1. SCOPE OF AGREEMENT; MODIFICATION
By using the Raange® Offerings, you agree to be bound by, and to comply with, the Agreement. If you are dissatisfied with the Raange® Offerings for any reason, you agree that your sole and exclusive remedy is to discontinue using the Raange® Offerings. The Agreement constitutes the entire and only agreement between you and Raange® with respect to your use of the Raange® Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings between you and Raange® with respect to the Raange® Offerings. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using any of the Raange® Offerings. By your continued use of any of the Raange® Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute or incurred charges). Therefore, you should regularly check the Site for updates and/or changes.
The Raange® Offerings are available only to individuals who are residents of the United States, who can enter into legally binding contracts under applicable law and that are at least eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in your jurisdiction). If you are under eighteen (18) years of age, or the age of majority in your jurisdiction if the age of majority is greater than eighteen (18) years of age, are unable to enter into legally binding contracts under applicable law and/or are not a citizen of the United States, you do not have permission to use and/or access the Raange® Offerings.
3. NECESSARY EQUIPMENT
You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Raange® Offerings. Raange® does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. Raange® does not guarantee that the Raange® Offerings can be accessed: (a) on all mobile devices; (b) through all wireless service plans; (c) in connection with all Internet browsers; and/or (d) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of the Raange® Offerings through your wireless device. You are fully responsible for all such charges and Raange® has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.
4. REGISTRATION; TERMINATION OF YOUR ACCOUNT
In order to register for a Site account (“Account”) and access the Raange® Offerings and/or enter a Contest, you must first fully complete the applicable registration form located at the Site (“Form”). Depending on which of the Raange® Offerings you are attempting to access, the information that you must supply on the Form may include some or all of the following: (a) full name; (b) full mailing address; (c) telephone number; (d) e-mail address; (e) your password; and (f) any other information requested on the Form (collectively, ” Registration Data”). Where you access certain of the Raange® Offerings using your Facebook® account, Raange® may collect some or all of the following (depending on your Facebook® account settings and the discretion of Facebook®): (i) your Facebook® public profile; (ii) the e-mail address associated with your Facebook® account; and (iii) any and all other information made available to Raange® by and through your Facebook® account (collectively, “Facebook® Registration Data”). In addition, where you enter a Contest and, where applicable, win a prize in connection therewith, Raange® may collect some or all of the following: (A) mailing address; (B) Social Security Number (for prize winners); (C) picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification (for prize winners); and (D) any other information requested in connection with the applicable Contest (collectively, “Contest Registration Data,” and together with the Form Registration Data and Facebook® Registration Data, the “Registration Data”).
If Raange® approves your Form, Raange® will set up your Account and may contact you directly, via email, SMS text message or other means. You are responsible for maintaining the confidentiality of your Account, user name and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your Account, user name and password.
Raange® may cancel your Account and/or terminate your access to the Raange® Offerings at any time and for any reason, in its sole discretion. Such reasons may include, without limitation, where Raange® believes that you are: (I) in any way in breach of the Agreement; and/or (II) engaged in any improper conduct in connection with the Raange® Offerings.
Facebook® is a registered trademark of Facebook Inc. (“Facebook”). Raange® is not in any way affiliated with Facebook, and neither Raange® nor the Raange® Offerings are endorsed or sponsored by Facebook.
Subject to the terms and conditions of the Agreement, end-users that possess the requisite technology shall have the opportunity to view, download and/or interact with all or some of the Content made available by and/or through the Site and/or other Raange® Offerings. The Content is compiled, distributed and displayed by Raange®, as well as third-party content providers, such as Merchants and/or advertisers (collectively, “Third-Party Providers”). Raange® does not control the Content provided by Third-Party Providers that is made available by and through the Raange® Offerings. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. Raange® does not represent or warrant that the Content and other information posted by and through the Raange® Offerings is accurate, complete, up-to-date or appropriate. You understand and agree that Raange® will not be responsible for, and Raange® undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Providers. You agree that Raange® shall have no obligation and incur no liability to such end-users in connection with any Content. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content.
From time-to-time, Raange® may make certain Merchant Promotions available to end-users, either online or at the applicable Merchant’s brick-and-mortar location. By providing true and accurate information in connection with the applicable Promotion Form(s), responding to all Promotions-related communications from Raange® and/or the applicable Merchant and agreeing to the terms and conditions applicable to each Promotion, end-users can obtain, or attempt to obtain, the special offer(s) made available in connection with each Promotion, if any. Each end-user understands and agrees that Raange® shall not be liable to such end-user or any third party for any claim in connection with that end-user’s participation in any of the Promotions.
