Rakudoku USA. (“Rakudoku USA” “our,” “us,” or “we”) knows your privacy is important to you, and we are committed to providing a safe and secure user experience. This Privacy Policy is incorporated into the Rakudoku USA Terms of Service, and describes the personal information we collect, how we use it, and with whom we share it, including for information collected through the use of (1) Rakudoku USA online at Rakudoku-usa.com, (2) Rakudoku USA online on mobile devices, and (3) any other services that include a link to and/or copy of this Privacy Policy on the home page of the applicable website or similar location (e.g., a settings page) for any applicable mobile applications (collectively, “Rakudoku USA”), which are owned and operated Rakudoku USA . It describes how we collect, use, secure, and share information of our users and individuals whose payment details are used to purchase Rakudoku USA (collectively, “you” or “your”). It also describes how to access, update, and correct your personal data and the choices available to you regarding your personal data. Under applicable law, Rakudoku USA is the data controller of your personal data.
Before you use or submit any information through or in connection with Rakudoku USA, please carefully review this Privacy Policy. By using any part of Rakudoku USA, you acknowledge that Rakudoku USA may collect, use, and disclose your information as further outlined in this Privacy Policy.
Thank you for using Rakudoku USA! Rakudoku USA is created by Rakudoku USA.Co. (“Rakudoku,” “our,” “us,” “we,” or “Rakudoku USA”). These TOS govern the use of Rakudoku USA services online (1) at Rakudoku-usa.com, (2) on mobile devices, and (3) on any other services that include a link to and/or copy of this TOS on the homepage of the applicable website or similar location (e.g. a settings page) for any applicable mobile applications (collectively, “Rakudoku USA”), which are owned and operated by Rakudoku USA.
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in Rakudoku USA in any manner, and each of your heirs, assigns, and successors.
1. Eligibility
To use Rakudoku USA you must be, and represent and warrant that you are, of legal age (18 years of age or older or otherwise of legal age in your jurisdiction, or, if you have parental consent, 13 years of age) and competent to agree to these TOS. If Rakudoku USA has previously prohibited you from accessing or using Rakudoku USA, you are not permitted to access or use Rakudoku USA.
2. Your Account Information
Rakudoku USA provides a personalized content and training experience. When you create an Account, we require you to provide information about yourself, including your email address and a password (“Account Information”). You agree to provide accurate, current, and complete information during the registration process, and to update information to keep it accurate, current, and complete. We may allow you to register for an Account using third-party account and log-in credentials, such as Facebook and Google. You are solely responsible for safeguarding your Account Information or any log-in credentials for any third-party account. You are solely responsible for all activity that occurs on your Account, and you will notify us immediately of any unauthorized use. Rakudoku USA will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or Account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by Rakudoku USA or a third party due to someone else using your Account.
3. Intellectual Property
Rakudoku USA is protected by U.S. and international intellectual property laws and you agree to abide by them. Without our prior written consent, you may not download, copy or store Rakudoku USA content in any form outside of Rakudoku USA and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any Rakudoku USA content. You agree that all data and algorithms in our flash files and associated servers are “trade secrets” as defined, without limitation, in the California Uniform Trade Secrets Act. You agree to comply with reasonable written requests from us to help us in protecting our proprietary and intellectual property rights in Rakudoku USA. All intellectual property rights in Rakudoku USA are, as between you and Rakudoku USA, the sole and exclusive property of Rakudoku USA.
Some Rakudoku USA features either now or in the future may allow you to post or submit content and materials for publication on Rakudoku USA (“Your Content”). You own any intellectual property rights to Your Content, but you agree that we can use, reproduce, modify, adapt and publish Your Content for purposes of enabling us to offer Rakudoku USA or the features you have elected to use. You are responsible for Your Content, and acknowledge that once published, we cannot always remove it.
We appreciate when you provide us feedback through customer service or by email or social features, but we may use any feedback, comments, or suggestions without any obligations to you.
4. User Content and Feedback
Some Rakudoku USA features either now or in the future may allow you to post, transmit, or submit content and materials to, through, or on Rakudoku USA (collectively, “Your Content”). Your Content may or may not be viewable by other users. You are responsible for Your Content, and acknowledge that once published, we cannot always control who can access and copy it.
You own any intellectual property rights to Your Content, but you grant Rakudoku USA a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licensable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, sell, lease, transmit, disassemble, and publish Your Content for purposes of enabling us to offer Rakudoku USA or the features you have elected to use. You are responsible for Your Content, and acknowledge that once published, we cannot always remove it. Notwithstanding the foregoing, our use of your personal data shall be governed by our Privacy Policy.
