Rater App Terms of Use

Effective on 6/15/2021

Welcome to Rater’s Terms of Use (“Terms”). These Terms are a contract between you as a user (“you” or “your”) and Rater, Inc, a California Corporation (“Rater,” “we,” “us,” or “our”).

 

Acceptance of Terms

By accessing or using our website at www.raterdate.com (“Site”) and/or our Rater iOS or Android mobile applications (each individually, and, collectively, with the Site, an “APP”), you agree to, and are bound by, these Terms, including our incorporated Privacy Policy and Cookie Policy . These Terms apply to anyone who accesses or uses our APP (our “Services”), regardless of registration status. It is important that you read these Terms carefully before you use our “Services.” If you do not wish to be bound by these Terms, do not use our Services.

We reserve the right to modify, amend, or change the Terms at any time. Notice of any material change will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means, as appropriate under the circumstances; however, you are responsible for regularly checking this page for notice of any changes. We agree that future changes will not be retroactive without your consent. Your continued use of our Services constitutes your acceptance of any change, however, and you will be legally bound by the updated Terms. If you do not accept a change to the Terms, you should stop using our Service.

These Terms at Section 8. contain provisions governing how claims between you and Rater are resolved. Please note the Terms include an arbitration agreement that, with limited exceptions, requires disputes between you and Rater be submitted to binding and final arbitration. Among other things, this means, that by using the Services (I) you waive your right to seek relief in a court of law and to have a jury trial on your claims against us, and (II) you will only be permitted to pursue claims and seek relief against us on an individual basis.

1. USE AND ACCOUNT ELIGIBILITY

Our Services are not for use by anyone under 18 years old or who is physically located outside the United States. Before you can use the Services, you will need to create an account (“Account”). By creating an Account, and each time you access your Account or use the Services, you represent and affirm to us that:

  • you are physically present in the United States;
  • you are at least 18 years old;
  • you are legally qualified to enter into a binding contract with Rater

Each time you use the Services or access your Account, you further represent and affirm that:

  • you are not on a list of persons whom US residents or US businesses are prohibited from doing business with;
  • you have not been convicted of or pled no contest to a felony, a sex crime, or any crime against a person or involving violence;
  • you are not required to register as a sex offender with any state, federal or local sex offender registry;
  • you do not have more than one account on our Services; and
  • you have not previously been removed from our Services by us.

If at any time you cease to meet any of these requirements, you agree to immediately delete your Account. You also agree not to use another person’s Account or to share your Account with any other person.

 

Account Termination

You may terminate and delete your Account at any time by going to the ‘Account Settings’ page when you are logged in and clicking on the ‘Cancel Account’ link. Your Account will be deleted immediately but it may take a little longer for Your Content (defined below) to be completely removed from the APP. Your profile information will be treated in accordance with our Privacy Policy.

While we assume no obligation to review user conduct or accounts for compliance with these Terms, Rater reserves the right in our sole discretion – at any time, without prior notice, and without liability to (i) use a combination of manual and automated processes to review accounts and messages for, among other reasons, content that indicates a breach of these Terms, and/or (ii) terminate or suspend any Account. We may also restrict access to the APP, or make use of any operational, technological, legal, or other means in our sole discretion to enforce the Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice. 

If your account is terminated by you or by Rater for any reason, all provisions of these Terms, which by their nature should survive, shall survive termination, including, without limitation, the Arbitration Agreement, ownership provisions, warranty disclaimers and limitation of liability.

2. RESTRICTIONS ON USE OF THE APP

In connection with your use of the APP, and in your dealings with us and other Rater users (“Members” or “users”), you agree at all times to:

  • abide by our Rater Community Guidelines
  • comply with all applicable laws, including privacy laws, intellectual property laws, and anti-spam laws;
  • comply with these Terms;
  • use your real name on your Account profile, and present yourself authentically; and,
  • treat all Rater users in an honest, courteous, and respectful manner, whether online or offline.

