Terms of Service

1. Acceptance of Terms of Service

This RaidPools Term of Service (the “Terms”) applies to your use of raidpools.gg and/or any other websites, applications, or services, provided, owned, or operated by RaidPools that link to this Terms of Service (collectively the “RaidPools Services”). By creating accessing and/or using the RaidPools Services, whether through a mobile device, mobile application, computer or any other device you agree to be bound by (i) these Terms and (ii) the Company’s Privacy Policy, available at https://www.raidpools.gg/privacy, each of which is incorporated by reference into this Agreement, and (iii) any terms disclosed to you if you purchase or have purchased additional features, products or services we offer on the RaidPools Services (collectively, this “Agreement”).

IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, YOU SHOULD NOT ACCESS OR USE THE RAIDPOOLS SERVICES.

PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 14 BELOW. THESE GOVERN THE MANNER IN WHICH CLAIMS WILL BE ADDRESSED BETWEEN YOU AND RAIDPOOLS.

2. Your Eligibility & Representations and Warranties

You must be at least 13 years of age to use the Website, create an account on RaidPools and use the RaidPools Services. By accessing the Website, creating an account and using the RaidPools Services, you represent and warrant that:

• you are not a person who is barred from using the RaidPools Services under the laws of the United States or any other applicable jurisdiction (for example, you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition);
• you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements; and
• you have not previously been removed from the RaidPools Services by us, unless you have our express written permission to create a new account.

If you fail to meet these requirements, you are not authorized to access the RaidPools Services or systems. If you initially meet these requirements but at any time you cease to meet these requirements, all authorization to access the RaidPools Services or systems is automatically revoked, and you must immediately delete your account.

3. Your Account

To create an account with RaidPools (“Account”), you must provide the Company with an email address. To take full advantage of the RaidPools Services, you must also authorize RaidPools to access your Twitch.tv (“Twitch”) Account and/or the account for another similar third-party social media platform (individually or collectively “Third-Party Social Media Platform”). For more information regarding the information the Company may collect from you and how RaidPools may use it, please consult the Company’s Privacy Policy, available at https://www.raidpools.gg/privacy. You are responsible for maintaining the confidentiality of your login credentials that you use to sign up for the RaidPools Services, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact RaidPools at support@raidpools.gg and the relevant Third-Party Social Media Platform. You understand and agree that you are solely responsible for informing any Third-Social Media Platform if your account has been compromised.

4. Termination

RaidPools always strives to improve the RaidPools Services and bring you additional functionality that you will find engaging and useful. This means RaidPools may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations as determined by RaidPools in its sole discretion, RaidPools may not provide you with notice before removing them. The Company may even suspend the RaidPools Services entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

You may terminate your account at any time, for any reason, by following the instructions in the delete profile page: https://www.raidpools.gg/delete/.

RaidPools may terminate your account at any time without notice if it believes that you have violated this Agreement or in its sole discretion. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and the Company: Section 4, and Sections 8 through 15.

5. End User License Agreement (EULA)

5.1 Rights Granted to you by RaidPools

RaidPools grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the RaidPools Services. This license is for the sole purpose of letting you use and enjoy the RaidPools Services’ benefits as intended by RaidPools and permitted by this Agreement. This license and any authorization to access the RaidPools Services are automatically revoked in the event that you do any of the following:

• use the RaidPools Services or any content contained in the RaidPools Services for any commercial purpose, except for the sharing on social media platforms such as Twitch, YouTube, TikTok or other similar services, without RaidPools written consent.
• copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the RaidPools Services without the owner’s permission or consent.
• express or imply that any statements you make are endorsed by RaidPools.
• use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the RaidPools Services or its contents.
• use the RaidPools Services in any way that could interfere with, disrupt or negatively affect the RaidPools Services or the servers or networks connected to the RaidPools Services.
• hijacking sessions, forging tokens, or otherwise gaining unauthorized or privileged access to RaidPools Services, API endpoints, or databases.
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the RaidPools Services.
• “frame” or “mirror” any part of the RaidPools Services without RaidPools prior written authorization.
• use meta tags or code or other devices containing any reference to RaidPools or the RaidPools Services (or any trademark, trade name, service mark, logo, or slogan of RaidPools) to direct any person to any other website not associated with RaidPools for any purpose.
• modify, adapt, sublicense, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the RaidPools Services, or cause others to do so.
• use or develop any third-party applications that interact with the RaidPools Services or other members’ Content or information without our written consent.
• use, access, or publish the RaidPools application programming interface without our written consent.
• probe, scan, or test the vulnerability of our Service or any system or network.
• encourage, promote, or agree to engage in any activity that violates this Agreement.

RaidPools may investigate and take any available legal action in response to illegal and/or unauthorized uses of the RaidPools Services, including termination of your account.

