or all of its obligations hereunder without notice. Any waiver of any rights of Raven Connected under this Agreement must be in writing, signed by Raven Connected, and any such waiver will not operate as a waiver of any future breach of this Agreement. If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of this Agreement, so that this Agreement will remain in full force and effect. This Agreement is the entire agreement between the parties with respect to this subject matter, and supersedes any and all prior or contemporaneous or additional communications, negotiations or agreements with respect thereto, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to this Agreement. This Agreement will not be interpreted or construed to confer any rights or remedies on any third parties. Use of section headers in this Agreement is for convenience only and will not have any impact on the interpretation of particular provisions. 

16.        CONSENT TO ELECTRONIC COMMUNICATIONS. 

You consent to receiving certain electronic communications from us as further described in our Privacy Policy. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. 

17.        CONTACT INFORMATION. 

If you have any questions, comments, complaints or claims about the Software or this Agreement, you may contact Raven Connected at: Suite 408, 441 Maclaren Street, Ottawa, Ontario, Canada. Email: support@raven.is. You may request a copy of this Agreement by emailing us at this address. 

18.        NOTICE FOR CALIFORNIA USERS. 

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Copyright © 2016 - 2020 Raven Connected Inc. All Rights Reserved. RAVEN and the RAVEN logo are trademarks of Raven Connected and may not be used without prior written permission.