DATE OF LAST UPDATE: November 28, 2016
Terms of Service
Revolar designs products and services that empower users to lead more secure lives. These Terms of Service (“Terms”) govern your purchase and use of our Revolar devices, our websites, including www.revolar.com, the software embedded in Revolar devices, the Revolar mobile applications (the “App”), and other Revolar services (collectively, the “Revolar Service”).
You must accept these Terms to use the Revolar App and to use the Revolar Service. If you do not have the Revolar App, you accept these Terms by visiting www.revolar.com or using any part of the Revolar Service. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE REVOLAR APP, VISIT WWW.REVOLAR.COM OR USE THE REVOLAR SERVICE.
These Terms May Change
Because our business and the environment we all live in changes, these Terms will change over time. If we make minor changes to the Terms without materially changing your rights, we will post the modified Terms on www.revolar.com. We will notify you by email, through the Revolar Service (including through the App as appropriate), or, at our election and discretion, by presenting you with a new Terms of Service to accept. When you use the Revolar Service after a modification is posted or notified to you, you are telling us that you accept the modified terms.
Who Can Use the Revolar Service?
You may use the Revolar Service if you are over 13 years of age and are not barred from receiving services under applicable law. You may connect to the Revolar Service using a device that is manufactured, distributed, or sold by or on behalf of Revolar; the Revolar App; approved third-party applications; or www.Revolar.com (“Authorized Connections”). You may not connect to the Revolar Service with any device that is not manufactured, distributed, or sold by or on behalf of Revolar (such as a knock off or counterfeit version of a Revolar device); otherwise intends to resemble or purports to be a Revolar device; or any unauthorized application or-third party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Revolar Service.
Creating an Account
Full use of the Revolar App requires that you create an account by providing us with your name, a valid e-mail address and phone number (and any other required information as specified in the Revolar App). You are responsible for all activity that occurs in association with your App account. Revolar is not liable for any loss or damages caused by your failure to maintain the confidentiality of your App account credentials.
Full use of the Revolar Service is dependent upon your use of a computer with adequate software, or a Revolar device, supported mobile cellular device and Internet access. The maintenance and security of this equipment may influence the performance of the Revolar Service (especially the Revolar App) and it is your responsibility to ensure the equipment’s functionality.
Posting Your Content On The Revolar Service
You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms. You also represent and warrant that Your Content and the use and provision of Your Content on the Revolar Service will not: (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading or deceptive; (d) be defamatory, obscene, pornographic, vulgar or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.
You also agree that Your Content will comply with the following community guidelines:
- Be respectful of the opinions of others. Even though you might not agree with someone, that doesn’t mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return.
- Do not post profane or explicit content.
- Do not post pictures that might be considered inappropriate.
- Do not post communications that could be interpreted as threatening or harassing.
- Do not post, advertise, or promote products or services commercially.
“Revolar Content” includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Revolar Service to you. Except for Your Content, all Revolar Content, the Revolar Service and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Revolar Service and you further agree not to reverse engineer or otherwise tamper with a Revolar device, the App, or any other part of the Revolar Service.
What You Can Do On The Revolar Service
The Revolar Service is intended for your personal, non-commercial use.
Revolar grants you a limited, non-exclusive, non-transferable, non-sublicensable license to (1) access and view the Revolar Content, (2) access and use the software and mobile applications provided by the Revolar Service (including the App, but only if you have a genuine Revolar device paired with the App), and (3) use the software that is embedded into Revolar products as authorized in these Terms. This license is provided solely for your personal use and enjoyment of the Revolar Service as permitted in these Terms.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, reverse engineer, or otherwise exploit the Revolar Content, Revolar Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Revolar or its licensors, except for the licenses and rights expressly granted in these Terms.
Things You Cannot Do On The Revolar Service
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Revolar Service: (1) use, display, mirror or frame the Revolar Service or any individual element within the Revolar Service, Revolar’s name, any Revolar trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Revolar’s express written consent; (2) access or tamper with non-public areas of the Revolar Service, Revolar’s computer systems, or the technical delivery systems of Revolar’s providers; (3) test the vulnerability of any Revolar system or breach any security or authentication measures; (4) circumvent any technological measure implemented by Revolar or any of Revolar’s providers or any other third party (including another user) to protect the Revolar Service or Revolar Content; (5) access the Revolar Service or Revolar Content through the use of any mechanism other than through the use of an Authorized Connection, Revolar Service or Revolar API; or (6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that Revolar provides to you, or that is embedded or otherwise included in a Revolar device or any other part of the Revolar Service.
Our Enforcement Rights
We are not obligated to monitor access or use of the Revolar Service, Revolar Content, or Your Content or to review or edit any Revolar Content or Your Content, but we have the right to do so for the purpose of operating the Revolar Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the Revolar Service, any Revolar Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the Revolar Content, Your Content, or your use of the Revolar Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Revolar Service.
Without limiting Revolar’s above rights, we may also remove or disable access to the Revolar Service if your use of the Revolar Service exceeds Revolar App alert usage or other usage limits set by Revolar from time to time.
Use The Revolar Service At Your Own Risk
Our goal is to provide helpful and accurate information on the Revolar Service, but we make no endorsement, representation or warranty of any kind about any Revolar Content, information, services or recommendations. The accuracy of the data collected and presented through the Revolar Service is not intended to match that of public or other private emergency services.
We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Revolar Service. Maps, directions, and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate or incomplete. Use of the App also requires a data service, Bluetooth connection between the Revolar device and your smartphone, and a cellular connection. If you rely on any Revolar Content or the Revolar Service, you do so solely at your own risk.
