TERMS OF USE

These Terms of Use (these “Terms” or this “Agreement”) is a binding agreement between you (collectively, together with each and every person whom you allow access to the Website (defined below) using your Website User ID or PIN, “User,” “you,” or any pronoun similar to “you”) and RARE FINANCE LLC, a Delaware limited liability company (“Company,” “we,” “us,” “our,” or such similar terms). This Agreement governs your use of the Company’s website located at www.RaReFinance.com (the “Website”) and the services delivered thereon (the “Services”).

“RaRe Finance Parties” means RaRe Finance or its affiliates, or their respective members, managers, shareholders, directors, officers, employees, contractors, agents, representatives, or their respective successors and/or assigns, each being a “RaRe Finance Party.” “Website Elements” means each of the Website, Content, Services, and any other element on or relating to the Website, and “Website Element” means any of the foregoing.

BY CLICKING THE “AGREE” BUTTON, DOWNLOADING OUR MOBILE APPLICATION, OR OTHERWISE ACCESSING THE WEBSITE OR THE GOODS OR SERVICES DELIVERED OR PROVIDED BY THE WEBSITE, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, USE OR OTHERWISE ACCESS THE WEBSITE AND DELETE ANY INSTANCE OF IT OR ITS CONTENT FROM YOUR MOBILE DEVICE.

IF YOU ARE UNDER 18 YEARS OF AGE, YOUR PARENT OR GUARDIAN MUST AGREE ON YOUR BEHALF TO ENTER INTO THIS AGREEMENT AND BE BOUND BY THESE TERMS. PLEASE REFER TO THE PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE, FOR INFORMATION REGARDING PERSONS UNDER THE AGE OF 18. IF YOU ARE UNDER 18 YEARS OF AGE AND YOUR PARENT OR GUARDIAN DOES NOT EXPRESSLY CONSENT TO YOUR USE OF THE WEBSITE, DO NOT DOWNLOAD, INSTALL, USE OR OTHERWISE ACCESS THE WEBSITE AND DELETE ANY INSTANCE OF IT OR ITS CONTENT FROM YOUR MOBILE DEVICE. IF YOU ARE THE GUARDIAN OR PARENT OF A USER UNDER 18 YEARS OF AGE, AND YOU PROVIDE YOUR CHILD WITH CREDIT CARD INFORMATION TO BE ENTERED INTO THE WEBSITE, SUCH USE OF A CREDIT CARD SHALL BE DEEMED TO BE YOUR ACCEPTANCE OF THIS AGREEMENT.

It is your responsibility to periodically review the terms of this Agreement. Further, Company reserves the right, at any time, to change the terms of use by publishing notices of such changes via the Website. Any use or access of the Website by you after Company’s publication of any such changes shall constitute your acceptance of this Agreement, as modified. You agree that Company is permitted, in accordance with Company’s privacy policy, set forth in Section 7 below and incorporated herein by this reference (the “Privacy Policy”), to access and use any information provided by you to utilize the Website, including any Personally Identifiable Information (as defined in the Privacy Policy), and, if necessary, to access such information to obtain contact information in order to provide notifications relating to the Website.

1. Website Access: For purposes of these Terms, “Content” includes any text, message, data, photograph, image, graphic, information, audio/video files or other material on the Website and the related trademarks, service marks, logos, insignias and other intellectual property contained therein. As between you and RaRe Finance, the Content on the Website, is owned by or licensed to RaRe Finance , subject to copyright and other intellectual property rights under the law. Without limitation, this includes the RaRe Finance brand name, as well as any and all RaRe Finance trademarks and service marks used on or by the Website. Content also includes the “look and feel” of the Website (including its design, layout, color combinations, button shapes and other graphical elements). Content on the Website is provided to you “as is” for your information in connection with your use of the Services. RaRe Finance grants you a limited, revocable, nonexclusive, non-transferable right to access the Website and Content and utilize certain Services for your own personal use only, and not to modify the Website, or any portion thereof (other than as expressly permitted by RaRe Finance). Except as expressly stated in these Terms, you are not granted any right or license, by implication, estoppel, or otherwise, in or to any patent, service mark, trademark, copyright, or proprietary right of RaRe Finance or any third party, in connection with your use of the Website and any Content provided by RaRe Finance or any third party on the Website. Elements of the Website, including page headers, custom graphics, logos, sounds, images and button icons, are protected by trade dress and other state and federal laws and may not be copied or imitated in whole or in part. Violation of these Terms, including without limitation modification or use of Content on the Website for any purpose other than those permitted in these Terms, shall result in the automatic termination, without notice to you, of your license to access the Website and utilize the Services, and also may constitute the infringement of RaRe Finance’s copyright, service mark, trademark and/or other rights. You shall not attempt to access any other RaRe Finance’s systems, programs or data that are not made available for public use.