You agree that you will not, personally or through others, in connection with use of our Services:

  • act toward others in a dishonest, discriminatory, unlawful, bullying, or abusive manner;
  • misrepresent your identity, age, relationship status, current or previous positions, or affiliation with a person or entity;
  • disclose private information concerning another that you do not have authorization or consent to disclose;
  • stalk or harass any other user of the Services;
  • intimidate, defame, or mistreat any person;
  • solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;
  • solicit passwords for any purpose, or personal identifying information from other users for commercial or unlawful purposes;
  • post or share Prohibited Content (see below);
  • violate the terms of the license granted to you by Rater (see Our Content below);
  • copy, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, service marks, or other intellectual property, content or proprietary information accessible through our Services – without our prior written authorization;
  • modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or otherwise disassemble any portion of our Services, or cause others to do so;
  • use or develop any third-party applications that interact with our Services or Member Content or information without our written consent;
  • use our Services in a way to interfere with, disrupt or negatively affect the functionality of our APP, servers, or Service networks.
3. NO IDENTIFY VERIFICATION OR CRIMINAL BACKGROUND CHECKS

Rater does not conduct criminal background or identity verification checks on its users. Rater does not assume responsibility for the conduct of any user on or off the Service. You agree to use all appropriate caution in your interactions with other users, particularly if you decide to communicate off the Service or meet in person.

YOU UNDERSTAND AND ACKNOWLEDGE THAT RATER DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. RATER ALSO DOES NOT INQUIRE INTO THE BACKGROUND OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OR PROFILES OF ITS USERS. RATER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, OR VERACITY OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. RATER RESERVES THE RIGHT TO CONDUCT—AND YOU AUTHORIZE RATER TO CONDUCT—ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF THE COMPANY DECIDES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE THE COMPANY TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. SEX OFFENDER SCREENINGS AND OTHER TOOLS DO NOT GUARANTEE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR FOLLOWING SENSIBLE SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE.

Release of Rater From Liability for Conduct of Other Users

To the maximum extent permitted by law, you agree to, and hereby do, release Rater and its successors from any claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that either directly or indirectly arises from your interactions with or conduct of other users of the App. If you are a California resident, you hereby waive California Civil Code Section 1542, which states:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
The foregoing release may not apply to some or all claims, demands, or any losses, damages, rights, and actions in the state where you reside.

Reporting Inappropriate Conduct

While we do not control the things users of our Services say or do, we also do not like users misbehaving on our APP or in the Rater community outside of our Services. You can, and are encouraged to, report any abuse, violation of these Terms (including of our Community Rules), or complain about Member Content by emailing us at support@raterdate.com, and describing the misconduct or your complaint. We reserve a right to investigate any possible violations of these Terms, and we may, in our sole discretion, terminate any user’s right to use of the App without prior notice.

4. TYPES OF CONTENT

Our APP reflects three types of content:

  • content that you upload and provide (“Your Content”);
  • content that other users upload and provide (“Member Content”); and,
  • content that Rater provides.

By “content,” we, and these Terms, mean any and all text, audio, images, video, or other material displayed, accessed on or through, or uploaded to our Services, including direct messages between Members.

While we want users to post content to the Services freely, there is content which Rater does not allow (“Prohibited Content”). Rater restricts and prohibits the uploading or sharing of content which:

  • is obscene, pornographic, or contains nudity;
  • is defamatory or libelous;
  • may offend human dignity (including language, symbols, or imagery that could be deemed discriminatory towards an individual’s race, color, ethnicity, national origin, religion, disability, sexual orientation, gender identity or physical appearance);
  • is violent, abusive, harassing, or insulting;
  • encourages, constitutes, or facilitates any illegal activity including, but not limited to, terrorism or inciting racial hatred;
  • impersonates another person (which includes falsely stating one’s name);
  • shows an image of another person where it was created or uploaded without that person’s consent;
  • infringes a person or a third-party’s rights (including privacy rights and intellectual property rights);
  • relates to commercial activities (including sales activity, advertising, promotions, solicitations, so-called sugar daddy or sugar baby relationships, or links to websites or services of others);
  • contains any adware, viruses, spyware, or malicious code designed to interrupt, damage, or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment;
  • contains any material designed to interfere with, wrongly intercept, or expropriate any data or personal information whether from the Services or otherwise; or
  • involves the transmission of junk mail or spam.

Your uploading or sharing of Prohibited Content is prohibited by these Terms.

Your Content

You agree that Your Content will not include Prohibited Content and shall comply with our Rater Member Guidelines. As Your Content is yours and uploaded by you, you are responsible and liable for Your Content and you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.