Any software that RaidPools provides, you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

5.2 Rights Granted to RaidPools by You

By creating an account, you grant to RaidPools a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify, reformat, incorporate into other works, advertise, distribute, and otherwise make available to others information you authorize us to access on the RaidPools Services and/or any applicable Third-Party Social Media Platform, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the RaidPools Services or the applicable Third-Party Social Media Platform (collectively, “Content”). RaidPools’ license to your Content shall be non-exclusive Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and your legal agreement (e.g. Terms of Service) with any applicable Third-Party Social Media’s Platform and is for the limited purpose of operating, developing, providing, and improving the RaidPools Services and researching and developing new ones. You agree that any Content you upload on the RaidPools Services and that you authorize us to share with other users on the RaidPools Services may be viewed by other RaidPools users and may be viewed by any person visiting or participating in the RaidPools Services (such as individuals who may receive shared Content from other RaidPools members) or on the applicable Third-Part Social Media Platform.

You agree that all information that you submit upon creation of your account is accurate and truthful and you have the right to post the Content on the RaidPools Services and grant the license to RaidPools above.

You understand and agree that RaidPools may monitor or review any Content you post as part of the RaidPools Services. RaidPools may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the RaidPools Services.

When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening, harassing, or offensive, RaidPools reserves the right to immediately terminate your account.

You agree that RaidPools may access, store, and disclose your account information and Content if required to do so by law, by providing the RaidPools Services, or in a good faith belief that such access, storage or disclosure satisfies a legitimate interest, including to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.

6. Purchases

If you wish to purchase any product or service made available through the RaidPools Services ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The RaidPools Services may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

7. Subscriptions

Some parts of the RaidPools Services may be billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or RaidPools LLC cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting the RaidPools LLC customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide our third-party payment service provider with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize our third-party payment service provider to charge all Subscription fees incurred through your account to any such payment instruments.

8. Procedure for Claims of Copyright Infringement

If you believe that your work has been copied and posted on the RaidPools Services in a way that constitutes copyright infringement, please submit a takedown request. If you contact us regarding alleged copyright infringement, please be sure to include the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the RaidPools Services (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
• your contact information, including address, telephone number and email address, and the copyright owner’s identity;
• a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You understand and agree that RaidPools has no control over content or works that have been posted on any Third-Party Social Media Platform and you are solely responsible for reporting any alleged copyright infringement to any Third-Party Social Media Platform. RaidPools will terminate the accounts of repeat copyright infringers.

9. Third Party Links and Content

There may be links from the RaidPools Services or communications you receive from the RaidPools Services to third-party websites or applications. Also, our RaidPools Services may include third-party content that we do not control, maintain or endorse, including but not limited to Third-Party Social Media Platforms. Accessing those third-party sites or applications requires you to leave our RaidPools Services. We do not control those other sites or applications, or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third-party sites or applications, including, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites.

YOUR COMMUNICATION AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE RAIDPOOLS SERVICES, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES, AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. WE ENCOURAGE YOU TO REVIEW ALL POLICIES, RULES, TERMS, AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF SERVICE OF EACH AND ANY THIRD-PARTY SITE OR APPLICATION THAT YOU VISIT.

10. Disclaimers of Warranties

WE HOPE YOU ENJOY THE RAIDPOOLS SERVICES AND ALSO HOPE THE RAIDPOOLS SERVICES WILL FUNCTION PROPERLY. HOWEVER, YOUR ACCESS TO AND USE OF THE RAIDPOOLS SERVICES, THE WEBSITE AND/OR THE CONTENT IS AT YOUR SOLE RISK. THE RAIDPOOLS SERVICES IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. THEREFORE, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR PARENT, AFFILIATES, SUBSIDIARIES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, CUSTOMERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “COMPANY PARTIES”), HEREBY DISCLAIM AND MAKE NO REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, OR PROMISES, EXPRESS OR IMPLIED, AS TO THE RAIDPOOLS SERVICES, THE CONTENT, THE FUNCTIONS, FEATURES, OR ANY OTHER ELEMENTS ON, OR MADE ACCESSIBLE THROUGH, THE RAIDPOOLS SERVICES; ANY PRODUCTS, SERVICES, OR INSTRUCTIONS OFFERED, REFERENCED OR LINKED THROUGH THE RAIDPOOLS SERVICES; WHETHER THE RAIDPOOLS SERVICES, THE CONTENT, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE FROM ANY HARMFUL COMPONENTS (INCLUDING VIRUSES, TROJAN HORSES, AND OTHER TECHNOLOGIES THAT COULD ADVERSELY IMPACT YOUR DEVICE); WHETHER ANY INFORMATION OR INSTRUCTIONS ON THE RAIDPOOLS SERVICES ARE ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, OR RELIABLE; WHETHER ANY DEFECTS TO THE RAIDPOOLS SERVICES WILL BE REPAIRED; AND WHETHER YOUR USE OF THE RAIDPOOLS SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION.

THE COMPANY PARTIES FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM ERRORS, COMPUTER VIRUS OR OTHER HARMFUL ELEMENTS.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO THE EXTENT SUCH JURISDICTIONS’ LAWS ARE APPLICABLE.