2. Restrictions on Use of Website: You agree that in connection with your use of the Website, you will not do any of the following:

2.1 Share your User ID or account information with anyone.

2.2 Circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content, or enforce limitations on use of the Website or the Content.

2.3 Copy, reproduce, republish, upload, post, transmit, or distribute in any way any Content without RaRe Finance’s written permission, other than as expressly allowed by RaRe Finance.

2.4 Transmit through the Website any software or other materials that contain any malware, viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a harmful or destructive nature.

2.5 Use any data scraping, mining, robots, spiders, or similar data gathering and extraction methods within the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents without RaRe Finance’s prior written consent.

2.6 Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website.

2.7 Use any meta tags or any other “hidden text” utilizing RaRe Finance’s name or any substantially similar name without RaRe Finance’s express written consent.

2.8 Request more than 500 pages of the Website in any twenty-four hour period, whether alone or acting in concert with a group of individuals.

2.9 Request more than 10 media or other documents available for download from the Website in any twenty-four hour period, whether alone or acting in concert with a group of individuals.

2.10 Take any action that imposes or may impose (in RaRe Finance’s sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure.

2.11 Duplicate or create multiple user accounts in an attempt to circumvent our security and privacy measures and policies.

2.12 “Frame” or “mirror” any part of the Website.

2.13 Provide to RaRe Finance false or incorrect Personally Identifiable Information (as defined in RaRe Finance’s Privacy Policy).

2.14 Remove any copyright, trademark or other proprietary rights notices contained on the Website.

2.15 Use the Website or Content for any unlawful purpose.

3. Creating an Account: You may browse the Website and view certain content without registering, but as a condition to using certain aspects of the Website, you may be required to register with Website and select a password and screen name (“User ID”). You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your Website account. You shall not (i) select or use as a User ID a name of another person with the intent to impersonate that person; (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID a name that is otherwise illegal, offensive, vulgar or obscene. Company reserves the right to refuse registration, cancel a User ID or deny your access to the Website in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Website password. You shall never use another user’s account without such other user’s express written permission. You will immediately notify Company in writing of any unauthorized use of your account, or other account related security breach of which you are aware. Please read our Privacy Policy, which describes the Personally Identifiable Information we collect, use, disclose, manage and store. You will be responsible for the confidentiality and use of your User ID, and for any and all activities (including purchases, as applicable) that are conducted through your account, and agree not to transfer or resell your use of or access to the Website to any third party. We are not liable for any harm caused or related to the theft or misappropriation of your User ID, disclosure of your User ID, or your authorization of anyone else to use your User ID. If you have reason to believe that your account with us is no longer secure, you must promptly change your password by visiting Website and immediately notify us of the problem by emailing us at info@RaReFinance.com.

4. Third Party Websites: The Website may contain links to other websites (“Third Party Websites”), including without limitation websites that sell products discussed or featured on the Website, which Third Party Websites are completely independent of this Website and are provided to you only as a convenience. RaRe Finance makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in, or the products or services provided or sold by, any such Third Party Website. Your visiting, or linking to any Third Party Websites is at your own risk and you acknowledge that you bear all risks associated with access to and use of any content, information, data, advertising, products, services, or materials on or available through such Third Party Websites, and your access to and use of such Third Party Websites is subject to the terms and conditions of use applicable to such Third Party Website. You agree that RaRe Finance Parties are not responsible for any loss or damage of any sort you may incur from dealing with any Third Party Website. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked site.

YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR ANY OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

5. Limitations on Services: You acknowledge that RaRe Finance may establish limits concerning use of the Services and reserves the right at any time to modify or discontinue the Services (or any part thereof), with or without notice. RaRe Finance shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

6. Termination of Services: Notwithstanding anything contrary in these Terms, RaRe Finance reserves the right, without notice and in its sole discretion, to suspend or terminate your ability to use the Website (which would include deleting or deactivating your account, blocking your email or IP address, and/or blocking or preventing your future access to and use of the Website). You agree that RaRe Finance shall not be liable to you or any third party for any suspension or termination of your access to the Website. Further, you agree not to attempt to use the Website after said suspension or termination unless you have received prior written permission from RaRe Finance. Upon any termination, you must promptly destroy all Content downloaded or otherwise obtained from this Website, as well as all copies of such Content, whether made under these Terms or otherwise.

7. Privacy and Information Disclosure: You acknowledge and agree that RaRe Finance’s Privacy Policy, as contained on this Website, is incorporated herein by this reference and is thereby a part of these Terms.

8. Ownership:

8.1 Website Content. This Website is owned and operated by RaRe Finance. All right, title and interest in and to the Content provided on this Website, including but not limited to information, documents, logos, graphics, sounds, page headers, button icons, service marks, trade dress, trademarks and images are owned either by RaRe Finance or by third party authors, developers, or vendors and licensed to RaRe Finance (“Third Party Providers”). Except as otherwise expressly provided by RaRe Finance, none of the Content may be republished, reproduced, uploaded, displayed, posted, distributed, or transmitted, in any way, including without limitation on any other website or in a networked computer environment, and nothing on this Website shall be construed to confer any license under any of RaRe Finance’s intellectual property rights, whether by implication, estoppel, or otherwise. You further acknowledge that you do not acquire any ownership rights by using the Website or the Content. Any rights not expressly granted herein to you are hereby reserved by RaRe Finance.

8.3 Trademarks. RaRe Finance’s logo, and all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of RaRe Finance. All other trademarks, service marks, product names and company names or logos cited herein are the property of their respective owners. The trademarks, logos, and service marks displayed on the Website (collectively the “Trademarks”) are the registered and unregistered trademarks of RaRe Finance, RaRe Finance’s licensors and suppliers, and others. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks without the express written permission of RaRe Finance, RaRe Finance’s licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and RaRe Finance will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.

9. Digital Millennium Copyright Act. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

9.1 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

9.2 Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

9.3 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;

9.4 Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

9.5 A statement that you have 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

9.6 A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

RaRe Finance’s designated Copyright Agent to receive notifications of claimed infringement is:

Matthew E. Wolf, Esq.
Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP
11400 W. Olympic Blvd., 9th Floor
Los Angeles, California 90064

For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to RaRe Finance’s customer service at info@RaReFinance.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

10. Warranty Matters and Liability of RaRe Finance. No representations or warranties, express or implied, are given regarding the Website Elements, or your use of the Website Elements. RaRe Finance’s liability is limited strictly to amounts actually paid by you to RaRe Finance in connection with the purchase of Services. If you are not satisfied with our service please contact our customer service department at info@RaReFinance.com. Without limiting the generality of the foregoing, you agree that use of the Website Elements is entirely at your own risk. RaRe Finance assumes no responsibility for errors or omissions in the Website Elements or any Third Party Website. The Website Elements are provided on an “AS IS” or “AS AVAILABLE” basis, without any warranties of any kind. RaRe Finance does not warrant the quality, accuracy, functionality, performance, merchantability, security, reliability, completeness, or timeliness of the Website Elements or any other information, text, graphics, links or other items contained within the Website Elements. To the fullest extent permitted by law company disclaims any warranties for and does not assume any responsibility for any incompleteness, errors, security, reliability, timeliness, viruses, harmful components or effects, vulnerabilities, bugs, problems, omissions, inaccuracies or other limitations in, or interruptions in the operation of Website Elements, or any other information, text, graphics, links or other items contained within the Website Elements or any Third Party Website, or any other services or goods received or purchased through or advertised on the Website, or accessed through any links on the Website. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. Your use of the Website Elements or any Third Party Website is entirely done so at your own risk.

11. Limitations of Liability. Under no circumstances shall RaRe Finance Parties be liable to you or any third party under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Website Elements, any Third Party Website, or any product or service purchased through any Third Party Website, for any direct, indirect, incidental, punitive, special, consequential or exemplary damages (even if RaRe Finance has been advised of the possibility of such damages) resulting from any aspect of your use of any of the foregoing, whether the damages arise from use or misuse of any of the foregoing, from inability to use any of the foregoing, or the interruption, suspension, modification, alteration, or termination of any Website Element. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with any Website Element or any links on the Website, as well as by reason of any information received through or advertised in connection with the Website Elements or any links on the Website. These limitations shall apply to the fullest extent permitted by law. To the extent that the foregoing limitations on liability in this Section are limited or restricted by law, your sole and exclusive remedy and company’s absolute limit of liability in connection with any lawsuit, claim or cause whatsoever directly or indirectly relating to or arising out of or relating in any way to the Website Elements, whether based on contract, tort or any other legal theory of recovery, shall in all cases be strictly limited to the price paid by you directly to RaRe Finance in connection with such access to or use of the Website Elements. You acknowledge and agree that, if the limitations of liability set forth in this Section 10 above are limited or restricted by law, the foregoing exclusive remedy shall be your sole remedy even if such remedy fails in its essential purpose for any reason whatsoever, and in no event shall company be liable for any direct, indirect, incidental, punitive, special, consequential or exemplary damages (even if company has been advised of the possibility of such damages), to you or any third party.

