Raintree Systems Idea & Innovation Community


PLEASE READ THESE USER TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. The following constitute the terms of Terms and Conditions (“Terms and Conditions”) between you (“you”, “your”, “customer”, “partner”) and Raintree Systems, Inc. (referred to as the “Company,” “Raintree Systems,” “we,” or “us”) with respect to your use of this web site (“Site”). The Company operates this Site as an on-line idea submission, information sharing, and community social networking site including all text, surveys, audio-visual works, communications, content, information, forum communications, materials, documents, products, software, logos, graphics, sounds, images, data, services, and the underlying intellectual property rights thereto (collectively the “Content”). By accessing, using or downloading any Content from this Site, you acknowledge your agreement to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, please do not access this Site or otherwise use or download Content from this Site. We reserve the right to update or modify these Terms and Conditions at any time, and without prior notice to you. Your use of the Site following such modification or update constitutes your acceptance to be bound by these Terms and Conditions as changed or modified. We encourage you to read through and review these Terms and Conditions each time you access the Site. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, YOU MUST NOT USE THIS SITE. 1. Disclaimer. The Content on this Site is presented in a summary fashion, and is intended to be used for informational purposes only. Raintree Systems does not endorse or warrant any product, service or Content contained in this Site. You agree that by using this Site, you will assume sole responsibility to exercise your own judgment when participating in any activity, relying on any Content, or otherwise engaging with other users in any forum communities, and we disclaim all responsibility for any advice, suggestions, courses of action, counseling, instruction or Content provided on this Site, including without limitation, Content provided to you by other users. Further, you should not rely upon claims of qualifications or other authoritative assertions made by other users. 2. Ownership. You acknowledge that you are solely responsible for all materials, text, entries, communications, content, information, forum contributions, materials, pictures and any video links or other materials provided by or contributed by you on this Site (collectively, the “User Generated Content”). You further agree that you either own all User Generated Content provided by you or that you properly obtained it from the appropriate owner with full permissions to post such User Generated Content on the Site. The Content is protected by copyright, trade dress and other laws and may not be copied or imitated in whole or in part. All product names, company names, marks, logos, and symbols may be the trademarks of their respective owners. As a condition of using this Site, you hereby license to Raintree Systems, a non-exclusive, irrevocable, worldwide, perpetual, royalty-free right and license to display or remove the User Generated Content on its Site. Your access and use of this Site shall be construed as sufficient consideration for such license. You shall not post any User Generated Content on this Site which violates or infringes upon third party intellectual property, trade secrets or privacy rights. 3. Nature of Services. Our Site contains a variety of online communications tools and services including forums, bulletin boards, blogs, rating tools, personal pages, and other types of features at no charge to you. We make no warranty regarding the quality or availability of the Site, and we reserve the right to suspend. Modify or terminate access to the Site and correlating services at any time and without notice. You agree that Company will not be liable to you or any third party for any modification, suspension or termination of the Site, including, without limitation, loss of data, personal settings or other foreseeable or unforeseeable damages related thereto. You also agree that we may, in our discretion and without notice or further consent from you, migrate all of your User Generated Content and User data to a new software platform with the intent of providing Users with additional features and developments on the Site. 4. License. We hereby grant you the right to view and use this Site in accordance with these Terms and Conditions. You may download and/or print a copy of the Content for your personal and non-commercial use only (the “Permitted Uses”) provided the Content is not modified in any way and all copyright and other proprietary notices are kept intact. You agree to use the Content lawfully and only for the Permitted Uses. No other use of the Content is permitted. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s). 5. Trademarks. All of the trademarks, service marks, and logos displayed on this Site (the “Trademarks”) are registered and unregistered trademarks of Raintree Systems, its affiliates, or third parties. Nothing in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks without our express written permission or the express written permission of the applicable third party. Except as expressly provided in this Agreement, any use of the Trademarks is expressly prohibited. 