From time-to-time, Raange® offers Contests by and through the Raange® Offerings. By providing true and accurate information in connection with the applicable Contest Form(s) and agreeing to the Contest Rules applicable to each Contest, end-users can obtain, or attempt to obtain, a chance to win the prizes and other awards offered through each Contest promotion, if any. Each end-user understands and agrees that Raange® shall not be liable to such end-user or any third party for any claim in connection with that end-user’s participation in any of the Contests.
The following terms and conditions apply to all Coupons made available by and through the Raange® Offerings, except as otherwise specified on (or in association with) a particular Coupon and except as otherwise required by law. All persons accepting, printing, using or attempting to use any Coupon (each, a “Consumer”) agree to the terms of this Section 8.
All Coupons are issued by the participating Merchants and made available by and through the Raange® Offerings. The Merchants are the holders and issuers of the Coupons and under no circumstances shall Raange® be deemed the holder, issuer or seller of any Coupon. The law applicable to the Coupons shall be the law of the state where the interaction between the applicable Merchant and applicable Consumer occurs. As the holder and issuer of a Coupon, each Merchant is solely responsible for the value and redemption of that Coupon and for any and all bodily injury, illness, damages, claims, liabilities and costs suffered by or relating to any Consumer and the compliance with all laws including, without limitation, unclaimed property and escheatment laws relating to that Coupon.
The Coupons may provide a discount price from the actual value of the applicable Merchant’s product(s) or service(s). The discount is available until the expiration date stated on the face of the Coupon. After a Coupon has expired, that Coupon may not be redeemed, nor does that Coupon have any value, unless otherwise required by law or allowed by the applicable Merchant. A Consumer’s redemption of a Coupon constitutes an acceptance of that redemption and a waiver of any and all claims associated with that Coupon. Coupons may not be redeemed for products or services other than those specified on the applicable Coupons or as otherwise specifically permitted by this Section 8.
Coupons are not transferable without notice to and acceptance of Raange® and/or the applicable Merchant(s), as applicable, unless such transfer is permitted pursuant to applicable law. No resale of Coupons is permitted unless such resale is permitted pursuant to applicable law. Coupons are not redeemable for cash (in whole or in part) and have no cash value except as required by applicable law. Coupons may not be combined with any other offer, coupon, promotion or discount or certificate and must be used in a single visit to the Merchant, except as required by applicable law. Neither Raange®, nor the applicable Merchant, is responsible for lost or stolen Coupons. Coupons should be treated as if the Coupons were cash. Coupons are subject to all limitations stated on (and/or associated with) the Coupons or imposed by the applicable Merchants. The issuance of any credits for Coupons is at the sole discretion of the applicable Merchants, except as required by applicable law. All restaurant Coupons are valid for dine in only unless otherwise stated on the applicable Coupons. Coupons may not be used for alcohol, prior balances, shipping or handling, tips, gratuities or other fees, except as expressly provided on the applicable Coupons, as allowed by the applicable Merchants or as otherwise permitted by applicable law. Unless otherwise stated on the applicable Coupon, the Coupon value does not include sales, value added or use taxes, which may be charged to the Consumer separately by the Merchant at the time that the Consumer redeems the Coupon. Any attempted redemption of a Coupon in violation of this Section 8 will render that Coupon void.
Each Consumer hereby knowingly fully waives and releases Raange® and its affiliates and their respective officers, directors, employees, shareholders, agents and representatives, from any and all injuries, liabilities, damages, claims and/or rights of any nature whatsoever arising from or related to any act or omission of any Merchant in connection with any Coupon, the provision of the services and products relating to any Coupon and/or compliance by any Merchant with applicable law including, without limitation, unclaimed property and escheatment laws. Raange’s® sole role is as the marketing agent for the Merchants, and the applicability of, and compliance with, any relevant law relating to any Coupon is solely determined by and the obligation of the applicable Merchants. In the event of a conflict between the Agreement and the terms and conditions associated with a Coupon, the terms and conditions associated with the Coupon itself will control.
Void where prohibited. Please be advised that Raange® does not itself provide the Coupons, or the associated products or services, and the ultimate terms and conditions of any such Coupons, and associated products and/or services, will be determined by the Merchants providing the Coupons. Raange® is not responsible for Coupons that are lost, late, illegible, misdirected, damaged, incomplete or incorrect.
The Coupons contain descriptions that are provided directly by the Merchants, manufacturers and/or distributors of such Coupons, as applicable. Raange® does not represent or warrant that the descriptions of such Coupons are accurate or complete. As a result, Raange® has no control over the quality, safety or legality of the Coupons. You understand and agree that Raange® is not responsible or liable in any manner whatsoever for: (a) your use of, or inability to use and/or qualify for, any Coupon; (b) for any dispute between you and any Merchant; or (c) any modification, suspension or discontinuation of any Coupon offered by any Merchant.