12. Indemnity. You agree to defend, indemnify and hold RaRe Finance Parties harmless from any claim, action, loss, expense, or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of (i) your use of the any Website Element or Third Party website, (ii) your violation or breach of these Terms and/or Privacy Policy, or the inaccuracy of your representations and warranties herein.

13. Entire Agreement. This Agreement, the Privacy Policy, any supplemental terms, and all exhibits and attachments hereto and thereto, constitute the entire agreement between you and Company and governs your use of the Website and Content, superseding any prior agreements between you and Company. The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. This Agreement does not limit any rights that Company may have under trade secret, copyright, patent, trademark or other laws. The employees of Company are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Company, except in a writing signed by an authorized officer of Company. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

14. Construction. For purposes of this Agreement: (a) the words “include,” “includes” and “including” are deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; (c) the words “herein,” “hereof,” “hereby,” “hereto” and “hereunder” refer to this Agreement as a whole; (d) words denoting the singular have a comparable meaning when used in the plural, and vice versa; (e) words denoting any gender include all genders, (f) “or” will be deemed and construed to be inclusive of “and,” and (g) “will” shall be deemed and construed to have the same meaning as “shall” and “will not” shall be deemed and construed to mean “will not” and “may not.” Unless the context otherwise requires, references in this Agreement: (x) to sections, exhibits, schedules, attachments and appendices mean the sections of, and exhibits, schedules, attachments and appendices to, this Agreement; (y) to an agreement, instrument or other document means such agreement, instrument or other document as amended, supplemented and modified from time to time to the extent permitted by the provisions thereof; and (z) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder.

15. No Third-party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their respective permitted successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer on any other person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.

16. Modifications and Updates of this Agreement and Acceptance. The agents, employees and contractors of Company are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Company. Company reserves the right to modify, add, alter or otherwise update this Agreement from time to time, and you are highly encouraged to review this Agreement from time to time. Each time you use the Website, the current version of this Agreement will apply. You can determine whether this Agreement has been revised since your last use of the Website by referring to the “Last Updated” legend at the bottom of this Agreement. Please read this Agreement carefully. Your use of the Website after any modification to or update of this Agreement constitutes your acceptance to be bound by this Agreement in the form it then exists, including any modifications or updates. If at any time you do not accept all the terms and conditions contained herein, you must immediately discontinue use of the Website and contact Company regarding your voluntary termination of this Agreement.

17. This Agreement and the relationship between you and Company shall be governed by the laws of the State of California without regard to any conflicts of laws principles. Further, to the extent the arbitration provisions of this Agreement are void, unenforceable, or inapplicable, you agree that all actions or proceedings arising in connection with your use of the Website and this Agreement shall be tried and litigated exclusively in the State and Federal courts located in the Los Angeles County, State of California. The aforementioned choice of venue is intended to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between you and Company with respect to or arising out of this Agreement in any jurisdiction other than that specified in this Section. You hereby waive any right you may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulate that the State and Federal courts located in the Los Angeles County, State of California shall have in personam jurisdiction and venue over you for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to your use of the Website or this Agreement. You hereby authorize and accept service of process sufficient for personal jurisdiction in any action against you as contemplated by this paragraph by registered or certified mail, return receipt requested, postage prepaid. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to (i) the use of the Website or Content, or (ii) this Agreement, must be filed within one hundred eighty (180) days after such claim or cause of action arose or be forever barred. You also agree that this Agreement shall not be construed against the drafting party, i.e., Company.

18. Equitable Relief. In addition, in the event of a breach of this Agreement by you, the Company will, in addition to all other remedies available to it, be entitled to equitable relief by way of a temporary restraining order, or preliminary or permanent injunction and any other legal or equitable remedies. This provision will not be construed as a waiver of the rights which the Company may have for damages under this Agreement or otherwise, and all of the Company’s rights and remedies will be unrestricted.

19. Notice for California Users. Under California Civil Code Section 1789.3, California users of the Website are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

20. Severability. If any non-material provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

21. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

22. Consent to Phone and Email Contact, Notice, and Related Matters.

22.1 Company may call or text you or authorize others to call or text you on Company’s behalf using any number you provide to Company for any purpose. This consent shall supersede your registration of such number on any state or federal “do not call” lists. You are responsible for charges for incoming text messages on your phone. You may however, opt out of calls marketing Company’s services by notifying Company of your request to not be contacted by phone for marketing purposes. You agree that Company may monitor or record your telephone conversations with Company (whether Company calls you, or you call Company). If you do not wish your telephone conversations with Company to be monitored or recorded, you should conduct your communications with Company via email. Company may email you or authorize others to email you on Company’s behalf using any address you provide to Company for any purpose, including marketing of Company’s services. Similar to the phone marketing opt-out, you may opt out of receiving marketing and promotional emails by emailing your request to Company.

