Terms of Use

1. Agreement to Terms

By accessing or using the RaccoonList platform operated by RACCOONLIST LLC ("RaccoonList," the "Platform," "Service," "we," "us," or "our"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms in their entirety, you must not access or use the Platform.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and RACCOONLIST LLC. Your continued use of the Platform following any posted changes constitutes acceptance of those changes. We may update these Terms at any time without prior individual notice. It is your responsibility to review these Terms periodically.

2. Platform Description and Nature of Content

RaccoonList is a user-opinion platform designed for entertainment and expressive purposes. The Platform allows users to create, search, and interact with user-created discussion threads ("Raccoons") and to post opinions in those threads.

The Platform is not a consumer reporting agency. Nothing on the Platform constitutes a consumer report, background check, factual record, or verified statement of any kind. All content on the Platform is user-generated opinion, not verified fact. We do not independently investigate, verify, confirm, or vouch for any content posted by users.

Raccoon profiles use limited, unverified identifiers. A Raccoon profile is keyed by a user-submitted name and optional city. These identifiers are used only to locate or create a profile within the Platform. The Platform does not verify that any identifier combination corresponds to a specific real person, that submitted identifiers are accurate, or that any opinion posted is true.

The Platform functions as an interactive forum for user opinion and expression. We are not the author, editor, or publisher of user-generated content. We are an intermediary that hosts content created by third parties.

3. Eligibility

You must meet all of the following conditions to use this Platform:

You must be at least 18 years of age. By using the Platform, you represent and warrant that you are 18 years of age or older. If we learn that a user is under 18, we will terminate that account immediately.

You must be a resident of the United States or otherwise be accessing the Platform from within the United States. The Platform is operated and intended solely for US users. We make no representation that the Platform is appropriate or available for use outside the United States. Access from outside the United States is at the user's own risk and is not supported.

You must have the legal capacity to enter into a binding contract. You must not be prohibited from using the Platform under any applicable law.

4. Account Creation and User Responsibilities

To post content, submit opinions, or take paid actions on the Platform, you must create an account using a username, valid email address, password, and date of birth, and you must accept these Terms at signup. You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, whether or not authorized by you.

You represent and warrant that all information you provide in connection with your account is accurate and complete. You must not create an account using another person's identity, create multiple accounts to evade moderation or account restrictions, use automated means to create accounts, or provide false information to obtain access.

You are solely responsible for your use of the Platform, including all content you post, opinions you submit, and actions you take. We do not review content before it is posted. You — not the Platform — are fully and exclusively responsible for all content you create or transmit through the Platform.

5. User Conduct

Your use of the Platform is subject to these Terms and our Community Standards, which are incorporated by reference. You agree that you will not use the Platform to post threats of violence, reveal private personal information about others (doxxing), harass or stalk any individual, engage in coordinated abuse campaigns, impersonate any person or entity, use automated scripts or scrapers, circumvent any moderation system, post illegal content, engage in spam or commercial solicitation, or violate any applicable law. This list is illustrative and not exhaustive. We reserve the right to determine, in our sole discretion, what conduct violates these Terms.

6. Payment Terms

Certain Platform features require payment of service fees via Stripe, our third-party payment processor. By initiating any paid transaction, you agree that all fees are non-refundable unless expressly required by applicable law. Payment of a service fee is not a guarantee of any specific outcome, timeline, or result. We do not guarantee that any content moderation action will occur within any specific time or that any requested action will be permanent.

You are strictly prohibited from initiating chargebacks, disputes, or reversals with your card issuer in bad faith. Filing a fraudulent chargeback constitutes a material breach of these Terms and may result in immediate account termination, referral for collection, and civil action to recover damages, fees, and costs. Stripe's terms of service govern the payment processing relationship.

7. Intellectual Property

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for personal, non-commercial purposes. You retain any rights you hold in content you post, but by posting content on the Platform, you grant us a worldwide, royalty-free, sublicensable, perpetual license to use, display, reproduce, and distribute that content in connection with operating and promoting the Platform. You must not use any Platform content, trademarks, or materials for any commercial purpose without our express written consent.

8. DMCA and Legal Takedown Process

If you believe content on the Platform infringes your copyright, submit a DMCA notice to support@theraccoonlist.com.

A complete DMCA notice should include: (1) your physical or electronic signature; (2) identification of the copyrighted work you claim has been infringed; (3) identification of the allegedly infringing material and information reasonably sufficient for us to locate it (for example, a direct URL); (4) your contact information; (5) a statement that you have a good-faith belief the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement under penalty of perjury that the notice is accurate and that you are authorized to act on behalf of the copyright owner.

If we receive a substantially complete notice, we may remove or disable access to the identified material and notify the affected user.

