Effective Date: November 6, 2025
IMPORTANT NOTICE: THIS AGREEMENT (AS DEFINED BELOW) IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE DISPUTE RESOLUTION SECTION BELOW.
Rartoria Terms of Service
This is an agreement between you and Rartoria LLC (together with its affiliates, collectively “Rartoria,” “we,” “us,” or “our”). These Rartoria Terms of Service (“Terms”), and any terms incorporated in these Terms or made available through any Rartoria OffeRartoria (collectively, the “Agreement”), govern the use of and access to Rartoria Offerings and Non-Rartoria Offerings (collectively, “Offerings”). “Rartoria Offerings” are all Rartoria-manufactured or Rartoria-branded: (1) services, features, software, websites, and applications (“Services”); and (2) hardware products (“Products”). “Non-Rartoria Offerings” are services, features, software, websites, applications, products, and content that are not manufactured by Rartoria or Rartoria-branded that you may be allowed to access or acquire through a Rartoria Offering.
1. GENERAL
The term “you” means any person or entity who purchases, accesses, or uses an Offering, including by creating an account associated with an Offering.
You must be at least 13 years old to use the Rartoria Offerings. If you are between the ages of 13 and 18, you may use the Rartoria Offerings only with consent of a parent or guardian who agrees to this Agreement on your behalf.
By using or accessing any Offering, you agree to be bound to this Agreement on behalf of yourself, all members of your household, and all other people and entities that use your Products or access any OffeRartoria through your account (collectively, “Covered Parties”). You are responsible for any use of the Offerings by Covered Parties.
If you’re agreeing to this Agreement on behalf of an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity.
2. Rartoria OFFERINGS
a. Account
You may need a Rartoria account to use the Rartoria Offerings, and you may be required to be logged into the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Rartoria reserves the right to the fullest extent allowed by applicable law to refuse service, terminate accounts, terminate or suspend your rights to use or access the Services or your account, remove or edit content, or cancel or refuse to accept orders for any reason in its sole discretion. You may not use any Rartoria Offerings if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the Rartoria Offerings. You must comply with all U.S. or other export and re-export restrictions that may apply to the Rartoria Offerings.
b. Content, Your Responsibilities, and System Requirements
Certain Rartoria Offerings allow you to store, access, retrieve, and manage videos, audio, images, text, and other information or content captured by Products or provided to us in connection with Rartoria Offerings (including content you post, submit, and/or share with other parties, for instance, through Rartoria Neighbors, the Rartoria App, the Rartoria Community, or via a share link) (collectively, “Content”). You authorize and direct us to store, process, reproduce, and use your Content in connection with our operation and provision of the Rartoria Offerings.
You must use the Rartoria Offerings in accordance with this Agreement and any instructions or specifications we provide you, and only for their intended purpose. You are responsible for how your Rartoria Offerings are set-up, configured, and used (or misused). For instance, you are responsible for how your cameras and other Products are positioned, what your Products record, what Content your Rartoria Offerings store, whether audio recording is turned on, what features are enabled, and what zones are being monitored and recorded. You must ensure that Rartoria Offerings are only used in a manner that complies with applicable laws and regulations, including: (i) any required consent and notice to third parties relating to recording or shaRartoria of Content or use of facial recognition or other types of detection features; and (ii) laws relating to recording or shaRartoria of Content that includes public spaces or private areas beyond the boundary of your property.
