Terms of use.
Last Modified: 12/17/2022
Acceptance of the Terms of Use
These terms of use are entered into by and between you and RaeM Lash and Brow LLC, a Colorado limited liability
company (“RaeM,” “we,” “us,” or “our”). The following terms and conditions, together with any documents they expressly
incorporate by reference (collectively, the “Terms of Use”), govern your access to and use of the services we provide to
you, including, but not limited to, your use of our website https://www.raemlashandbrow.com (“Website”), our software or
devices (whether or not purchased by you), and in-person services provided to you by our employees, contractors and
agents (all of the foregoing are collectively referred to as the “Services”).
Please read these Terms of Use carefully before you start to use the Services. By using the Services or by clicking to
accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound
and abide by these Terms of Use https://www.raemlashandbrow.com/terms-of-service and our “Privacy Policy,”
found at https://www.raemlashandbrow.com/privacy-policy, incorporated herein by reference. If you do not want to
agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.
By using the Services and accepting these Terms of Use, you represent that you are at least the age of majority in your
state or province of residence, or that you are the age of majority in your state or province of residence and you have
given us your consent to allow any of your minor dependents to use this Service. If you do not meet any of these
requirements, you must not access or use the Website or use the Services.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective
immediately when we post them and apply to all access to and use of the Services thereafter. However, any changes to
the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the
parties have notice on or before the date the change is posted on the Website or otherwise made known to you.
Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the
changes. You are expected to check the Website frequently so you are aware of any changes, as they are binding on you.
Accessing the Services, and Account Security
We reserve the right to withdraw or amend the Website, any material we provide to you, or any of the Services in our sole
discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time
or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users,
including registered users.
You are responsible for both:
• Making all arrangements necessary for you to have access to the Services; and
• Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use
and comply with them.
To access the Services, you may be asked to provide certain registration details or other information. It is a condition of
your use of the Services that all the information you provide is correct, current, and complete. You agree that all
information you provide to register for Services or otherwise, including, but not limited to, through the use of any
interactive features on the Services, is governed by our Privacy Policy https://www.raemlashandbrow.com/privacy-
policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security
procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You
also acknowledge that your account is personal to you and agree not to provide any other person with access to this
Services or portions thereof using your username, password, or other security information. You agree to notify us
immediately of any unauthorized access to or use of your username or password or any other breach of security. You
should use particular caution when accessing your account from a public or shared computer so that others are not able to
view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at
any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these
Terms of Use.
Intellectual Property Rights
The Services, including, without limitation the Website, and their entire contents, features, and functionality (including but
not limited to all information, software, hardware, text, displays, images, video, and audio, and the design, selection, and
arrangement thereof) are owned by RaeM, its licensors, or other providers of such material and are protected by United
States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights
laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish,
download, store, or transmit any of the material available through the Services, except:
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those
materials;
• You may store files that are automatically cached by your web browser for display enhancement purposes;
• You may print, download, or copy the material made available to you incidental to the provision of the Services and
not for further reproduction, publication, or distribution; and/or
• If we provide social media features https://www.raemlashandbrow.com with certain content, you may only take such
actions as are enabled by such features.
Further, you must not:
• Modify copies of any material made available to you incidental to the provision of the Services, including, but not
limited to, material found on the Website and any source codes of the Website;
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying
text; or
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
Except as otherwise agreed to by us, you must not access or use for any commercial purposes any part of the Website, or
any other materials available through the provision of Services.
If you wish to make any use of material provided to you other than as set out in this section, please address your request
to: Info@raemlashandbrow.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services
in breach of the Terms of Use, your right to use the Services will terminate immediately and you must, at our option, return
or destroy any copies of the materials you have made. This requirement is made in addition to any other remedies RaeM
may have by contract, at law, or in equity and shall not be interpreted to limit any of other remedy available to RaeM.
No right, title, or interest in or to the Website, or Services or any related content is transferred to you, and all rights not
expressly granted are reserved by RaeM. Any use of the Services not expressly permitted by these Terms of Use is a
breach of these Terms of Use and may violate copyright, trademark, and other laws.
