Terms of Use

Please read the following Terms of Use carefully before using Raiven browser extension browser extension and any related websites (the “Services”). By accessing or using Raiven browser extension browser extension or any of the Services, you agree to all of the terms and conditions set forth below (“Terms of Use”). You should review these Terms of Use regularly as they may change at any time at our sole discretion. If you do not agree to any term or condition, you should not access or otherwise use Raiven browser extension browser extension or the Services. Your continued use of Raiven browser extension browser extension and any Services means you accept and agree to be bound by the modified Terms of Use.

1. What is Raiven browser extension Browser Extension?

Raiven browser extension is an easy-to-use, powerful tool that that gives you the freedom to search on any supported e-commerce website and the Raiven browser extension alerts you when it finds an exact match or similar item with a lower total cost from one of our preferred suppliers.

2. How Does Raiven browser extension Browser Extension Work?

When shopping on a supported website, the Raiven browser extension actively looks for and surfaces best value recommendations aligned with your organization’s procurement guidelines. You will be given a visual cue, which guides you toward the best value option and a simple way to add the items to the Raiven cart and complete the purchase through a supported checkout service.

3. How You Can Access Raiven browser extension?

The company with whom you are employed may have signed an enterprise license allowing you to utilize Raiven browser extension. In that case, you are using and accessing Raiven browser extension browser extension subject to any additional terms between Raiven and your employer, who is an “Enterprise Customer.” You may have also received an invitation to use Raiven browser extension browser extension from one of the suppliers who makes their products available through Raiven browser extension browser extension. In that case, you are an individual user working under the terms of a “Partner Customer”. You may also receive an invitation to utilize Raiven browser extension browser extension directly from Raiven, in which case you are an “Individual User.”

4. Your Right to Use Raiven Browser Extension

Subject to these Terms of Use, any additional terms governing this agreement if you are an Enterprise Customer or a Partner Customer, you may access and use such Raiven browser extension and any content made available by Raiven browser extension solely for your own use or on behalf of the company for which you work. The “Term” of your use will commence once you have accepted these Terms of Use, and either party may terminate the Term at any time by notifying the other party in writing, or by Raiven disabling access to Raiven browser extension.

All content made available by Raiven browser extension, along with the copyrights, trademarks, service marks and other intellectual property rights in such content, are the property of Raiven, the Suppliers who make available the information about their products, and/or third-party licensors. Raiven browser extension is the subject of a patent which is currently pending issuance, and Raiven reserves all rights related thereto.

Raiven, its affiliated suppliers or its third-party licensors, as applicable, reserve all rights not expressly granted in and to such content. Raiven and/or its licensors own all right, title and interest, including all related Intellectual Property Rights, in and to Raiven browser extension and each of its component modules, enhancements, modifications, extensions, and/or derivative works thereof. All data or any kind provided by product Suppliers remain the property of those Suppliers. You (or your company) shall retain all right, title and interest to your data (“Customer Data”); provided that you grant to Raiven a royalty-free, limited (for the Term), non-exclusive, worldwide license for Raiven to use and process Customer Data solely for the purposes set forth in these Terms of Use. Except for the limited rights expressly granted to you hereunder, no other rights are granted, and no other use is permitted. Your use pursuant to these Terms of Use is not a sale and does not convey to you any rights of ownership in or related to Raiven browser extension or the Intellectual Property Rights owned by Raiven.

5. We Are Not Responsible for the Products You Purchase from Suppliers

Raiven browser extension is a search tool that allows you to purchase products directly from Suppliers who make their products searchable through Raiven browser extension at discounted prices. By using Raiven browser extension, we do not warrant or represent that:

the quality or safety of any particular Product or Supplier;
any statements made by a Supplier about their Products;
the pricing quoted by Supplier is competitive;
the Products are available for purchase or delivery in the manner stated by the Supplier;
the Product is free from any defects or is safe to use;
your access to Raiven browser extension will be free from interruptions or errors.

Raiven does not endorse and is not responsible or liable for any Product or Supplier, nor any of related claims, including for Content, data, advertising, products, goods or services available or unavailable from, or through any other third party.