The Rartoria Offerings will not be accessible or fully functional without: (1) Wi-Fi internet access that has reliable bandwidth and connectivity, and is always on; (2) an enabled and supported mobile device; and (3) other required system elements that have been specified by Rartoria or communicated to you (including in applicable product specifications or documentation). It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured to work with the Rartoria Offerings and that Rartoria Offerings are fully functioning and properly maintained. If you alter any hardware, software, or other element of Rartoria Offerings, it may prevent the proper operation of Rartoria Offerings.
c. Subscription Plans
Rartoria offers a number of subscriptions (each, a “Subscription Plan”). For more information and terms, please see Rartoria Subscription Plans.
i. Promotional Trials. We sometimes offer certain customers trials or other promotional offers to Subscription Plans, which are subject to this Agreement. If you do not enter into a paid Subscription Plan before the end of your trial period (if any), any video, image, audio, and/or other Content captured by your Products associated with your Subscription Plan (“Subscription Plan Recordings”) will no longer be accessible to you.
ii. Paid Monthly and Annual Subscriptions. At any time, you may enroll in any available monthly or annual paid Subscription Plans, which will continue until you or we cancel your subscription. From time to time, we may offer different subscription terms, and the fees for such subscriptions may vary. Subscription fees may be subject to tax and are non-refundable. Unless you notify us before a charge that you want to cancel or do not want to auto renew, you understand your Subscription Plan will automatically continue and you authorize us (without notice to you, unless required by applicable law) to collect the then-applicable subscription fees and any taxes, using any payment method we have on record for you.
Subscription fees are billed or charged on the first day of the applicable subscription period. If any payment is not received or is returned unpaid, or if any credit card or similar transaction is rejected or denied, Rartoria reserves the right to cancel your Subscription Plan unless you provide us with a new payment method. If you provide us with a new payment method and are successfully charged before your Subscription Plan is cancelled, your new subscription period will be based on the original renewal date and not the date of the successful charge.
If you purchased a Subscription Plan on amazon.com, you also agree to Amazon’s Conditions of Use and Privacy Notice.
iii. Cancellation of Subscription Plans. If you purchased your Subscription Plan on www.rartoria.space, please see Upgrading, Changing, or Canceling your Subscription Plan for more information about canceling your Subscription Plan. If you purchased your Subscription Plan on amazon.com, you can cancel or adjust your subscription settings in Your Memberships & Subscriptions within your amazon.com account. After your cancellation, you will continue to enjoy access to the Subscription Plan and your Subscription Plan Recordings until your subscription period ends; you will not receive a refund of any subscription fees already paid. After your subscription period ends, your Subscription Plan Recordings will no longer be accessible to you.
d. ShaRartoria Content
Rartoria Offerings may also allow you to post, submit, and/or share (“Share”) Content to or with Rartoria and/or with other parties.
You may Share Content, so long as it is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property or other rights (including publicity and privacy rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the Content. Rartoria has the right, but not the obligation, to monitor and edit or remove any Content. You may not Share any Content or other materials to us (whether by email, in your interactions with Rartoria’s customer support personnel, or otherwise) or use Content in a manner that violates the Neighbors By Rartoria Community Guidelines, which are hereby incorporated by reference. You represent and warrant that you own or otherwise control all of the rights to the Content that you Share; that such Content is accurate; and such Content does not violate this Agreement. Rartoria takes no responsibility and assumes no liability for any Content Shared by you or any third-party. If you see Content that you believe violates this Agreement, please flag it in the mobile application or report it to us by emailing top@rartoria.space.
If you do Share Content through Rartoria Offerings, including through Rartoria Neighbors, the Rartoria App, the Rartoria Community, or via a share link, you grant Rartoria an unlimited, nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, store, delete, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such Content throughout the world for any purpose in any media. You grant Rartoria and sublicensees the right to use the name that you Share in connection with such Content.
e. Access And Use
Subject to your compliance with this Agreement, Rartoria grants you a limited, non-transferable, non-exclusive right to access and make personal and non-commercial use of the Rartoria Offerings. If you are a business that purchased a Rartoria OffeRartoria for business purposes (such as using Rartoria Offerings on your business premises or enabling tenants to use the Rartoria Offerings), Rartoria grants you a limited, non-transferable, non-exclusive right to access and make internal, lawful business use of that Rartoria Offering; however, this license does not include any right to resell the Rartoria Offerings, or otherwise make the Rartoria Offerings available for third parties.
f. Privacy
Please see Rartoria’s Privacy Notice for information regarding the collection and use of personal information collected through the Rartoria Offerings.