All taxes associated with the receipt and/or redemption of Coupons are the sole responsibility of the applicable Consumer.
9. INTERACTIVE SERVICES
(a) Subject to the restrictions contained herein including, without limitation, those contained below, the Interactive Services may allow end-users to post comments, and engage in other interactive communication, by and through the Raange® Offerings. In connection with the Interactive Services, each end-user shall be solely responsible for the comments, opinions, statements, offers, propositions, feedback and other content (collectively, “Feedback”) posted by and through the Interactive Services. Raange® reserves the right to prohibit any conduct by end-users, or to remove any materials or Feedback posted by end-users by and through the Interactive Services, that Raange® deems, in its sole and absolute discretion, to be in violation of the Agreement and/or which Raange® believes to be illegal, potentially harmful to others, otherwise objectionable or that same may expose Raange® to harm, damage to reputation or liability. Notwithstanding the foregoing, Raange® undertakes no responsibility to monitor or otherwise police the actions of end-users, Feedback and/or other material posted by end-users and/or other third parties. Raange® shall have no obligation and incur no liability to such end-users in connection with any Feedback. End-users may find certain Feedback to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when viewing Feedback. You agree to use the Interactive Services in a manner consistent with, and in full compliance with, any and all applicable laws and regulations.
(b) In connection with your use of the Interactive Services and other of the Raange® Offerings, you agree not to: (i) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (ii) display any audio files, text, photographs, videos or other images containing confidential information; (iii) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law; (iv) impersonate any person or entity; (v) “stalk” or otherwise harass any person; (vi) engage in unauthorized advertising to, or commercial solicitation of, other end-users; (vii) transmit any chain letters, spam or junk e-mail to other end-users; (viii) express or imply that any statements that you make are endorsed by Raange®, without Raange’s® specific prior written consent; (ix) harvest or collect personal information of other end-users whether or not for commercial purposes, without their express consent; (x) use any robot, spider, search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site and/or the Content; (xi) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xii) remove any copyright, trademark or other proprietary rights notices contained on the Site; (xiii) interfere with or disrupt the Site and/or the servers or networks connected to same; (xiv) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xv) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to mobile networks; (xvi) “frame” or “mirror” any part of the Site without Raange’s® prior written authorization; (xvii) use metatags or code or other devices containing any reference to any Raange® Offerings in order to direct any person to any other mobile application or website for any purpose; and/or (xviii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Raange® Offerings or any software used in or in connection with Raange® Offerings. Raange® reserves the right to pursue any and all legal remedies against end-users that engage in the aforementioned prohibited conduct.
End-users are solely responsible for their interactions with other end-users, Merchants, Third-Party Providers and third parties featured through the Raange® Offerings. Because Raange® is not involved in interactions with other end-users and third parties, in the event that you have a dispute with one or more end-users, Merchants, Third-Party Providers and/or other third-parties, you hereby release Raange® from any and all claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.
11. LICENSE GRANT
You are granted a non-exclusive, non-transferable, revocable and limited license to access and use certain portions of the Raange® Offerings, and associated Content in accordance with the Agreement. Raange® may terminate this license at any time for any or no reason. You may use the Raange® Offerings for your own personal, non-commercial use. Other than as expressly authorized, no part of the Raange® Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Raange® Offerings or any portion thereof. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect information from the Site except as expressly permitted by Raange®. Raange® reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Raange® Offerings. You may not take any action that imposes an unreasonable or disproportionately large load on Raange® infrastructure. Your right to use the Raange® Offerings is not transferable.
12. PROPRIETARY RIGHTS
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Raange® Offerings are protected under applicable copyright, trademark and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Raange® Offerings is strictly prohibited. You do not acquire ownership rights in or to the Raange® Offerings, or any content, document, software, services or other materials viewed at or through the Site or otherwise by and through the Raange® Offerings. “Raange” is a registered trademark of Raange, Inc. All Coupon trademarks, brand names, custom graphics, icons and service names are the intellectual property of their rightful owners including, without limitation, the applicable Merchants. The use of any Raange® trademark without Raange’s® express written consent is strictly prohibited. The use of any third party trademark without that party’s express written consent is strictly prohibited. The posting of information or material on the Site or otherwise by and through the Raange® Offerings by Raange® does not constitute a waiver of any right in or to such information and/or materials.
13. EDITING, DELETING AND MODIFICATION
We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site or otherwise by and through the Raange® Offerings.
You agree to indemnify and hold Raange®, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Raange® Offerings; (b) your breach of the Agreement; (c) any dispute between you and any end-user, Merchant, Third-Party Provider or other third party; (d) any claim that Raange® is obligated to pay any taxes in connection with your receipt and/or redemption of Coupons; and/or (e) your violation of any rights of another individual and/or entity. The provisions of this Section 14 are for the benefit of Raange®, its parent, subsidiaries and/or affiliates, and each of their respective members, officers, directors, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
15. DISCLAIMER OF WARRANTIES.
THE RAANGE® OFFERINGS, ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM ANY MERCHANTS AND/OR THIRD-PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR OR RECEIVE THROUGH THE RAANGE® OFFERINGS (COLLECTIVELY, THE “TOTAL OFFERINGS”) ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, RAANGE® MAKES NO WARRANTY THAT: (A) THE TOTAL OFFERINGS WILL MEET YOUR REQUIREMENTS; (B) THE TOTAL OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR COUPONS; (D) THE COUPONS WILL BE HONORED BY THE APPLICABLE MERCHANT; (E) YOU WILL REALIZE ANY ECONOMIC BENEFIT FROM THE COUPONS OR OTHER TOTAL OFFERINGS; OR (F) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TOTAL OFFERINGS WILL BE ACCURATE OR RELIABLE. THE TOTAL OFFERINGS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE RAANGE® OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RAANGE®, ANY MERCHANTS, THIRD-PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE SITE OR OTHER RAANGE® OFFERINGS, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RAANGE® SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RAANGE® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE TOTAL OFFERINGS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE RAANGE® OFFERINGS; (C) THE FAILURE TO QUALIFY FOR COUPONS FROM ANY MERCHANT, OR ANY SUBSEQUENT DENIAL OF PRODUCTS AND/OR SERVICES FROM SAME; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (E) WHETHER THE COUPONS ARE HONORED BY THE APPLICABLE MERCHANT; (F) WHETHER YOU REALIZE ANY ECONOMIC BENEFIT FROM USE OF THE RAANGE® OFFERINGS; AND (G) ANY OTHER MATTER RELATING TO THE TOTAL OFFERINGS. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER CAUSES OF ACTION. YOU HEREBY RELEASE RAANGE® FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF RAANGE® TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND RAANGE®. THE ABILITY TO USE THE TOTAL OFFERINGS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
17. THIRD PARTY WEBSITES.
You may be transferred to Merchant, Third-Party Provider and other third-party owned or operated websites through links or frames contained on the Site or otherwise made available by and through the Raange® Offerings. You are cautioned to read such websites’ terms and conditions and privacy policies before using such websites in order to be aware of the rules governing your use of such websites and their use of your personal and non-personal information. Because Raange® has no control over such third party websites and/or resources, you hereby acknowledge and agree that Raange® is not responsible for the availability of such third party websites and/or resources. Furthermore, Raange® does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials on or made available from such third party websites or resources, or for any damages and/or losses arising therefrom. The inclusion of a link or frame to such websites does not imply endorsement of such Merchant, Third-Party Provider and/or its/their respective website(s) by Raange® and any association with the operator(s) is provided solely for your convenience. You agree that Raange® has no liability whatsoever in connection with such third party websites and/or your usage thereof.
18. LEGAL WARNING
Any attempt by any individual, whether or not a Raange® customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of any of the Raange® Offerings is a violation of criminal and civil law and Raange® will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and/or in equity.
19. DISPUTE RESOLUTION PROVISIONS
The Agreement shall be treated as though it were executed and performed in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Raange® Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties in New York, NY, in accordance with the then current commercial arbitration rules of a reputable arbitration organization as mutually agreed upon by the parties; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is also available on the Site here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Raange® and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Raange® incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with any Raange® Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Notwithstanding the foregoing, to the extent that there is any inconsistency between these Terms and Conditions and: (a) any Official Contest Rules, insofar as an applicable Contest promotion is concerned, the Official Contest Rules shall govern; and (b) any Coupon terms, insofar as a Coupon is concerned, the applicable Coupon terms shall govern. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Raange® may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without any notice to you. The Agreement, may not however, be assigned by you, and you may not delegate your duties under the Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
21. CALIFORNIA USER CONSUMER RIGHTS
In accordance with Cal. Civ. Code Sec. 1789.3, California State resident end-users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to email@example.com.
22. CONTACTING US
If you have questions about the Raange® Offerings or the Agreement, please e-mail us at: firstname.lastname@example.org; call us at: 1-844-762-2643; and send us mail to: RAANGE Interactive, Inc., 6500 Trans-Canadian Highway, Suite 400, Pointe-Claire (Montreal), Quebec, Canada H9R 0A5