Agreement for Electronic Transactions

YOUR CONSENT TO ELECTRONIC RECORDS

Rain Technologies Inc.

Effective December 1, 2019

This Agreement for Electronic Transactions and Consent to Electronic Records (“Agreement”) is between the individual who downloads the Rain App or who uses the Rain Services (“You”) and Rain Technologies Inc. (“Rain”).

Under this Agreement, You are being asked to agree to two main provisions: first, you are asked to acknowledge and agree to conduct transactions through electronic methods; and, second, you are asked to acknowledge and agree to receive all documents and communications via electronic records (e.g., email, PDF, or text messages), instead of through paper records.

This Agreement between You and Rain governs the Your access to and use of Rain’s mobile app (the “Rain App”) and each of the products and services that Rain provides to You.

Please carefully read this Agreement and retain a copy for Your records.

IF YOU DO NOT AGREE TO CONDUCT TRANSACTIONS THROUGH ELECTRONIC METHODS AND TO RECEIVE ALL DOCUMENTS AND COMMUNICATIONS VIA ELECTRONIC RECORDS, THEN YOU MAY NOT OPEN A RAIN ACCOUNT OR YOUR RAIN ACCOUNT MAY BE TERMINATED.

Notwithstanding this Agreement, Rain reserves the right to act, in Rain’s sole discretion, to provide a paper copy of any Document to You; however, unless Rain provides its express agreement, you may not substitute a paper copy for any electronic record of any Document.

A.     General Agreement for Electronic Methods for Transactions

By clicking “Consent and continue,” You acknowledge and agree that:

    (i) You and Rain, respectively, shall have the right to use an electronic method to conduct any transaction relating to the Rain App or to any aspect of the Rain Services; and

    (ii) Notwithstanding clause (A)(i), You or Rain may elect to use other methods, such as to transact orally over the telephone, but the use of another method does not modify or revoke the parties’ general agreement to conduct transactions using electronic methods.

B.     Consent to Receive Electronic Records

By clicking “Consent and continue,” You are consenting to receive any and all agreements, documents, notices, receipts, or statements in an electronic form (each an “Electronic Record”) relating to the Rain App or any aspect of the Rain Services.

In particular, You acknowledge and agree that:

  1. Rain may provide any Electronic Record to You, including any agreement, document, notice, receipt, or statement in an electronic form, and not necessarily in a paper document;
  2. Your electronic signature on any Electronic Record has the same effect as if You signed a paper document;
  3. Rain may provide an Electronic Record, instead of a paper document, to provide information or to give any notice that is required by law to be disclosed or provided in writing, including information regarding Your legal rights or duties;
  4. Your smartphone, computer, or other electronic device (“Device”) meets the specifications and requirements listed below, and Your Device permits You to access, receive, and retain the Electronic Records; and
  5. You shall, at all times, provide Rain with Your then-current email address, contact information, and any other information that Rain may need to communicate with You via electronic methods.

You agree that Rain is permitted to send any and all information to You via Electronic Records, such as via email, to a website or link that is included in an e-mail notice, or through other means to Your Rain Account where you can review the Electronic Records using Your Device.

You agree that Rain’s delivery of each Electronic Record (and the Electronic Record itself) shall have the same meaning and effect as if a paper document is provided to You, regardless of whether You choose to open or view an Electronic Record.

You also acknowledge and agree that You have the hardware and software described in Section D, that You are able to receive and review Electronic Records, and that You have an active email account.

Your consent to receive Electronic Records shall last until You revoke Your consent, and You agree that any revocation You elect to make may be effective only if You communicate Your decision in accordance with the instructions described in Section E.

C.     Email Address Must Be Kept Current

You shall, at all times, provide Rain with a true, accurate, and complete email address, as well as other contact information (such as Your mobile telephone number), as Rain may request, in order to communicate with You.

You shall promptly notify Rain of any change in Your email address or any other necessary contact information. Rain shall not be at fault, and shall not bear any liability, if You fail to update Your email address or any other necessary contact information.

If Rain sends an email message to You regarding any electronic communication or any transaction and uses the email address that You have provided in the Rain App or in the Rain Account, Rain shall be deemed to have provided notice or completed that transaction with You. If such an email is returned as undeliverable, Rain shall not have any duty to re-deliver the email unless and until You provide an updated email address, and subject to any conditions that Rain may impose to maintain its security controls for the Rain App or the Rain Account.

If Your email address is no longer valid, Rain reserves the right to determine that Your Rain Account is inactive. You will not be able to conduct any transaction using the Rain App or in Your Rain Account until You update your email address in your Rain Account profile.

You may change the email address on record in Your Rain Account by making the necessary modification in the profile page or by contacting Rain at 415-510-9071.

From time to time, Rain may provide You with separate instructions to update your email address in the Rain Account.

D.     Hardware and Software You Need

To access or to view Electronic Records, You will need:

  • a smartphone, mobile device (such as a laptop or tablet), or computer, each equipped with a Current Version (defined below) of a qualifying operating system;
  • a connection to the Internet;
  • a Current Version of an Internet browser with cookies enabled;
  • an accurate and valid email address in Rain’s file (which You may modify in the profile for Your Rain Account);
  • a Current Version of a program that accurately reads and displays PDF files (which may be either a browser that supports native PDF rendering or a program such as Adobe Acrobat Reader).

The term “Current Version” means a version of the software that Rain supports and that is currently being supported by the publisher of that software.

As permitted by and in accordance with applicable law, Rain reserves the right to discontinue support of a Current Version of software for any reason, including Rain’s own determination that the software suffers from a security defect or other flaw that makes the software unsuitable for use with the Rain App or any website for providing the Rain Services.

E.     Revoking Your Consent for Electronic Records

Your consent to receive Electronic Records is effective until further notice by Rain or until You withdraw or revoke Your consent to receive Electronic Records.

You may withdraw or revoke Your consent to receive Electronic Records at any time. However, in order to communicate Your election to withdraw or revoke Your consent to receive Electronic Records, You must either:

    (i)   Select the “Contact Us” button in Your Rain App; or

    (ii)   Submit Your decision to Rain, in writing, to:   258 3rd Avenue, Venice, CA 90291

Any election You make to withdraw or revoke Your consent to receive Electronic Records shall take effect only after Rain has a reasonable period of time to process Your election.

If You withdraw or revoke Your consent, You may not be permitted to use the Rain App or some or all of the Rain Services. Moreover, if You withdraw or revoke Your consent to receive Electronic Records, Rain may, in its sole discretion, close Your Rain Account.

You understand that You may have a right to receive information required to be delivered to you in paper form. To exercise any right You may have to request a paper copy of any document, at no charge to You, please write to Rain Technologies, Inc. 258 3rd Avenue, Venice, CA 90291 within 180 days of the date of the disclosure. In Your request, please specify the paper document You wish to receive.

For the avoidance of doubt, if You request a paper document, Your request, in and of itself, shall not constitute Your withdrawal or revocation of Your consent to receive Electronic Records.

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