22.2 You authorize Company to provide required notices to you on Company’s website, in or on any bill or invoice provided to you, via email, or by any other communication permitted under applicable law. Company may ask you to provide consents or authorizations, including by electronic means including email or via the Website. Given the nature of the Website, any such electronic agreement using your User ID or PIN shall operate as your direct consent or authorization, and you agree that Company rely on such consent or authorization. Upon Company’s request, you will provide Company with a current email address that you regularly check so that Company may provide notices and communications to you at that address. If you stop using that email address, you will provide Company with a new address for such purposes.

23. Binding Arbitration.

23.1 If a Dispute arises, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that before filing any claim in arbitration, you will submit the detail of an alleged Dispute (defined below) to info@RaReFinance.com.

23.2 EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, YOU AND COMPANY MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, AS SET FORTH BELOW.

23.3 Any claim, liability, demand, or other dispute among you and one (1) or more Company Parties, as well as any controversy or claim arising out of or relating to this Agreement (in each case, a “Dispute”) will be settled by final and binding arbitration pursuant to this Section with heading “Binding Arbitration” (the “Arbitration Provision”), unless you opt out as provided in this Section below. As used in this Arbitration Provision, “Dispute” expressly includes, without limitation, any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and one (1) or more Company Parties (or persons claiming through or connected with them), on the other hand, relating to or arising out of this Agreement, the Website, or the acts or undertakings arising or resulting from or in connection with any of the foregoing. For the avoidance of doubt, the scope, validity, or enforceability of this Arbitration Provision, or any part thereof, will be a Dispute under this Arbitration Provision.

23.4 Disputes are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Disputes include matters arising as initial claims, counter-claims, cross-claims, third-party claims, or otherwise. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable.

23.5 You may opt out of this Arbitration Provision for all purposes by sending an arbitration opt out notice to Company at: info@RaReFinance.com, Attention: “Arbitration Opt-Out”, to be received at the specified address within 30 days of the date of your initial electronic acceptance of the terms of this Agreement. The opt out notice must clearly state that you are rejecting arbitration; identify the Agreement to which it applies by date; provide your name, address, and social security number; and be signed by you. You may send an opt out notice in any manner you see fit as long as it is received at the specified address within the specified time. No other methods can be used to opt out of this Arbitration Provision. If the opt out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt out notice on your behalf.

23.6 The party initiating arbitration shall do so with JAMS. The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator selected, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. If you have any questions concerning JAMS or would like to obtain a copy of the JAMS arbitration rules, you may call 1(800) 352-5267 or visit their web site at: www.jamsadr.com. In the case of a conflict between the rules and policies of the administrator and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply.

23.7 If we elect arbitration, we shall pay all the administrator’s filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator’s rules. Each party shall bear the expense of its own attorneys’ fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.

23.8 Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitrator administrator. In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator’s rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be final and binding, except for any appeal right under the Federal Arbitration Act (“FAA”), and may be entered as a judgment in any court of competent jurisdiction.

23.9 The provisions of this paragraph are referred to as the “Class Waiver.” NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (i) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Dispute of anyone other than a named party; nor (i) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this Class Waiver, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this Class Waiver shall be determined exclusively by a court and not by the administrator or any arbitrator.

23.10 This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the FAA. The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.

23.11 This Arbitration Provision shall survive (i) suspension, termination, modification, or amendment to this Agreement, (ii) the cessation, suspension, termination, or restriction of your use of the Website, or (iii) the bankruptcy or insolvency of any party or other person. If any portion of this Arbitration Provision other than the Class Waiver is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in the Class Waiver are finally adjudicated pursuant to the last sentence of the Class Waiver to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Disputes or make awards beyond those authorized in this Arbitration Provision.

23.12 THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY DOES NOT OPT-OUT OF THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.

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27. Inaccuracy. From time to time there may be information on the Website that contains typographical errors, inaccuracies, or omissions. Company may correct errors, inaccuracies, or omissions and change or update information at any time without notice. Company apologizes for any inconvenience this may cause you. Notwithstanding anything else herein, you are not entitled to rely on any error, inaccuracy, or omission, and as such relate to quotations, pricing, or other aspects of Transactions, you hereby authorize Company to charge the correct amounts to your account in each instance.

LAST UPDATED: May 14, 2025