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ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
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Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with us and limits the manner in which you can seek relief from us.
- Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to the raksBooks.com website or using raksBooks.com services or products, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or raksBooks.com may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
- Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at the following address: 935 Sheldon Ct Burlington Ontario L7L 5K6 Canada. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, raksBooks.com will pay them for you. In addition, raksBooks.com will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and raksBooks.com. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
- Waiver of Jury Trial. YOU AND raksBooks.com HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and raksBooks.com are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
- Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, than then claim must be severed from the arbitration and brought in the state or federal courts located in Calvert, Maryland. All other claims shall be arbitrated.
- 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: 935 Sheldon Ct Burlington Ontario L7L 5K6 Canada, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your company username (if any), the email address you used to set up your company account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
- Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with raksBooks.com.
- Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if raksBooks.com makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30 days of such change becoming effective by writing raksBooks.com at the following address: 935 Sheldon Ct Burlington Ontario L7L 5K6 Canada.
Governing Law and Jurisdiction
Prohibitions and Restrictions
You may only use the services for your own individual, personal and noncommercial purposes and you agree that you will not:
- Use the raksBooks.com service or its content to reproduce copyrighted materials
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- Rent, lease or sublicense, sell, transfer, distribute or publicly perform the raksBooks.com content in any manner and you will not exploit it commercially
- Improperly interact with Customer Service employees over email, telephone or in-app live chat; these include but are not limited to: verbal or written harassment, sexual solicitation, uttering threats
- Use the raksBooks.com services in any way that violates the terms of this Agreement
Privacy and Security
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. We will not sell or distribute your email address to a third party.
Limitations on Liability
We make no representations or warranties of any kind on the raksBooks.com service, web site and site content. In no event will we be liable to you for any special, incidental, indirect or consequential damages of any kind.
raksBooks.com is not responsible for any outside charges that may be incurred while using our service. This includes, but is not limited to, NSF charges for automatic withdrawals, foreign transaction fees, or any other charge that is not processed directly by raksBooks.com.
Purchases of raksBooks.com Content
When you purchase raksBooks.com content, raksBooks.com grants you a limited, revocable, non-exclusive, non-transferable license to download or stream raksBooks.com content to your device(s) solely for your personal non- commercial use. You will not sell, transfer, lease, modify, distribute or publicly perform the raksBooks.com content in any manner and you will not exploit it commercially. You agree to not decompile, disassemble, or reverse engineer the raksBooks.com content, or modify the raksBooks.com content or create any derivative works therefrom. The license to the raksBooks.com content you purchase will continue for as long as your copy of raksBooks.com content exists pursuant to these raksBooks.com Purchase Terms and Conditions.
With respect to all “A La Carte” purchases, except where noted otherwise, any list price displayed represents the full retail price listed on the raksBooks.com content itself, as determined by raksBooks.com, or as suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. Prices of all raksBooks.com content are subject to change at any time in raksBooks.com’s sole discretion. All such pricing changes will be posted to the raksBooks.com site.
You bear all risk of loss for completing the download of raksBooks.com content after purchase, once we have made such content available to you (in your “My Books” area or otherwise) and for any loss of raksBooks.com content you have downloaded, including any loss due to a file corruption or a computer or hard drive crash. Purchased raksBooks.com content will generally continue to be available in your “My Books,” but may become unavailable due to potential content provider licensing restrictions or other reasons and raksBooks.com will not be liable to you if raksBooks.com content becomes unavailable for further download.
Audiobook Reviews Policy
We encourage all of our customers to write a review of their recent listens. In order to keep discussions respectful and to guard against spam and abuse, our team evaluates every review. We have zero tolerance for any reviews that are deemed threatening or offensive in any way (e.g. sexist, racist, profane, graphic, violent, derogatory, defamatory, etc.). We will also remove reviews that are not pertinent to the audiobook at hand or serve merely as non-constructive insults to authors, narrators, or raksBooks.com. Our intention is never to censor opinions, but inappropriate or non-constructive reviews will be removed at the sole discretion of the raksBooks.com team. If your review is approved, it will appear live on the raksBooks.com website and app within three (3) business days.
Audiobook Month Prize Pack Contest Conditions
1. HOW TO ENTER: Beginning June 3, 2019 9:01 AM (EST) through June 30, 2019 11:59 PM (EST), enter the Woobox-hosted Contest. Valid submissions must include an email address. Participants are automatically entered into a random draw for three (3) prize packs. The grand prize includes a Sonos Play:5 speaker unit, 12-month raksBooks.com membership, relaxing eye mask, and an raksBooks.com t-shirt. The second prize includes a Samsung Galaxy Sport Smart Watch, 6-Month raksBooks.com membership, relaxing eye mask, and an raksBooks.com t shirt. The third prize includes Apple Air Pods, 3-Month raksBooks.com membership, relaxing eye mask, and an raksBooks.com t shirt. Winner Selection: The Winner will be selected on or after July 1, 2019 in a random drawing from among all eligible entries received. In the event the Sponsor does not receive any eligible entries, the Sponsor has the right to cancel the Contest. Drawing will be conducted by raksBooks.com, whose decisions are final. Odds of winning will depend upon the total number of eligible entries received. In the event Canadians are eligible to enter as specified in the Eligibility paragraph below, and the winner is Canadian, the Winner will be required to correctly answer a mathematical skill testing question as a condition of receiving the prize.
