Terms of Use

We use “RAEMAR” here to refer to the RAEMAR websites and our iOS and Android applications (also referred to as our “Service”). We also use “RAEMAR”, “we”, “us” and “our” to refer to RAEMAR LLC, a California corporation, which provides our Service.

Nature of the RAEMAR Service

RAEMAR Health is a non-medical information service provided by RAEMAR, LLC

RAEMARHealth is helping users learn about Third-Party Health Products products and services by providing objective, science-based information on each product.

The Service describes Third-Party Health Products with information such as the science behind the product and the potential limitations of the product. All of the product descriptions, recommendations, and comparison tools are written by scientists.

Not Medical Advice

The contents of the Services are for informational purposes only. The content does not provide medical advice and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health professionals or providers with any questions you may have regarding a medical condition or medicine. Never disregard professional medical advice or delay in seeking it because of the Services.

Reliance on any information provided by RAEMAR is solely at your own risk.If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately.

Service Users are Solely Responsible for Evaluating Providers

Service Users are solely responsible for evaluating the suitability of Providers for the services they offer to provide. RAEMAR does not endorse reviews of Providers by other Service Users that may be available via the RAEMAR Service, and RAEMAR makes no commitments that such reviews are accurate or legitimate.

Links to Third Party Sites

We think links are convenient, and we sometimes provide links and references on this Site to third-party websites or other types of providers. If you use these links, you will leave our Site and Services. We provide links as a matter of convenience and at the request of our program participants. We do not have any control over third-party services, websites, and we are not responsible for any of the third-party websites (or the products, services of any kind, or content available through any of them). Thus, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party services and or websites linked to or referred from the Site, you do so entirely at your own risk.

Paid Services

These Terms for Paid Services (the “Paid Service Terms”) apply to your purchase and use of any paid RAEMAR services, including automatically renewing subscription.

By purchasing or using a Paid Service, you agree to be bound by the Terms of Service, which incorporate these Paid Service Terms and include a mandatory arbitration provision, and any separate terms and conditions presented to you in conjunction with your use of the Paid Services. If you do not accept these terms, do not purchase, access, or use our Paid Services.

SUBSCRIPTIONS

Automatically Renewing Subscriptions.
Your Subscription term may vary, for example, with monthly or annual automatic renewal terms (a “Subscription Term”), as described in the course of your transaction. Your Subscription will automatically renew for additional Subscription Terms as long as your Subscription continues, until you cancel it or we suspend or stop providing the Subscription in accordance with our Terms of Service. Unless otherwise indicated by us, you will be charged prior to, or at the beginning of, each renewal term. Before charging you for a Subscription Term, we will notify you of the applicable fees, and the renewal will occur at the price then in effect for the Paid Service.

Subscription Cancellation.
You may cancel your Subscription at any time. Your cancellation will take effect at the end of the current Subscription Term.

No Refunds on Subscriptions.
When you cancel a Subscription, you cancel only future charges for your Subscription. You will not receive a refund for the current Subscription Term you paid for, but you will continue to have full access to that Subscription until the end of that current Subscription Term

Free Trials.
From time to time, we may offer free trials of certain Subscriptions for specified periods of time without payment. If we offer you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the particular trial. Once your free trial ends, we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis for your Subscription (plus any applicable taxes and other charges) for as long as your Subscription continues, unless you cancel your Subscription prior to the end of your free trial. Instructions for canceling your Subscription are described in the sections above. To avoid any charges, you must cancel your Subscription before the end of your free trial period. Before charging you at the end of the your free trial period, we will notify you of the applicable fees.

Price Changes.
We reserve the right to adjust pricing for our Paid Services or any components thereof in any manner and at any time. Any price changes will take effect following notice to you.

