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REVOLVR TERMS OF SERVICE
PLEASE READ CAREFULLY BEFORE DOWNLOADING THE SOFTWARE OR USING THE REVOLVR PRODUCT
1. YOUR AGREEMENT WITH REVOLVR
1.1 Revolvr applications (“RevolvrSoftware”), other Revolvr branded web sites (“Revolvr Websites”) and associated documentation (whether in printed or electronic form) including any improvements, modifications, enhancements, fixes, updates, upgrades and future versions thereto (“Updates”) and whether made available for free or for a fee, (collectively the “Software”) is licensed (not sold) to you by Revolvr, LLC.
1.2 The features and products that are made available through the Software for free (excluding products or features available for free on a trial basis only) (“Free Products”) are provided to you by Revolvr, LLC.
1.3 Any additional products or features of the Revolvr apps or Revolvr Websites, or other “Revolvr” branded products, that you pay for (including products or features which are available for free on a trial basis only) (“Paid For Products”) are provided to you by Revolvr, LLC.
1.4 Revolvr’s websites www.revolvr.com(as applicable) (“Revolvr Website(s)”) are operated by Revolvr, LLC.
1.5 “Revolvr’’ means Revolvr, LLC, 2504 Auburn Way N, Auburn, WA 98002, United States as the context requires;
“Products” means collectively the Free Products and Paid For Products;
“you” or “your” means you, the registered holder of the User Account (as described in paragraph 6.1) and licensee under these Terms.
1.6 Your agreement with Revolvr is made up of the terms and conditions set out in this document, together with any fair usage policies described in this document (collectively the “Terms”). To the extent of any inconsistency between the fair usage policies or any Additional Terms and this document, this document shall take precedence.
2. ACCEPTANCE OF THE TERMS
2.1 In order to download and/or use the Software, Products and/or Revolvr Websites you must first accept these Terms. These Terms are accepted by you (a) when you click to accept or agree the Terms; or (b) when you download and/or use the Software, Products and/or Revolvr Websites. We advise you to print a copy of these Terms for your records. These Terms remain effective from the date of acceptance until terminated by you or Revolvr in accordance with paragraph 11.
2.2 You cannot accept these Terms if: (a) you are not lawfully entitled to use the Software, Products and/or Revolvr Websites in the country in which you are located or resident or (b) if you are not of legal age to form a binding agreement with Revolvr.
3. CHANGES TO THE TERMS
3.1 Revolvr may make changes to these Terms from time to time. Revolvr will publish the changes at www.revolvr.com/legal/tou . Changes to the fair usage policies and/or Additional Terms will be posted on the applicable Revolvr Website. The changes will be effective when published. Please review the Terms on a regular basis. You understand and agree that your express acceptance of the Terms or your use of the Software, Products and/or Revolvr Websites after the date of publication shall constitute your agreement to the updated Terms. If you do not agree with the amended Terms, you may terminate your relationship with Revolvr in accordance with paragraph 11 below.
4.1 Licence. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-sublicensable, non-assignable, free of charge license to download and install the Software on a personal computer, mobile phone or other device; and personally use the Software through your individualRevolvr user account (“User Account”). For the avoidance of doubt, (a) IT administrators working on behalf of a company may download and install the Revolvr Software onto personal computers or other devices used by personnel of such company; and (b) you are permitted to use the Software at a university or other educational institution, or at work. Revolvr reserves all rights not expressly granted to you under these Terms.
4.2 Restrictions. You may not and you agree not to.
(a) sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to any third party in the Software;
(b) undertake, cause, permit or authorize the modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of the Software or any part or features thereof (except to the extent permitted by law);
(c) remove, obscure or alter any copyright notices or other proprietary notices included in the Software;
(d) use the Software or cause the Software (or any part of it) to be used within or to provide commercial products or services to third parties. The foregoing shall not preclude you using the Software for your own business communications, subject to Section 4.1 above;
(e) other than for the purposes of download and installation, use the Software except through your User Account.
4.3 Third Party Technology. If you are using Software pre-loaded on, embedded in, combined, distributed or used with or downloaded onto third party products, hardware, software applications, programs or devices (“Third Party Technology”), you agree and acknowledge that: (a) you may be required to enter into a separate license agreement with the relevant third party owner or licensor for the use of such Third Party Technology; (b) some Products and/or functionality may not be accessible through the Third Party Technology and Revolvr cannot guarantee that the Software shall always be available on or in connection with such Third Party Technology.