You acknowledge and agree that Your Content is your sole responsibility. You further agree that you have all required rights to post, transmit, or submit Your Content to, through, or on Rakudoku USA without violation of any third-party rights. You understand that Rakudoku USA does not control, and is not responsible for, Your Content, and that by using Rakudoku USA, you may be exposed to content from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Content from other users may contain typographical errors, other inadvertent errors, or inaccuracies. You will indemnify, defend, and hold harmless Rakudoku USA for all claims resulting from Your Content. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.
We appreciate when you provide us feedback, comments, questions, or suggestions concerning Rakudoku USA, or our services (collectively, “Feedback”). By sending us any Feedback, you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Rakudoku USA and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your Account or Rakudoku USA.
We are providing you with access to Rakudoku USA pursuant to a limited, non-exclusive, non-sublicensable, non-transferable, revocable license. You can use Rakudoku USA for personal, non-commercial use only, and subject to the TOS. This license is available to you as long as you are not barred from Rakudoku USA by applicable law and your Account is not terminated by us or by you. If the TOS are not enforceable where you are located, you may not use Rakudoku USA. Rakudoku USA reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.
5. Your License to Use Rakudoku USA
We are providing you with access to Rakudoku USA pursuant to a limited, non-exclusive, non-sublicensable, non-transferable, revocable license. You can use Rakudoku USA for personal, non-commercial use only, and subject to the TOS. This license is available to you as long as you are not barred from Rakudoku USA by applicable law and your Account is not terminated by us or by you. If the TOS are not enforceable where you are located, you may not use Rakudoku USA. Rakudoku USA reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.
6. Canceling Your Account
While we hope you enjoy using Rakudoku USA, you may cancel your account at any time by contacting our customer support team. For information about the availability of refunds to info@easyspeedyreading.com.
7. Restrictions and Prohibited Uses
Rakudoku USA is used by millions of people, and we are proud of the trust our users place in us. We expect, in turn, that our users do not misuse our products and services. Except with our written permission, you shall not:
□Attempt to impersonate another person or use another person’s Rakudoku USA account information without authorization;
□Use or distribute Rakudoku USA for your own scientific or clinical research purposes;
□Use or distribute Rakudoku USA for commercial purposes;
□Falsely state or otherwise misrepresent your affiliation with a person or entity, or impersonate any person or entity in a manner that does not constitute parody;
□Copy, download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these TOS), modify, distribute, post, transmit, display, perform, reproduce, broadcast, duplicate, publish, republish, upload, license, reverse engineer, create derivative works from, or offer for sale any content or other information contained on or obtained from or through Rakudoku USA, by any means except as provided for in these TOS;
□Violate or attempt to violate Rakudoku USA’s security features, including logging into a server that you are not authorized to access, violating the restrictions in any robot exclusion headers, or probing the vulnerability of Rakudoku USA systems and networks;
□Post or otherwise make available any material that contains any software, device, instructions, computer code, files, programs and/or other content or feature that is designed to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment (including without limitation any time bomb, virus, malware, software lock, worm, self-destruction, drop-device, malicious logic, Trojan horse, trap door, “disabling,” “lock out,” “metering” device or any malicious code);
□Redistribute, decompile, reverse engineer, publish, or copy Rakudoku USA, including cracking its flash (.SWF) files;
□Use Rakudoku USA for the purpose of creating a product with a substantially similar look, feel or design;
□Access or search Rakudoku USA by any means other than our publicly supported interfaces (for example, scraping, in-line linking, framing, or using any robot, spider, web crawler, or any other method of access other than manually accessing the publicly-available portions of Rakudoku USA or accessing Rakudoku USA through any API approved by Rakudoku USA);
□Interfere with others’ use and enjoyment of Rakudoku USA;
□Post or do anything that could disable, overburden, or impair the proper working of Rakudoku USA;
□Solicit personal or sensitive information from other users including without limitation address, credit card or financial account information, or passwords;
□Use Rakudoku USA or any trademarks, game names, trade names, service marks, copyrights, or logos of Rakudoku USAs, in unsolicited mailings, spam material, contests or surveys, or to create the impression that such items are associated with you;
□Violate any third party’s rights, including intellectual property or privacy rights;
□Threaten, stalk, harm, or harass others; or engage in activity in connection that is fraudulent, abusive, defamatory, illegal or otherwise inappropriate
□Use or distribute Rakudoku USA for your own scientific or clinical research purposes;
