PLEASE CAREFULLY READ ALL OF THESE TERMS AND CONDITIONS AND KEEP A COPY OF THIS DOCUMENT FOR YOUR RECORDS.
This agreement (“Agreement” or “Terms of Service”) between Rain Technologies Inc. and you governs the terms of service for any access to or use of Rain’s websites, located at https://www.rainapp.com/ and https://rain.us/ , or Rain’s mobile application (the “Rain App”), and, to the extent applicable, any of product or service that Rain provides to you via Rain’s website or the Rain App. The person who uses Rain’s website or who downloads the Rain App (“You”) is agreeing to all of the terms and conditions of the Terms of Service for use of Rain’s website or the Rain App, as the case may be.
The Terms of Service and Rain’s other agreements with You provide the terms and conditions that apply to Rain’s products and services offered or provided to You in connection with your use of Rain’s website or the Rain App (each individually or collectively, as the case may be, the “Services”), including Your Rain Account or electronic fund transfer (EFT) services.
By using Rain’s website or the Rain App or by using any aspect of the Services, You acknowledge and agree that You are bound by the terms and conditions of these Terms of Service.
You also acknowledge and agree that, by using Rain’s website or the Rain App, You are expressly consenting to Rain’s collection, use, disclosure, or other activity relating to the treatment personally identifiable information about You, the terms of which are described in this Agreement and in Rain’s Privacy Notice.
Each time you use the Services, You are expressly consenting to the then-current Terms of Service and to Rain’s Privacy Notice. If You wish to withdraw Your consent, You must cease using the Services via Rain’s website or the Rain App.
BINDING CONTRACTUAL TERMS; CHANGES
By using the website(s) of Rain Technologies Inc., a Delaware corporation, or by downloading or using the mobile application of Rain Technologies Inc., including all Content (as defined below), available through Apple’s App Store, iTunes Store or the Google Play Marketplace or by accessing the Service (as defined below), You signify that:
(i) You have read and understood the terms and conditions of these Terms of Service; and
(ii) these Terms of Service have the same force and effect as a signed agreement on paper.
The Services include financial products or services that enable an individual who meets certain qualifications to use the Rain App to request and obtain, from time to time, a Rain Account, EFT services (e.g., transactions involving electronic fund transfers via any method of effecting a payment, referred to as an “Electronic Payment”), and other financial products and services that may be offered, provided, or serviced by Rain. The Services also include Rain’s services to You when applying for or obtaining one or more financial products or services provided by another financial institution, such as a bank, which is the principal to those other financial products or services.
You affirm that You are able and competent, in accordance with applicable laws and regulations, to enter into the terms, conditions, obligations, affirmations, representations, warranties, and indemnification set forth in these Terms of Service, and to comply with these Terms of Service, including for any products or services that another financial institution provides (as principal) and for which Rain acts as the service provider when delivering the products and services via Rain’s website or the Rain App. You also affirm You have not been previously suspended or removed from the Services. BEFORE USING THE SERVICES, PLEASE CAREFULLY READ THE RAIN PRIVACY NOTICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, DO NOT USE OR ACCESS THE SERVICES, AND IMMEDIATELY DELETE ANY DOWNLOADED APPLICATIONS OR MATERIALS THAT MAY HAVE BEEN OBTAINED VIA THE SERVICES.
ARBITRATION NOTICE: THESE TERMS OF SERVICE CONTAIN ARBITRATION PROVISIONS. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION PROVISIONS, YOU AND RAIN AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND RAIN WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Rain reserves the right to act at its discretion to modify or discontinue the Services (or any portion of the Services) to You. Rain may exercise its rights for modifying or discontinuing Your use of the Services for any reason, and may do so on a temporary or permanent basis. Rain shall notify you in advance of Rain’s election to exercise its right to discontinue the Services for You. Rain shall not be liable to You or any third party in the event that Rain exercises its right to modify or discontinue the any portion or all of the Services for You.
Without limiting its rights to modify or discontinue the Services as provided under the preceding paragraph, Rain may limit or terminate Your use of the Services if Rain determines, acting in its sole discretion, that You are not permitted to obtain the financial product or service via the Rain App or via Rain’s website. For example, if Rain were to limit or suspend the provision of one or more financial products or services that may be obtained via the Services based on the applicable law in one or more jurisdictions and Your account for the financial product(s) or service(s) is affected by the suspension of the product(s) or service(s), Rain also may terminate Your use of the Services under this Agreement.
Rain may change the terms of service for Rain’s website or the Rain App or any other aspect of this Agreement at any time. If Rain materially changes the terms of service for Rain’s website or the Rain App or any other aspect of this Agreement, Rain will let You know. To do so, Rain may show the revised terms of service when You access the Services or Rain may notify You via email, using the email address You have on file with Rain. Rain shall not be liable for resending any returned email so long as Rain uses the email address on its file.