Trademarks
RaeM’s names, logos, product and service names, designs, and slogans are trademarks of RaeM or its affiliates or
licensors. You must not use such marks without our prior written permission. All other names, logos, product and service
names, designs, and slogans on the Website are the trademarks of their respective owners.
Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms of Use and the Privacy Policy. You
agree not to use the Services:
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without
limitation, any laws regarding the export of data or software to and from the United States or any other country);
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to
inappropriate content, asking for personally identifiable information, or otherwise;
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content
Standards (defined below) set out in these Terms of Use;
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent,
including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
• To impersonate or attempt to impersonate RaeM, any employee of RaeM, another user, or any other person or entity
(including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as
determined by us, may harm RaeM or users of the Services, or expose them to liability.
Additionally, you agree not to:
• Use the Services in any manner that could disable, overburden, damage, or impair the Website, or interfere with any
other party’s use of the Services, including their ability to engage in real time activities through the Website;
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including
monitoring or copying any of the material on the Website;
• Use any manual or automated process or device to monitor or copy any of the material provided incidental to
provision of the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior
written consent;
• Use any device, software, or routine that interferes with the proper working of the Website;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically
harmful to the Website;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on
which the Website are stored, or any server, computer, or database which enables the provision of the Services;
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
• Otherwise attempt to interfere with the proper working of the Website.
User Contributions
RaeM may provide message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other
interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to
other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) incidental to the
provision of the Services.
All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you
post will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us, our
affiliates, and service providers, and each of our and their respective licensees, successors, and assigns the right to use,
reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to
us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns;
and
• All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you,
not RaeM, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or
any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
• Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion,
including if we believe that such User Contribution violates the Terms of Use, including the Content Standards,
infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of
the Services or the public, or could create liability for RaeM;
• Disclose your identity or other information about you to any third party who claims that material posted by you
violates their rights, including their intellectual property rights or their right to privacy;
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized
use of the Services; and
• Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any
violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order
requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the
Services. You hereby waive any claim or cause of action you have or may have against RaeM, its owners, members,
managers, officers, employees, and agents for any loss or damage to you, financial or otherwise, in connection with or
arising out of any such disclosure by us.
We cannot review all materials before they are posted, and cannot ensure prompt removal of any objectionable material
after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions,
communications, or content provided by any user or third party. We have no liability or responsibility to anyone for
performance or nonperformance of the activities described in this section.
Content Standards
These content standards (collectively, the “Content Standards”) apply to any and all User Contributions and use of
Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and
international laws and regulations. Without limiting the foregoing, User Contributions must not:
• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful,
inflammatory, or otherwise objectionable;
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age;
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other
person;
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give
rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these
Terms of Use and our Privacy Policy;
• Be likely to deceive any person;
• Promote any illegal activity, or advocate, promote, or assist any unlawful act;
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or
advertising; or
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the
case.
Copyright Infringement
If you believe that any User Contributions violate your copyright, please follow the below instructions for sending us a
notice of copyright infringement. It is the policy of RaeM to terminate the user accounts of repeat infringers.
Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that
comply with applicable law. If you believe any materials accessible on or from the Website, or that are otherwise provided
incidental to the provision of Services by us infringe your copyright, you may request removal of those materials (or
access to them) from the Website by submitting written notification to our copyright agent designated below. In
accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17
U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on
the Website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that
material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and,
if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright
owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
Rachael Fish/Owner /Compliance Department
6901 S Yosemite St, Suite 203, Centennial, CO 80112
Info@raemlashandbrow.com.
720-210-4571
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be
effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is
infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of
the DMCA.
Counter Notification Procedures
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or
misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our
copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
Your physical or electronic signature.
An identification of the material that has been removed or to which access has been disabled and the location at
which the material appeared before it was removed or access disabled.
Adequate information by which we can contact you (including your name, postal address, telephone number, and,
if available, email address).
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was
removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your
address is located (or if you reside outside the United States for any judicial district in which the Website may be
found) and that you will accept service from the person (or an agent of that person) who provided the Website with
the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action
against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or
disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under
Section 512(f) of the DMCA.