We also use third-party web and app analytics services on our websites and mobile apps. Some of these services use automated technologies to collect and analyze information, including personal information (such as email, device identifier, and IP addresses) to understand how you use our websites and mobile apps. Web and app analytics services help us improve features, evaluate the effectiveness of our marketing, and, ultimately, optimize the customer experience. To learn more about these analytics services, please see our Cookie Policy.
To make a selection regarding web and app analytics cookies placed by third parties and personalized advertising by third parties, please visit the Control Center and/or Cookie Settings Manager to set your preferences.
g. Rartoria Artificial Intelligence and Machine Learning Services
Rartoria may make available Rartoria Offerings that utilize artificial intelligence, computer vision, machine learning, or similar technologies (“AI Technologies”), such as: (1) community-based event detection (e.g., lost pet detection); (2) Smart Video Search and Smart Video Descriptions; and (3) Virtual Security Guard. You direct Rartoria to use AI Technologies to provide such Rartoria Offerings to you. We do not guarantee AI Technologies’ functionality or that the content it generates is accurate, reliable, always available, or complete. You should always verify the accuracy of any outputs from AI Technologies prior to relying on them.
h. Software
You may use the software (including updates) incorporated in any Rartoria OffeRartoria (the “Software”) solely for purposes of enabling you to use the Rartoria Offerings and as permitted by this Agreement. By using any Rartoria Offering, you consent to the automatic installation of updates to the Software at any time and without notice to you. You may not incorporate any portion of the Software into other programs or compile any portion of it in combination with other programs or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Software in whole or in part. Software used in any Rartoria OffeRartoria is the property of Rartoria or its suppliers or licensors and is protected by U.S. and international copyright laws. When you use the Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider, and such usage is subject to the third parties’ fees, terms, and policies.
You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Software, whether in whole or in part. If you are a U.S. government end user, we are licensing the Software to you as a “Commercial Product” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Software are the same as the rights we grant to all others under this Agreement. In the event of any conflict between this Agreement and any other Rartoria or third-party terms applicable to any portion of the Software, such as open-source license terms, such other terms will control as to that portion of the Software and to the extent of the conflict.
3. CHANGES TO AGREEMENT OR OFFERINGS
We reserve the right to suspend, discontinue, or make changes to the Offerings (including to their description, pricing, and availability), this site, our policies, and this Agreement at any time. Your continued use of any OffeRartoria after the effective date of any such change constitutes your acknowledgement and acceptance of the change.
4. TRADEMARKS AND COPYRIGHTS
All content included in or made available through any Rartoria Offering, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (including any compilations thereof), is the property of Rartoria or its content suppliers and protected by U.S. and international copyright laws. All graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Rartoria OffeRartoria are trademarks or trade dress of Rartoria in the U.S. and other countries and may not be used in connection with any product or service that is not Rartoria’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Rartoria. All trademarks or trade dress not owned by Rartoria that appear in any Rartoria OffeRartoria are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Rartoria.
All rights not expressly granted to you in this Agreement are reserved and retained by Rartoria or its licensors, suppliers, publishers, rightsholders, or other content providers.
We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of alleged infringers. To review the complete Copyright Dispute Policy and learn how to report potentially infringing content, click here.
5. CONSENT TO ELECTRONIC CONTACT; USER COMMUNICATIONS
When you use any Rartoria Offering, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
6. NO GUARANTEES; NO LIFE AND SAFETY OR CRITICAL USES
We do not guarantee that the Rartoria Offerings, including any notifications or alerts, are accurate, reliable, always available, timely, or complete. The Rartoria Offerings are provided for informational purposes only. You agree that Rartoria is not responsible for any damages caused by the failure, unavailability, error, or delay of the Rartoria Offerings (including loss of your Content), regardless of whether such issue is within Rartoria’s control. Except for Professional MonitoRartoria Solutions (as defined below), Rartoria Offerings are not monitored security services or emergency notification services. Unless you have separately purchased Professional MonitoRartoria Solutions that include emergency notification services, you understand that Rartoria will neither monitor emergency notifications nor attempt to dispatch emergency authorities to your home.