2. PRIZES & APPROXIMATE RETAIL VALUE: Three (3) Winners, either subscribers or non-subscribers, will be selected to receive one of three (3) prize packs. The grand prize includes a Sonos Play:5 speaker unit, 12-month raksBooks.com membership, relaxing eye mask, and an raksBooks.com t-shirt. The second prize includes a Samsung Galaxy Sport Smart Watch, 6-Month raksBooks.com membership, relaxing eye mask, and an raksBooks.com t shirt. The third prize includes Apple Air Pods, 3-Month raksBooks.com membership, relaxing eye mask, and an raksBooks.com t shirt. The grand prize has a total approximate retail value (ARV) of $599 CAD, The second prize an ARV of $260 CAD, and the third prize $219 CAD. Any difference between the stated ARV and the actual value of the prize will not be awarded in any form. raksBooks.com reserves the right to change or increase the prizes awarded at their discretion.
3. WINNER NOTIFICATION: The Winners will be notified within one (1) business days of drawing. In the event the Winners do not respond to Sponsor’s notification or do not accept the prize within five (5) business days of notification, the prize will be deemed forfeited and an alternate Winner may be selected at raksBooks.com’s sole discretion. If any alternate(s) similarly fails to respond or declines the prize, Sponsor may use a reasonable number of attempts, in its discretion, to award the prize(s) to another alternate(s) but if it is unable to do so, the prize(s) will be finally forfeited and Sponsor shall have no further liability in connection with this Contest. List of Winner(s): For the name(s) of the Winner(s), send an e-mail to [email protected] within one (1) month from the Winner notification date as specified above.
4. PRIZES: Once Winner(s) have been selected, they will be awarded raksBooks.com credits as described in Section (2) and may use these credits for any eligible titles in the raksBooks.com library. Due to publisher restrictions, not all audiobooks in the raksBooks.com library are available to winners in all regions.
5. ENTRIES: Each submission provides one (1) entry per person for Contest. Entries become the property of the Sponsor and will not be returned. Proof of submission does not constitute proof of receipt. If there is a dispute as to the identity of an online entrant, the prize will be awarded to the authorized account holder of the account or email address. The “authorized account holder” is defined as the natural person to whom the account or email address is assigned by an internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning accounts or email addresses for the domain associated with the submission.
6. ELIGIBILITY: Open to residents of the 50 United States and the District of Columbia over the age of eighteen (18). Residents of Canada in all regions except the province of Quebec who are over the age of eighteen (18) are also eligible to enter. Employees of Sponsor, its parents, affiliates and subsidiaries (and members of their immediate family and/or those living in the same of household of each such employee) are not eligible.
7. CONDITIONS OF PARTICIPATION: No transfer, assignment or substitution of a prize permitted, except Sponsor reserves the right to substitute prize for an item of equal or greater value in the event an advertised prize is unavailable. The Winner(s) is required to comply with any and all applicable federal, state, provincial, and local laws, rules and regulations. All federal, state and local taxes, and any other costs not specifically provided for in these Official Rules are solely the Winner’s responsibility. Sponsor shall have no responsibility or obligation to the Winner or potential Winner who are unable or unavailable to accept or utilize prizes as described herein. Entrants agree to be bound by the terms of these Official Rules and by the decisions of Sponsor, which are final and binding on all matters pertaining to this Promotion. Failure to comply with this deadline may result in forfeiture of the prize and selection of an alternate Winner. Return of any prize/prize notification as undeliverable may result in disqualification and selection of an alternate Winner. By entering, Entrant grants permission for Sponsor, and any of its affiliates and subsidiaries, participating advertising and promotion agencies, and prize suppliers to use the entrant’s submission (including an altered form of the entry), if any, for editorial, advertising and promotional purposes without additional compensation, unless prohibited by law. Additionally, acceptance of the prize by Winner constitutes permission for Sponsor and any affiliates and subsidiaries to use Winner’s name for editorial, advertising and promotional purposes without additional compensation, unless prohibited by law. By accepting prize, Winner agrees to hold Sponsor, its advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representative agents, successors, assigns, officers, directors, and employees harmless for any injury or damage caused or claimed to be caused by participation in the Contest or acceptance or use of the prize. Sponsor is not responsible for any printing, typographical, mechanical or other error in the printing of the offer, administration of the Contest or in the announcement of the prize.
8. INTERNET: Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor or presenter on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof. Sponsor further reserves the right to disqualify any individual who tampers with the entry process. Sponsor may prohibit an entrant from participating in a Promotion if it determines that said entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception or other unfair playing practices or intending to abuse, threaten or harass other entrants. Caution: Any attempt by a participant to deliberately damage any Web site or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such participant to the fullest extent of the law.