11. Limitations of Liability

1. UNDER NO CIRCUMSTANCES WILL ANY COMPANY PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING PERSONAL INJURY OR DEATH OR FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE RAIDPOOLS SERVICES AND/OR THE CONTENT, YOUR USE OF OR INABILITY TO USE THE RAIDPOOLS SERVICES, OR THE PERFORMANCE OF THE RAIDPOOLS SERVICES; ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR ACCESS TO OR USE OF THE RAIDPOOLS SERVICES; ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR OTHER RIGHTS OWNERS; ANY ERRORS OR OMISSIONS IN THE RAIDPOOLS SERVICES’S TECHNICAL OPERATION; OR ANY DAMAGE TO ANY USER’S DEVICE, COMPUTER, HARDWARE, SOFTWARE, MODEM, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE, OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING LOSSES OR DAMAGES IN FORM OF LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR EQUIPMENT FAILURE OR MALFUNCTION.

THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY EVEN IF ANY OF THE EVENTS OR CIRCUMSTANCES WERE FORESEEABLE AND EVEN IF COMPANY PARTIES WERE ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, REGARDLESS OF WHETHER YOU BRING AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE WEBSITE).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OF THE SORT THAT ARE DESCRIBED ABOVE, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY PARTIES’ TOTAL LIABILITY TO YOU IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE WEBSITE AND YOUR RIGHTS UNDER THESE TERMS EXCEED AN AGGREGATE OF $180.00 FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION.

1. WAIVER OF INJUNCTIVE RELIEF. YOU ALSO AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY USE OF THE RAIDPOOLS SERVICES OR ANY OTHER WEB SITE, PROPERTY, PRODUCT, RAIDPOOLS SERVICES, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE COMPANY PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE OR OTHER MATERIALS OWNED OR CONTROLLED BY THE COMPANY PARTIES OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
2. WAIVER OF UNKNOWN CLAIMS. BY ACCESSING THE RAIDPOOLS SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS CONCERNING CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND BY SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

12. Indemnification

You agree to indemnify, defend and hold harmless the Company Parties from and against any claims, damages, losses, costs, liabilities, judgments, settlements, and expenses, including reasonable attorneys’ fees, resulting from (a) your Content; (b) your use of the RaidPools Services or activities in connection with the RaidPools Services; (c) your breach or alleged breach of this Agreement; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your device used to access the RaidPools Services, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or another right of any person or defames any person; or (f) any misrepresentation made by you.

You will cooperate as fully required by any Company Party in the defense of any claim. Notwithstanding the foregoing, each Company Party retains the exclusive right to settle, compromise and pay any claims, demands, proceedings, suits, actions, or causes of action that are brought against it. Each Company Party reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not, in any event, settle any claim without the prior written consent of a duly authorized employee of the respective Company Party.

13. Location of Website and Territorial Restrictions

The information provided on the RaidPools Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. We control and operate the RaidPools Services from offices located in the United States. We make no representations or warranties that the information, products, or services contained in the RaidPools Services are appropriate for use or access in other locations. Anyone using or accessing the RaidPools Services from other locations does so on their initiative and is responsible for compliance with the United States, and local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable. We reserve the right to limit the availability of the RaidPools Services and/or the provision of any content, program, product, service, or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.

14. Governing Law, Jurisdiction and No Class Actions

THIS AGREEMENT SHALL BE GOVERNED BY, INTERPRETED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. YOU AGREE THAT THE EXCLUSIVE JURISDICTION, FORMAND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE RAIDPOOLS SERVICES, THE USE OR ACCESS THEREOF, OR THIS AGREEMENT OR THE CONTENT MUST BE IN THE STATE OR FEDERAL COURTS LOCATED IN AND/OR SERVING BOSTON, MASSACHUSETTS AND YOU HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS LOCATED IN AND/OR SERVING BOSTON, MASSACHUSETTS FOR ANY SUCH LEGAL PROCEEDING. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE CONCERNING THE RAIDPOOLS SERVICES, THE CONTENT AND/OR THE AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.

NO CLASS ACTIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION YOU MAY HAVE IN CONNECTION WITH OR RELATED TO THE RAIDPOOLS SERVICES WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORTING TO ANY FORM OF CLASS ACTION.

15. Updates to Terms

We reserve the right to modify or add to this Agreement, at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the RaidPools Services so that they are accessible via a link on the home page of the RaidPools Services and that your use of the RaidPools Services after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review this Agreement and any Updated Terms before using the RaidPools Services. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the RaidPools Services from that point forward.

16. Miscellaneous

If we fail to act concerning any breach of this Agreement by you or others, that does not constitute a waiver and will not limit our rights concerning such breach or any subsequent breaches. We shall not be deemed to have waived any provision of this Agreement unless we do so in writing that is signed by one of our duly authorized officers. We may assign our rights and duties under this Agreement to any party at any time without any notice to you. You may not assign this Agreement to anyone. If any provision of this Agreement will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these this Agreement and will not affect the validity and enforceability of any remaining provisions. You agree that this Agreement will not be construed against us by our having drafted them.