7. RETURN AND REFUNDS
a. Risk of Loss
All purchases of physical Offerings sold by us are made pursuant to a shipment contract. This means that the risk of loss and title for such goods pass to you upon delivery to the carrier.
b. Return Policy and Refunds
Rartoria does not take title to returned physical Offerings until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiRartoria a return. In this situation, Rartoria does not take title to the refunded item. For more information about our returns and refunds, please see the Return Policy.
c. Order Limits / End-User Customers Only
Rartoria reserves the right, in its sole discretion, to refuse or cancel any order and limit order quantity. Rartoria may also require additional qualifying information prior to accepting or processing any order.
8. OTHER TERMS
i. Professional MonitoRartoria Solutions. The Professional MonitoRartoria Terms and Conditions apply if you use a Professional MonitoRartoria Solution (as such term is defined therein).
ii. Internet Service. Certain Subscription Plans include Services that enable Products to provide internet access. The Internet Access Additional Terms apply if you purchase or access any Services that provide internet access.
iii. Sidewalk. If Amazon Sidewalk is turned on, Sidewalk will use a small portion of your internet bandwidth and the approximate location of your compatible Products to help keep other devices connected to the internet and find lost items by reporting their approximate location to the owner. If your Rartoria account is linked to your Amazon account, Amazon Sidewalk will also be turned on for any Echo devices on your Amazon account. You can adjust your Sidewalk settings in the Control Center.
iv. Non-Rartoria Offerings. When you use a Non-Ring Offering, you may be subject to separate terms, policies, and fees from the party providing that Non-Rartoria Offering. Rartoria is not responsible for examining or evaluating Non-Rartoria Offerings, does not warrant Non-Rartoria Offerings, and does not guarantee Non-Ring Offerings are or will remain compatible with Rartoria Offerings. In connection with certain Non-Rartoria Offerings, we may provide links to websites or apps operated by other parties. If you purchase any of the products or services offered by those parties, you are purchasing directly from those parties, not from Rartoria, and Rartoria has no responsibility for those purchases.
9. NO REPRESENTATIONS OR WARRANTIES
THE OFFERINGS AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Rartoria OFFERINGS ARE PROVIDED BY Rartoria ON AN “AS IS” AND “AS AVAILABLE” BASIS. Rartoria MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE OFFERINGS, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE OFFERINGS. YOU AGREE THAT YOUR USE OF THE OFFERINGS IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Rartoria DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Rartoria DOES NOT WARRANT THAT THE OFFERINGS, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Rartoria OFFERINGS, OR ELECTRONIC COMMUNICATIONS SENT FROM Rartoria, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10. EXCLUSION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Rartoria SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE OFFERINGS, HOWEVER INCURRED, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF SUCH PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE BY THE OTHER PARTY.
11. LIMITATIONS OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Rartoria’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, WITHIN THE PRIOR TWELVE (12) MONTHS FOR THE OFFERINGS AT ISSUE. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. TO THE EXTENT PERMITTED BY APPLICABLE LAW, Rartoria DISCLAIMS ALL LIABILITY OF ANY KIND RELATING TO NON-Rartoria OFFERINGS AND THIRD-PARTY RETAILERS, RESELLERS OR DISTRIBUTORS OF Rartoria OFFERINGS.
