In addition, Rain neither warrants nor represents that the use of images or materials from this Website will not infringe the rights of third parties not owned by, or affiliated with, Rain.
You may not decompose, modify, decompile, translate, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Website. You may not use any data mining, robots, scraping, similar data gathering or extraction methods, or collect, manually or through an automatic process, information about other users (including, but not limited to, e-mail addresses, medical information, or any form of other contact information, or any other information) without their express consent.
By transmitting any message to Rain and/or submitting creative ideas, concepts, know-how, techniques, suggestions, content or materials (including, without limitation, video, audio, photos, text, data, images and graphics) (each, a “Submission” and, collectively, “Submissions”), you are granting Rain a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform and display each such Submission, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, without limitation, advertising and promotional purposes (collectively, “Rights”). This means that anything submitted by you on or to the Website may be used by Rain for any purpose, now or in the future, without any payment or other obligation to you. All Submissions whether solicited or unsolicited, shall become and remain the exclusive property of Rain. You agree that Rain shall have the right, but not the obligation, to use your name, likeness and/or biographical information in connection with the broadcast, print, online or other use or publication of your Submission without seeking or receiving your further consent. If you provide contact information, you also agree that Rain may communicate with you using the contact information that you have provided. Rain is not responsible for communications we attempt to make that you do not receive because the contact information we have on file is incorrect or is no longer being used by you.
We assume neither responsibility for any errors or omissions in the content of this Website nor any liability to update the information contained on this Website. To the fullest extent permitted by law, Rain provides this information “as is” and disclaims all warranties of any kind, both express and implied, including, but not limited to, merchantability, fitness for a particular purpose, or non-infringement. To the fullest extent permitted by law, Rain makes no warranties other than those made expressly in this Agreement. Please note that some jurisdictions do not allow the exclusion of implied warranties, so the above disclaimer may not apply to you.
Online, cable, wireless or other websites, services, or browsers created by, licensed by, or substantially associated with any entity that regularly promotes any product (e.g., apparel or computers), brand (e.g., Nike or Pepsi), or service (e.g., internet service providers or ticket sellers) (each, a “Commercial Site” and, collectively, “Commercial Websites”) may not link to the Website without the prior express written consent of Rain, even if the page/area where the link originates does not promote a product, brand, or service.
Websites, services, or browsers other than Commercial Websites (e.g., search engine sites, widely available internet browsers) (each, a “Permissible Site” and, collectively, “Permissible Websites”) may link to the Website without the prior express written consent of Rain if such link is: (i) a “word” (as opposed to a “logo”) link (e.g., “rainthera.com,” “The Official Site of Rain”); and (ii) spatially separated from, and not otherwise associated with, any sponsorship advertising, or other commercial text or graphics that may be on the page/area containing such word link.
The Rain logo, or any trademark of Rain, may not be used as or to link to the website without the prior express written consent of Rain.
No link to the Website may be “framed” by the Permissible Website where the link originated if such “frame” contains any sponsorship, advertising, or other commercial text or graphics.
All links to the Website from a Permissible Website must be to the Website’s home page — links to internal pages within the Website (e.g., a player page, a photo gallery or a feature article) are not permitted.
The posting or creation of any link to the Website signifies that you have read these Linkage Restrictions and agree to abide by their terms.
Letter delivered by first class postage prepaid mail or courier to Rain at the following address:
Rain Oncology Inc.
8000 Jarvis Ave, Suite 204
Newark, California 94560
Rain Oncology Inc.
8000 Jarvis Ave, Suite 204
Newark, California 94560
To be effective, the notification must be a written communication that includes the following: (1) a signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are claimed to have been infringed, a representative list of such works; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (4) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address; (5) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any and all disputes, claims or controversies arising out of or relating to this Arbitration Agreement, the breach thereof, or any use of the Website (“Claims”), except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration in accordance with American Arbitration Association governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. In agreeing to arbitrate all Claims, you and Rain waive all rights to a trial by jury in any action or proceeding involving any Claim. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act (“FAA”) at 9 U.S.C. Section 1, et seq. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply. The parties agree that an award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other case except to enforce the award itself. This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement and shall survive termination of your relationship with Rain.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating 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. All disputes regarding the payment of arbitrator or arbitration-organization fees including the timing of such payments and remedies for nonpayment, shall be determined exclusively by an arbitrator, and not by any court. The arbitration will decide the rights and liabilities, if any, of you and Rain. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. Subject to the limitations set forth below in this Section, the arbitrator shall have authority to award legal and equitable relief on an individual basis that a judge in a court of law would have, provided that:
The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator shall follow the applicable law. The arbitrator’s decision is final and binding on you and Rain.
YOU AND RAIN AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor Rain is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in Section 14 (“Governing Law”). This provision does not prevent you or Rain from participating in a class-wide settlement of claims.
To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any Claim in any forum unless you provide Rain with written notice of the event or facts giving rise to the Claim within one (1) year of their occurrence, which should be provided in the manner outlined under Section 9 (“Notice”).
Notwithstanding any provision in this Agreement to the contrary, we agree that if Rain makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to Rain.