Rain’s Privacy Notice describes Rain’s treatment of Your personally identifiable information (sometimes defined as “nonpublic personal information”). By agreeing to these Terms of Service, You expressly consent to the terms, conditions, and other provisions contained in Rain’s Privacy Notice, which is separately delivered to You.
You further agree that Your consent to Rain’s collection, use, disclosure, or other activity relating to the treatment personally identifiable information about You is based on the valuable consideration of Your use of the Services (even though Rain does not charge You specifically for Your use of the Rain App); provided, however, that any act (or omission or failure to act) relating to Rain’s collection, use, disclosure, or other activity relating to the treatment personally identifiable information about You covered in Rain’s Privacy Notice shall not be part of this Agreement. If there is a conflict between these Terms of Service and Rain’s Privacy Notice, Rain’s Privacy Notice shall have precedence with respect to the subject matter covered by it; otherwise this Agreement shall have precedence.
The Services shall be provided from the date on which You download or register for the Services and accept these Terms of Service, and the Services shall continue until terminated.
AUTHORIZED USE OF THE SERVICE
Rain hereby grants You permission to use the Services as set forth in these Terms of Service, provided that: (i) You will not copy, download or distribute any part of the Services in any form or medium without Rain’s prior written authorization, except as permitted in this Agreement; (ii) You will not alter, modify, or make derivative works from any part of the Services without Rain’s prior written authorization, except as permitted in this Agreement; and (iii) You will otherwise comply with these Terms of Service.
RESTRICTIONS ON USE OF THE SERVICES
Rain reserves all rights in the Services not granted in these Terms of Service. Without limiting the foregoing, by using the Services You agree not to:
Rain will fully cooperate with any law enforcement authorities or court order requesting or directing Rain to disclose the identity of anyone violating these Terms of Service.
Rain believes in children’s online safety and does not wish to receive information regarding any individual who is under 18 years old (except in the event that You yourself are under the age of 18). Therefore, You may not post or submit any personally identifiable information of an individual who is under 18 years old or information sufficient to locate such a child on or through the Service. If You are under 14 years of age, You may not use the Service in any way and You may not submit any information about yourself to Rain in any way.
PAYMENT AND FEES
Rain may impose a fee or charge on You for use of the Services (each a “Fee”), or in connection with one or more other products or services made available to You via the Services, such as Fees imposed in connection with Electronic Payments. Under this Agreement, You shall be responsible for payment to Rain of the applicable Fee, and Your payment of the Fee shall be due at or around the time that You request or obtain the Services that are subject to the Fee, as Rain may specify. To the extent applicable, You authorize Rain to initiate an Electronic Payment to debit Your Primary Bank Account or to otherwise accept payment from You to satisfy any all Fees. You represent and warrant that You are authorized to use any payment cards (e.g., credit cards or debit cards You provide when using the Services) or any other method of effecting payment services which method You furnish for the Services. However, Rain shall not charge You solely for use of the Rain App or to solely access your Account through another mechanism.
Rain will apply reasonable measures to protect the security of nonpublic personal information and other data essential for use of the Services, such as information You upload or enter when using the Rain App. You shall protect the confidentiality and security of Your Credentials, and You shall not allow any person to have access to or to use Your Credentials.
Rain is entitled (but not required) to apply security measures to protect the Services and the Content, and Rain may block users (or IP addresses) identified or suspected as being used to access the Services (i) without authorization, (ii) for unlawful purposes or for purposes of disrupting the Services, or (iii) in any manner that presents a risk of damaging the Services.
You shall immediately notify Rain of any activity on the Services suspected as being for unlawful purposes including any activity liable to disrupt, gain unauthorized access to, or cause any damage to the Services.
You shall immediately notify Rain of any security breach involving the Services of which You become aware, including any loss of nonpublic personal information and any incident where nonpublic personal information relating to You becomes available to unauthorized persons through the Services.
Everything You see, hear, or otherwise experience through this Services, including the graphics, videos, text, software, photographs, scripts, interactive features and the like (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Rain, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Rain owns the copyright in the selection, coordination, arrangement and enhancement of the Content. Any unauthorized use of any materials on the Services may violate copyright, trademark, and other laws. Content on the Services is provided to You AS IS for Your information and personal use only. For Your personal use, You may view, copy, and print screenshots of the Service. Otherwise, the Service may not be copied, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Rain reserves all rights not expressly granted in and to the Services and the Content. You agree not to use, copy, download, or distribute any Content other than as expressly permitted herein, including any use, copying, downloading, making derivative works from, or distribution of user submissions of third parties obtained through the Services for any commercial purposes. You may not incorporate the Content into, or stream or transmit the Content via any hardware or software application, unless Rain first expressly permits You to do so in writing. You may not create, recreate, advertise or distribute an index of a significant portion of the Content unless authorized in writing by Rain. You may not build a business using the Content, whether or not for profit. If You copy or print pages of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein, nor may You scrape or use any extraction methods to obtain any content or data from the Services.