6. We Provide Raiven browser extension “As Is,” Disclaim All Warranties and Limit Our Liability

We will endeavor to display accurately the information provided to Raiven by Suppliers to which you are subscribed and allow you to efficiently search and filter whatever data is provided by the Suppliers. Raiven Services contain open source components and you can find the license attributions at www.raiven.com/source/attributions. Raiven further warrants that it will accurately transmit the information received from you to our Suppliers regarding the Products for which you have placed orders.

EXCEPT AS SET FORTH ABOVE, RAIVEN BROWSER EXTENSION AND ALL RELATELD SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WE DO NOT ASSUME ANY LIABILITY OF ANY KIND RELATED TO YOUR USE OF RAIVEN BROWSER EXTENSION OR THE SERVICES. IN OTHER WORDS, YOU USE RAIVEN BROWSER EXTENSION AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE (“RELEASED PARTIES”) BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. RAIVEN MAKES NO WARRANTY AND IS NOT LIABLE FOR THE SAFETY, RELIABILITY, DURABILITY OR QUALITY OF THE PRODUCTS PURCHASED OR THE USE OF ANY SUCH PRODUCTS BY CUSTOMER, AUTHORIZED USER AND/OR ANY OF THEIR EMPLOYEES, AGENTS, CONTRACTORS, OR SERVICE TECHNICIANS. ALL PRODUCTS PURCHASED THROUGH THE RAIVEN BROWSER EXTENSION ARE PURCHASED AS-IS FROM THE ACTUAL MANUFACTURER OF THE PRODUCT, AND RAIVEN SHALL NOT BE LIABILE FOR ANY DEFECT WITH RESPECT TO MANUFACTURE OR DESIGN OF THE PRODUCT. AUTHORIZED USERS SHALL BE SOLELY RESPONSIBLE FOR MAKING ANY SELECTION OR DECISIONS REGARDING WHICH PRODUCT(S) TO PURCHASE BASED ON THEIR OWN INDEPENDENT RESEARCH AND EVALUATION. PRODUCTS RECOMMENDED BY THE PLATFORM RELATE ONLY TO PRICE AND AVAILABILITY OF THE PRODUCT AND ARE NOT MEANT AS A RECOMMENDATION THAT A PRODUCT FITS THE REQUIREMENTS OF AUTHORIZED USER, NOR IS IT A RECOMMENDATION THAT A PRODUCT SHOULD BE UTILIZED FOR ANY PURPOSE. RAIVEN ADDITIONALLY DISCLAIMS ANY DAMAGES CAUSED BY OR RELATED TO (A) ANY DELAY; (B) FAILURE OF ANY DELIVERY OR A PRODUCT; (C) PERSONAL INJURY OR PRODUCT LIABILITY RELATED TO ANY PRODUCT; (D) CLAIMS FOR LOSS OR DAMAGE TO PROPERTY, LOSS OF USE, LOSS OF DATA OR LOSS OF PROFIT ARISING OUT OF THE USE OF YOUR PROPERTY, OR ANY SYSTEM, OR THE INABILITY TO USE RAIVEN BROWSER EXTENSION OR THE SERVICES; (E) COSTS OF ANY EQUIPMENT DAMAGED BY A PRODUCT; (F) THE REPRESENTATION OR STATEMENTS MADE BY ANY SUPPLIER, WHETHER INTENTIONAL, NEGLIGENT OR OTHERWISE; OR (G) ADHERANCE OR LACK OF ADHERANCE WITH ANY BUILDING CODES OR OTHER LAWS GOVERNING THE PRODUCTS, EVEN IF ONE OF OUR REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF YOUR DAMAGES. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF ANY USER, INCLUDING SUPPLIERS OR ARISING FROM THE PRODUCTS THEY SELL. IN NO EVENT WILL WE OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES OR PROGRAM SPONSORS (“RELEASED PARTIES”) BE HELD LIABLE FOR ANY NEGLIGENT, TORTUOUS OR ILLEGAL CONDUCT OF SUPPLIERS OR THEIR PRODUCTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. WITH RESPECT TO DIRECT DAMAGES RELATED TO THESE TERMS OF USE, THE LIABILITY FOR SUCH DAMAGES SHALL NOT EXCEED $100 IN THE AGGREGATE.