6. Usage Rules. We reserve the right to deny you access to any and all parts of this Site and suspend or terminate your account, for any reason or no reason, and at our sole discretion. The following rules shall govern your conduct regarding the use of the Site. (a) Unlawful Purposes. In order to create a hospitable environment for all of our users, certain types of activities and communications are prohibited. As a condition of your use of the Site, you agree that you will not use the Content for any purpose that is unlawful or prohibited by these Terms and Conditions. You also agree that you are responsible for User Generated Content that is sent through your account to any discussion group or forum or any other part of the Site. You may not post or transmit any message which discloses private or personal matters concerning any person other than yourself. (b) Unsolicited Information. This Site may provide opportunities to provide us feedback regarding the Site and our various offerings and other unsolicited submissions (collectively “Unsolicited Information”). You may only provide Unsolicited Information that conforms to these Terms and Conditions. We welcome your comments and feedback concerning the Site, but we do not accept or consider other unsolicited ideas, including ideas for new advertising campaigns, new promotions, new technologies, processes, materials or marketing plans. Accordingly, please do not send such unsolicited ideas to us. By providing Unsolicited Information, you thereby grant us a perpetual, royalty-free, fully paid up and irrevocable right and license to use, reproduce, modify, publicly display, distribute, transmit, sublicense, create derivative works from, transfer, sublicense and sell such Unsolicited Information. (c) Prohibition on Use by Minors Under The Age of 13. This Site is intended for an adult audience and CHILDREN UNDER THE AGE OF THIRTEEN ARE NOT PERMITTED TO SUBMIT ANY USER GENERATED CONTENT, PERSONAL DATA OR UNSOLICITED INFORMATION. (d) No Monitoring of Forums. In order to promote a level of candor and trust, the chat rooms and forum discussions on this Site, in general, are not guaranteed to be monitored for unacceptable use, nor is there any guarantee that your User Generated Content will remain confidential or secure. Further, no statements made in the chat rooms and forum discussions will be authenticated or endorsed by us. However, we may in our sole discretion, but without the obligation, choose to monitor such forum discussions, chats or any other communication feature on the Site as part of an investigation of reported abuses or otherwise where we may deem appropriate. We reserve the right to block transmission of, and or remove any User Generated Content that you send to any discussion group, at any time, for any reason, and without prior notice to you. (e) Unauthorized access. You shall not permit any other person (other than an agent acting on your behalf and subject to your direct supervision) to access the Site using your account for any purpose. (f) Infringing User Generated Content. You shall not upload, email, post, transmit or otherwise make available any User Generated Content that would violate or infringe upon the intellectual property (including patents, trademarks, trade dress, service marks and copyrights), trade secrets, privacy or other proprietary rights of others (collectively the “Proprietary Rights”), unless you are the owner of the Proprietary Rights or have the permission of its owner to post such User Generated Content. Proprietary Rights include, without limitation, text, images or programs, photographs, signatures, images, likenesses, voice, trade secrets or other confidential proprietary information, copyrighted materials, and trademarks or service marks. Additionally, you shall not upload, post, email, transmit or otherwise make available any User Generated Content that promotes an illegal or unauthorized copy of the copyrighted work of another, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files. (g) Interference with Other Users’ Use. You shall not interfere with other users’ use of the Site, including, without limitation, disrupting the normal flow of dialogue in a chat room or forum discussion, spamming or otherwise using abusive tactics to deter others from participating in the forums or discussions. Notwithstanding this, users can voluntarily form closed forums, which are inaccessible by other users without violating this provision. (h) Harmful Code. You may not post or transmit any file to this Site or to any other user which contains viruses, worms, time bombs, Trojan horses or any other contaminating or destructive code. (i) Abusive Conduct. You shall not upload, post, email, link to, transmit or otherwise make available any User Generated Content or Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, abusive, hateful, vulgar, indecent, obscene, lewd, lascivious, pornographic, libelous, defamatory, invasive of another’s privacy, hateful or promoting racism, bigotry, hatred or physical harm of any kind against any group or individual. It is not our intent to discourage users from taking controversial positions or expressing vigorously what may be unpopular views; however, we reserve the right to take such action as we deem appropriate in cases where the User Generated Content is being used to disseminate statements which are deeply and widely offensive and/or harmful. However, we are not obligated to take any action. (j) Unsolicited Communications Prohibited. You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services. (k) Other Prohibited Activities. You agree not to use the Site (or assist or encourage others to use the Site) in order to: 1. “Stalk” or otherwise harass any person, or contact any person who has requested not to be contacted; 2. Exploit people in a sexual or violent manner; 3. Solicit personal information from anyone under the age of 18; 4. Solicit passwords or personal identifying information for commercial or unlawful purposes from other users; 5. Impersonate another person or entity, whether or not a user of the Site; 6. Upload, post, email, transmit or otherwise make available restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); 7. Upload, post, email, transmit or otherwise make available any User Generated Content that provides instructional information about illegal activities such as making or buying illegal weapons or promote physical harm or injury against any group or individual, violating someone’s privacy, or providing or creating computer viruses; 8. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels stating the origin or source of software or other material contained in a file that is posted; 9. Promote, engage or otherwise make available any unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, disruptive commercial messages, false or misleading information or any other form of solicitation; 10. Attempt to sell, modify, reverse engineer, disassemble, decompile, frame, decrypt, decompile, create derivative works of or otherwise exploit for any commercial purpose the Site, any portions thereof (including the Content), or any systems of Raintree Systems, or its affiliated organizations without Raintree Systems, prior written consent; 11. Do anything that may interfere with the operation of the Site, including, but not limited to, hacking, spamming and flood attacking; 12. Remove any copyright, trademark or other proprietary rights notices contained in or on the Site; 13. Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; 14. Attempt to harvest, scrape, copy or otherwise collect information, User Generated Content or Content from the Site, to retrieve or index any portion of the Site or collect information about Company users for any purpose not expressly authorized by Company, including, without limitation, republishing the same on a third party website, either manually or through any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, site search/retrieval application, intelligent agents or other device); 15. Access content or data not intended for you, or log onto a server or account that you are not authorized to access; 16. Submit User Generated Content that falsely expresses or implies that such User Generated Content is sponsored or endorsed by Company; 17. Create user accounts by automated means, or under false or fraudulent pretenses; or provide false, misleading or inaccurate information to Company or any other user; 18. Impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; 19. Use “ad blocking” software or similar built-in web browser options designed to hide, block or prevent the proper display of online advertising (if any) while using the Sites; 20. Modify or change the placement and location of any advertisement, if any, while using the Sites; 21. Harvest or otherwise collect information about Company users, including email addresses, passwords, user names and phone numbers; 22. Use the Site to solicit or recruit Company users or Domain Administrators to another Site; or 23. Cover or obscure the banner advertisements on your personal profile page, or any Company page via HTML/CSS or any other means. Any violation of this section may subject you to civil and/or criminal liability. Additionally, if you commit any of the above, Company may, in its sole discretion, and without limiting any of their other remedies, terminate your password, account or ability to use the Site, and remove and discard any User Generated Content within the Site. International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or to or from your country of residence and expressly consent to and acknowledge that by using the Site they may be transferring personal data to the United States without any liability or obligation on the part of Company except as set forth in this Agreement and in Company’s Privacy Policy. Although Company cannot monitor the conduct of its users off the website, it is also a violation of these rules to use any information obtained from the Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect our users from such advertising or solicitation, Company reserves the right to restrict the number of system-generated emails which a user may send to other users in any 24-hour period to a number which Company deems appropriate in its sole discretion. 7. No Review of Postings & Uploads. The Company does not and cannot review, and is therefore not responsible for, any User Generated Content posted or uploaded to the Site. MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA OR FORUM SHOULD NOT BE CONSTRUED AS AUTHORITATIVE ADVICE OR INSTRUCTION. 8. Domain Administrators. Any person designated as a domain administrator to administer and curate a forum or domain (each, a “Domain Administrator”) has additional capabilities and responsibilities with regard to the Users, users, and User Generated Content in any forum they administer. The Company and/or the Domain Administrator decides whether the domain they administer or any portion thereof is restricted to certain users or accessible to the public generally, and unless otherwise prohibited by Company, the Domain Administrator may change the access to such domain or any portion thereof at any time. In restricted areas, the Domain Administrator decides who may be a user, and can access and change the user list for the domain they administer subject to Company’s approval, which may be withheld in its sole discretion. A Domain Administrator may, at any time, transfer his or her administration of a domain to another user upon written approval of the Company. Any replacement Domain Administrator shall also be subject to any of Company’s then-current published rules governing Domain Administrators, if any. In regard to User Generated Content, a Domain Administrator shall be responsible for the maintenance and monitoring of the User Generated Content in the domain(s) they administer, including deciding to and deleting any domain, User Generated Content or archived User Generated Content at any time and in his or her reasonable discretion. Company may, at any time and in its sole discretion, override Domain Administrator’s decisions and reverse the Domain Administrator’s actions. Under no circumstances shall a Domain Administrator be considered an owner of the forum or domain or retain any rights to the User Generated Content posted by other Company users on such forum or domain. Any Domain Administrator can be removed from their position and blocked from accessing the Site at any time, without or without cause, and without notice by the Company. Domain Administrators must accurately categorize the group(s) they manage using the categorization tools provided by the Company. Categorization must be accurate and updated immediately should the Content of a domain no longer be represented by the previous categorization. 