5. USE OF THE SOFTWARE AND PRODUCTS AND REVOLVR WEBSITES
5.1General Conditions of Use: If you arrive at the site through entities linked and/or integrated with Revolver or otherwise by or through a third party (e.g., an auction, exchange, or Internet-based intermediary that hosts electronic marketplaces and mediates transactions among businesses), then you authorize such third party to transfer relevant data to Revolvr to facilitate the transaction. You represent and warrant that all information you provide to Revolvr or to such third party will be true, accurate and complete. The party entering into this agreement on behalf of any user represents and warrants that he/she is authorized to do so and to bind the user and is a natural person of at least twenty one (21) years of age. In order to initiate and commence a transaction, all users to a transaction must register at the site, agree to all term of use.
5.2 Equipment: In order to use the Software and the Products you will need an Internet connection. You are responsible for providing all equipment required to access the Internet or enable communications such as headsets and microphones.
5.3 Use of Your Equipment: The RevolvrSoftware may use the processing capabilities, memory and bandwidth of the computer (or other applicable device) you are using, for the limited purpose of facilitating the communication and establishing the connection between Revolvr Software users. If your use of the Revolvr Software is dependent upon the use of a processor and bandwidth owned or controlled by a third party, you acknowledge and agree that your license to use the Revolvr Software is subject to you obtaining consent from the relevant third party for such use. You represent and warrant that by accepting these Terms, you have obtained such consent.
5.4 Updates to the Software: Revolvr may automatically check your version of the Revolvr Software. You may be required to enter into an updated version of these Terms to be able to download or otherwise take advantage of any Updates. Revolvr has no obligation to make available any Updates. However, Revolvr may (a) require you to download and install Updates; or (b) download and install Updates from Revolvr automatically from time to time. You agree to receive such updates from Revolvr in order to continue using the Revolvr Software and you agree to accept such Updates subject to these Terms.
5.5 Suspension, technical improvement and maintenance: From time to time, Revolvr may need to perform maintenance on or upgrade the Software, Products or Revolvr Websites or the underlying infrastructure that enables you to use the Software, Products or Revolvr Websites. This may require Revolvr to temporarily suspend or limit your use of some or all of the Software, Products or Revolvr Websites until such time as this maintenance and/or upgrade can be completed. To the extent possible and unless an intervention is urgently required, Revolvr will publish the time and date of such suspension or limitation on the Revolvr Website in advance. You will not be entitled to claim damages for such suspension or limitation of the use of any Software, Product or Revolvr Website.
5.6Revolvr Content:Revolvr does not control, is not responsible for and makes no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.
You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account.
Content prohibited from Revolvr includes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, hateful or pornographic content); (4) content that discloses another's personal, confidential or proprietary information; (5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via Revolvr); (6) malicious content (including, without limitation, malware or spyware); (7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to Revolvr would violate these TOS or Revolvr's other legal rights; and (8) content that offers, promotes, advertises or provides links to unsolicited products or services.
You automatically grant and assign to Revolvr, and you represent and warrant that you have the right to grant and assign to Revolvr, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post. You also expressly grant and assign to Revolvr all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).
You agree to indemnify and hold Revolvr and Revolvr Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted); (c) your use of or reliance on any user content; and (d) your violation of the TOS. This indemnification obligation includes payment of any attorneys' fees and costs incurred by Revolvr or Revolvr Representatives.
5.7Conduct: Revolvr does not control, is not responsible for and makes no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct.
You are also responsible for your own conduct and activities on, through or related to Revolvr, and, if you create an account on Revolvr, you are responsible for all conduct or activities on, through or by use of your account.
You agree to indemnify and hold Revolvr and Revolvr Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your own conduct or activities on, through or related to Revolvr, and related to or arising out of any conduct or activities on, through or by use of your Revolvr account, if any. This indemnification obligation includes payment of any attorneys' fees and costs incurred by Revolvr or Revolvr Representatives.
5.8Transactions: Revolvr in its sole discretion, may refuse to complete any transaction that Revolvr has reason to believe is unauthorized or made by someone other than you, may violate any law, rule or regulation, or if Revolvr has reasonable cause not to honor it. Each User agrees to indemnify and hold Revolvr harmless for losses resulting from any use or attempted use of the services in violation of this agreement.
