ROAR for Good’s Terms of Service
Last Updated: November 1, 2018
- The ATHENA device and any other wearable devices that connect to our Mobile Apps (defined below)(our “Devices”);
- The ROAR for Good Mobile Application (ROAR Personal Safety app) and any other mobile applications we make available for download through the Sites (defined below), the Apple® App Store, other cell phone service provider locations or other locations we indicate or that may be accessed through computers or mobile devices (each a “Mobile App” and collectively the “Mobile Apps”); and
- Our websites located at www.roarforgood.com (each a “Site” and collectively the “Sites”).
The Devices, Mobile Apps, and Sites are collectively referred to as the “ROAR for Good Products and Services”).
You are responsible for complying with the laws of the jurisdiction from which you are accessing or where you are using the ROAR for Good Products or Services and you agree that you will not access or use the information on this site in violation of such laws. Unless expressly stated otherwise herein, any information submitted by you through this site shall be deemed non-confidential and non-proprietary. You represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so. Because of the open nature of the Internet, we recommend that you not submit information you consider confidential.
NOT A REPLACEMENT FOR 911. The ROAR for Good Products and Services are a communication platform; ROAR for Good Products and Services are not a replacement for 911 and do not guarantee an emergency response from responders. If you are in immediate danger, are suffering a medical emergency, or are the victim of a crime, CALL 911 and/or the appropriate authorities. Do not rely on the ROAR for Good Products and Services. Even if your mobile device and the App has connectivity, ROAR for Good does not guarantee and has no control over whether your messages will be delivered in real-time, immediately accessed by, or responded to by any Designated Recipient (defined below) or emergency responder. You acknowledge that if you are in a secured or access-restricted location, any emergency responders may use forcible means to enter that location, which may result in damage to the location, all of which damage, cost, and expense shall be borne solely by you without recourse to Company or Representatives. Company has no control over response times for responders. You hereby release Company and the Designated Recipients for and from all claims, losses and damages that may arise from any forced entry or any delayed response by any responders.
THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE ALL CLAIMS (MEANING THE PARTIES GIVE UP THE RIGHT TO SEEK RELIEF IN A COURT OF LAW), A WAIVER OF YOUR ABILITY TO BRING OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AND ALSO CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (please see Sections 17, 18, and 21 for important information affecting your rights).
These provisions form an essential basis of our bargain. If you do not agree to these Terms, you are not authorized to access or use the Site or the ROAR for Good Products and Services offered on the Site and you should stop using all ROAR for Good Products and Services and exit the Site.
ROAR FOR GOOD ACCOUNT. Your ROAR for Good account, as applicable, gives you access to certain ROAR for Good Products and Services. You may never use another User’s account (except with such User’s express permission and on such User’s behalf). When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify ROAR for Good immediately of any breach of security or unauthorized use of your account. ROAR for Good will not be liable for any losses caused by any unauthorized use of your account.
You specifically agree not to use the ROAR for Good Products and Services to:
- send or upload Content that may be viewed as unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, infringing, or racially, ethnically or otherwise objectionable; B. send or upload Content that is harmful to minors in any way; C. impersonate any person or entity, including, but not limited to, a Company official, officer, employee, representative, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; D. forge headers or otherwise manipulate identifiers in order to disguise the origin of any identity used to transmit messages through the ROAR for Good Products and Services to another; E. send or upload Content that may be deemed as unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation; F. interfere with or disrupt the ROAR for Good Products and Services or servers or networks connected to the ROAR for Good Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the ROAR for Good Products and Services; G. intentionally or unintentionally violate any applicable federal, state, local, national or international law; H. stalk or otherwise harass another; I. harvest or otherwise collect or store personal data about other Users; or J. play pranks on, falsely report events, harass or otherwise mislead any User or third party emergency responder.