9. Procedures for Claimed Copyright Infringement. We respect the intellectual property rights of others, and ask that you do the same. As such, the infringement of others’ intellectual property rights will not be tolerated and may result in the suspension or termination of the infringing party’s account. Please note that we can only address infringing materials posted on our Site that have been reported to us, and cannot be responsible if any User Generated Content is repurposed or otherwise copied from the Site and used in other mediums prior to us removing such infringing content. If you believe that your work has been copied in a way that constitutes copyright infringement, in accordance with the Digital Millennium Copyright Act, please provide the following information to our agent: (a) your full name, address, telephone number, name of the forum and email address (also, please provide information, if possible, sufficient to permit Raintree Systems, to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred); (b) a detailed description of the copyrighted work that you claim has been infringed (for example, “The copyrighted work at issue is the post titled “How to fix your fridge” that appears on http://www.infringing forum.com/infringe_page.html).. (c) a description of where the material you claim is infringing is located on the Site. You must identify each thread or post that is a potential infringement. Additionally, you must provide a timestamp of your original thread or post and a timestamp of the thread or post on the forum that is potentially infringing. This requires you to provide: (i) the URL for each allegedly infringing post and (ii) the exact time that each thread was posted.. For example, suppose (hypothetically) that you owned a forum named myforum.com and you located material that you claim is infringing your copyrighted work. In this case, you would provide the following information: Myforum.com thread link: http://www.myforum.com/forum/12423.html Posted on 12:02 AM 12/12/10. Infringingforum.com thread link: http://www.infringingforum.com/forum/13.html Posted on 12:30 AM 12/12/10. (d) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law (e.g. “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”); (e) A statement made by you, under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf (e.g. “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”); (f) an electronic or physical signature of the person authorized to act on behalf of the copyright owner (e.g. if sent within an email rather than in a physical document or a digital document attached to an email, the authorized person’s name typed followed by “//s//”, which will serve as an electronic signature); and (g) Our agent may be contacted as follows: itgroup@raintreeinc.com ; What We Do When We Receive A Proper DMCA Notice Company will follow the procedures provided in the DCMA, which prescribed a notice and takedown procedure, subject to the webmaster’s right to submit a Counter-notification claiming lawful use of the disabled works. Notice and Takedown Procedure It is expected that all users of any part of Raintree Systems,’s Network will comply with applicable copyright laws. However, if Raintree Systems, is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. Raintree Systems, will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its Designated Agent. You may protest a DMCA notice by submitting a Counter-notification as described below. Writing and Submitting a Counter-notification If material on your forum is removed or your forum is disabled due to operation of the Company notice and takedown procedure described above, and you believe the takedown was improper, you must submit a Counter-notification. Writing a Counter-notification To write a proper counter-notification, please provide the following information: 1. Identify the specific URLs or other unique identifying information of material that Company has removed or to which Company has disabled access. 2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Los Angeles County, California if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA take-down notification or their agent. 3. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown.” 4. Sign the counter-notification either electronically or physically. 5. Send the written communication to the following address: itgroup@raintreeinc.com 10. Data Back-up. We are not responsible for backing up your data or any User Generated Content or other type of data attributed to your participation in forums or use of the Site. YOU EXPRESSLY AGREE TO ASSUME THE SOLE RISK OF BACKING UP ALL USER GENERATED CONTENT THAT YOU CONTRIBUTE TO THE SITE AND EXPRESSLY AGREE THAT WE WILL HAVE NO LIABILITY WITH RESPECT TO LOST USER GENERATED CONTENT, WHETHER YOUR OWN OR THAT BELONGING TO THIRD PARTIES. 