Terms & Conditions

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Effective Date: 7/25/24

These Terms and Conditions (“Terms”) govern your access to the RahRah Solutions website, located at rahrahsolutions.com (the “Site”), our mobile application entitled “RahRah” (the “App”), and/or the services, products, promotions and discounts offered from time to time through the Site and App and any orders that you place (collectively, the “Services”). The Terms you see below are important because they:

  • Outline your legal rights on the Site and App
  • Explain the rights you give to us when you use the Site and App and Services
  • Describe the rules everyone needs to follow when using the Site and App
  • Contain a class action waiver and an agreement to resolve any disputes that may arise by arbitration.

Please read these Terms, our Privacy Policy and any other terms referenced in this document carefully.

INTRODUCTION

Thanks for choosing RahRah Solutions (“RahRah,” “we,” “us,” “our”). By signing up or otherwise using any of the RahRah Services, including all associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with our Services, or accessing any content or material that is made available through the Services (the “Content”) you are entering into a binding contract with RahRah Solutions.

Your agreement with us includes these Terms, our Privacy Policy, Children's COPPA Privacy Notice our Children’s COPPA Privacy Notice, and any additional terms that you agree to, as discussed in the Entire Agreement section below (collectively, the “Agreements”). The Agreements include terms regarding future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy, waiver of class actions, and resolution of disputes by arbitration instead of in court. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the Services or access any Content.

In order to use the Services and access any Content, you need to (1) be 18 years or older, or, if under the age of 18, have your parent or guardian’s consent to the Agreements, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) reside in the United States. In the event that we learn that we have gathered personal information from anyone under the age of 13 without the consent of a parent or legal guardian, we will delete that information as soon as possible. If you believe we have collected such information, please contact us at the email or mailing address listed under the “Contact Us” heading below. You also promise that any registration information that you submit to us is true, accurate, and complete, and you agree to keep it that way at all times.

CHANGES TO THE AGREEMENTS

Occasionally we may make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account by contacting us at 1-800-613-0482 or support@rahrahsolutions.com.

ENJOYING THE SERVICES

Here’s some information about all the ways you can enjoy the Services.

Service Options

You can find a description of our Service options on our website, and we will explain which Services are available to you when you create an account. The Services may require payment before you can access them, as described below in Billing (such Services are referred to in certain contexts herein as the “Paid Memberships”). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services in conjunction with or through the Services. We are not responsible for the products and services provided by any third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans and promotional offerings at any time in accordance with these Terms.

PAYMENTS AND CANCELLATIONS

Billing

You may purchase a paid membership directly from a RahRah! affiliated school or youth organization by paying a membership fee.

RahRah may change the price for the paid memberships, including recurring membership fees, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next membership period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Services after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from your membership prior to the price change going into effect by contacting RahRah https://rahrahsolutions.com/contact. As described below, the cancellation will take effect the day after the last day of the current membership period. We do not provide refunds or credits for any partial membership periods.

Renewal; Cancellation

Your payment to RahRah will automatically renew at the end of the applicable membership period, unless you cancel your Paid membership before the end of the then-current membership period by clicking https://rahrahsolutions.com/co.... The cancellation will take effect the day after the last day of the current membership period. We do not provide refunds or credits for any partial membership periods.

USING OUR SERVICE

The Services and the Content are the property of RahRah or its licensors. We grant you limited, non-exclusive, revocable permission to make use of the Services, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content (collectively, “Access”). This Access shall remain in effect until and unless terminated by you or us. You promise and agree that you are using the Services and Content for your own personal, non-commercial use and that you will not redistribute or transfer the Services or the Content.

The RahRah software applications and the Content are not sold or transferred to you, and RahRah and its licensors retain ownership of all copies of the RahRah software applications and Content even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers and/or other devices (“Devices”).

All RahRah trademarks, service marks, trade names, logos, domain names, and any other features of the RahRah brand (“RahRah Brand Features”) are the sole property of RahRah or its licensors. The Agreements do not grant you any rights to use any RahRah Brand Features whether for commercial or non-commercial use.

You agree to abide by our user guidelines set forth below and not to use the Services, the Content, or any part thereof in any manner not expressly permitted by the Agreements. RahRah grants no right, title, or interest to you in the Services or Content.

Third party software accessed in connection with the Services are made available to you under the relevant third-party software library’s license terms as published in the help or settings section of our desktop and mobile client and/or on our website.

Any Content you create or own or to which you have a license and use on the Services is “Your Content”. In sharing Your Content on the Services, you warrant and represent you have the legal right to use Your Content and grant RahRah an irrevocable, royalty-free, fully paid up, worldwide, non-exclusive license to use Your Content in providing any Services as described in these Terms and in any posted policies on the Services. The Services may also provide you with features like photo thumbnails, previews, easy sorting, editing, sharing, creating templates, and searching. These and other features may require RahRah systems to access, store, and scan Your Content. You may also be able to share Your Content with others, so please think carefully about what you share.