5.9Rejection of Payment: Since the use of a bank account, credit card or debit card account, or the making of an electronic funds transfer may be limited by your agreement with your financial institution and/or by applicable law, Revolvr is not liable to any user if Revolvr does not complete a transaction as a result of any such limit, or if a financial institution fails to honor any credit or debit to or from an Account. Revolvr may post operating rules related to payment on the site and change such rules from time to time.
5.10Cancelling a Transaction:If a transaction cannot be completed for any reason, including cancellation by Revolvr for any reason, Revolvr will notify each user in such transaction by e-mail, to the e-mail address each has provided to Revolvr. In Revolvr's sole discretion, Revolvr may cancel any transaction if each user to a transaction fails to agree on the terms as required in the transaction details screens. You may cancel a transaction as provided in this agreement, on the general escrow instructions or in the transaction escrow instructions.
5.11 Quality: Revolvr cannot guarantee that the Software, Products or Revolvr Websites will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Software, Products (depending on the Products used) or Revolvr Websites, and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet, the public switched telephone network and your power supply. Revolvr takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.
5.12 Changes to Products: Revolvr is constantly improving the Software and Products and may also need to change technical features from time to time in order to comply with applicable regulations. Accordingly, you acknowledge and agree that the Products and functionality of the Software may vary from time to time. Technical requirements for use of Products and Software and feature descriptions are available on the Revolvr Website. If you do not agree with any changes to Software and Products you may terminate your relationship with Revolvr in accordance with paragraph 11. You may need to upgrade to a new version in order to enjoy the benefit of certain Products. In addition, you acknowledge and agree that certain Products may be subject to usage limits or geographical restrictions, which may vary from time to time. Please check the Revolvr Website for details of the most up-to-date usage restrictions that apply to the Products that you are using.
5.13 Unsolicited Ideas If you send any Unsolicited Feedback to Revolvr through the Revolvr Website or otherwise, you acknowledge and agree that Revolvr shall not be under any obligation of confidentiality with respect to the Unsolicited Feedback.
6.1 User Account. Prior to your first use of the Revolvr Software, you will be asked to login using your User Account and choose a user ID and password. We recommend that you choose a password that is hard to guess and consists of letters, numbers and symbols. You may only use the Software through your User Account. You are solely responsible and liable for all activities conducted through your User Account. To prevent unauthorized use, you shall keep your password confidential and shall not share it with any third party or use it to access third party websites or services. If you suspect that someone else knows your password, then you shall immediately change it in order to protect the security of your User Account. It is your responsibility to ensure that you do not respond to any unsolicited requests for credit card details, passwords or other data. Revolvr takes no responsibility for your failure to comply with the obligations in this paragraph 6.1.
6.2 Lawful Use: You must use the Software, Products and Revolvr Websites in accordance with the laws of where you are located. In some countries there are restrictions on the download and use of the Software, Products and/or Revolvr Websites. It is your responsibility to ensure that you are legally allowed to use the Software, Products and/or Revolvr Websites where you are located.
6.3 Prohibited Use: You may not:
(a) intercept or monitor, damage or modify any communication which is not intended for you;
(b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Software, Products, Revolvr Websites, communication or protocols;
(c) send unsolicited communications (also referred to as ‘SPAM’, ‘SPIM’ or ‘SPIT’) or any communication not permitted by applicable law or use the Software, Products or Revolvr Websites for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;
(d) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way;
(e) use the Software, Products or Revolvr Websites to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; or
(f) use (including as part of your User ID and/or profile picture) any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights; or
(g) collect or harvest any personally identifiable information, including account names, from the Software, Products or Revolvr Websites;
(h) impact or attempt to impact the availability of the Software, Products or Revolvr Websites for example, with a denial of service (DOS) or distributed denial of service (DDoS) attack;
(i) use or launch any automated system, including without limitation, robots, spiders or offline readers that access the Software, Products or Revolvr Websites. Notwithstanding the foregoing, you agree that Revolvr grants to the operators of public search engines permission to use spiders to copy materials from the Revolvr Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Revolvr reserves the right to revoke these exceptions at any time.