If you believe material was removed or disabled by mistake or misidentification, you may submit a counter-notice to support@theraccoonlist.com that includes: (1) your physical or electronic signature; (2) identification of the material that was removed and where it appeared before removal; (3) a statement under penalty of perjury that you have a good-faith belief the material was removed by mistake or misidentification; (4) your name, address, telephone number, and email address; and (5) a statement that you consent to the jurisdiction of the federal district court for your judicial district (or, if outside the United States, a district where the Platform operator may be found) and that you will accept service of process from the complaining party or its agent.

If we receive a valid counter-notice, we may send it to the original complainant and may restore the material after 10 business days and within 14 business days unless we receive notice that the complainant filed a court action seeking to restrain the allegedly infringing activity.

Repeat-infringer policy: we may suspend or terminate accounts that are the subject of repeated valid DMCA notices or repeated copyright violations.

For non-copyright legal takedown requests, contact support@theraccoonlist.com. Submission of a legal demand does not guarantee any particular outcome.

9. Moderation and Termination

We reserve the right, but assume no obligation, to monitor, review, remove, hide, restrict, or modify any content on the Platform at any time, for any reason or no reason, in our sole and absolute discretion, with or without notice.

We reserve the right to suspend or permanently terminate any user account at any time, for any reason or no reason, without prior notice and without liability to you. No appeal process is guaranteed. We are under no obligation to restore access, reverse a moderation decision, or provide an explanation for any action taken.

10. Abuse of Process

We support good-faith legal complaints, regulatory complaints, and content reports submitted through proper channels. Nothing in these Terms is intended to prevent you from raising legitimate concerns.

However, you must not knowingly submit false statements, fabricated evidence, or materially misleading claims in legal demands, regulatory complaints, or Platform reports, and you must not use any complaint process primarily to harass, intimidate, or coerce another party. If we reasonably determine that you engaged in abuse of process, we may take account or content action under these Terms and may seek recovery of costs directly caused by that abuse as permitted by law.

11. Disclaimer of Warranties

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF THE PLATFORM.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RACCOONLIST LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE PLATFORM, ANY CONTENT ON THE PLATFORM, ANY USER CONDUCT, OR ANY TERMINATION OF YOUR ACCOUNT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) FIFTY US DOLLARS ($50.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. Indemnification

You agree to defend, indemnify, and hold harmless RACCOONLIST LLC and its members, managers, officers, employees, agents, licensors, and service providers from and against any and all claims, actions, losses, liabilities, damages, judgments, penalties, fines, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: your access to or use of the Platform; any content you post or transmit; your violation of these Terms, our Community Standards, or any applicable law; any misrepresentation you make; any claim by a third party arising from your content or actions; any fraudulent chargeback or payment dispute you initiate; or any abusive legal process or knowingly false report you submit against the Platform. This indemnification obligation survives termination of your account and these Terms.

14. Section 230 Notice

RACCOONLIST LLC operates RaccoonList, an interactive computer service within the meaning of 47 U.S.C. § 230 (the Communications Decency Act). The Platform hosts content created by third-party users. We are not the creator or developer of user-generated content posted on the Platform and are not treated as the publisher or speaker of any user-generated content. Nothing in these Terms limits or waives any immunity available to us under Section 230 or any other applicable law.

15. Dispute Resolution — Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Agreement to Arbitrate. You and RACCOONLIST LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform shall be resolved exclusively by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except as expressly provided below.

Class Action Waiver. YOU AND RACCOONLIST LLC EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING. All disputes must be brought in an individual capacity only.

Exceptions. Either party may bring an individual claim in small claims court for disputes within that court's jurisdiction. Either party may seek emergency injunctive relief in a court of competent jurisdiction to prevent infringement of intellectual property rights pending arbitration.

Governing Law. These Terms are governed by the laws of the United States and the applicable laws of the state in which the Platform operator is domiciled, without regard to conflict of law principles.

Opt-Out. If you do not wish to be bound by this arbitration agreement, you must notify us in writing within thirty (30) days of first accepting these Terms.

Mass Arbitration Batching. If 25 or more similar arbitration demands are filed against us within any 90-day period, the parties agree to use a batched bellwether process. JAMS or AAA shall randomly select 5 demands as bellwether cases. The outcomes of those 5 cases shall be used as the basis for good-faith settlement negotiations for the remaining demands. No additional filing fees for non-bellwether demands shall be due until the bellwether process concludes.

16. Changes to the Platform and Terms

We reserve the right to modify, suspend, or discontinue the Platform or any feature thereof at any time, with or without notice, and without liability to you. We may revise these Terms at any time. Your continued use of the Platform after any change constitutes your acceptance of the revised Terms.

17. General Provisions

These Terms, together with our Privacy Policy and Community Standards, constitute the entire agreement between you and RACCOONLIST LLC with respect to the Platform. If any provision is found to be unenforceable, it shall be modified to the minimum extent necessary and all remaining provisions shall remain in full force. Our failure to enforce any right or provision shall not constitute a waiver. You may not assign your rights under these Terms without our prior written consent.