Third Party Applications and Devices

The Services are integrated with or may otherwise interact with third party applications, websites, and services (“Third Party Applications”) and third-party Devices to make the Services available to you. These Third-Party Applications and Devices may have their own terms and conditions of use and privacy policies and your use of these Third-Party Applications and Devices will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that RahRah does not endorse and is not responsible or liable for the behavior, features, or content of any Third-Party Application or Device or for any transaction you may enter into with the provider of any such Third-Party Applications and Devices, nor does RahRah warrant the compatibility or continuing compatibility of the Third-Party Applications and Devices with the Service.

Rights you grant us

In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the Services to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the Services, the Content you access, including its selection and placement, may be influenced by commercial considerations, including RahRah’s agreements with third parties. Some Content licensed by, provided to, created by or otherwise made available by RahRah may contain advertising as part of the Content. The Services makes such Content available to you unmodified.

If you provide feedback, ideas or suggestions to RahRah in connection with the Services or Content (“Feedback”), you acknowledge that the Feedback is not confidential, and you authorize RahRah to use that Feedback without restriction and without payment to you.

User guidelines

RahRah respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure RahRah stays enjoyable for everyone. You must follow these rules and should encourage other users to do the same.

The following is not permitted for any reason whatsoever:

  1. copying, redistributing, reproducing, transferring, or making available to the public any part of the Services or the Content, or otherwise making any use of the Services or the Content which is not expressly permitted under the Agreements or applicable law, or which otherwise infringes the intellectual property rights in the Services or the Content or any part of it.
  2. using the Services to import or copy any local files (including related to promotions and discounts) that you do not have the legal right to import or copy in this way.
  3. reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the Services, Content or any part thereof except to the extent permitted by applicable law.
  4. circumventing any technology used by RahRah, its licensors, or any third party to protect the Content or the Service.
  5. selling any part of the Services or the Content.
  6. circumventing any territorial restrictions applied by RahRah.
  7. removing or altering any copyright, trademark, or other intellectual property notices contained on the Content or the Service or provided through the Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
  8. circumventing or blocking advertisements in the Services, or creating or distributing tools designed to block advertisements in the Services; or
  9. providing your password to any other person or using any other person’s username and password.

Please respect RahRah, the owners of the Content, and other users of the Services. Don’t engage in any activity or register and/or use a username, which is or includes material that:

  1. is offensive, abusive, defamatory, pornographic, threatening, or obscene.
  2. is illegal or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of RahRah or a third party.
  3. includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data.
  4. includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service.
  5. is intended to or does harass or bully other users.
  6. impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading.
  7. involves the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar.
  8. involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by RahRah.
  9. links to, references, or otherwise promotes commercial products or services, except as expressly authorized by RahRah.
  10. interferes with or in any way disrupts the Services, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or RahRah’s computer systems, network, usage rules, or any of RahRah’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
  11. conflicts with the Agreements, as determined by RahRah.

You acknowledge and agree that violating these user guidelines may result in immediate termination or suspension of your RahRah account. You also agree that RahRah may reclaim your username for any reason. However, RahRah does not undertake to review material before it is posted on the Services. Accordingly, RahRah assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. RahRah has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

YOU WAIVE AND HOLD HARMLESS RAHRAH! AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY RAHRAH! OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS RELATED TO USER CONTENT AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password as soon as possible.

Service limitations and modifications.

RahRah will make reasonable efforts to keep the Services operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. RahRah reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Services, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Services or any function or feature thereof. RahRah and/or the owners of any Content may, from time to time, remove any such Content without notice. This section will be enforced to the extent permissible by applicable law.

Calls and Text Messaging

You may have the opportunity to receive SMS or "text" messages, pre-recorded voice messages or auto-dialed phone calls from RahRah, its affiliates and related entities as well as third parties. Such messaging may be used to authenticate your identity or mobile device, as well as provide you informational updates about services or products you may have requested. In providing your mobile device number or cell phone number to RahRah, you knowingly consent to such communications from or on behalf of RahRah or for RahRah to use your cell phone number or mobile device number in accordance with our Privacy Policy. In providing your number and accepting these Terms, you represent that you have the authority to agree to receive text messages at the telephone number that you provide to RahRah, or from which you sent the text message request to RahRah. You further acknowledge that no purchase is required to opt into this service, and you may opt out at any time by following instructions provided in RahRah’s communications to you.

Not all mobile devices or handsets may be supported by this service. RahRah and any mobile carriers are not liable for delayed or undelivered messages. Message and data rates may apply to any text messages. Message frequency depends on the nature of your request. You hereby agree to be responsible for all costs, charges and fees you incur from your service or device provider as a result of choosing to receive such messages from RahRah.

CUSTOMER SUPPORT

For customer support with account-related and payment-related questions (“Customer Support Queries”), please contact us at 1-800-613-0482 or support@rahrahsolutions.com. We will use reasonable endeavors to respond to all Customer Support Queries within a reasonable time frame, but we make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.

Export control.

RahRah’s products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and (2) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions.

