Terms & Conditions
Welcome to BE R.A.W! BE R.A.W provides our website located at www.be-raw.com (the “Site”) and our services accessible via our Site and our mobile device application (“App”). The Site, our App and all services made available via our Site and App are collectively called the “Services.” Please read these Terms of Service (the “Terms”) carefully because they govern your use of our Services.
Please read these Terms of Service (the “Terms”) carefully because they describe your rights and responsibilities in your use of BE R.A.W’s Services what you can expect from us.
The Services are operated and provided to you by S2 New Beginnings, Inc., a California corporation dba “BE R.A.W,” located at 8654 Washington Blvd., Culver City, CA 90232.
Agreement to Terms
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, you should immediately cease any use of our Services.
Changes to Services or Terms
We reserve the right to modify or discontinue all or any part of the Services, at any time and without notice, is our sole discretion.
From time to time, BE R.A.W may amend these Terms, in our discretion. When we do so, we will post the modified Terms on the Site. We also may inform of such changes via email or other electronic communications.
If you continue to use the Services after modified Terms have been posted on the Site, you accept and agree to be bound by the modified Terms. If you do not agree to be so bound, then you should immediately cease any use of our Services.
Who May Use the Services
You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law. To make a purchase via the Services (described in the Section titled “Purchases” below), you must be 18 years or older and capable of forming a binding contract.
Registration and Your Information
The use of certain features of the Services require the creation of an account (“Account”). This can be done either via the App or the Site or through your account with certain third-party social networking services such as Facebook (each, an “SNS Account”). If you choose the SNS Account option we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.
You agree to update your Account information, as needed, in order to keep it accurate, complete and up-to-date, at all times. If you fail to do so, we reserve the right in our discretion to suspend or terminate your Account.
You are responsible for all activities that occur under your Account, whether or not you know about them. Therefore, you should not disclose your Account password to anyone and agree to notify us immediately of any unauthorized use of your Account.
Using the Services
Via the Services, users can select from a variety of options to create a customized experience. You can also use the paid functionality of the Services to utilize the enhanced functionality of the Services or purchase items that are offered for sale through the Services (the “Products”), as described in further detail under the Section titled “Purchases” below.
YOU UNDERSTAND AND AGREE THAT THE SERVICES, PRODUCTS AND ANY OTHER INFORMATION YOU LEARN FROM BE R.A.W ARE NOT INTENDED, DESIGNED, OR IMPLIED TO DIAGNOSE, PREVENT, OR TREAT ANY CONDITION OR DISEASE, TO ASCERTAIN THE STATE OF YOUR HEALTH, OR TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE. NOT ALL ACTIVITIES DESCRIBED ON THE SERVICES OR PRODUCTS ARE SUITABLE FOR EVERYONE. DO NOT USE THE SERVICES WHILE DRIVING, OPERATING HEAVY MACHINERY, OR PERFORMING OTHER TASKS THAT REQUIRE ATTENTION AND CONCENTRATION. YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICES.
BE R.A.W offers certain enhanced features of the Services which you can purchase as a monthly or annual Subscription (“Subscription”). A description of features associated with Subscriptions is available via the Services. When you purchase a Subscription or a Product (each, a “Transaction”), we may ask you to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card and your address(es) for billing and delivery (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction through the Services will be presented to you before you place your order. If you choose to initiate a Transaction via the Services, you authorize us to provide your Payment Information to third party service providers so we can complete your Transaction and agree (a) to pay the applicable fees and any taxes; (b) that BE R.A.W may charge your credit card or third party payment processing account, including, but not limited to, your account with the app store or distribution platform (like the Apple App Store, Google Play or the Amazon Appstore) where the App is made available (each, an “App Provider”), for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. You will receive a confirmation email after we confirm the payment for your order. Your order is not binding on BE R.A.W until accepted and confirmed by BE R.A.W. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.
If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with BE R.A.W.
BE R.A.W reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances BE R.A.W deems appropriate in its sole discretion. BE R.A.W also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). BE R.A.W will either not charge you or refund the charges for orders that we do not process or cancel.
Title, Risk of Loss
The risk of loss and title for Products purchased by you pass from BE R.A.W to you on shipment from BE R.A.W’s facility. All shipments are governed in accordance to BE R.A.W’s standard Shipping Terms.