You acknowledge that Rater is an online public community and agree to exercise all appropriate caution before posting and sharing Your Content. You agree that Your Content may be viewed by other users and any person visiting, participating in, or who is sent a link to our APP, and, notwithstanding these Terms, acknowledge other users may nevertheless share Your Content with third parties beyond the APP.

By uploading Your Content to the Services and/or creating an Account, you represent and warrant to us that you have all necessary rights to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide, transferable, and sublicensable license to license to use Your Content in any way (including, without limitation, displaying, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, distributing and otherwise making available to the general public such content, whether in whole or in part and in any format or medium – known and existing or developed in the future).

You agree not to upload to the Services any personal contact or banking information – in relation to oneself or another person (for example, home, work, or mailing addresses, telephone numbers, email addresses, credit/debit card numbers, account information, or other banking details). If you choose to reveal any personal information about yourself to other users, you agree you are affirmatively assuming all associated risk. Please exercise all appropriate caution when disclosing any personal information in connection with the use of our Services as you would in other circumstances.

As the host of an online community, Rater generally tries not to interfere with user interactions and does not assume an obligation to pre-screen any Member Content or Your Content. However, there may be circumstances where we it is appropriate for us to intervene, so we reserve the right to review, pre-screen, refuse, remove, or block access to Your Content and any Member Content. This includes content exchanged between users in direct messages.

You agree that Rater may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary or appropriate to: (i) protect the rights, property, or personal safety of another person or of Rater; (ii) enforce these Terms or otherwise comply with legal process; or (iii) respond to claims that any content violates the rights of third parties.

In addition, so that Rater may prevent the use of Your Content outside of our Services, you authorize Rater to act on your behalf with respect to infringing uses of Your Content taken from our Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (DMCA Takedown Notices) on your behalf if Your Content is taken and used by third parties outside of our Services. You understand and agree, however, that we are not obligated to take any action with regard to use of Your Content by other users or third parties.

Member Content

While the Services facilitate your accessing and viewing Member Content, you do not have any rights in or to other users’ Member Content. You agree you may only use other Rater users’ uploaded information to the extent such use aligns with Rater’s intended purpose of allowing well intended people to communicate with and meet one another. You may not copy Member Content or use or share it in a manner that constitutes or encourages Prohibited Content.

Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. If you have a complaint about Member Content, please consult the Digital Millennium Copyright Act section below.

Our Content

Other than Your Content and Member Content, all other content appearing on our APP belongs to us. If it is not Your Content or Member Content, any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on or supporting the Services are owned, controlled, or licensed by us and are protected by copyright, trademark, and other intellectual property law rights. All right, title, and interest in and to Our Content remains with us at all times.

We grant you a limited, non-exclusive, personal, non-transferable, revocable, license to access and use Our Content, without the right to sublicense, subject to the following conditions:

  • you use Our Content for lawful purposes only;
  • you do not use our name in metatags, keywords, or hidden text;
  • you do not use, sell, distribute, or modify Our Content except as permitted by the functionality of the APP; and,
  • you do not create derivative works from Our Content or commercially exploit Our Content, in whole or in part, in any way.

Our Privacy Policy

For information about how Rater collects, uses, and share your personal information, please read our Privacy Policy which can be accessed here. By using our Services, you acknowledge that we may use your personal information and data in accordance with our Privacy Policy.

5. DISCLAIMER

Rater’s Services are provided “as is” and we do not make, and cannot make, any representations about the content or features of our Services.

THE APP, SITE, OUR CONTENT, AND MEMBER CONTENT ARE ALL PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE THE NUMBER OF USERS OR THAT YOU WILL FIND ANY A COMPATIBILE MATCH.

SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO OR INFORMATION, WHETHER ORAL OR WRITTEN, NOT EXPRESSLY STATED IN THIS SECTION SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE.
ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE APP OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE APP OR SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE APP, SITE, OUR CONTENT, ANY MEMBER CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE APP OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. THE RATER IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. RATER DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY CHECKS ON ITS MEMBERS.

6. LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RATER, ITS OWNERS, MANAGERS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF RATER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL RATER’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT OF $50.00.