Use of RAEMAR Service; Suspension

When you use the RAEMAR Service, you agree:

• To use the RAEMAR Service only in a lawful manner and only for its intended purposes.
• Not to submit computer viruses or other malicious code to or through the RAEMAR Service.
• Not to use the RAEMAR Service, or engage with other users of the RAEMAR Service, for purposes that violate the law.
• Not to post reviews about Service Providers that aren’t based on your personal experience, that are intentionally inaccurate or misleading, or that violate this Agreement.
• Not to post content or materials that are pornographic, threatening, harassing, abusive, or defamatory, or that contain nudity or graphic violence, incite violence, violate intellectual property rights, or violate the law or the legal rights (for example, privacy rights) of others.
• Not to post “spam” or other unauthorized commercial communications.
• To use the RAEMAR Service only for your own purposes, and not to impersonate any other person.
• Not to transfer or authorize the use of your account for the RAEMAR Service by any other person.
• Not to provide false information in your profile on, or registration for, the RAEMAR Service, or to create multiple or duplicate accounts.
• Not to interfere with our provision of, or any other user’s use of, the RAEMAR Service.
• Not to solicit another user’s username and password for the RAEMAR Service or any other sensitive personal information, including bank details.

Suspension and Termination

We reserve the right to suspend or terminate your access to the RAEMAR Service: (1) if in our discretion your conduct on the RAEMAR Service is inappropriate, unsafe, dishonest, or in breach of these terms; or (2) if necessary in our discretion to protect RAEMAR, its users, pets, or the public.

You may suspend or terminate your use of the RAEMAR Service at any time and for any reason.

Eligibility

Each individual is limited to one account, and you may not share your account password with anyone else (even a family user sharing your home) or allow someone else to use your personal account. You are responsible for maintaining the confidentiality of your username and password for RAEMAR Service and are responsible for all activity under your account. You agree to notify us promptly of any unauthorized use of your account.

You may not use our Service if: (1) you are a resident of the United States and are under 13 years old, or do not meet applicable age requirements to use social media services where you live; (2) you are a registered sex offender or share a household with one; (3) we previously disabled your account for violations of our terms or policies; or (4) you are prohibited from receiving our Service or platform under applicable law. If you are under the age of eighteen (18), you represent that a parent or legal guardian also agrees to this Agreement on your behalf and that you are fully able and competent to enter into this Agreement.

When you register for the RAEMAR Service you agree to provide accurate information about yourself and keep this information up-to-date. Submitting inaccurate registration information, registering if you know you don’t meet our eligibility requirements, or otherwise providing false registration information is a violation of this Agreement and could constitute a crime.

If you believe that a RAEMAR user does not meet these eligibility requirements, you may report your concerns to us via our Help Center. RAEMAR reserves the right to refuse registration to any person or household and to suspend, delete or deactivate your account or limit your privileges at any time, without liability to you.

Specific Prohibited Uses

You specifically agree NOT to do any of the following: (a) post or submit to the RAEMAR Service any incomplete, false or inaccurate information or information which is not correct; (b) send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertisements of products or services to a user of the RAEMAR Service; (c) delete or revise any material posted by any other person or entity; (d) take any action that imposes an unreasonable or disproportionately large load on RAEMAR Service infrastructure; (e) notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the RAEMAR Service other than the search available from RAEMAR on the RAEMAR Service and other than generally available third party web browsers (e.g., Google Chrome, Safari, or Microsoft Edge); fi) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the RAEMAR Service; (g) aggregate, copy or duplicate in any manner any content posted, created or authored by or on behalf of RAEMAR (the “RAEMAR Content”) or information available from the RAEMAR Service.

Privacy

Our collection and use of your personal information on the RAEMAR Service is described in our Privacy Policy . By accessing or using the RAEMAR Service, you acknowledge that you have read and understand the Privacy Policy .

Content and Feedback

Your Content
We may require or allow you (or someone else on your behalf) to submit or upload data, text, reviews, information and materials (“Content”) to your profile on the RAEMAR Service or otherwise in connection with using the RAEMAR Service (collectively, “Your Content”).

License
You give us permission, in the form of a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license, to use, copy, and publish your Content based on your RAEMAR Service settings and the selections you make when posting and as otherwise described in our Privacy Policy .

This means, for example, if you post a comment on the RAEMAR Service, you give us permission to store, copy, and share it with other Service Users (consistent with your settings), such as with Providers.

Release
If your name, voice, image, persona, likeness, or performance is included in any of Your Content, you hereby waive, and release RAEMAR and its users from, any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of Your Content in accordance with the other provisions of these Terms.