THIRD PARTY WEB LINKS. The ROAR for Good Products and Services or Content contained therein may contain links to other websites, services or resources on the Internet. When you access third party websites, services or resources, you do so at your own risk, and are subject to the terms of service, use and privacy policies of those third party websites. Such websites and services are not under ROAR for Good’s control, and you acknowledge that ROAR for Good is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites, services, or resources. The inclusion of any such link does not imply endorsement by ROAR for Good or any association with its operators. You further acknowledge and agree that ROAR for Good shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any such third party website or resource.
NOTIFICATIONS. You agree that certain ROAR for Good Products and Services may allow for, upon activation, notification via text messages to and from cell phones and other devices that are listed in your profile, as well as to and from emergency responders. You also agree that, from time to time, Company may notify you through the ROAR for Good Products and Services or by email, to provide you with information regarding or related to the ROAR for Good Products and Services. You understand that the technical processing and transmission of the ROAR for Good Products and Services, including your provided information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You also understand that some or all of the transmissions may not be encrypted or protected.
RIGHTS TO IDEAS AND SUGGESTIONS. ROAR for Good wishes to continually improve and expand the ROAR for Good Products and Services. ROAR for Good welcomes any ideas, suggestions, or feedback, related to the ROAR for Good Products and Services or for upgrades, updates, improvements, new features or functions thereto (“Ideas”). If you provide ROAR for Good with any Ideas, whether orally, in writing, or in any other way, you hereby assign and transfer all right, title and interest in and to all such Ideas to ROAR for Good. You should not provide ROAR for Good with any Ideas that are subject to third party intellectual property rights or that include or reveal any confidential information of any third party.
TELECOMMUNICATIONS SERVICES. ROAR for Good has no responsibility for providing you with connectivity to the Internet, wireless access, or any other telecommunications services necessary for you to receive or interact with the ROAR for Good Products and Services. Some of our ROAR for Good Products and Services are available on mobile devices. Using some of our ROAR for Good Products and Services may cause you to incur SMS or data charges with your wireless provider. Please be aware that we have no control over these charges, and if you do not wish to be charged, you should stop using the ROAR for Good Products and Services.
CLOSING YOUR ACCOUNT. You may cancel your ROAR for Good account at any time. To cancel your account, email email@example.com. Include your name, the email address you registered with, and a phone number where you can be reached. Thereafter, we will use reasonable efforts to cancel your account within 48 hours of your cancellation request.
NO WARRANTY.EXCEPT AS EXPRESSLY PROVIDED IN THE “PRODUCT WARRANTY” SECTION BELOW, THE ROAR FOR GOOD PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE ROAR FOR GOOD PRODUCTS AND SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ROAR FOR GOOD PRODUCTS AND SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE ROAR FOR GOOD PRODUCTS AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS AND RESELLERS (INCLUDING APPLICABLE THIRD PARTY APP STORES) DO NOT WARRANT THAT ANY CONTENT IN ANY ROAR FOR GOOD PRODUCTS AND SERVICES IS ACCURATE, RELIABLE OR CORRECT; THAT THE ROAR FOR GOOD PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE ROAR FOR GOOD PRODUCTS AND SERVICES WILL PROTECT YOU OR HELP YOU IN ANY DANGEROUS, EMERGENCY OR OTHER SITUATION; THAT THE ROAR FOR GOOD PRODUCTS AND SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE ROAR FOR GOOD PRODUCTS AND SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ROAR FOR GOOD PRODUCTS AND SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE ROAR FOR GOOD PRODUCTS AND SERVICES. ANY USE OF THE ROAR FOR GOOD PRODUCTS AND SERVICES, INCLUDING USE IN AN EMERGENCY, IS AT YOUR OWN RISK.COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ROAR PRODUCTS AND SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
EXPORT AND PRIVACY LAW. The ROAR for Good Products and Services are controlled and operated from facilities in the United States. ROAR for Good makes no representations that the ROAR for Good Products and Services are appropriate or available for use in other locations. Those who access or use the ROAR for Good Products and Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations, and agree to be bound by United States privacy laws, which may be less restrictive than the privacy laws of their home jurisdiction. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software related to the ROAR for Good Products and Services may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or (ii) by or to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. Except to the extent otherwise explicitly stated, the ROAR for Good Products and Services are solely directed to individuals, companies, or other entities located in the United States.