THE APP AND SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED IN THESE TERMS WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE. THE FOREGOING DOES NOT APPLY TO LIABILITY ARISING FROM ANY FRAUD OR FRAUDULENT MISREPRESENTATIONS, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED BY APPLICABLE LAW.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

7. INDEMNITY BY YOU

You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Rater, our owners, managers, officers, employees, and successors from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of our Services, Your Content, Your conduct toward other users, or your breach of these Terms.

8. DISPUTE RESOLUTION – ARBITRATION NOTICE

If you are dissatisfied with our Services for any reason, please contact Rater Customer Service first by email here [url] so that we can try to address your concerns without the need of outside assistance. If you choose to pursue a claim against Rater, the following terms will apply.

THE SERVICES ARE BEING MADE AVAILABLE BY RATER ON THE BASIS OF YOUR ACCEPTANCE OF THE FOLLOWING ARBITRATION NOTICE. BY ENTERING INTO TERMS, YOU ARE AGREEING TO BINDING ARBITRATION RATHER THAN LITIGATION IN ANY COURT. YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO ASSERT ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND/OR TERMS IN ANY COURT, EXCEPT AS EXPRESSLY PROVIDED BELOW IN SECTION C. YOU FURTHER ACKNOWLEDGE THAT YOU ARE ENTERING INTO THESE TERMS AND THIS ARBITRATION NOTICE VOLUNTARILY AND NOT IN RELIANCE ON ANY PROMISES OR REPRESENTATIONS WHATSOEVER EXCEPT THOSE CONTAINED IN THESE TERMS THEMSELVES.

A. Agreement to Arbitrate Claims. You and Rater mutually agree that any dispute, claim, or controversy (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitration, or to the use of the Services (hereinafter “Claim” or “Claims”) shall be settled by binding arbitration before a single arbitrator. The arbitration shall be administered by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Streamlined Arbitration Rules”) in effect on the date the arbitration is filed and will be governed by the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “JAMS Minimum Consumer Standards”). Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator can award any damages or relief on your individual claim that a court of law could, including individual injunctive relief and attorneys’ fees when available under the governing law. The arbitrator will also be empowered to determine the arbitrability of any Claim. Any Claim will be decided by an arbitrator, rather than by a judge or jury, and an arbitration award will be final and binding on you and Rater, without any right of appeal. Court review of an arbitration award will be very limited. With the exception of Section C below, you and Rater hereby waive the right to assert any Claim in any court. As set out in Section D below, all arbitrations will be conducted on an individual basis, and there shall be no class or collective actions in arbitration.

B. Other Claims Subject to Arbitration. In addition to Claims brought by either you or Rater, Claims made by or against an employee, agent, member, manager, officer, or representative of Rater will be subject to arbitration as described herein.

C. Exceptions. We agree not to invoke our right to arbitrate any individual Claim you bring in small claims court or an equivalent court with jurisdiction, so long as the Claim is pending only in that court.

D. Individual Claims Only. Claims may be submitted to arbitration on an individual basis only. Claims subject to this arbitration provision may not be joined or consolidated in arbitration with any Claim of any other person or be arbitrated on a class basis, in a representative capacity ,on behalf of the general public, or on behalf of any other person, unless otherwise agreed to by the parties in writing. You acknowledge and agree that you are waiving any ability to join or consolidate your Claim in arbitration with the Claim of any other person and to bring any Claim on a class basis, in a representative capacity, on behalf of the general public, or on behalf of any other person. Further, unless you and Rater both otherwise agree in writing, the arbitrator may not consolidate your Claim with that of any other person and may award relief only in favor of your individual Claim. The arbitrator may not award relief for or against any other party, whether directly or indirectly. If a court of competent jurisdiction deems this paragraph to be unenforceable with respect to any Claim, then the entirety of this Section 8. (the “Arbitration Notice” or “Notice”) will be deemed void with respect to such Claim. Except as provided in the preceding sentence, the Notice will survive any termination of these Terms. Rater, its employees, members, managers, officers, agents, and representatives are considered as one person. The arbitrator will be competent to determine the arbitrability of any Claim that is attempted to be joined or consolidated in arbitration with the Claim of any other person or brought on a class basis, in a representative capacity, on behalf of the general public, or on behalf of any other person.