Repeat Infringers
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers
Reliance on Information Posted
General Information Only
The information presented on or through the Services is made available solely for general information purposes. We do
not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is
strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by
you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
Third-Party Information
The Services may include content provided by third parties, including materials provided by other users, bloggers, and
third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in
these materials, and all articles and responses to questions and other content, other than the content provided by RaeM,
are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not
necessarily reflect the opinion of RaeM. We are not responsible, or liable to you or any third party, for the content or
accuracy of any materials provided by any third parties.
NO MEDICAL ADVICE
RaeM provides the Services to allow you to purchase from RaeM certain unique products and services including, without
limitation, certain brow and lash beauty products and services. THE SERVICES AND ANY RESULTS OR CONTENT
PROVIDED TO YOU BY RAEM OR BY ANY THIRD-PARTY INCIDENTAL TO THE SERVICES ARE NOT MEDICAL
ADVICE AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR
TREATMENT. RAEM AND ITS CONTRACTORS AND AGENTS ARE NOT ACTING AS MEDICAL SERVICE
PROVIDERS NOR DO THE FOREGOING PARTIES PROVIDE ANY MEDICAL OR CLINICAL SERVICES, AND DO NOT
DIAGNOSE, TREAT, OR MANAGE ANY ILLNESS, DISEASE OR CONDITION. YOU SHOULD NOT CHANGE YOUR
TREATMENT OR CARE PLAN, MEDICATION, THERAPY, OR ANY OTHER MEDICAL TREATMENTS OR PRACTICES
BASED ON INFORMATION YOU RECEIVE THROUGH THE SERVICES. SUCH INFORMATION IS PROVIDED FOR
INFORMATIONAL PURPOSES ONLY AND SHOULD NOT REPLACE REGULAR VISITS WITH YOUR PHYSICIAN.
ALWAYS SEEK THEIR ADVICE REGARDING YOUR MEDICAL CONDITION OR THE USE OF ANY MEDICATION,
MEDICAL DEVICE, OR MEDICAL TREATMENT. RAEM MAKES NO REPRESENTATION THAT A PARTICALUR
MEDICATION, MEDICAL DEVICE, OR MEDICAL TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE.
QUESTIONS REGARDING MEDICATION, MEDICAL DEVICES, AND MEDICAL TREATMENTS SHOULD BE
DIRECTED TO YOUR PHYSICIAN. NEVER DISREGARD THEIR ADVICE OR DELAY IN SEEKING IT BECAUSE OF
SOMETHING YOU HAVE LEARNED IN CONNECTION WITH THE SERVICES. THE SERVICES DO NOT INCLUDE
EMERGENCY, TIME SENSITIVE, URGENT, REMOTE, OR CRITICAL CARE SERVICES.
Changes to the Services
We may update the content available through the Services from time to time, but its content is not necessarily complete or
up-to-date. Any of the material provided to you may be out of date at any given time, and we are under no obligation to
update such material.
Information About You and Your Use of the Services
All information we collect is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us
with respect to your information in compliance with the Privacy Policy.
Linking to the Website and Social Media Features
You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take
advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or
endorsement on our part without our express written consent.
The Website may provide certain social media features that enable you to:
• Link from your own or certain third-party websites to certain content available through the Website.
• Send emails or other communications with certain content, or links to certain content available through the Website.
• Cause limited portions of content available through the Website to be displayed or appear to be displayed on your
own or certain third-party websites and/or applications.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed
with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
Subject to the foregoing, you must not:
• Establish a link from any website or application that is not owned by you.
• Cause the Website, or portions thereof to be displayed on, or appear to be displayed by, any other site, for example,
framing, deep linking, or in-line linking.
• Link to any content made available through the Website intended to be proprietary and/or confidential to registered
users.
• Otherwise take any action with respect to the materials made available through the Services that is inconsistent with
any other provision of these Terms of Use.
The website or application from which you are linking, or on which you make certain content accessible, must comply in all
respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to
withdraw linking permission at any time with or without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your
convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or
damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the
Website, you do so entirely at your own risk and subject to the terms and conditions of use for such resources.