Your Representations and Warranties about Your Content
You represent and warrant that (1) you are the owner or licensor of Your Content, and that you have all rights, consents and permissions necessary to grant the license and make the release with respect to Your Content, (2) that you have any necessary consents and releases from individuals who appear or whose pets appear in Your Content; and (3) Your Content does not violate the law or this Agreement.

Right to Remove or Screen Your Content
Do not provide us with any Content that you don’t have the right to publish, or that is defamatory, infringing, illegal or otherwise tortious. We do not proactively moderate Content posted by users; however, we can remove Content posted by you, suspend, delete or deactivate your account or limit privileges, or otherwise refuse service to you, if you violate this Agreement or our other policies, or infringe intellectual property, or otherwise engage in behavior that we think harms Service Users. We have no obligation to retain or provide you with copies of Your Content, nor will we have any liability to you for any deletion, disclosure, loss or modification to Your Content. It is your sole responsibility to maintain backup copies of Your Content. You give us permission to use your name and profile picture, and information about actions you have taken on RAEMAR to or in connection with ads, offers and other sponsored content we display in connection with our Services, with no additional compensation to you. For example, we may use your name and profile picture to show your nearby users that you have liked, commented on or recommended a business or brand that has paid us to display its ads, offers or other sponsored content on RAEMAR.

Reviews
The RAEMAR Service may provide the ability to leave public and/or private reviews of Service Users. You acknowledge that even private reviews may be shared with third parties in accordance with applicable law and our Privacy Policy and that RAEMAR has no obligation to preserve or indefinitely store any reviews. If you are a Provider, we have no obligation to provide you with the content of any reviews about you submitted by other users of the RAEMAR Service, whether before or after termination of your account for the RAEMAR Service. We will have no liability to you for any deletion, disclosure, loss or modification of these reviews. We reserve the right to screen, edit, or remove these reviews from the RAEMAR Service at any time.

We welcome you to share any feedback, suggestions, or ideas you have about RAEMAR with us, so long as you understand we may have already had the same idea, and you agree that we are free to use any feedback you voluntarily provide with no restriction or obligation (payment or otherwise) to you.

Intellectual Property

RAEMAR and its licensors retain all right, title and interest in and to the RAEMAR Service, the technology and software used to provide it, all electronic documentation and content available through the RAEMAR Service (other than Your Content), and all intellectual property and proprietary rights in the RAEMAR Service and such technology, software, documentation and content. Except for your rights to access and use the RAEMAR Service set forth in this Agreement, nothing in this Agreement licenses or conveys any of our intellectual property or proprietary rights to anyone, including you. You agree that we will have a perpetual right to use and incorporate into the RAEMAR Service any feedback or suggestions for improvement that you provide to us concerning the RAEMAR Service, without any obligation of compensation.

Interactions with other RAEMAR Users

Transactions with other RAEMAR Users
In using RAEMAR and its user-to-user transactional features, you, and not RAEMAR, are responsible for your own decisions and actions. In addition, your use of the RAEMAR Service does not make us an employer, placement agency, representative, or agent of or for you or any other RAEMAR User. RAEMAR is not a party to transactions or disputes between RAEMAR Users. If you write a recommendation or other comment about a transaction with a RAEMAR User or their business, be truthful and fair in your comments, and do not post any of their personal information (e.g., address, mobile number, or photos) without their permission.

Disputes between RAEMAR Users
RAEMAR is not responsible for the actions of RAEMAR Users; each RAEMAR User is responsible for their own actions and behavior. Accordingly, to the maximum extent permitted by applicable law, you release us (and our officers, directors, agents, subsidiaries, joint ventures, contractors, vendors, suppliers, licensors, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with disputes between or among RAEMAR Users. If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or releasing party.”

Indemnity

TO THE MAXIMUM EXTENT PERMITTED UNDER ANY APPLICABLE LAW AND EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD RAEMAR HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, THAT ARE IN ANY WAY RELATED TO YOUR: (1) transactions and interactions, online or offline, with other RAEMAR Users; (2) breach of this Agreement; (3) disputes with other RAEMAR Users; (4) your misstatements, misrepresentations, or violation of applicable law; (5) property damage or personal injury to third parties caused by your products, services, pet(s) or pets in your care; (6) Your Content .YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE OF SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND YOU WILL NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR ADVANCE WRITTEN CONSENT.