You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from RahRah under the Agreements to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations.

TERM AND TERMINATION

The Agreements will continue to apply to you until terminated by either you or RahRah. RahRah may terminate the Agreements or suspend your access to the Services at any time, including in the event of your actual or suspected unauthorized use of the Services and/or Content, or non-compliance with the Agreements, or if we withdraw Services and/or Content (in which case we shall provide you with reasonable notice in advance of doing so). If you or RahRah terminate the Agreements, or if RahRah suspends your access to the Services, you agree that RahRah shall have no liability or responsibility to you, and RahRah will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate the Agreements at any time. To learn how to terminate your RahRah account, please contact us at support@rahrahsolutions.com. This section will be enforced to the extent permissible by applicable law.

Sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.

WARRANTY DISCLAIMER

YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. RAHRAH! AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER RAHRAH! NOR ANY OWNER OF CONTENT WARRANTS THAT THE SERVICES ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, RAHRAH! MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY APPLICATIONS OR PRODUCTS (OR THE CONTENT THEREOF), DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND RAHRAH! IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM RAHRAH! SHALL CREATE ANY WARRANTY ON BEHALF OF RAHRAH. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.

LIMITATION AND TIME FOR FILING

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO UNINSTALL ANY RAHRAH! SOFTWARE AND TO STOP USING THE SERVICES. YOU AGREE THAT RAHRAH! HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR PRODUCTS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICES, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS OR PRODUCTS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO RAHRAH!, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR PRODUCTS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS OR PRODUCTS.

IN NO EVENT WILL RAHRAH!, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE RAHRAH! SERVICES, DEVICES, THIRD PARTY APPLICATIONS OR PRODUCTS, OR THIRD-PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER RAHRAH! HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, THIRD PARTY APPLICATIONS OR PRODUCTS, OR THIRD-PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO RAHRAH! DURING THE PRIOR TWELVE MONTHS IN QUESTION.

YOU AGREE THAT ANY CLAIM AGAINST RAHRAH! MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION OR FILING AN INDIVIDUAL ACTION IN ACCORDANCE WITH THESE TERMS WITHIN ONE YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.

SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

ENTIRE AGREEMENT

Other than as stated in this section or as explicitly agreed upon in writing between you and RahRah, the Agreements constitute all the terms and conditions agreed upon between you and RahRah and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

Please note, however, that certain aspects of your use of the Services may be governed by additional agreements. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Some of those additional terms are listed on RahRah’s website. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.

Severability, waiver and interpretation

Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by RahRah to enforce the Agreements or any provision thereof shall not waive RahRah’s right to do so.

As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”

ASSIGNMENT

RahRah may assign the Agreements, and any of its rights under the Agreements, in whole or in part, and RahRah may delegate any of its obligations under the Agreements. You may not assign the Agreements, in whole or in part, nor transfer or sub-license your rights under the Agreements, to any third party.

INDEMNIFICATION

You agree to indemnify and hold RahRah harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the Agreements or any one of them; (2) any activity in which you engage on or through the Services; and (3) your violation of any law or the rights of a third party.

CHOICE OF LAW, MANDATORY ARBITRATION, AND VENUE

Governing Law / Jurisdiction

The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the State of Minnesota, without regard to choice or conflicts of law principles. Further, you and RahRah agree to the jurisdiction of the courts located in Hennepin County of Minnesota to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreements (and any non-contractual disputes/claims relating to or arising in connection with them) and is not subject to mandatory arbitration below.

ARBITRATION AGREEMENT

This Arbitration Agreement applies only to users in the United States.

Dispute resolution and arbitration

You and RahRah agree that any dispute, claim, or controversy between you and RahRah arising in connection with or relating in any way to these Agreements or to your relationship with RahRah as a user of the Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual (not class) arbitration. You and RahRah further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.

Exceptions

Notwithstanding the clause above, you and RahRah both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Arbitration Agreement doesn’t stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

No Class Or Representative Proceedings: Class Action Waiver

YOU AND RAHRAH! 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 ACTION. Unless both you and RahRah agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

Arbitration rules

Either you or we may start arbitration proceedings. Any arbitration between you and RahRah will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Agreement. You and RahRah agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org.

Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

Notice; Process

A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). RahRah’s contact information for Notice is: 1-800-613-0482 or support@rahrahsolutions.com, or mail a response to: 4043 Sheridan Ave S Minneapolis, MN 55410. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or RahRah may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or RahRah shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, and the arbitrator issues you an award that is greater than the value of RahRah’s last written settlement offer, then RahRah will instead pay you the amount of the award. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.

Enforceability

If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in Section 19.1 shall govern any claim in court arising out of or related to the Agreements.

CONTACT US

If you have any questions concerning the Services or the Agreements, please contact Customer Support at 1-800-613-0482 or support@rahrahsolutions.com.

Thank you for reading our Terms. We hope you enjoy the RahRah Membership!

Contracting entity: Tri-State Solutions, dba RahRah Solutions