JURISDICTION; DISPUTE RESOLUTION; ARBITRATION. PLEASE READ CAREFULLY. THE FOLLOWING AFFECTS YOUR RIGHTS AND YOUR ABILITY TO BRING SUIT IN A COURT OF LAW
These Terms shall be treated as though they were executed and performed in the Commonwealth of Pennsylvania, U.S.A. and shall be governed by and construed in accordance with the laws of the United States of America and the Commonwealth of Pennsylvania (without regard to conflict of law principles).
SHOULD A DISPUTE ARISE BETWEEN YOU AND ROAR CONCERNING THE TERMS AND CONDITIONS OF THESE TERMS, THE BREACH OF SAME BY ANY PARTY HERETO, ANY DATA SUBMITTED BY YOU, THE ROAR FOR GOOD PRODUCTS AND SERVICES OR ANY OTHER PRODUCTS OR ROAR FOR GOOD PRODUCTS AND SERVICES PROVIDED BY ROAR FOR GOOD, YOU AGREE TO SUBMIT THE DISPUTE FOR RESOLUTION BY ARBITRATION BEFORE THE AMERICAN ARBITRATION. ASSOCIATION IN ACCORDANCE WITH ITS THEN CURRENT COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY, “AAA RULES”), AS MODIFIED BY THESE TERMS, AND YOU AGREE TO WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW. SUCH ARBITRATION SHALL BE ADMINISTERED BY A SINGLE ARBITRATOR. The arbitrator is bound by these Terms and must issue a written decision sufficient to explain the essential findings and conclusions on which an award is based. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provisions in this Section 21 are for a court to decide. ANY AWARD RENDERED SHALL BE FINAL AND CONCLUSIVE TO THE PARTIES, AND A JUDGMENT THEREON MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. THE ARBITRATION SHALL BE CONDUCTED IN PHILADELPHIA, PENNSYLVANIA. YOU MAY OPT OUT OF THIS ARBITRATION REQUIREMENT BY NOTIFYING ROAR IN WRITING AT 1339 CHESTNUT STREET, SUITE 1500, PHILADELPHIA, PA 19107 WITHIN THIRTY (30) DAYS AFTER OPENING YOUR ROAR ACCOUNT OR ORDERING OR PRE-ORDERING A PRODUCT. NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING INJUNCTIVE RELIEF IN ANY COURT OF COMPETENT JURISDICTION IN ORDER TO PROTECT ITS INTELLECTUAL PROPERTY OR CONFIDENTIAL INFORMATION.
TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BRING, JOIN OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, CLAIMS BROUGHT IN A REPRESENTATIVE CAPACITY OR CONSOLIDATED CLAIMS AS TO ANY CLAIM, DISPUTE OR CONTROVERSY THAT YOU MAY HAVE AGAINST ROAR OR ITS AFFILIATES, AND/OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, REPRESENTATIVES AND ASSIGNS. YOU AGREE TO THE ENTRY OF INJUNCTIVE RELIEF TO STOP SUCH A LAWSUIT OR TO REMOVE YOU AS A PARTICIPANT IN THE SUIT. YOU AGREE TO PAY THE ATTORNEYS’ FEES AND COURT COSTS THAT ROAR FOR GOOD INCURS IN SEEKING SUCH RELIEF. THIS PROVISION PREVENTING YOU FROM BRINGING, JOINING OR PARTICIPATING IN CLASS ACTION LAWSUITS AND OTHER CONSOLIDATED CLAIMS IS AN INDEPENDENT AGREEMENT AND DOES NOT CONSTITUTE A WAIVER OF ANY OF YOUR RIGHTS AND REMEDIES TO PURSUE A CLAIM INDIVIDUALLY AND NOT AS A CLASS ACTION IN BINDING ARBITRATION AS PROVIDED ABOVE. Further, unless both you and ROAR for Good agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Should a dispute arise between you and ROAR for Good and should the arbitration provisions herein become inapplicable or unenforceable, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Philadelphia, Pennsylvania, U.S.A., and you hereby consent to the exercise of jurisdiction and venue by such courts. If either party employs attorneys to enforce any right in connection with a dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys’ fees.