Warranty Disclaimer for the RAEMAR Service

The RAEMAR Service and information and materials found on the RAEMAR Service, including text, graphics, information, links or other items, are provided "as is" and "as available." Reviews, profiles, advice, opinions, statements, offers, or other information or content made available through the RAEMAR Service, but not directly by RAEMAR, are those of their respective authors, who are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RAEMAR DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION AND MATERIALS ON THE RAEMAR SERVICE; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN RAEMAR; (3) WARRANT THAT YOUR USE OF THE RAEMAR SERVICE WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE RAEMAR SERVICE WILL BE CORRECTED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, RAEMAR EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE RAEMAR SERVICE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. IN ADDITION AND WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OF ANY PROVIDER OR ANY PROVIDER’S PET PRODUCTS AND SERVICES.

Liability Limits

Exclusion of Certain Types of Damages
To the maximum extent permitted under applicable law, in no event will RAEMAR be liable to you for any indirect, special, incidental, or consequential damages, or for any business losses, or loss of profit, revenue, contracts, data, goodwill or other similar losses or expenses that arise out of or relate to the use of or inability to use the RAEMAR Service, including without limitation damages related to any information received from the RAEMAR Service, removal of your profile information or review (or other Content) from the RAEMAR Service, any suspension or termination of your access to the RAEMAR Service, or any failure, error, omission, interruption, defect, delay in operation or transmission of the RAEMAR Service, even if we are aware of the possibility of any such damages, losses or expenses. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

No Liability for non-RAEMAR Actions
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RAEMAR BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE RAEMAR SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM RELIANCE ON INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH THE RAEMAR SERVICE, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE RAEMAR SERVICE, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO ATTEMPT TO DEFRAUD OR HARM YOU.

Arbitration Agreement

You and RAEMAR agree to the arbitration and dispute resolution terms in this section (the “Arbitration Agreement”). For the purposes of this Arbitration Agreement, references to “RAEMAR,” “you,” “we” and “us” include our respective subsidiaries, affiliates, agents, employees, employers, partners, shareholders, predecessors in interest, successors, assigns, and heirs. We encourage you to read these important terms, which include an arbitration requirement (except for small claims) and require claims to be brought individually, and include instructions for how to opt out if you do not agree.

Applicability
You agree that any dispute or claim relating in any way to your access or use of the RAEMAR Service, mobile apps, and service, or to any aspect of your relationship with RAEMAR, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

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 RAEMAR LLC, 2633 Lincoln Blvd #134, Santa Monica, CA 90405 .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. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person 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 (i) determine the scope and enforceability of this Arbitration Agreement and (ii) 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 RAEMAR. 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 RAEMAR HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. 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 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, then the claim must be severed from the arbitration and brought into the federal or state court located in San Diego, California. All other claims shall be arbitrated.

30-day right to opt out
You have the right to opt out of the provisions of this Agreement that mandate arbitration by sending written notice of your decision to opt out to:info@findbenji.com within 30 days after first becoming subject to a version of this Agreement containing an arbitration provision. Your notice must include your name and address, your RAEMAR username (if any), the email address you used to set up your RAEMAR account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of arbitration, all other parts of this Agreement will continue to apply to you. Opting out of arbitration has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

Survival of agreement
This Arbitration Agreement will survive the termination of your relationship with RAEMAR.

Modification
Notwithstanding any provision in this Agreement to the contrary, we agree that if RAEMAR 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 RAEMAR at the following address: RAEMAR LLC, 2633 Lincoln Blvd #134, Santa Monica, CA 90405

Copyright Infringement

If you believe in good faith that your copyrighted work has been infringed by content posted on the RAEMAR Service, please provide our designated copyright agent with a written notice that includes all of the following information:

• A description of the copyrighted work you believe to have been infringed;
• A description of the URL or other location on the RAEMAR Service of the material you believe to be infringing;
• Your name, mailing address, telephone number and email address;
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, which you make under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
• An electronic or physical signature of the person authorized to act on behalf of the copyright owner.

Our designated agent for notice of copyright infringement can be reached at:

RAEMAR LLC, 2633 Lincoln Blvd #134, Santa Monica, CA 90405