IN ALL EVENTS, YOU WAIVE THE RIGHT TO BRING OR ASSERT ANY CLAIM AGAINST ANY RELEASED PARTY RELATING TO ANY INTERACTIONS OR DEALINGS WITH ANY SUPPLIER AND ITS PRODUCTS, AND YOU HEREBY RELEASE ALL RELEASED PARTIES FROM ANY AND ALL LIABILITY FOR OR RELATING TO ANY INTERACTIONS, DEALINGS OR PURCHASES WITH SUPPLIERS AND THEIR PRODUCTS.

7. About the Information You Provide

With regard to any content you input into Raiven browser extension in order to make use of its functions (“User Data”), you agree that:

you grant to us a royalty free, limited (during the Term) worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, publicly display, create derivative works from, and incorporate into other works any User Data, and further acknowledge that we may retain this information in archival backups after the Term expires;
you own or have secured all legal rights and consents necessary for the User Data;
if these features are enabled, you are solely responsible for your reviews and ratings, and that all of your reviews and ratings are based upon your actual first-hand experiences with the Products or Suppliers you are reviewing or;
if these features are enabled, all of your reviews and ratings of the Products or Suppliers that you are rating will be accurate, honest, truthful, and complete in all respects;
you will not post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law;
we may, in our sole discretion, determine whether any User Data complies with the Code of Conduct set forth below, and determine whether to remove or not to remove reviews and ratings once published in accordance with such Code of Conduct.

8. What Data Raiven Collects

As part of the normal operation and support of the Services, Raiven collects on an anonymous basis the following information about websites a User views where the Services may have relevant product or service recommendations. Raiven also tracks information regarding product queries, spending behavior and other statistics regarding purchases, uses and distribution of the products. With regard to specific queries, Raiven collects and process the URL, page metadata, and any page content of the retail website the user is visiting to find a comparable Raiven Supplier product or service, along with general information about your browser and OS. The page content may include, but not limited to, supplier part number, product description, product specification, unit of measurement, product image, price, and quantity. This information is used to operate, provide, and improve recommendations made by the Services. Raiven collects this information through tracking and other technologies that gather usage statistics about effectiveness of the Services for the purpose of improving the experience for both Customers and Suppliers. When Customer’s Users interact with the Services, Raiven connects this information with a Raiven account, including the name, email address, password, user preferences, and other account information, to personalize that specific profile. Raiven does not have access to payment information stored in the sites visit by such users. In situations where the Services is used via a mobile device, Raiven has access to the type of device being used, the device’s unique IDs (where available), the operating system, the browser type, IP address, and error logs.

9. How Raiven Uses and Shares Data

Raiven uses the data collected only in an aggregate, anonymized form for one or more of the following purposes: (A) to improve the accuracy of the recommendation engine and other product features (B) share deidentified, aggregated information with our Suppliers to improve recommendations and to offer Customer new products and services; (C) share with authorized personnel identified by Customer the Customer’s data regarding use of the Services by Authorized Users for purposes of determining whether Customer’s purchasing objectives are being met. Data shared with Suppliers may include the percentage of instances in which the Services surfaced Supplier alternatives as a percentage of total searches conducted across MRO sites, the percentage of Services-initiated clicks (i.e., on the “Add to Cart”, “Product Info”, or applicable good match icons) related to a particular Supplier, the frequency of search on MRO sites relative to Supplier searches, Customer manufacturer preferences derived from search and purchasing behavior, market information to assist in Supplier competitiveness by category and product. Customer confirms that it has the authority to consent, and hereby consents, to allow Raiven to process the collected information for the purpose stated above.

10. Code of Conduct

With regard to your use of Raiven browser extension, you agree not to:

intentionally or unintentionally violate these Terms of Use, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
use Raiven browser extension in any manner that violates any relevant law or that infringes, misappropriates or violates any third party's rights, including, but not limited to, transmitting any User Data that may infringe, misappropriate or violate a third party's rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
use Raiven browser extension or its Content for any purposes not authorized by this Terms of Use, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;
harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
attempt to gain unauthorized access to Raiven browser extension, other user accounts, or other computer systems or networks connected to the Website, or any other systems or networks connected to hacking, password 'mining' or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other user;
transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines; or
probe, scan or test the vulnerability of the Website, nor breach the security or authentication measures on the Website. You may not reverse look-up, trace or seek to trace any information on any other user, or exploit the Website in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by this Terms of Use.

11. We Do Not Have Responsibility for Links to Third Party Content

We may provide hyperlinks or pointers to other sites maintained by third parties or may provide third party content on our website by framing or other methods. The links to third party sites are provided for your convenience and information only. The content in any linked sites is not under our control so we are not responsible for the content, including any further links in a third party site. If you decide to access any of the third party sites linked to our website, you do this entirely at your own risk. It is up to you to take precautions to ensure that the third party you link to for your use is free of computer viruses, worms, Trojan horses and other items of a destructive nature. We reserve the right to terminate a link to a third party site at any time. The fact that we provide a link to a third party site does not mean that we endorse, authorize or sponsor that site. It also does not mean that we are affiliated with the third party site’s owners or sponsors. If a third party links to our site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not aware that a third party has linked to our site.

12. Raiven Trademarks and Service Marks

The trademark, service marks and logos of Raiven, along with those of our affiliates and Program Sponsors, which are used and displayed through Raiven browser extension are our registered and unregistered trademarks, or those of our affiliates and Suppliers. Use of Raiven browser extension should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of these trademarks without our written permission. Requests to use trademarks owned by other companies which may have their Products available through Raiven browser extension should be directed to such other companies. We aggressively enforce our intellectual property rights. The name of Raiven, our logo or any of the trademarks or service marks of our affiliates and Suppliers may not be used in any way, including in advertising or publicity pertaining to distribution of Products, without prior written permission.

13. You Agree to Indemnify Us for Using Raiven browser extension

By using Raiven browser extension, you agree to indemnify, defend and hold harmless Raiven, its officers, directors, employees, agents, licensors, Suppliers, and any third party information providers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees (“Claims”), resulting from or related to (a) any violation of these Terms of Use by you; (b) User Data submitted by you; and (c) any Claim related to the Products which you have purchased from any Supplier.

14. How This Agreement May Be Terminated

These Terms of Use may be terminated by either party without notice at any time for any reason. You may not no longer use Raiven browser extension after such termination. Sections 5,6,7,8,9,11,12,13,16, &17 of these Terms of Use shall survive any termination.

15. Notices May Be Provided Electronically

By using Raiven browser extension, you consent to receive electronic communications from us via email or directly to your account, and you agree that any such communications satisfy any legal requirement to make such communications in writing. You also agree that we may communicate any notices to you under these Terms of Use, through electronic mail or regular mail. All notices to Raiven will be provided by either sending: (i) an email to support@raiven.com; or (ii) a letter, first class certified mail, to Raiven, Inc., 2 Venture, Suite 550, Irvine, California 92618; Attn: User Services. Notices sent by mail will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.

16. Applicable Law

Any claims relating to Raiven browser extension and its Content shall be governed by the laws of the State of California without giving effect to any principles of conflicts of laws. You agree that any legal action or proceeding between us for any purpose concerning these Terms of Use or the parties’ obligations shall be brought exclusively in a federal or state court in Orange County, California, and you hereby agree and consent to such exclusive jurisdiction and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court; provided, however, that we may elect, in our sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Website or these Terms of Use shall be filed within one (1) year after such claim or cause of action arose or will forever be barred. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable.

17. Miscellaneous

These Terms of Use and other agreements, rules, and policies incorporated by reference to these Terms of Use, including, without limitation, constitutes the entire agreement between us and supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Raiven regarding the subject matter contained in these Terms of Use. Additional terms and conditions may exist between you and third parties, including but not limited to, Suppliers. These Terms of Use are not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer, assign or delegate this agreement and all rights and obligations hereunder without consent. No joint venture, partnership, employment or agency relationship exists between us as a result of these Terms of Use or use of Raiven browser extension. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use.

USE OF THE RAIVEN BROWSER EXTENSION CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE

PLEASE READ THESE TERMS CAREFULLY

Last Updated: September 1, 2020