Rain may, in its sole discretion, permit You from time to time to submit, upload or otherwise make available to Rain or any of its representatives or agents through the App any suggestions, feedback or recommendations regarding the Service (“Feedback”). If You provide any such Feedback, You hereby grant to Rain a perpetual, non-exclusive, worldwide, royalty-free, fully paid-up, irrevocable, sublicensable and transferable license to use such Feedback for any purpose.
SWEEPSTAKES AND PROMOTIONS
From time to time, Rain may offer sweepstakes and promotions that involve issuing one or more prizes to an eligible person who submits a valid entry. All of Rain’s sweepstakes and promotions are offered on a NO PURCHASE OR PAID TRANSACTION NECESSARY TO ENTER OR WIN basis, and are subject to Official Rules. By using Rain’s website or the Rain App, You agree to the Official Rules for each sweepstakes and promotion that Rain may offer. The Official Rules for each current sweepstakes are available here. The Official Rules for each current promotion are available here.
UPDATES TO THE APPLICATION
From time to time, Rain may automatically check the version of the mobile application You have installed and, if applicable, provide updates for the Rain App (“Updates”). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Rain mobile application. By installing the mobile application, You authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the mobile application and Updates will be governed by this Agreement (as amended by any terms and conditions that may be provided with Updates). Rain reserves the right to temporarily disable or permanently discontinue any and all functionality of the mobile application at any time without notice and with no liability to You.
By opting into the short code program for a cellular phone or other wireless device (a “Mobile Device”), including when You provide a number prior to the Effective Date displayed above, or by selecting to use a number associated with a Mobile Device with the Services, You expressly consent to:
(i) Non-Marketing Messages. You expressly consent to allow us to contact You by using that number for any purpose relating to the Services. Without limiting the scope of Your express consent under the preceding sentence, You agree that we may use the number You provide for a Mobile Device for any service-related or transactional messages associated with the Services, including for any product or service You obtain when Rain acts as service provider for another financial institution. You agree to receive autodialed or pre-recorded, service-related text messages from Rain (including when Rain is acting as a service provider) or on behalf of Rain at the number provided. Message frequency varies.
(ii) Marketing Messages. You expressly consent to receive text messages (to the number You provide for a Mobile Device) for marketing, promotional, or any other purposes relating to the Services—including text messages for marketing purposes sent via any automatic dialing technology or technology for pre-recorded text messages—from Rain. Rain may send You text messages regarding news or updates, including recommendations, to help make the most of the products and services You obtain via Rain’s Services. Message frequency varies.
Your mobile carrier’s message and data rates may apply to either non-marketing or marketing-related text messages. Carriers are not liable for delayed or undelivered messages.
(iii) Your Rights to Stop Marketing Messages. You understand that consent to text messages is not a condition of using the Services. To stop receiving text messages (i.e., to “unsubscribe”), You may reply STOP to any text message you receive from Rain. After You text “STOP” to Rain, You will receive a text to confirm that You have been unsubscribed. After this instruction is carried out, You will no longer receive text messages from Rain. Your instruction to Rain to unsubscribe from text messages from Rain (acting for itself) also may apply when Rain is acting as a service provider for another financial institution. If You are experiencing issues with the messaging program You can reply with the keyword “HELP” for more assistance, or You can get help directly at email@example.com.
As described in other sections of this Agreement, You expressly consent to the terms, conditions, and other provisions contained in Rain’s Privacy Notice.
By agreeing to this Agreement, You expressly agree to receive push notifications from Rain, including when Rain is a service provider. You may prevent us from sending (i.e., opt out of) push notifications through the settings on Your Mobile Device. If you change the settings on Your Mobile Device, including by opting out of receiving push notifications via the Rain App, Your restriction or prevention of push notifications may affect Your use of the Services.
By providing to us an email address at any time, including when You provide an email address prior to the Effective Date displayed above, or by selecting to use an email address, in connection with the Services (including when Rain is acting as service provider for another financial institution), You expressly consent to allow Rain to contact You by using that email address for any purpose relating to the Services. Without limiting the scope of your express consent under the preceding sentence and to the extent not restricted by applicable law, You agree that Rain may use the email address You provide (including when Rain acts as service provider) for (i) any service-related or transactional messages associated with the Services or (ii) marketing, promotional, or any other purposes relating to the Services, including for any product or service for which Rain acts as a service provider.
You represent and warrant to Rain that:
DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS. THE RAIN PARTIES, APPLE, AND GOOGLE GIVE NO WARRANTY NOR MAKE ANY REPRESENTATION IN RELATION TO THE SERVICE OR THE CONTENT. THE RAIN PARTIES, APPLE, AND GOOGLE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW AND YOU WAIVE ANY REPRESENTATION OR WARRANTY ON THE PART OF THE RAIN PARTIES, APPLE AND/OR GOOGLE RELATING TO THE SERVICES OR TO THE CONTENT, EXPRESS, IMPLIED, STATUTORY AND OTHERWISE IN CONNECTION WITH THE SERVICES, ANY SOFTWARE LICENSED OR PROVIDED TO YOU BY THE RAIN PARTIES, APPLE AND/OR GOOGLE OR OTHER THIRD PARTIES, INCLUDING ANY IMPLIED WARRANTIES OF AVAILABILITY OF THE SERVICES, NON-DISRUPTION, SECURITY, ACCURACY, LOSS OF DATA OR CORRUPTION OF DATA, THE USE OF REASONABLE CARE AND SKILL, QUALITY, MERCHANTABILITY, TITLE OR ENTITLEMENT, FITNESS FOR A PARTICULAR PURPOSE, ABILITY TO ACHIEVE A PARTICULAR RESULT OR FUNCTIONALITY AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, THE RAIN PARTIES, APPLE, AND GOOGLE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SERVICES OR ON ANY WEBSITES OR APPS LINKED TO THE SERVICES IS ACCURATE, COMPLETE OR CURRENT; THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR; OR THAT THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OR THE RAIN APP OR AGREEMENTS YOU ENTER WITH THIRD PARTIES SUCH AS ADVERTISERS WILL MEET YOUR EXPECTATIONS. THE RAIN PARTIES, APPLE, AND GOOGLE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (iii) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR INFORMATION STORED THEREIN, (iv) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (v) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, OR (vi) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.
YOU ACKNOWLEDGE THAT THE RAIN PARTIES, APPLE, AND GOOGLE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF GOODS OR SERVICES PROVIDED BY THIRD PARTIES OR ADVERTISERS, THE TRUTH OR ACCURACY OF ANY THIRD PARTY’S OR ADVERTISER’S CONTENT OR LISTINGS, OR THE ABILITY OF ANY THIRD PARTY OR ADVERTISER TO PERFORM OR ACTUALLY COMPLETE A TRANSACTION OR SERVICE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE RAIN PARTIES, APPLE AND GOOGLE FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSES, AND ATTORNEY’S FEES ARISING TO ANY OF THE RAIN PARTIES, APPLE, AND GOOGLE AS A RESULT OF ANY CLAIM (INCLUDING CLAIMS OR DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, AND INJURY TO YOU OR TO THIRD PARTIES, CONSEQUENTIAL, COMPENSATORY, OR PUNITIVE DAMAGES), DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST THE RAIN PARTIES, APPLE AND/OR GOOGLE IN CONNECTION WITH (i) YOUR USE OF, ACCESS TO, OR MISUSE OF THE SERVICE; (ii) YOUR BREACH OF ANY OF THESE TERMS OF SERVICE; (iii) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; (iv) ANY CLAIM THAT ONE OF YOUR USER SUBMISSIONS CAUSED DAMAGE TO AN INDEMNIFIED PARTY OR A THIRD PARTY; (v) ANY TRANSACTION YOU CONDUCT AS A RESULT OF THE CONTACT FACILITATED BY THE SERVICE; OR (vi) ANY ACTIVITY RELATED TO YOUR APPLE ID, GOOGLE ACCOUNT, MOBILE ACCOUNT, OR OTHER INTERNET ACCOUNT, OR USING YOUR TELEPHONE NUMBER, EMAIL ADDRESS, OR PASSWORD BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE USING YOUR RAIN ACCOUNT, APPLE ID, GOOGLE ACCOUNT, MOBILE ACCOUNT, OTHER INTERNET ACCOUNT, TELEPHONE NUMBER, EMAIL ADDRESS, OR PASSWORD.
IF THE RAIN PARTIES, APPLE, AND GOOGLE DO TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS OF SERVICE, THE RAIN PARTIES, APPLE, AND GOOGLE WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO THE RAIN PARTIES, APPLE, AND GOOGLE.
LIMITATIONS ON LIABILITY
IN NO EVENT SHALL THE RAIN PARTIES, APPLE AND/OR GOOGLE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE SERVICE OR THIRD PARTY PRODUCTS OR SERVICES, UNDER THESE TERMS OF SERVICE OR IN CONNECTION WITH THEIR PERFORMANCE OR BREACH, OR IN CONNECTION WITH ANY WARRANTIES HEREUNDER, OR IN CONNECTION WITH THE SERVICE, INCLUDING FOR THEIR NEGLIGENCE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING ANY LOSS OF PROFITS OR SAVINGS OR ANTICIPATED PROFITS OR SAVINGS, LOSS OF DATA, LOSS OF OPPORTUNITY, LOSS OR REPUTATION, GOODWILL OR BUSINESS, EVEN IF THE RAIN PARTIES APPLE, AND GOOGLE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
THE RAIN PARTIES, APPLE AND GOOGLE WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM: (i) ANY SUSPENSION OR DISRUPTION OF THE SERVICE, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM THE RAIN PARTIES’ NEGLIGENCE, (ii) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (iii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (iv) UNAUTHORIZED ACCESS TO OR USE OF RAIN’S OR ITS AFFILIATES’ SERVERS OR ANY AND ALL INFORMATION STORED THEREIN, (v) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (vi) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, (vii) USER SUBMISSIONS, THIRD PARTY WEBSITES OR APPS, OR (viii) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, YOUR BUSINESS TRANSACTIONS OR OTHER INTERACTIONS WITH ANY THIRD PARTIES OR ADVERTISERS, WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RAIN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
THE RAIN PARTIES, APPLE AND/OR GOOGLE WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU OR ANY OTHER PERSON MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM YOUR BREACH OF YOUR WARRANTIES OR OTHER OBLIGATIONS UNDER THESE TERMS OF SERVICE, INCLUDING YOUR OBLIGATION TO KEEP YOUR CREDENTIALS SECURE OR FROM THE SHARING OF THESE DETAILS WITH ANY OTHER PERSON.
THE RAIN PARTIES’ MAXIMUM AGGREGATE LIABILITY FOR ANY SINGLE EVENT (OR A SERIES OF RELATED EVENTS) GIVING RISE TO A CLAIM IN CONNECTION WITH THESE TERMS OF SERVICE OR IN RELATION TO THE SERVICE WILL BE LIMITED TO FIFTY DOLLARS (US $50.00).
A party will not be in breach of these Terms of Service, nor liable for any failure or delay in performance of any of its obligations under these Terms of Service where such failure or delay arises from or is attributable to acts, events, omissions or accidents beyond its reasonable control including an act of God, fire, flood, earthquake, windstorm or other natural disaster, explosion or accidental damage, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions, terrorist attack, civil war, civil commotion or riots, shortage of raw materials or supplies, industrial action or strike, power outages, or electronic or communication network breakdowns (each a “Force Majeure Event”). If a Force Majeure Event occurs that affects the provision of the Services, Rain will use reasonable efforts to notify You through the Services or through its website or by email communication.
TERMINATION OF THE SERVICES
Rain may, without any notice to You, terminate Your access to and use of the Services if You:
(i) breach any provision or obligation on You under these Terms of Service; (ii) misuse or challenge Rain’s rights in the Content; (iii) breach any warranty under these Terms of Service, such as by failing to fulfill Your warranty to provide information to Rain that is true in all respects, or (iv) breach any obligation to abide by any restriction on the Services, such as if You engage in any kind of conduct, whether via Rain’s website, the Rain App, or any other customer-service channel that Rain makes available to You, that involves any form of abuse, harassment, or other harmful conduct towards another person (including any employee or contractor of Rain.
Rain may at any time, and in Rain’s sole discretion, discontinue the Services or modify the Services, and such action by Rain may adversely affect the use of the Services. Rain shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Services. Rain shall use reasonable efforts to notify users of the cessation of the Services or any changes that would affect Your use of the Services. Rain may give such notices through the Service or on its website or by email communications.
You acknowledge that removing the Rain App from Your mobile phone does not automatically terminate Your rights to use the Services. You may, at any time, request termination of Your use of the Services through the Rain App.
Upon Your request that Your use of the Services be terminated:
(i) copies of Your data may remain stored for limited periods of time on back-up media which will be cleansed from time to time;
(ii) Rain reserves the right to retain records of Your personal information on the Service if it is reasonably required to keep such records for legal purposes including to comply with its legal or regulatory duties, to investigate and respond to complaints (including from other users), to enforce these Terms of Service or to defend itself against any claim or legal threat or allegations or if it requires to retain such data for other legitimate reasons; and
(iii) Rain shall be entitled to retain any data in non-personal information form which may have been extracted or obtained from Your personal information including any aggregated, anonymized, or otherwise de-personalized data.
LINKS TO AND FROM THE SERVICE
The Service may contain links to third party websites and online services (such as apps) that are not owned or controlled by Rain. Rain has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or online services, and You access and use these websites or online services solely at Your own risk. These links are provided for Your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or online services or any association with their operators. Rain will not and cannot control or edit the content of any third-party website or online service. BY USING THE SERVICES, YOU EXPRESSLY RELEASE THE RAIN PARTIES, APPLE, AND GOOGLE FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICE AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD PARTY. Accordingly, Rain encourages You to be aware when You leave the Services, and You should read the terms and conditions that apply to other websites You visit.
ADVERTISEMENTS and RELEASE
Rain takes no responsibility for advertisements or any third party material transmitted through or posted on the Service, nor does it take any responsibility for the products or services provided by service providers with profiles or other Content accessible through the Service (“Advertisers”). Any dealings You have with Advertisers found while using the Service are between You and the Advertiser, and You agree that Rain is not liable for any loss or claim that You may have against an Advertiser.
YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO RELEASE THE RAIN PARTIES, APPLE AND GOOGLE FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE AND YOUR TRANSACTIONS WITH ADVERTISERS OR OTHER THIRD PARTIES.
Any rights and licenses granted to You under these Terms of Service may be transferred or assigned by You only with Rain’s prior written consent. For any rights that Rain may hold under any agreement, including any rights that Rain holds when acting as a service provider to another financial institution, as between Rain and You, Rain may assign its rights without restriction and without notice to You.
DISPUTE RESOLUTION, MANDATORY ARBITRATION AND CLASS ACTION WAIVER
These Terms of Service are governed by U.S. and Delaware law, without regard to conflict of law provisions. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) are expressly excluded in their entirety from these Terms of Service.
All claims and disputes, including all statutory claims and disputes, arising out of or relating in any way to these Terms of Service or Your use of the Services shall be finally resolved by binding arbitration on an individual basis, except that You and Rain are not required to arbitrate any dispute in which either party seeks equitable relief for alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. This means that unless You opt out of arbitration as provided below or except for the equitable relief described in the previous sentence, neither Rain nor You will sue in court before a judge or jury. Rain and You are also agreeing that no dispute subject to the terms of this “Arbitration Section” will be resolved as a class. Instead, one neutral arbitrator will decide the dispute, and the arbitrator’s decision will be final except for a limited right of appeal under the Federal Arbitration Act. The arbitrator may award declaratory or injunctive relief only for the individual claims between Rain and You.
The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with its rules of practice and procedure (the “Rules”) in effect at the time that the claim is filed, except to the extent the Rules conflict with these Terms of Service. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The AAA Consumer Arbitration Rules are available online at www.adr.org or by calling AAA at 1-800-778-7879. Any claims or disputes involving less than US $10,000.00 may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the amount sought is US $10,000.00 or more, the right to an in-person oral hearing will be determined by the Rules. The arbitrator will be bound to follow applicable federal and state laws and regulations in deciding all issues and in rendering any award. Rain and You will be entitled to invoke the rules of discovery applicable to state court proceedings. The arbitration proceedings will be conclusive and not appealable, and any party to any award rendered in any arbitration proceeding will be entitled to have judgment entered on that award. The number of arbitrators shall be one, selected in accordance with the Rules, and the language of the arbitration will be English. Unless non-appearance arbitration is elected, the arbitration will be held in the state of Delaware, provided that, if You notify us in writing within 30 days after the initial notice of arbitration is delivered by a party, the arbitration may be held in Chicago, Illinois or Los Angeles, California. If non-appearance arbitration is elected, the arbitration will be conducted by phone, online, written submissions, or a combination of the three, at the election of the party initiating arbitration, and the arbitration will not involve a personal appearance by parties or witnesses unless the parties mutually agree otherwise. Other than costs that Rain is required to pay under the Rules, each party shall bear its own costs and expenses of the arbitration and one-half (1/2) of the fees and costs for the arbitrator, except as otherwise provided in the Rules or if the arbitrator determines the fees and costs should be borne by one of the parties. The arbitrator may not award or assess punitive damages against either party.
RAIN AND YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE ANY DISPUTE, INCLUDING ARBITRATION AND LITIGATION IN COURT, WILL BE CONDUCTED ONLY INDIVIDUALLY. Neither Rain nor You will seek to have any dispute heard as a class action, a class wide arbitration, a private attorney-general action, or any other proceeding in which either of Rain or You act(s) or propose(s) to act as a representative for others. Rain and You also agree that no arbitration or other proceeding will be combined with another arbitration or proceeding without the written consent of Rain, You, and every other party to that arbitration or proceeding.
You may opt out of the arbitration and class actions waiver set forth above by sending a written notice of Your decision to opt-out in accordance with this Arbitration Section. If you do so, neither You nor Rain can force the other to arbitrate. To opt out, You must notify Rain in writing no later than sixty (60) days after first becoming subject to these Terms of Service. Your notice must include Your name and address, Your username and the email address You used to set up Your account for the Services, and an unequivocal statement that You wish to opt out of this arbitration. Send Your notice to:
RAIN– ARBITRATION OPT-OUT NOTICE
209 10th Ave S
Nashville, TN 37203-0702
Alternatively, You may send an unequivocal statement that You wish to opt out of this arbitration by sending an email to Rain at:
If You wish to opt out via email, the subject line of Your email must state “Opt-Out Notice for Arbitration” and the body of Your email must include, at a minimum: (i) Your name and address, (ii) Your username, and (iii) the email address You used to set up Your account for the Services.
In the event of a dispute between You and Rain, to invoke Your opt-out right, You must retain a copy of Your opt-out notice, as well as proof of mailing of Your opt-out notice within the prescribed period (e.g., within 60 days of the date that You first downloaded Rain’s App).
If You elect to opt out, each of You and Rain irrevocably (i) consents to the exclusive jurisdiction and venue of the state and federal courts in the State of Delaware in connection with any matter arising out of this Agreement, (ii) waives any objection to such jurisdiction or venue, (iii) agrees not to commence any legal proceedings related hereto except in such courts, (iv) consents to and agrees to accept service of process to vest personal jurisdiction over it in any such courts and (v) waives any right to trial by jury in any action in connection with this Agreement
This Arbitration Section may be amended from time to time in accordance with these Terms of Service. If you did not opt out of mandatory arbitration as provided above, You may reject any change Rain makes to this Arbitration Section by sending Rain a notice within thirty (30) days after first becoming subject to the amended Terms of Service. Send Your notice rejecting changes to this Arbitration Section to the address provided above. In the event of a dispute between You and Rain, to invoke Your right to apply an earlier version of this Arbitration Section, You must retain a copy of Your rejection notice, as well as proof of mailing of Your rejection notice within the prescribed period. Rain reserves the right to make additional amendments to this Arbitration Section. If you wish to reject additional changes to this Arbitration Section, You must notify Rain in accordance with this Arbitration Section for each change in accordance with the terms hereof.
Software and the transmission of applicable technical data, if any, in connection with the Service may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the U.S. or the country in which You reside.
THIRD PARTY BENEFICIARIES
YOU ACKNOWLEGE THAT EACH OF THE RAIN PARTIES IS AN INTENDED THIRD PARTY BENEFICIARY OF YOUR RELEASES, WAIVERS AND COVENANTS GIVEN IN THIS AGREEMENT, AND THAT APPLE AND GOOGLE ARE INTENDED THIRD PARTY BENEFICIARIES OF YOUR RELEASES, WAIVERS AND CONVENANTS IN THE APPLE REQUIRED TERMS AND IN THE ADDITIONAL TERMS REQUIRED BY GOOGLE, INC., RESPECTIVELY. SUBJECT TO THE FOREGOING, NOTHING IN THIS AGREEMENT IS INTENDED TO CONFER ANY RIGHT, REMEDY, CAUSE OF ACTION OR LIABILITY ON ANY PERSON OTHER THAN RAIN AND ITS SUCCESSORS AND ASSIGNS AND YOU.
Except as expressly permitted under this Agreement, no modification, alteration or waiver of any of the provisions of this Agreement will be effective unless in writing and signed on behalf of each of the parties. In the event that You enter into this Agreement while You are under the age of 18 (or otherwise qualified as a minor under applicable state law), You agree that: (i) at all times that You use the Services, You are acting under the supervision of an adult who has such authority or capacity to supervise You in this capacity; (ii) if You elect to take any action to disaffirm or to render this Agreement to be void, You shall notify Rain, in writing, at the address provided in the Arbitration Section or by another method as permitted by applicable law; and (iii) if You have not disaffirmed this Agreement by the date on which You are 18 (or otherwise not qualified as a minor under applicable state law), all conduct prior to that date shall be ratified and effective under the then-current terms and conditions of this Agreement and may not be voidable, except to the extent expressly provided by applicable law. No waiver of any of provision of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Rain’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Nothing in this Agreement will create, or be deemed to create, a partnership or joint venture and will not be construed as giving rise to the relationship of principal and agent between the parties.
Rain is not Your employer for any purpose, including for any purpose of an employment relationship covered by any labor law, common law of employment, or tax law. Rain does not act as an agent of Your employer in making any Electronic Payment to You. Rain does not act as an agent, a party to any joint venture, or as alter ego of Your employer in any respect. Each Electronic Payment to You represents only a payment made in exchange for Your intangible right to receive payments from Your employer.
APPLE REQUIRED TERMS
Acknowledgement: Rain and You acknowledge that the Terms of Service are concluded only between Rain and You, and not with Apple, and Rain, not Apple, is solely responsible for the Services and the content thereof.
Scope of License: The license granted to You for the Services is limited to a non-transferable license to use the Services on any iPhone or iPod touch that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
Maintenance and Support: As between Apple and Rain, Rain is solely responsible for providing maintenance and support services, if any, with respect to the Services, as specified in the Terms of Service, or as required under applicable law. Rain and You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
Warranty: As between Apple and Rain, Rain is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Services to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the relevant App to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Rain’s sole responsibility.
Product Claims: Rain and You acknowledge that Rain, not Apple, is responsible for addressing any claims by You or any third party relating to the Services or Your possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights: Rain and You acknowledge that, in the event of any third party claim that the Services or Your possession and use of the Services infringes that third party’s intellectual property rights, to the extent a warranty of non-infringement is not validly disclaimed, Rain, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance: 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 country or territory that is subject to a sanctions program (e.g., designated by OFAC); and (ii) You are not identified on any list prepared by the U.S. Government describing prohibited or restricted parties.