11. Disclaimers. a. Geographic Disclaimer. The Site is administered by the Company from San Diego, California and is intended solely for users who are US residents. Access to the Site and the Content as well as the terms of our Privacy Policy (incorporated by this reference), may not be legal for some persons or in some countries outside the United States. Additionally, if you elect to access and use the Site and Content from outside of the United States, you do so at your own risk and are solely responsible for complying with all applicable laws and regulations. b. DISCLAIMER OF WARRANTIES. THIS SITE, USER GENERATED CONTENT AND THE CONTENT ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE., TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE CONTENT, PRODUCTS, SERVICES AND ALL OTHER INFORMATION CONTAINED ON AND/OR MADE AVAILABLE THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THIS SITE, LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR ANY FAILURE TO PROVIDE THE SITE OR ACCESS THERETO BY USERS. WE DO NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS OR ACCURACY OF THE CONTENT. ALTHOUGH WE MAY UPDATE THE CONTENT ON THIS SITE FROM TIME TO TIME, PLEASE NOTE THAT INFORMATION CONTAINED HEREIN MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. 12. Indemnification. You agree to indemnify, defend and hold harmless the Company, its affiliates, officers, directors, employees, agents, information providers, partners, advertisers and suppliers (the “The Protected Parties”) from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from (a) provision of Unsolicited Information or User Generated Content by you, or (b) your use of the Content or Site; and/or (c) your breach of the terms of these Terms and Conditions, (including infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Site using your account. 13. WAIVER, RELEASE AND LIMITATION OF LIABILITY. YOU AGREE THAT NONE OF THE PROTECTED PARTIES SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE PROTECTED PARTIES (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ANY OF THE PROTECTED PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE. NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF THE PROTECTED PARTIES, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER TO THE COMPANY FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL ANY OF THE PROTECTED PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THIS SITE OR THE CONTENT EVEN IF THE PROTECTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NONE OF PROTECTED PARTIES WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSSES, DAMAGE OR DESTRUCTION OF DATA, INCLUDING, WITHOUT LIMITATION, LOSS OF ALL YOUR USER GENERATED CONTENT, THAT AND DAMAGES OR LOSSES YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS SITE OR OUR EQUIPMENT, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS SITE AVAILABLE TO YOU OR COLLECTING THE DATA CONTAINED THEREIN, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO OR YOUR INABILITY TO ACCESS THE SITE, THE CONTENT, OR YOUR USER GENERATED CONTENT WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF ANY OF THE PROTECTED PARTIES. SOME STATES DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY AS SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION DOES NOT APPLY TO BE INVALID OR UNENFORCEABLE, FOR ANY REASON, THAN UNDER THOSE CIRCUMSTANCES, THE AGGREGATE LIABILITY OF THE PROTECTED PARTIES SHALL NOT EXCEED ONE HUNDRED ($100) DOLLARS. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE; ALL LIMITATIONS OF LIABILITY, DISCLAIMERS OF LIABILITY, AND EXCLUSIONS OF LIABILITY SHALL REMAIN IN EFFECT. 14. Third Party Rights. The provisions of paragraphs 12 (Indemnification) and 13 (Waiver, Release and Limitation of Liability) are for the benefit of the Protected Parties. Each of the Protected Parties shall have the right to assert and enforce those provisions directly against you on its own behalf. 15. User Representations. You represent and warrant that you are at least the age of majority in your jurisdiction and that you possess the legal right and ability to enter into these Terms and Conditions and to use the Site in accordance with these Terms and Conditions. If you are not at least the age of majority, but are at least 13 years of age, you may have a parent or guardian accept these terms on your behalf . You agree to be financially responsible for your use of the Site (as well as for use of your account by others (whether authorized or unauthorized), including use by any minors living with you) and to comply with your responsibilities and obligations as stated in these Terms and Conditions. 16. Miscellaneous. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regarding provisions relating to conflicts of law. You agree that any legal action or proceeding between the Company and you for any purpose concerning these Terms and Conditions or the parties’ obligations hereunder shall be resolved individually, without resort to any form of class action, exclusively in the state or federal courts located at Los Angeles, California, USA, and we both expressly consent to such jurisdiction. These Terms and Conditions constitute the entire Agreement between Raintree Systems, and you with respect to your access and use of the Site. Any failure by us to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. If any provision hereof shall be held to be invalid or unenforceable, then such provision shall be reformed to the extent necessary to make such provision valid and enforceable when so applied. We may assign our rights and duties under these Terms and Conditions to any party at any time without notice to you. 17. Notice. We may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the Site, or by written communication delivered by first class U. S. mail to your address on record in your account information, if any. You may give notice to us at any time by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address: Raintree Systems, Inc. 27307 Via Industria Temecula, CA 92590 Attn: Legal Department