REFUNDS; RETURNS. If you’re not completely satisfied with your purchase for any reason, simply contact ROAR for Good within 60 days of your purchase day to request a full refund. To qualify for a refund once the company begins shipping, all of the following conditions must be met:
– The Product must be unused, undamaged and in its original packaging.
– You must request a Return Merchandise Authorization (RMA) from ROAR for Good within 60 days of your purchase date and the Product must be received by us within 10 days after issuance of the RMA.
– Any returned Product must be packed in their original packaging including all accessories, manuals, documentation and registration that shipped with the Product.
– Shipping and handling charges, any other fees, and taxes paid (e.g., state, customs, VAT) are not refundable.
– Customers are responsible for shipping charges and shall assume all risk of loss or damage to the Product while in transit to ROAR for Good.
-Refunds will be processed and paid within 2 weeks of our receipt of the validly returned Product.
THIS LIMITED WARRANTY IS VALID ONLY IN THE UNITED STATES FOR NEW PRODUCTS SOLD IN THE UNITED STATES FROM AN AUTHORIZED DEALER. You agree and acknowledge that the Product is not designed or guaranteed to prevent any loss or injury. ROAR for Good warrants the Product against defects in materials and workmanship under normal use for a period of one year (365 days) from the date of retail purchase by the original consumer (the “Warranty Period”). This warranty is only valid for the original retail purchaser (the “Consumer”) and only from the date of initial retail purchase, and the Consumer must provide proof of purchase.
Consumer’s sole and exclusive remedy, and ROAR for Good ’s sole and exclusive responsibility under this warranty, if a hardware defect arises and a valid claim is received by ROAR for Good within the Warranty Period, at its option and to the extent permitted by law, ROAR for Good will either (1) repair the Product at no charge, using new or refurbished replacement parts or (2) exchange the Product with a new or refurbished Product, so that it performs substantially in accordance with the accompanying documentation on the date of Consumer’s initial purchase.
A replacement Product or part assumes the remaining warranty of the original Product or ninety (90) days from the date of replacement or repair, whichever is longer.
To obtain warranty service for the Product, Consumer must notify ROAR for Good to obtain a Return Material Authorization (“RMA”) and return the defective Product together with proof of purchase to the address specified by ROAR for Good in connection with the RMA. Consumer will be responsible for, and pre-pay, all return shipping charges and shall assume all risk of loss or damage to product while in transit to ROAR for Good . ROAR for Good shall bear the cost of shipping the Product back to the Consumer after the completion of service under this limited warranty. Any Product returned without an RMA or without proof of purchase will be returned to Consumer at Consumer’s cost.
This Limited Warranty applies only to the Product manufactured by ROAR for Good. The Limited Warranty does not apply to any (a) ROAR for Good Products and Services other than the Product (such as accessories), (b) third party hardware product, (c) consumables (such as batteries), or (d) software, even if packaged or sold with the Product or embedded in the Product.
This warranty does not apply to a Product or part of the Product that has been altered or modified (e.g., to alter functionality or capability) by anyone who is not a representative of ROAR for Good or if the Product is inserted or installed in a casing not provided by ROAR for Good . In addition, this Limited Warranty does not apply: (a) to damage caused by use with third party products; (b) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (c) to damage caused by operating the Product outside the permitted or intended uses not in accordance with the documentation by ROAR for Good or with improper power supply; or (d) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of ROAR for Good. Recovery and reinstallation of software programs and user data are not covered under this Limited Warranty.
No ROAR for Good reseller, agent, or employee is authorized to make any modification, extension, or addition to this Limited Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY ROAR FOR GOOD. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY. THESE WARRANTIES GIVE CONSUMER SPECIFIC LEGAL RIGHTS, AND CONSUMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose.