Terms of Use

Last updated: December 1, 2021

This web site (the “Website”) are provided by us as a service to our customers. The Website includes without limitation (a) services offered by us (“Services”); and (b) information and content of ours such as data, text, photographs, graphics, messages or other materials (“Content”). By using the Website, you agree to follow and be bound by the following terms and conditions concerning your use of the Website (“Terms”).
If you do not agree to the following terms, please do not use the Website.

Additional Terms

Additional policies and terms may apply to specific portions of the Website and are not included as part of these Terms. Please refer to and review all such additional terms, which include, but may not be limited to, the Privacy Policy (collectively, the “Additional Terms”). If there is a conflict between these Terms and the Additional Terms, the latter shall have precedence with respect to your use of that area of the Website.

Modification of Terms and Additional Terms

We may revise these Terms and/or the Additional Terms at any time without notice to you. If the Terms or Additional Terms are revised, we will post the new terms on the Website and note the date they were last updated. Any changes or modifications will be effective upon posting of the Terms or Additional Terms as revised, and your use of the Website following the posting will constitute your acceptance of these Terms and the Additional Terms as revised. Please review these Terms and the Additional Terms on a regular basis.

Services

We may make improvements and/or changes in the scope of Services and/or the programs described or offered through the Website at any time without notice. Furthermore, certain Services and/or programs may not be available in your location. References to those Services and/or programs do not imply that we intend to offer them in your location. We control and operates the Website from the United States and makes no representation that the Website is appropriate or available for use in all locations.

Third Party Content

Certain content from third parties (“Third Party Content”) may be made available as part of the Website or through links from the Website. We make no representation with respect to, nor does it guarantee or endorse the accuracy, completeness, timeliness, reliability, suitability, or correct sequencing of any Third Party Content. Likewise, we do not endorse, oppose or edit any opinion or analysis expressed by such third parties. You should refer to the policies posted on third party web sites regarding privacy and terms of use prior to using such sites. You agree that we are not responsible for Third Party Content accessible through the Website, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content.

Hyperlinks

You may provide hyperlinks to the Website from your own website as long as you do not use any our trademarks, and do not hyperlink to the Website by any means that gives visitors to your own website the impression that you are hyperlinking to pages that are within your own website, or that we endorse your website, sponsors your website, or is in any way affiliated with your website. You shall not attribute a hyperlink on your website to the Website and then hyperlink somewhere else. You may not “frame” any portion of the Website or present any portion of the Website as belonging to you or any third party.

We make no claim or representation regarding, and accepts no responsibility or liability for, the quality, content, nature or reliability of web sites accessible by hyperlink from the Website, or web sites linking to the Website. Furthermore, these links do not imply endorsement by or affiliation with any third party or any third-party web site, products or services provided by any third party.

Submissions

Subject only to provisions outlined in our Privacy Policy, any comments or materials submitted to us through the Website, including without limitation, feedback data, such as questions, comments, suggestions, or the like regarding the Content (“Feedback”) shall be deemed to be non-confidential. Further, we shall be free to use, with no compensation to you, any ideas, concepts, know-how, techniques or methodologies contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and/or services incorporating such Feedback.

Ownership

Any and all Content posted on the Website is owned by us and others and is protected by United States and international copyright, trademark and other laws. Except as stated in these Terms, no Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including without limitation, electronic, mechanical, photocopying, recording or otherwise without the prior written consent of us and/or the respective owner. You may electronically copy and print to hard copy Content for non-commercial, personal use. Any other use is strictly prohibited. You may not use our names, logos or other trademarks for any purpose without the express written consent of us. Any rights not expressly granted herein are reserved by us.

Limitation of Liability

TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, WE (INCLUDING OUR VENDORS) ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF OR RELIANCE ON ANY CONTENT, OR THIRD PARTY CONTENT CONTAINED IN OR INFORMATION SUBMITTED TO THE WEBSITE, OR SERVICES OBTAINED THROUGH THE WEBSITE, AND THE RISK OF DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE, ALL CONTENT, AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF A THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. YOU AGREE THAT THE RALEY’S COMPANIES (INCLUDING OUR VENDORS) SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOST PROFITS, OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE OF THE SERVICES PROVIDED AT OR THROUGH THE SITE) ARISING OUT OF USE OR INABILITY TO USE OF THE SITE, SERVICES OR ANY CONTENT, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED AT THE SITE, OR SERVICES OBTAINED THROUGH THE SITE, EVEN IF THE RALEY’S COMPANIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF THE RALEY’S COMPANIES (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ASSOCIATED WITH ANY CLAIM ARISING FROM THE SITE FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE SITE, IF ANY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS, THEY MAY NOT APPLY TO YOU, AND YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS.

Indemnity

You agree to defend, indemnify and hold us, our affiliates, and our respective employees, officers, directors, shareholders, agents and vendors harmless from any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your use of the Website, Services or Content.

Privacy

We consider protecting your personal data to be important, and has developed a Privacy Policy describing our personal data collection and use policies and practices, which is incorporated by reference as if set forth in its entirety herein. Please refer to our Privacy Policy for detailed information.

Policies and Enforcement

We have the right, but not the obligation, to monitor any activity and content associated with forums and interactive areas on the Website. We may access at any time and use internally for any lawful purpose information stored in its systems. We may disclose such information to any third party including law enforcement agencies to protect its rights and property in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation. We may investigate any reported violation of our policies or complaints and take any appropriate action we deem appropriate, including without limitation, issue a warning, suspend or terminate your access and use of the Website, Services and/or Content at any time.

You agree not to access the Website except through the visual user interfaces authorized by us or through our authorized accessibility alternatives. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “crawlers,” or “offline readers (other than screen readers and similar devices designed to assist visually impaired persons),” that accesses the Website. Notwithstanding the foregoing, we grant the operators of publicly accessible search engines permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, and not indices which enable the purchase of products except from us directly.

Consent to Email Communication

When you visit the Website or send an email to us, you are communicating with us electronically. You consent to receive communications from us (including our vendors) electronically and agree that we (including our vendors) may communicate with you by email or by posting notices on the Website.

Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law principles. Regardless of where you access the Website, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed and adjudicated only in the federal or state courts located in Yolo County, California or Sacramento County, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceedings arising out of these Terms.

Notices for California Residents

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at (800) 952-5210.

Any California residents under the age of eighteen (18) who use the Service, and who have posted content or information on the Service, can request that such information be removed from the Service by contacting us at the e-mail or address set forth in the “Contact Us” section below making such a request, stating that they personally posted such content or information and detailing where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished the post and archived copies of it may be stored by search engines and others that we do not control.

General

These Terms and any other electronic documents, policies and guidelines incorporated herein will be: (a) deemed an “original” or “in writing” and to comply with all statutory, contractual, and other legal requirements for writing; (b) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (c) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained. If any portion of these Terms is found to be unlawful, invalid or unenforceable by a court of competent jurisdiction, that portion shall be deemed to be severed from the rest of these Terms and the remaining portions will be in effect, valid, and enforceable. No waiver, express or implied, by either party of any breach or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.