If for any reason, you are not satisfied with the Product you have purchased and you want to return the Product, please refer to our Return Policy for information on how you may return eligible Products.
Automatic Renewal Until You Cancel Your Subscription & How to Cancel Your Subscription
All amounts are payable and charged at the beginning of the applicable Subscription, whether monthly or annual. Each such Subscription renews automatically for an additional period equal in length to the expiring Subscription period (i.e. monthly or annually) until you cancel it , using the Payment Information you have provided.
To avoid payment for the next applicable Subscription period, you must cancel your monthly or annual Subscription before it automatically renews. If you purchase your Subscription via the Site, you can cancel the renewal of your Subscription at any time by contacting us by email at firstname.lastname@example.org . If you purchase your Subscription via an App Provider, you can cancel the renewal of your Subscription at any time with the App Provider. You will not receive a refund for the fees you already paid for your current Subscription period and you will continue to receive the Services ordered until the end of your current Subscription period.
Changes to Price Terms for Subscriptions
BE R.A.W reserves the right to change its pricing terms for Subscriptions at any time and BE R.A.W will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to BE R.A.W’s pricing terms then you may choose not to renew your Subscription in accordance with the section “Automatic Renewal Until You Cancel Your Subscription & How to Cancel Your Subscription.”
You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by BE R.A.W regarding future functionality or features.
We welcome feedback, comments and suggestions for improvements to the Services or Products (“Feedback”). You can submit Feedback by emailing us at email@example.com . You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Content and Content Rights
For purposes of these Terms, (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that users (including you) provide to be made available through the Services but does not include “User Analytics.” Content includes without limitation User Content. User Analytics refers to the analytics which appear on a User’s personal dashboard based on the User’s use of the App, including (without limitation):
- What emotions user has selected and how many times
- What modalities user has selected and how many times
- How each modality has helped user improve specific emotional states
- Which modalities have been most effective for user
- User’s average improvement overall
- The modality that gives User the best results
User Analytics does not include the information a user inputs into such user’s journal on user’s dashboard “User Journal Entries”). At no time will BE R.A.W have any access to the User Journal Entries, which shall remain the individual user’s personal confidential information.
BE R.A.W does not claim any ownership rights in any User Content or User Journal Entries and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content and User Journal Entries.
Subject to the foregoing, BE R.A.W and its licensors exclusively own all right, title and interest in and to the Services and Content (exclusive of User Content and User Journal Entries), including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You
By making any User Content available through Services you hereby grant to BE R.A.W a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other users.
Rights in Content Granted by BE R.A.W
Subject to your compliance with these Terms, BE R.A.W grants you a limited, non-exclusive, non-transferable, non-sub-licensable license to download, view, copy and display the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Copyright and DMCA.
If you believe Content on BE R.A.W infringes your copyright, you can reach our notification agent at S2 New Beginnings, Inc., 8654 2934 Beverly Glen Circle, Unit 302, Los Angeles, CA 90077. Phone: (424) 522-6333. Email: firstname.lastname@example.org . Your notice must satisfy the requirements enumerated in 17 U.S.C. §512(c)(3).
Rights and Terms for Apps
Rights in App Granted by BE R.A.W
Subject to your compliance with these Terms, BE R.A.W grants you a limited non-exclusive, non-transferable, non-sub-licensable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. BE R.A.W reserves all rights in and to the App not expressly granted to you under these Terms. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means.
Additional Terms for App Store Apps
If you access or download the App from the Apple Store, then you agree to use the App only: (i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.
If you access or download the App from an App Provider, then you acknowledge and agree that:
- These Terms govern the relationship between you and BE R.A.W and do not constitute an agreement between you and the App Provider; BE R.A.W (as opposed to the App Provider) is solely responsible for the App.
- App Provider has no obligation to furnish any maintenance and support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of BE R.A.W.
- App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, BE R.A.W will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
- You must also comply with all applicable third-party terms of service when using the App.