6.4 User Submissions Please exercise respect when participating in any features of the Revolvr Websites or Software such as Forums, Blogs or email functions. You acknowledge and agree that: (i) by using the Revolvr Websites and/or Software you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (ii) you are solely responsible for, and Revolvr has no responsibility to you or any third party for any user submissions that you create, submit, post or publish on the Revolvr Websites or through the Software; (iii) Revolvr does not guarantee any confidentiality with respect to user submissions, whether or not they are published (iv) Revolvr is not responsible for any user submissions that you may have access to through your use of the Revolvr Websites or Software and all User Submissions are the responsibility of the person from whom such User Submissions originated. Revolvr does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions.
In connection with your user submissions, you represent and warrant that you
(i) own or have the necessary licenses, rights, consents, and permissions to use and authorize Revolvr to use all copyrights, trade marks, trade secrets, patents and other intellectual property or proprietary rights in and to any and all User Submissions in accordance with these Terms; and
(ii) you have the written consent, release and /or permission of each and every identifiable individual person in the User Submission to use the name and/or likeness of each and every such individual in the User Submission, to enable inclusion and use thereof in the manner contemplated by these Terms.
You may not submit or publish through the Revolvr Website or Software any User Submissions that are libelous, defamatory, pornographic, harassing, hateful, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement of any intellectual property rights or a trade secret of a third party, or would otherwise violate the rights of any third party or give rise to civil or criminal liability. Furthermore, you may not submit or publish User Submissions that contain falsehoods or misrepresentations, solicit funds or services, contain advertising, promotional materials, junk mail, spam, chain letters or any form of solicitation, impersonate others or include programs that contain viruses or any other programs designed to impair the functionality of any computer. You agree not to solicit, for commercial purposes, any users of the Revolvr Website or Software with respect to their User Submissions. You agree not to circumvent, disable or otherwise interfere with the security related features of the Revolvr Website or Software or features that prevent or restrict the use of any content thereof.
6.5 Your Information: From time to time, Revolvr may request information from you for the purpose of supplying the Software or Products to you. You shall ensure that any such information is complete, up-to-date and accurate.
6.6 No Reselling. The Software and Products are for your individual use. You shall not resell or commercialise the Software and/or Products to any third party.
6.7 Export Restrictions: The Software may be subject to international rules that govern the export of software. You shall comply with all applicable international and national laws that apply to the Software as well as end-user, end-use, destination restrictions issued by national governments or similar bodies, and restrictions on embargoed nations.
6.8Obligations of Sellers: On the transaction detail screens, each seller to a transaction must designate an account to which payment for the transaction will be made. Each Seller authorizes to initiate credit entries to such seller's account for payment of the purchase price, or applicable balance due, and to debit Seller's Account to discharge Seller's obligations. Each Seller in a Transaction shall deliver the items set forth in transaction detail screens directly to the Buyer (or Buyers), at the address specified by such Buyer as shown on Revolvr and on the terms and conditions set forth in the transaction instructions. Revolvr shall designate a delivery service that provides a confirmation of delivery and shall provide a tracking or reference number for the shipment of the goods. Seller gives Revolvr permission to act as its agent in communicating with the shipping company regarding the notice of the delivery of the goods. In the event Revolvr does not receive notice of shipment from Seller within ten (10) calendar days of notification from Revolvr’s notice to Seller to ship the items, Seller authorizes Revolvr to return the escrowed funds (excluding Revolvr fees) to Buyer. In the event of a return of the items by Buyer, Seller shall notify Revolvr of the receipt of the returned items. Upon receipt of such notice from Seller, the Seller's five (5) day inspection period shall commence. In the event Seller accepts the returned items within the inspection period or fails to act within the inspection period, Revolvr shall remit the escrowed funds (excluding Escrow.com fees) to Buyer. If Seller notifies Revolvr of its non-acceptance of any returned items within the Seller's inspection period, then Revolvr will retain the escrow funds pending resolution of the dispute or take other action as authorized. Notwithstanding anything to the contrary above, if all users to a transaction agree on the transaction detail screens that there is no shipping required, then no party hereto will have any obligation under this Agreement with respect to shipping.