□Use or distribute Rakudoku USA for commercial purposes;
□Falsely state or otherwise misrepresent your affiliation with a person or entity, or impersonate any person or entity in a manner that does not constitute parody;
□Copy, download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these TOS), modify, distribute, post, transmit, display, perform, reproduce, broadcast, duplicate, publish, republish, upload, license, reverse engineer, create derivative works from, or offer for sale any content or other information contained on or obtained from or through Rakudoku USA, by any means except as provided for in these TOS;
□Violate or attempt to violate Rakudoku USA’s security features, including logging into a server that you are not authorized to access, violating the restrictions in any robot exclusion headers, or probing the vulnerability of Rakudoku USA systems and networks;
□Post or otherwise make available any material that contains any software, device, instructions, computer code, files, programs and/or other content or feature that is designed to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment (including without limitation any time bomb, virus, malware, software lock, worm, self-destruction, drop-device, malicious logic, Trojan horse, trap door, “disabling,” “lock out,” “metering” device or any malicious code);
□Redistribute, decompile, reverse engineer, publish, or copy Rakudoku USA, including cracking its flash (.SWF) files;
□Use Rakudoku USA for the purpose of creating a product with a substantially similar look, feel or design;
□Access or search Rakudoku USA by any means other than our publicly supported interfaces (for example, scraping, in-line linking, framing, or using any robot, spider, web crawler, or any other method of access other than manually accessing the publicly-available portions of Rakudoku USA or accessing Rakudoku USA through any API approved by Rakudoku USA);
□Interfere with others’ use and enjoyment of Rakudoku USA;
□Post or do anything that could disable, overburden, or impair the proper working of Rakudoku USA;
□Solicit personal or sensitive information from other users including without limitation address, credit card or financial account information, or passwords;
□Use Rakudoku USA or any trademarks, game names, trade names, service marks, copyrights, or logos of Rakudoku USAs, in unsolicited mailings, spam material, contests or surveys, or to create the impression that such items are associated with you;
□Violate any third party’s rights, including intellectual property or privacy rights;
□Threaten, stalk, harm, or harass others; or engage in activity in connection that is fraudulent, abusive, defamatory, illegal or otherwise inappropriate
Engaging in prohibited uses is grounds for immediate termination of your Account, and may also subject you to civil or criminal penalties.
8. Disclaimers
YOU AGREE THAT USE OF RAKUDOKU USA IS AT YOUR OWN SOLE RISK AND THAT RAKUDOKU USA IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RAKUDOKU USA AND ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING RAKUDOKU USA, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Some jurisdictions do not allow the disclaimers in this paragraph, so they may not apply to you.
If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes the criminal acts of others.
RAKUDOKU USA STRIVES TO MAINTAIN RAKUDOKU USA ON A COMMERCIALLY REASONABLE BASIS AND CANNOT GUARANTEE THAT YOU WILL HAVE ACCESS TO RAKUDOKU USA AT ALL TIMES.
9. Limitation of Liability
IN NO EVENT SHALL RAKUDOKU USA OR ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES BE LIABLE WITH RESPECT TO RAKUDOKU USA FOR (I) IN THE AGGREGATE, ANY AMOUNT IN EXCESS OF THE FEES PAID BY YOU TO SUBSCRIBE TO RAKUDOKU USA; (II) LOST PROFITS, LOST DATA, OR FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE ARISING OUT OF YOUR ACCESS TO OR USE OF RAKUDOKU USA; OR (III) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN RAKUDOKU USAS AND YOU. YOU UNDERSTAND THAT LUMOSITY WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow the limitations in this section, so they may not apply to you. If you are a New Jersey resident, then the limitations herein specifically do apply to you.
10. DMCA Contact
We comply with the provisions of the Digital Millennium Copyright Act applicable to service providers. If you have any complaints with respect to material posted on Rakudoku USA, you may contact our designated agent by email to info@easyspeedyreading.com or at the following address;
Rakudoku USA
4113 Jefferson Ave
Redwood City,CA 94062
4113 Jefferson Ave
Redwood City,CA 94062
You must include the following information in your complaint:
□a description of the copyrighted work or other intellectual property that you claim has been infringed;
□a description of the material that you claim is infringing and where it is located on Rakudoku USA;
□your mailing address, telephone number, and if available, email address;
□a statement by you that you have a good faith belief that the use of the material on Rakudoku USA is not authorized by the copyright owner, its agent, or the law;
□a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner; and
□an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed.
□a description of the material that you claim is infringing and where it is located on Rakudoku USA;
□your mailing address, telephone number, and if available, email address;
□a statement by you that you have a good faith belief that the use of the material on Rakudoku USA is not authorized by the copyright owner, its agent, or the law;
□a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner; and
□an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed.