Use Common Sense
Use of the Revolar Service should (including but not limited to a Revolar device and the App) not replace your good judgment and common sense (and that of your Revolar contacts that you designate in the Revolar App). Please read and comply with all safety and cautionary notices that accompany your Revolar device and/or the Revolar Service, including those located on your Revolar device packaging and insert, as well as any other notices posted on any part of the Revolar Service.
Revolar respects copyright law and expects its users to do the same. It is Revolar’s policy to terminate in appropriate circumstances account holders who repeatedly infringe the rights of copyright holders.
Additional Policies Apply To Product Orders
Revolar’s Terms of Sale and Return Policy and Limited Warranty apply to purchases made through the Revolar store at www.Revolar.com. All orders placed are subject to Revolar’s acceptance. We may accept, decline, or place limits on your order for any reason.
Feedback And Submissions Policy
If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Revolar, or obtained from sources other than you.
We are always pleased to hear from users of the Revolar Service and those interested in Revolar. However, neither Revolar, nor any of its employees, may accept or consider any unsolicited ideas, including ideas for new or improved products or services, new marketing campaigns or product or service names. Therefore, please do not submit any such unsolicited ideas in any form to Revolar or any of its employees. This policy is necessary to avoid potential misunderstandings or disputes that may arise if our new products or services or marketing campaigns were to appear similar to an idea submitted by you.
If, despite our policy, you still submit an idea to us, then regardless of anything contained in your submission you agree that the following shall apply: (i) we shall have no obligation to review the submission; (ii) the submission and its contents shall automatically become the property of Revolar, without any compensation to you; (iii) we may consider the submission and its contents to be non-confidential and non-proprietary; and (iv) we may redistribute or use (for commercial purposes or otherwise) the submission and its contents for any purpose and in any way, without any compensation to you.
If a Revolar user or other person provides us (at our request or otherwise) a comment or suggestion regarding our products or services (including the Revolar App or any of our devices) through any means, such as via any social network, these Terms shall also apply thereto.
Contests And Giveaways
Additional terms and conditions may apply to contests, giveaways and other promotions sponsored by Revolar and its partners. It is your responsibility to carefully review those terms and conditions.
You Agree to Receive Alerts And Notifications
We Are Not Responsible For Third-Party Links On The Revolar Service
The Revolar Service contains, or may contain, links to third-party websites, apps, services and resources (collectively “Third-Party Services”) that are not under Revolar’s control. We provide these links only as a convenience and are not responsible for the content, products or services that are available from Third-Party Services. You acknowledge sole responsibility and assume all risk arising from your use of any Third-Party Services.
Revolar Does Not Control Third-Party Services That You Link With Your Revolar Account
Changes To The Revolar Service
Revolar may change or discontinue, temporarily or permanently, any feature or component of the Revolar Service at any time without notice. Revolar is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Revolar Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Revolar devices without prior notice to you.
If you violate these Terms, we reserve the right to deactivate your account or access, or terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may delete Your Content and other information related to your account or access. Upon any termination, discontinuation or cancelation of the Revolar Service or your account or access, the following provisions of these Terms will survive: Posting Your Content On The Revolar Service; Revolar’s Rights; Our Enforcement Rights; Termination; Disclaimers; Indemnity; Limitation of Liability; Dispute Resolution; and General Terms.
Revolar devices are subject to Revolar’s standard Warranty covering the device. OTHER THAN THE WARRANTY COVERING A REVOLAR DEVICE, THE REVOLAR SERVICE AND REVOLAR CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Revolar Service or Revolar Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Revolar Service or any Revolar Content. You acknowledge and agree that if you rely on any Revolar Content or the Revolar Service, you do so solely at your own risk.
You will indemnify and hold harmless Revolar and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of the Revolar Service, (ii) Your Content, or (iii)your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Limitation Of Liability
NEITHER REVOLAR, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE REVOLAR SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE REVOLAR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT REVOLAR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL REVOLAR’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE REVOLAR SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO REVOLAR FOR USE OF THE REVOLAR SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO REVOLAR, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN REVOLAR AND YOU.
You agree that any dispute between you and Revolar arising out of or relating to these Terms of Service, the Revolar Service, or any other Revolar products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Governing Law: The Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Colorado without regard to its conflict of laws principles.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Revolar. We’ll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Revolar may bring a formal proceeding.
We Both Agree To Arbitrate: You and Revolar agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement. Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Denver, Colorado, or any other location we agree to.
Arbitration Fees: The AAA rules will govern payment of all arbitration fees. Revolar will pay all arbitration fees for claims less than $75,000. Revolar will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate: Either you or Revolar may assert claims, if they qualify, in small claims court in Denver, Colorado or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Revolar products or Revolar Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions: You may only resolve Disputes with Revolar on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed under our agreement.
Judicial Forum for Disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Revolar agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Denver, Colorado. Both you and Revolar consent to venue and personal jurisdiction there, and service of process through first-class or overnight mail. We both agree to waive our right to a jury trial.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Revolar products or Revolar Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Revolar and you regarding the Revolar Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Revolar and you regarding the Revolar Service and Revolar Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Revolar’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Revolar may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Revolar under these Terms, including those regarding modifications to these Terms and unless otherwise provided herein, will be given: (i) via email; or (ii) by posting to the Revolar Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
Revolar’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Revolar. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Additional Terms May Apply
Additional terms may apply to certain Revolar products or services. In the event that there is a conflict between these Terms and any such additional terms, the additional terms will control.