E. Arbitration Fees. If you initiate arbitration, Rater will advance any arbitration fees, including any required deposit. Rater will also be responsible for payment and/or reimbursement of any arbitration fees which exceed either (1) the amount of filing fees you would have incurred if your Claim had been brought in the state or federal court nearest your residence with jurisdiction, or (2) US$ 250, whichever is lesser. If Rater initiates or elects arbitration, Rater will pay the entire amount of the arbitration fees, including any required deposit. Regardless of who initiates arbitration, Rater will pay all other arbitration-related costs, including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services.

F. Arbitration Procedure. A single arbitrator will resolve the Claims. The place of arbitration will be the State in which you are a legal resident. You have the right to an in-person arbitration hearing for your Claim should you so choose. Any such hearing will take place within the federal judicial district in which you live, or in a reasonably convenient location as agreed by the parties. The arbitration will be conducted in English. The arbitrator will be either a retired judge or an attorney with at least ten years of experience and will be selected by the parties; provided, however, that if the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then JAMS will appoint the arbitrator in accordance with the JAMS Streamlined Arbitration Rules. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity but may not grant any form of relief identified in Section D above without the express written consent of both parties. Discovery or exchange of non-privileged information relevant to the dispute will be allowed, keeping in mind the reasonable need for the requested information, the availability of other discovery options, and the burdensomeness of the request on the opposing party. The arbitrator’s award will address all claims properly brought before the arbitrator and will include the essential findings and conclusions upon which the arbitrator based the award. This Arbitration Notice is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act. You may obtain copies of the current JAMS Streamlined Arbitration Rules, forms, and instructions for initiating an arbitration with JAMS by contacting JAMS online at www.jamsadr.com. Where there is a conflict or inconsistency between the JAMS Streamlined Arbitration Rules and procedures and this Arbitration Notice, this Notice will govern.

G. Confidentiality. You and Rater agree that any arbitration proceedings initiated hereunder shall be kept in strict confidence, meaning that you and Rater agree not to disclose or cause to be disclosed to any third party the dispute(s) to be arbitrated hereunder, or any of the underlying facts, circumstances, documents, and other materials relating to such dispute(s), except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law.

H. Severability. Except as provided in Section D, any provision of this Notice deemed unenforceable by a court of competent jurisdiction may be severed, and the remainder of the Notice shall be given full force and effect.

9. GOVERNING LAW AND FORUM

Subject to Section 8.F, your access to the App, Our Content, and any Member Content, any claims arising from or related to your relationship with Rater, and these Terms are governed and interpreted by the laws of the State of California. All claims arising out of or relating to these Terms and/or your relationship with Rater that for whatever reason are not submitted to arbitration, and all claims or cases challenging the enforceability or applicability of the arbitration provisions herein, will be litigated exclusively in the federal or state courts of Santa Clara County, California. You agree that such courts shall have personal jurisdiction and venue and waive any objection based on inconvenient forum. You agree that you will not file or participate in a class action against us.

10. DIGITAL MILLENNIUM COPYRIGHT ACT

Rater has adopted the following policy concerning copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) including all of the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted 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;
  3. Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail;
  5. A statement that you have 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
  6. A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

A DMCA Takedown Notice should be sent to Rater’s Copyright Agent at legal@raterdate.com.

11. COMMUNICATION BY ELECTRONIC MEANS

The communications between you and Rater may take place via electronic means, whether you use the APP or we send individual or Rater group emails, or whether Rater posts notices in the APP or communicates with you via email. For contractual purposes, you (i) consent to receive communications from Rater in electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications Rater provides to you electronically satisfy any requirement that it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. Sec. 7001 et. seq.

 

12. ENTIRE AGREEMENT

These Terms, with the Privacy Policy and Cookie Policy, contain the entire agreement between you and Rater regarding the use of our Services. The Terms supersede all previous agreements, representations, and arrangements between us, written or oral. If any provision of these Terms is held invalid, illegal, or otherwise unenforceable, subject to Section 8.D, the remainder of the Terms shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that your Rater account is non-transferable and all of your rights to your account and its content terminate upon your death, unless otherwise provided by law. Any rights and licenses granted hereunder, may not be transferred, or assigned by you, but may be assigned by us without restriction. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms, and you may not make any representations on behalf of or bind Rater in any manner.

 

13. EFFECTIVE DATE

These Terms were last updated on: June 15, 2021