Please note that, pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
11. Indemnity
You will indemnify and hold harmless Rakudoku USA, its affiliates, officers and/or employees (and all successors and assigns of any of the foregoing), including by paying costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of Your Content, your violation of any applicable law, or the violation of the TOS by you.
12. Third-Party Links and Services
Through Rakudoku USA, you may be able to obtain (1) information and content provided by third parties; and (2) links to third-party websites or resources.Rakudoku USA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for (i) any content or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that Rakudoku USA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked sites or resources. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.
13. Modification and Termination
Rakudoku USA reserves the right at any time to modify or discontinue, temporarily or permanently, Rakudoku USA (or any part thereof), with or without notice. You agree that Rakudoku USA shall not be liable to you or any third party for any modification, suspension or discontinuance of Rakudoku USA.
These TOS are effective unless and until terminated by you or us. We may, in our sole and absolute discretion, deny you access to all or part of Rakudoku USA at any time for any or no reason at all, with or without notice to you. If we terminate your right to access Rakudoku USA, these TOS will terminate and all rights you have to access Rakudoku USA will immediately terminate; however, certain provisions of these TOS will still apply post termination, including without limitation, the Agreement to Arbitrate and Waiver of Class Action Claims provisions. Termination of your Account may also include, at Rakudoku USA’s sole discretion, the deletion of your Account and/or Your Content.
14. Agreement to Arbitrate and Waiver of Class Action Claims
PLEASE READ THIS SECTION 14 CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
You and Rakudoku USA agree that these TOS affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
A. GENERAL. YOU AGREE THAT YOU AND RAKUDOKU USAS WILL RESOLVE THROUGH BINDING ARBITRATION ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN US ARISING OUT OF OR RELATING IN ANY WAY TO RAKUDOKU USA OR YOUR USE THEREOF, INCLUDING THESE TOS (collectively, “ARBITRAL CLAIMS”),
with a few exceptions set forth below. The arbitrator, and not any court, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate, including any claim that all or any part of this Agreement to Arbitrate is void or voidable, or whether a claim is subject to arbitration.
ARBITRATION IS DIFFERENT FROM COURT. THE RULES, INCLUDING DISCOVERY, ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION, AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO LIMITED REVIEW BY A COURT.
YOU UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, YOU MAY HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
ARBITRATION IS DIFFERENT FROM COURT. THE RULES, INCLUDING DISCOVERY, ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION, AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO LIMITED REVIEW BY A COURT.
B. ARBITRATION SERVICES AND RULES. Judicial Arbitration and Mediation Services (“JAMS”) will administer the arbitration using the JAMS’ procedures and rules in effect on the date the Arbitration is filed (“JAMS Rules”). In the event the JAMS Rules are inconsistent with this Agreement to Arbitrate, this Agreement will prevail. JAMS is independent from us, and you may obtain copies of the current JAMS Rules, and other related materials, including forms and instructions for initiating arbitration, by contacting JAMS at 1920 Main Street, Suite 300, Irvine, CA 92614 1-800-352-5267 or www.jamsadr.com.
C. FILING AND ARBITRATION FEES. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, we will pay the fees invoiced by JAMS, including arbitrator and hearing expenses. Except as explicitly provided herein, you are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
C. FILING AND ARBITRATION FEES. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, we will pay the fees invoiced by JAMS, including arbitrator and hearing expenses. Except as explicitly provided herein, you are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
D. LOCATION OF ARBITRATION. If your claim is for $7,500 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Rules. Regardless of the amount of your claim, any in-person hearing will be held in the United States county where you live or work, Redwood City, CA, or any other location you and we mutually agree to.
E. SETTLEMENT AWARDS AND FEE REIMBURSEMENT. If you prevail, and the arbitrator issues an award that exceeds our best written settlement offer that we made prior to 30 days into the arbitration (or if we did not make a settlement offer before that point), then we will pay you the amount of the award or $7,500, whichever is greater. Also, if you prevail, and the arbitrator issues an award that exceeds our best written settlement offer that we made prior to 30 days into the arbitration (or if we did not make a settlement offer before that point) and the amount of the award is less than $7,500, we will reimburse you for your reasonable attorneys’ fees and costs.
F. EXCEPTIONS TO ARBITRAL CLAIMS. As an exception to this Section 14, you may assert claims on an individual basis, if they qualify under applicable rules, in Small Claims court. Also, either you or we may bring claims to enforce intellectual property rights without first engaging in arbitration or the informal dispute resolution described in this Section 14.