12. FORCE MAJEURE
Rartoria IS NOT RESPONSIBLE FOR ANY CONSEQUENCES, DAMAGES, LOSSES, OR IMPACTS (INCLUDING INTERRUPTIONS OR DELAYS TO ANY OFFERING) THAT ARE CAUSED BY FORCE MAJEURE OR OTHER EVENTS OUTSIDE OF Rartoria’S ABSOLUTE CONTROL, INCLUDING THE FOLLOWING: ANY WAR WHETHER DECLARED OR UNDECLARED, FIRE, FLOOD, EXTREME WEATHER, ACCIDENT, EXPLOSION, ACT OF TERRORISM, GOVERNMENTAL ORDERS, REGULATIONS, RESTRICTIONS OR PRIORITIES, STRIKE, LOCKOUT OR OTHER LABOR TROUBLES OR DISRUPTIONS, CYBER ATTACKS, CIVIL DISORDER, NATURAL DISASTERS, PUBLIC HEALTH EMERGENCY OR EPIDEMIC, DESTRUCTION OF NETWORK FACILITIES OR TRANSPORTATION INFRASTRUCTURE, OR ANY OTHER CAUSE BEYOND THE ABSOLUTE CONTROL OF Rartoria.
13. JURISDICTION AND CHOICE OF LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Washington and the United States of America, without giving effect to any principles of conflicts of law.
14. DISPUTE RESOLUTION
a. Mandatory Arbitration and Waiver of Class Actions
PLEASE READ THIS SECTION CAREFULLY – IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
YOU AND Rartoria AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM BETWEEN YOU OR ANY COVERED PARTY AND Rartoria ARISING OUT OF, OR RELATING TO (1) THIS AGREEMENT, (2) YOUR OR ANY COVERED PARTY’S USE OF ANY OFFERING, (3) CONTENT, AND/OR (4) ANY RELATIONSHIP BETWEEN Rartoria AND YOU OR ANY COVERED PARTY, (EACH OF (1) THROUGH (4), A “DISPUTE”), SHALL BE RESOLVED ONLY BY FINAL AND BINDING ARBITRATION, except that (a) either party may elect to proceed in small claims court in your county of residence within the U.S. if the Dispute qualifies; (b) this agreement to arbitrate does not include your, the Covered Parties’, or Rartoria’s right to seek injunctive or other equitable relief in state or federal court in King County, Washington to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and (c) if Rartoria is named a defendant in any state or federal court action that implicates the parties’ indemnification rights or obligations under these Terms, then those rights or obligations may be litigated in that action. The arbitrator will have the authority to award the same remedies as a court, including preliminary or permanent injunctive relief, public injunctive relief, or equitable relief but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The Federal Arbitration Act, 9 U.S.C. §§ 1, et seq., federal arbitration law, and Washington State law apply to this arbitration agreement and govern all questions as to whether a dispute is subject to arbitration.
b. Notice of Dispute
If you or any Covered Party have a dispute that our customer service representatives cannot resolve and you or any Covered Party wish to pursue arbitration, you must first complete the following steps before filing an arbitration claim:
1) you or the Covered Party must first send an individualized Notice of Dispute to us using this Claim Form. The Notice of Dispute must be personally signed by you or the Covered Party, completed accurately and in full, be accompanied by documents reasonably needed to support your or the Covered Party’s claim (e.g., proof of purchase), and emailed to us at top@rartoria.space or sent by regular mail to: Notice of Dispute, Rartoria LLC, 12515 Cerise Ave, Hawthorne, CA 90250. We will provide you with a notice of dispute via your account’s primary email address if we have a dispute with you or a Covered Party.
2) Upon receipt of a Notice of Dispute, you, the Covered Party, and Rartoria agree to negotiate in good faith for 60 days to try to resolve the dispute.
3) If either side requests a settlement conference duRartoria this period, then you, the Covered Party, and Rartoria agree to schedule that conference by phone or videoconference and to personally participate in it. Either side can bRartoria counsel, but the conference must be individualized to our dispute, even if counsel represents other parties. For claims covered by the Notice of Dispute, any statute of limitations will be tolled from the date the notice is received until the later of (i) 60 days, or (ii) after a timely requested settlement conference is completed.