- You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
- Use, display, mirror or frame the Services, or any individual element within the Services, BE R.A.W’s name, any BE R.A.W trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without BE R.A.W’s express written consent;
- Access, tamper with, or use non-public areas of the Services, BE R.A.W’s computer systems, or the technical delivery systems of BE R.A.W’s providers;
- Attempt to probe, scan, or test the vulnerability of any BE R.A.W system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by BE R.A.W or any of BE R.A.W’s providers or any other third party (including another user) to protect the Services;
- Attempt to access or search the Services or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by BE R.A.W or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a BE R.A.W trademark, logo URL or product name without BE R.A.W’s express written consent;
- Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Although we are not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
BE R.A.W, the BE R.A.W logo and all other BE R.A.W product or service marks are trademarks of BE R.A.W. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the Site, App or Products are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed on Site, App or Products is strictly prohibited. BE R.A.W will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
Links to Third Party Websites or Resources
The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We do not review or endorse any of those websites or services. We are not responsible in any way for:(a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites or services.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at email@example.com. If you purchased your Subscription via an App Provider, you should also cancel your Subscription with the App Provider directly. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which, by their nature, should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
The Services, Products and Content are provided “as is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement and any warranties arising out of course of dealing or usage of trade.
We make no warranty that the Services or Products will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
BE R.A.W is a provider of online and mobile content in the health & wellness space. We are not a health care or medical device provider, nor should our Services or Products be considered medical advice. Only your physician or other health care provider can do that. BE R.A.W makes no claims, representations or guarantees that the Services or Products provide a therapeutic benefit.
Any health information and links, whether provided by BE R.A.W or by contract from outside providers, is provided simply for your convenience.
Any advice or other materials presented on the Site, APP or in the Products are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of Site, App or the Products.
There have been rare reports where people with certain psychiatric problems like anxiety and depression have experienced worsening conditions in conjunction with intensive meditation practice. People with existing mental health conditions should speak with their health care providers before starting a meditation practice.
Consult a physician before undertaking any exercise program offered through our Site or App. It is your responsibility to evaluate your own medical and physical condition and to independently determine whether to perform, use or adapt any information or content on this Site or the App. Any exercise program may result in injury. By voluntarily undertaking any exercise displayed on this Site or the App, you assume the risk of any resulting injury and BE R.A.W is not responsible or liable for any injuries or damages you may sustain that result from your undertaking any exercise program displayed on the Site or App.
You will indemnify and hold harmless BE R.A.W and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content or (ii) your violation of these Terms.
Limitation of Liability
Neither BE R.A.W nor any other party involved in creating, producing, or delivering the Services, Products or Content will be liable for any incidental, special, exemplary or consequential damages, including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute Services or Products arising out of or in connection with these terms or from the use of or inability to use the Services, Products or Content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not BE R.A.W has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
In no event will BE R.A.W’s total liability arising out of or in connection with these terms or from the use of or inability to use the Services, Products or Content exceed the amounts you have paid to BE R.A.W for use of the Services, Products or Content or fifty dollars ($50), if you have not had any payment obligations to BE R.A.W, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between BE R.A.W and you.
Unless you opt out of arbitration within 30 days of the date you first agree to these terms by following the opt-out procedure specified in the “Arbitration” section below, and except for certain types of disputes described in the “Arbitration“ section below, you agree that disputes between you and BE R.A.W will be resolved by binding, individual arbitration and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflicts of law provisions.
Agreement to Arbitrate
You and BE R.A.W agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, Products or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide BE R.A.W with written notice of your desire to do so by email at support@ be-raw.com within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide BE R.A.W with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide BE R.A.W with an Arbitration Opt-out Notice, will be the state and federal courts located in the Central District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide BE R.A.W with an Arbitration Opt-out Notice, you acknowledge and agree that you and BE R.A.W are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and BE R.A.W otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration form and a separate form for Demand for Arbitration for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and BE R.A.W otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and BE R.A.W submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. BE R.A.W will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $50,000, BE R.A.W will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the “Changes to the Services or Terms” section, above, if BE R.A.W changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of BE R.A.W’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and BE R.A.W in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms (including the Site pages linked to these Terms) constitute the entire and exclusive understanding and agreement between BE R.A.W and you regarding the Services, Products and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between BE R.A.W and you regarding the Services, Products and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without BE R.A.W’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. BE R.A.W may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by BE R.A.W under these Terms, including those regarding modifications to these Terms, will be given: (i) by BE R.A.W via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
BE R.A.W’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of BE R.A.W. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services or Products, please contact BE R.A.W at email@example.com.