Developer Name and Address: Rain may be contacted at in connection with any questions, complaints or claims with respect to the Services.
Third Party Beneficiary: Rain and You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms of Service, and that, upon Your acceptance of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service against You as a third party beneficiary thereof.
ADDITIONAL TERMS RELEVANT TO GOOGLE INC.
THESE TERMS OF SERVICE CONSTITUTE A LICENSE AGREEMENT IN LIEU OF ANY LICENSE GRANT PROVIDED BY GOOGLE TO USE THE APPS ON A SUPPORTED DEVICE. A “SUPPORTED DEVICE” IS A COMBINATION OF A MOBILE DEVICE RUNNING ANDROID SOFTWARE AND AN ANDROID SOFTWARE VERSION(S) THAT IS SUPPORTED BY THE RAIN MOBILE APPLICATION. THESE TERMS OF SERVICE ARE MADE ONLY BETWEEN YOU AND RAIN, AND NOT WITH GOOGLE. RAIN IS SOLELY RESPONSIBLE FOR THE RAIN MOBILE APPLICATION.
THE GOOGLE PLAY MARKETPLACE IS OWNED AND OPERATED BY GOOGLE INC. YOUR USE OF GOOGLE PLAY IS GOVERNED BY A LEGAL AGREEMENT BETWEEN YOU AND GOOGLE CONSISTING OF THE GOOGLE TERMS OF SERVICE (FOUND AT HTTPS://WWW.GOOGLE.COM/ACCOUNTS/TOS) AND THE GOOGLE PLAY TERMS OF SERVICE (FOUND AT HTTPS://PLAY.GOOGLE.COM/INTL/EN-US_US/ABOUT/PLAY-TERMS.HTML AND TOGETHER WITH THE GOOGLE TERMS OF SERVICE CALLED THE “TERMS”). THE GOOGLE PLAY TERMS OF SERVICE AND GOOGLE TERMS OF SERVICE SHALL TAKE PRECEDENCE IN THAT ORDER IN THE EVENT OF A CONFLICT BETWEEN THEM, TO THE EXTENT OF SUCH CONFLICT.
RAIN IS SOLELY RESPONSIBLE FOR PROVIDING, AND GOOGLE HAS NO OBLIGATION TO PROVIDE, MAINTENANCE AND SUPPORT FOR THE RAIN MOBILE APPLICATION. SUPPORT REQUESTS, AS WELL AS QUESTIONS, COMPLAINTS OR CLAIMS REGARDING THE RAIN MOBILE APPLICATION, MAY BE DIRECTED TO RAIN SUPPORT, 209 10th AVE S., SUITE 160, NASHVILLE, TN 37203-0702. YOU MAY ALSO CONTACT RAIN BY EMAIL AT CARE@RAIN.US.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE RAIN MOBILE APPLICATION, AND WILL NOT BE LIABLE FOR ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.
GOOGLE SHALL NOT BE RESPONSIBLE FOR ADDRESSING ANY CLAIMS BY YOU OR ANY THIRD PARTY RELATING TO THE RAIN MOBILE APPLICATION OR YOUR POSSESSION AND/OR USE OF THE RAIN MOBILE APPLICATION, INCLUDING BUT NOT LIMITED TO (I) PRODUCT LIABILITY CLAIMS, (II) ANY CLAIM THAT THE RAIN MOBILE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT, OR (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.
GOOGLE SHALL NOT BE RESPONSIBLE FOR THE INVESTIGATION, DEFENSE, SETTLEMENT OR DISCHARGE OF ANY CLAIM THAT THE RAIN MOBILE APPLICATION OR YOUR POSSESSION AND USE THEREOF INFRINGES A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.
YOU REPRESENT AND WARRANT THAT (I) THE SERVICE(S) WILL NOT BE DOWNLOADED OR USED IN, OR TRANSPORTED TO, A COUNTRY THAT IS SUBJECT TO A UNITED STATES GOVERNMENT EMBARGO OR HAS BEEN DESIGNATED BY THE UNITED STATES GOVERNMENT AS A “TERRORIST-SUPPORTING” COUNTRY, AND (II) YOU ARE NOT LISTED ON ANY UNITED STATES GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES.
REMOVAL OF RAIN MOBILE APPLICATION. RAIN OR GOOGLE INC. MAY, AT ANY TIME AND WITHOUT NOTICE, RESTRICT, INTERRUPT OR PREVENT USE OF THE RAIN MOBILE APPLICATION, OR DELETE THE RAIN MOBILE APPLICATION FROM YOUR SUPPORTED DEVICE, WITHOUT ENTITLING YOU TO ANY REFUND, CREDIT OR OTHER COMPENSATION FROM RAIN OR ANY THIRD PARTY (INCLUDING, BUT NOT LIMITED TO, GOOGLE INC. OR YOUR NETWORK CONNECTIVITY PROVIDER).