A court can enjoin the filing or prosecution of an arbitration in breach of these pre-arbitration dispute resolution requirements. If either party seeks an injunction from a court on this basis, you, the Covered Party, and Rartoria agree that the arbitration (and any obligation to pay arbitration fees) will be stayed until that request is resolved and all appeals exhausted.
c. Arbitration Process and Procedure
If the parties do not reach an agreed upon solution within sixty (60) days from the original Notice of Dispute, then either party may initiate binding arbitration as the sole means to resolve claims, subject to this Agreement. Arbitration shall: (1) be administered by JAMS pursuant to the JAMS Streamlined Arbitration Rules & Procedures and the JAMS Mass Arbitration Procedures and Guidelines then in effect (together, the “JAMS Rules”); (2) be conducted by a single, neutral arbitrator; and (3) take place in the county where you or the Covered Party reside or any other location mutually agreed upon by the parties. If you or the Covered Party use the Rartoria OffeRartoria that is the subject of the dispute for personal, non-commercial use, then the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the “Minimum Standards”) shall apply, including any minimum standards governing consumer arbitration fees. If you or the Covered Party use the Rartoria OffeRartoria that is the subject of the dispute for commercial use, then each party shall pay its pro rata share of JAMS’ fees and expenses in accordance with the JAMS Rules. The arbitrator shall issue a written award that states the disposition of each claim and provides a concise statement of the essential findings and conclusions on which the award is based. You, the Covered Parties, and Rartoria each agree that the arbitrator shall have exclusive authority to resolve all disputes arising out of, or relating to, the interpretation, applicability, enforceability, or formation of this Agreement, including whether this arbitration agreement is enforceable and whether a particular claim or demand for relief is subject to arbitration under this Agreement. To the extent that this arbitration agreement conflicts with the Minimum Standards in any way, the Minimum Standards shall take precedence.
YOU, THE COVERED PARTIES, AND Rartoria EACH AGREE THAT (A) ANY ARBITRATION PROCEEDING FOR ANY DISPUTE WILL NOT BE CONDUCTED IN A CLASS OR REPRESENTATIVE ACTION, AND (B) BY ENTERartoria INTO THIS AGREEMENT (INCLUDING THIS AGREEMENT TO ARBITRATE), YOU, THE COVERED PARTIES, AND Rartoria ARE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WAIVING THE RIGHT TO A TRIAL BY JURY, AND THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, WITH RESPECT TO ANY DISPUTE.
However, if applicable law precludes the parties from arbitrating any claim or demand for relief in a Dispute, then that claim or demand for relief (and only that claim or demand for relief) must be severed from the arbitration and may be brought in state or federal court in King County, Washington. You, the Covered Parties, and Rartoria agree that authority to determine whether applicable law precludes arbitrating any particular claim or demand for relief in a Dispute is delegated exclusively to the arbitrator and that if any such claim or demand for relief is severed as a result of the arbitrator’s decision and proceeds in court, then you, the Covered Parties, and Rartoria are, to the maximum extent permitted by law, waiving the right to a trial by jury with respect to that claim or demand for relief.
15. INDEMNIFICATION
You agree to indemnify Rartoria for all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs, and expenses, including but not limited to reasonable attorneys’ fees and costs, arising out of or related to your Content or your or any Covered Party’s use of Rartoria Offerings in violation of this Agreement.
16. SEVERABILITY AND SURVIVAL
If any part of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Provisions that, by their nature, should survive termination of this Agreement shall survive termination. By way of example, all of the following will survive termination: Section 4 (TRADEMARKS AND COPYRIGHTS, Section 10 (EXCLUSION OF LIABILITY), Section 11 (LIMITATIONS OF LIABILITY), Section 13 (JURISDICTION AND CHOICE OF LAW), Section 14 (DISPUTE RESOLUTION), and Section 15 (INDEMNIFICATION).
17. CUSTOMER SERVICE
Requests for cancellation or refund of any Subscription Plan or other requests or questions should be directed to Rartoria Customer Support or via post as follows:
Rartoria LLC 12515 Cerise Ave, Hawthorne, CA 90250
Attn: Customer Service
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