This Agreement, titled “Raken Terms and Conditions of Use” (hereinafter “Agreement”) is in electronic form and constitutes an agreement between Raken, Inc., a Delaware corporation with an address at 5600 Avenida Encinas, Suite 140E, Carlsbad, CA 92008 (“Raken”) and you (as defined in paragraph 1(n) below) with respect to your access and/or use of the services and software of Raken (the “Services”). Your access and/or use of the Services shall legally bind you to this Agreement.
You shall and do hereby indemnify, defend and hold harmless Raken its Related Persons from and against any third party lawsuit, claim or demand, and the losses, costs, damages and expenses (including reasonable attorneys’ fees, court costs and legal expenses) resulting therefrom, which lawsuits, claims or demands arise out of or relate to (i) any breach or alleged breach by you of the representations, warranties or obligations made by you in this Agreement; (ii) the loss, corruption or disclosure of Data; and (iii) your use, inability to use or non-use of the Services.
Any notice which you are required or desire to give to Raken shall be in writing and may be sent pre-paid via by certified U.S. mail, a recognized express delivery service or via e-mail; provided, however, that notice via e-mail shall be effective only if you receive a response from Raken indicating that such notice was received. Notice sent via a recognized delivery express service or U.S. mail shall be deemed effective two days after sending. Notices sent to Raken shall be sent to: email@example.com.