G. CLASS ACTION WAIVER. YOU AND RAKUDOKU USA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE WITH RAKUDOKU USA THAT NEITHER YOU NOR RAKUDOKU USA WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING;
THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; THAT NEITHER YOU NOR RAKUDOKU USAS WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE; AND BOTH PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable or that arbitration can proceed on a class basis, then this Agreement to Arbitrate shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
G. CLASS ACTION WAIVER. YOU AND RAKUDOKU USA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE WITH RAKUDOKU USA THAT NEITHER YOU NOR RAKUDOKU USA WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING;
H. NO RIGHT TO JURY TRIAL.
YOU AND RAKUDOKU USA LABS ALSO HEREBY WAIVE THE RIGHT TO A JURY TRIAL EVEN IF THIS AGREEMENT TO ARBITRATE IS HELD NOT TO APPLY. YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL IN THE EVENT THAT EITHER PARTY SELECTS ARBITRATION TO RESOLVE THE DISPUTE UNDER THIS AGREEMENT.
I. 30 DAY OPT OUT RIGHT.
You have the right to opt-out and not be bound by the arbitration and the class action waiver provisions set forth in this Section 14 by sending written notice of your decision to opt-out to the following address: RAKUDOKU USA, Co., ATTN: Arbitration Opt-out, 4113 Jefferson Ave. Redwood City, CA 94062, or by email to info@easyspeedyreading.com. For new users, the notice must be sent within 30 days of registering for Rakudoku USA, and for existing users, the notice must be sent within 30 days of the effective date of this policy. If you do not opt-out, you shall be bound to the terms in this Section 14. If you choose to opt-out, Rakudoku USA also will not be bound.
J. CHANGES TO THIS SECTION.
We will provide thirty (30) days’ notice of any changes to this section by posting on Rakudoku USA, sending you a message, or otherwise notifying you when you are logged into your Account. Amendments will become effective thirty (30) days after they are posted on Rakudoku USA or sent to you.
Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Agreement to Arbitrate and Waiver of Class Action Claims,” and the court or arbitrator shall apply the first Agreement to Arbitrate and Waiver of Class Action Claims section in existence after you began using Rakudoku USA.
K. SURVIVAL.
This Agreement to Arbitrate and Waiver of Class Action Claims section shall survive any termination of your Account or Rakudoku USA.
15. General
(a) Severability and Waiver. Except as set forth in the Agreement to Arbitrate and Waiver of Class Action Claims section, if any part of the TOS is held invalid or unenforceable, the remaining provisions of the TOS will remain in full effect and an enforceable term will be substituted reflecting yours and our intent as closely as possible. Either party’s failure to enforce any term or condition in the TOS is not a waiver of its right to do so later.
(b) Transparency in Coverage Notice. This link leads to the machine-readable files that are made available in response to the federal Transparency in Coverage Rule and includes negotiated service rates and out-of-network allowed amounts between health plans and healthcare providers. The machine readable files are formatted to allow researchers, regulators, and application developers to more easily access and analyze data.
(c) Governing Law, Jurisdiction and Venue. Except to the extent preempted by the Federal Arbitration Act (“FAA”), the TOS are governed by California law without regard to conflict of law provisions. Except as provided in Section 14, or to the extent preempted by the FAA, both parties further consent to the personal jurisdiction of and exclusive venue in the federal and state courts in San Francisco County, California as the legal forum for any dispute between them.
(d) Change Policy. The TOS may be updated from time to time. If we make material changes, we will provide advance notice to you either by email, by posting a notification on Rakudoku USA or by posting an updated TOS on Rakudoku USA at least 30 days in advance of the effective date of the updated TOS. Please note that unless otherwise provided by applicable law or as set forth above in the Agreement to Arbitrate and Waiver of Class Action Claims section, your continued use of Rakudoku USA following the effective date means that you agree with, and consent to be bound by, the updated TOS
(d) Change Policy. The TOS may be updated from time to time. If we make material changes, we will provide advance notice to you either by email, by posting a notification on Rakudoku USA or by posting an updated TOS on Rakudoku USA at least 30 days in advance of the effective date of the updated TOS. Please note that unless otherwise provided by applicable law or as set forth above in the Agreement to Arbitrate and Waiver of Class Action Claims section, your continued use of Rakudoku USA following the effective date means that you agree with, and consent to be bound by, the updated TOS
(e) Miscellaneous. The TOS are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous written and oral agreements relating to the subject matter of the TOS. If there is any conflict between the TOS and any additional terms, conditions, and rules posted by Rakudoku USA on Rakudoku USA, the TOS shall govern, unless otherwise indicated. Sections 2-15 shall survive any termination of the TOS.
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