Geographic Restrictions
RaeM is based in the State of Colorado in the United States. We provide the Services for use only by persons located in
the United States. We make no claims that the Services or any content is accessible or appropriate outside of the United
States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from
outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for download from the internet or the
Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for
maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED
BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-
SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR
COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR
USE OF THE SERVICES OR ANY ITEMS OBTAINED THROUGH THE WEBSITE, OR DUE TO YOUR DOWNLOADING
OF ANY MATERIAL POSTED ON THE WEBSITE, OR ON ANY WEBSITE LINKED TO THEM.
YOUR USE OF THE SERVICES, ANY CONTENT PROVIDED INCIDENTAL TO THE SERVICES, AND ANY OTHER
ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY
OTHER ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER RAEM NOR ANY PERSON
ASSOCIATED WITH RAEM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE
COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT
LIMITING THE FOREGOING, NEITHER RAEM NOR ANYONE ASSOCIATED WITH RAEM REPRESENTS OR
WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY OTHER ITEMS OBTAINED THROUGH THE WEBSITE
WILL BE ACCURATE, RELIABLE, ERROR-FREE, UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT
OUR WEBSITE, OR THE SERVER THAT MAKES OUR SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS, OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL
OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, RAEM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER
APPLICABLE LAW.
Limitation on Liability
YOUR ABILITY TO COLLECT DAMAGES IS EXPRESSLY LIMITED BY THIS SECTION. BY PARTICIPATING IN THE
SERVICES, YOU AGREE WAIVE YOUR RIGHT TO ANY DAMAGES EXCEPT AS SET FORTH IN THIS SECTION OR
AS PROVIDED BY APPLICABLE LAW. YOU AGREE TO RELEASE RAEM AND ITS OFFICERS, MEMBERS,
MANAGERS, EMPLOYEES, SUCCESSORS AND ASSIGNS AND ITS SUBSIDIARIES AND THEIR OFFICERS,
MEMBERS, MANAGERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS FROM
LIABILITY IN EXCESS OF THE AMOUNT PROVIDED FOR IN THIS SECTION AND YOU EXPRESSLY AGREE TO
PERSONALLY ASSUME THE RISK OF PARTICIPATING IN THE SERVICES.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF RAEM AND
ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, SUCCESSORS AND ASSIGNS, AND ITS SUBSIDIARIES
AND ITS OFFICERS, MEMBERS, MANAGERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AND SUCCESORS
AND ASSIGNS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR
OTHERWISE) EXCEED THE GREATER OF $100.00 OR THE AMOUNT YOU PAID TO RAEM FOR THE APPLICABLE
SERVICES IN THE LAST 12 MONTHS OUT OF WHICH THE LIABILITY AROSE. THIS LIMITATION APPLIES TO
DAMAGES ARISING FROM THE ORDINARY NEGLIGENCE OF RAEM AND ITS OFFICERS, MEMBERS, MANAGERS,
AND EMPLOYEES AND ITS SUBSIDIARIES AND ITS OFFICERS, MEMBERS, MANAGERS, SHAREHOLDERS,
DIRECTORS, AND EMPLOYEES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER
APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless RaeM, and its officers, members, managers, and employees and its
subsidiaries and their officers, members, managers, shareholders, directors and employees and their successors and
assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including
reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services,
including, but not limited to, your User Contributions, any use of the content offered as part of the Services, your use of the
Services themselves, and products other than as expressly authorized in these Terms of Use, or your use of any
information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto
(in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the
internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the
State of Colorado or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use, or the Services shall be instituted
exclusively in the federal courts of the United States or the courts of the State of Colorado, in each case located in the City
and County of Denver. You waive any and all objections to the exercise of jurisdiction over you by such courts and to
venue in such courts.
Arbitration
At RaeM’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the
Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or
termination, to final and binding arbitration in Denver, Colorado, under the Rules of Arbitration of the American Arbitration
Association applying Colorado law.
Limitation on Time to File Claims
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1)
YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS
PERMANENTLY BARRED.
Waiver and Severability
No waiver by RaeM of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other terms or condition, and any failure of RaeM to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and RaeM regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
Your Comments and Concerns
These Services are offered by RaeM.
All notices of copyright infringement claims should be sent to the copyright agent designated in the Copyright Infringement above in the manner and by the means set out therein.
All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: Info@raemlashandbrow.com.