6.8Obligations of Buyers:On the transaction detail screens, Buyer must designate a payment mechanism and an Account from which the purchase price and related fees (unless such fees are to be paid by Seller) will be obtained for the deposit into escrow. Depending on the amount of the transaction and the currency selected for the Transaction, Buyer may remit the necessary funds via various methods, which may include corporate credit card, charge card, debit card or purchasing card, or bank transfer. In the case of bank transfers, Buyer will initiate the wire to an account designated by Revolvr on or before the date set forth in the transaction detail screens. Regardless of the payment method, Buyer authorizes Revolvr and Revolvr authorized agents to initiate credit or debit transactions, as applicable, to obtain the purchase price and fees due for a Transaction and to initiate any debit or credit entries or reversals, as the case may be, as may be necessary to correct any error in a payment or transfer and to discharge Buyer's obligations under Section 22 of this Agreement. Revolvr will deposit funds received from Buyer into an escrow trust account maintained by Revolvr (the "Escrow Account"). Unless otherwise requested as specified in the following sentence, escrowed deposits do not earn interest for Buyer or Seller. If you anticipate an extended closing of the Transaction, then you may request and approve an instruction to have Revolvr place Buyer's funds into an interest bearing account for the benefit of Buyer or Seller. If interest is to accrue to the benefit of the Seller, then both Buyer and Seller must request and approve the establishment of the interest bearing account. If this request is made, then Revolvr will charge the account of the party to whom the interest accrues an additional nonrefundable service charge of $100.00, which must be paid in advance.
Buyer shall notify Revolvr of the receipt or non-receipt of the items on the date the merchandise is received or the Buyer Inspection Period is started. Buyer shall notify Revolvr of the Buyer's acceptance or rejection of the items before the Buyer's Inspection Period expires. Upon receipt of notice from Buyer that the items have been received and accepted, Revolvr shall transfer the payment amount (less any amount payable to Revolvr for Revolvr fees) to Seller's Account. Transfer to a Seller generally will be initiated within the next business day from the day on which notice of acceptance of the items is received from the Buyer. If Buyer has not notified Revolvr of the non-receipt or rejection of the items during the Buyer's Inspection Period, then Buyer authorizes Revolvr to remit the escrowed funds (excluding Revolvr fees) to the Seller. Buyer shall follow the procedures set forth on the Site in the event the items are rejected.
6.8Obligations of Revolvr: Revolvr and its agents are obligated to perform only those duties expressly described in this agreement. Revolvr shall not be liable for any error in judgment, for any act taken or not taken, or for any mistake of fact or law, except for gross negligence or willful misconduct. Revolvr may rely upon any notice, demand, request, letter, certificate, agreement or any other document which purports to have been transmitted or signed by or on behalf of a User indicated as the sender or signatory thereof and shall have no duty to make any inquiry or investigation. In the event that Revolvr is uncertain as to Revolvr duties or rights under this agreement, receives any instruction, demand or notice from any user or financial institution which, in Revolvr's opinion, is in conflict with any of the provisions of this agreement, or any dispute arises with respect to this agreement or the escrowed funds, Revolvr may (i) consult with counsel of our choice (including our own attorneys) and any actions taken or not taken based upon advice of counsel shall be deemed consented to by you, or (ii) refrain from taking any action other than to retain the funds in escrow for delivery in accordance with the written agreement of the users, the final decision or award of an arbitrator pursuant to an arbitration commenced and conducted in accordance with the general escrow instructions or a final, non-appealable judgment of a court of competent jurisdiction, or (iii) discharge our duties under this Agreement by depositing all funds by interpleader action with a court of competent jurisdiction in accordance with the procedures outlined in the general escrow instructions.
7. PROPRIETARY RIGHTS
7.1 The Software, Products and Revolvr Websites contain proprietary and confidential information that is protected by intellectual property laws and treaties.
7.2 The content and compilation of content included on the Revolvr Websites, (excluding User Submissions) such as sounds, text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of Revolvr, its affiliates or licensors. Revolvr reserves all rights not expressly granted in the Revolvr Websites.
7.3 Revolvr and/or its licensors retain exclusive ownership of the Software, Products and Revolvr Websites and all intellectual property therein (whether or not registered and anywhere in the world). You will not take any action to jeopardize, limit or interfere with Revolvr’s intellectual property rights in the Software, Products and/or Revolvr Websites.
8.1 Charges for RevolvrFees: Unless otherwise agreed upon by each user in the transaction, Selleragrees to pay the fees for the services that are disclosed on the Site at the time the completed transaction instructions are agreed to by all such users, as well as any other fees, including, without limitation, third party service fees (e.g., shipping, appraisal, inspection, etc.). Once paid, Revolvr fees are nonrefundable. Revolvr fees may change from time to time in Revolvr's absolute and sole discretion. Revolvr is not responsible for payment of any sales, use, personal property or other governmental tax or levy imposed on any items purchased or sold through the services or otherwise arising from the transaction.
8.2 Third Party Charges: Using the Software on mobile applications will use some of the data allowance available on the data package to which you have subscribed with your mobile network operator. Out-of-country usage may lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.
9. ENDING YOUR RELATIONSHIP WITH REVOLVR
9.1 You may terminate your relationship with Revolvr at any time and without recourse to the courts by requesting closure of your User Account, ceasing to use the Software, Products and/or Revolvr Websites and cancelling any recurring payments.
9.2 Revolvr may terminate its relationship with you, or may terminate or suspend your use of the Software, User Account(s), Products or Revolvr Websites at any time and without recourse to the courts:
(a) if you are in breach of these Terms;
(b) ifRevolvr reasonably suspects that you are using the Software, the Products and/or Revolvr Websites to break the law or infringe third party rights;
(c) ifRevolvr reasonably suspects that you are trying to unfairly exploit or misuse the refund policy, or any of our policies.
(d) if Revolvr reasonably suspects that you are using our Products, Software and/or Revolvr Websites fraudulently or that your User Account is being used by a third party fraudulently;
(e) in respect of a particular Product, on thirty (30) days notice if Revolvr decides to cease offering that Product;
(f) immediately, if required due to a change in laws/regulation by a regulator or authority with a lawful mandate, or by any of Revolvr’s partners;
(g) on thirty (30) days notice if Revolvr decides to cease offering the Software to users in your jurisdiction generally.
9.3 Revolvr shall effect such termination by preventing your access to your User Account, the Software, Products and/or Revolvr Websites (as applicable). We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.
9.4 Consequences of Termination: Upon termination of your relationship with Revolvr: (a) all licenses and rights to use the Software, Products and/or Revolvr Websites shall immediately terminate; (b) you will immediately cease any and all use of the Software, Products and/or Revolvr Websites; and (c) you will immediately remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control.
10. EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
10.1 For the purposes of this paragraph 12, "Revolvr" includes its subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees.
10.2 No Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SOFTWARE, PRODUCTS AND REVOLVR WEBSITES ARE PROVIDED “AS IS” AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER; REVOLVR DOES NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SOFTWARE, PRODUCTS AND/OR REVOLVR WEBSITES INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. REVOLVR FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, PRODUCTS AND/OR REVOLVR WEBSITES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES REVOLVR WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE SOFTWARE.
10.3 Nothing in this these Terms shall exclude or restrict Revolvr's liability for (a) death or personal injury, (b) loss resulting from Revolvr's wilful default or gross negligence, (c) fraud or deliberate misrepresentation, or (d) any liability which cannot be limited or excluded by applicable law.
10.4 No Liability: YOU ACKNOWLEDGE AND AGREE THAT REVOLVR WILL HAVE NO LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO REVOLVR, IN CONNECTION WITH OR ARISING FROM YOUR USE OF REVOLVR WEBSITES, OR THE INTERNET COMMUNICATIONS SOFTWARE OR OTHER SOFTWARE THAT IS PROVIDED FREE OF CHARGE. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SUCH SOFTWARE AND/OR REVOLVR WEBSITES IS TO IMMEDIATELY DEINSTALL SUCH SOFTWARE AND CEASE USE OF SUCH SOFTWARE AND/OR REVOLVR WEBSITES.
10.5 Limitation of Liability: Subject to paragraphs 12.3 and 12.4 above, Revolvr shall not be liable to you, whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to Revolvr, for:
(a) any indirect, special, incidental or consequential damages; or
(b) any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect); or
(c) any damage to or corruption of data (whether direct or indirect);
(d) any claim, damage or loss (whether direct or indirect) arising from or relating to:
10.6 Subject to paragraphs 10.3 - 10.5 above, Revolvr’s total liability to you under or in connection with these Terms (whether in contract, tort (including negligence) or any other theory of liability)) SHALL NOT EXCEED IN AGGREGATE THE AMOUNT PAID BY YOU FOR THE PRODUCTS IN THE 12 MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE RELEVANT CLAIM, SUBJECT TO A MAXIMUM OF FIVE THOUSAND US DOLLARS IN ALL CASES.
10.7 If any third party brings a claim against Revolvr in connection with, or arising out of (i) your breach of these Terms; (ii) your breach of any applicable law of regulation; (iii) your infringement or violation of the rights of any third parties (including intellectual property rights); (iv) your User Submissions or (v) your complaint in relation to any User Submission, you will indemnify and hold Revolvr harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim.
11. THIRD PARTY WEBSITES PRODUCTS AND SERVICES
11.2 You acknowledge and agree that any third party product information and pricing that is shown on the Revolvr Websites regarding third party products and services is given to Revolvr by the applicable third party merchant (“Merchant”). The Merchant has the ability to change their pricing or terminate their product availability at anytime. Revolvr is not involved in any transactions between you and any Merchant whose products and/or services are listed on the Revolvr Websites. Revolvr does not control, is not responsible for and does not guarantee: (i) the pricing, quality, performance, availability or terms and conditions of purchase of products or services provided by the Merchant; (ii) any payment transactions, delivery, returns or after sales activities related to the products or services purchased on the Merchants’ websites; (iii) the availability of the Merchant’s websites; (iv) the completeness, truth or accuracy of any advertising or other materials on, or available from, the Merchants’ websites, nor any listing or other content about such products and services displayed on the Revolvr Websites; (v) links to the Merchants’ websites that are featured on the Revolvr Websites. Any questions, complaints, or claims related to any product or service provided by a Merchant should be directed to the applicable Merchant.
11.3 The Software and Revolvr Websites may include hyperlinks to other third party websites. Revolvr is not responsible for such third party websites or the availability of such websites and does not endorse any content or material on such third party websites. Your use of each of these third party websites is subject to the terms and conditions posted on the applicable website.
12. YOUR CONFIDENTIAL INFORMATION AND YOUR PRIVACY
13. HOW TO CONTACT REVOLVR
13.1 To contact Revolvr in relation to the Revolvr Software or “Revolvr” branded Products, please submit a support request to email@example.com.
13.2 If you contact Revolvr by any means other than as set out in paragraphs 13.1, your request may not be acknowledged.
14.1 You agree to the use of electronic communication in order to enter into contracts, place orders, and create other records and to the electronic delivery of notices, policies and changes thereto and records of transactions with Revolvr.
14.2 For your convenience, Revolvr may provide you with a translation of the English language version of these Terms. In the event of any inconsistency between a non-English version of these Terms and the English version, the English version shall govern your relationship with Revolvr.
14.3 These Terms constitute the entire agreement between you and Revolvr with respect to your use of the Software, Products and/or Revolvr Websites and replace any prior agreements between you and Revolvr with respect to the Software, Products and/or Revolvr Websites.
14.4 If any provision of these Terms (or part of it), is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, then such provision (or part of it) shall be removed from the Terms without affecting the legality, validity or enforceability of the remainder of the Terms.
14.5 The failure by Revolvr to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of Revolvr’s right or remedy. If Revolvr waives a breach of these Terms, this shall not operate as a waiver of a subsequent breach of the Terms.
14.6You may not assign these Terms or any rights or obligations contained in them. Revolvr may, without prior notice, assign these Terms or any rights or obligations contained in them to any third party.
14.7 This paragraph 14, along with paragraphs, 4.2, 12 and any other provisions, which are expressed or clearly intended to survive or operate in the event of termination, shall survive termination of the Terms.
14.8 You acknowledge and agree that if Revolvr is unable to provide the Software, Products and/or Revolvr Websites as a result of a force majeure event, Revolvr will not be in breach of any of its obligations towards you under these Terms. A force majeure event means any event beyond the control of Revolvr.
14.9 These Terms shall be governed by and interpreted in accordance with the laws of the United Statesand shall be subject to the jurisdiction of the courts of the state of Washington.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE SOFTWARE OR USE THE SOFTWARE, PRODUCTS AND/OR REVOLVR WEBSITES, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO REVOLVR THE RIGHTS SET FORTH HEREIN.