Roundglass LLC (“Roundglass”, “we” or “us”) provides personal wellbeing products, services, content and features, through Roundglass Living platform available through numerous distribution channels and the Roundglass corporate website (https://roundglass.com), any Roundglass community website, any other website sponsored or provided by Roundglass (the “Sites”), Roundglass-controlled social media pages, streaming services, Roundglass software, and our technology (collectively with the Sites, the “Services”).
a) “Account” shall mean an account created by a User on the Site, the mobile application, mobile web, or website.
b) “Affiliate” shall mean any Person who directly or indirectly, controls, is controlled by, or is under the common control of Roundglass. The term “Control” is used in the sense of the possession by a Person or a group of Persons acting in concert, directly or indirectly, of the right to direct or cause the direction of the management and policies of another Person, whether through the board of directors or ownership of voting rights by such other Person, by the Articles of Association, contract or otherwise.
c) “Content” shall mean text, graphics, descriptions, 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 Services;
d) “Grievance Officer” means the grievance redressal officer appointed by Roundglass in accordance with applicable law, from time to time.
e) “Information” means and shall include any confidential or personal information provided or shared with Roundglass or other Users of the Services while using, accessing, or registering with the Site, or through any email/messaging feature.
f) “Law” shall mean all statutes, enactments, acts of legislature, laws, ordinances, rules, regulations, notifications, guidelines, policies, directions, directives, and orders of any government and or any regulatory authority.
g) “Payment Information” shall mean Information required to collect or process any payment, such as your bank account number, Your credit card number, the expiration date of Your credit card, and Your address(es) for billing and delivery.
i) “Services” shall mean various services offered through the Site.
j) “Subscription” shall mean certain enhanced features of the Services which You can purchase on a subscription basis. A description of the features associated with Subscriptions is available via Site.
k) “User(s)” shall mean a Person who registers himself or herself on Site by providing the required Information through the registration process.
l) “User Content” shall mean any Content that Users (including you) provide to be made available through the Site
m) “Visitor” shall mean Users who visit the Site but are not registered Users.
2. Roundglass Living
Roundglass through its website and/or mobile applications provides technology solutions for personal wellbeing products, services and content that enable every individual to put holistic wellbeing at the centre of their life’s journey.
a) You may use the Services only if you are 18 years or older and are not barred from using the Services under applicable law. To purchase via Site (described in the Section titled “Purchases” below), you must be 18 years or older and capable of forming a binding contract.
b) In the event a User does not fulfil the age eligibility criteria mentioned above (as may be revised as per applicable laws from time to time) and desirous of registering for/using the Services i.e., if a User is a “Minor”/ “Child”, then the User may use the Services with the consent of and/or under the supervision of their parent or legal guardian (“Parent”). Accordingly, in such a case, the Parent must agree to this Agreement at the time of such Minor/Child’s registration for the Services. When a Minor/Child uses the Services, we assume that the Parent of such Minor/Child has enabled the Minor/Child’s usage of the Services by agreeing to this Agreement and that such usage is under the supervision of their Parent.
c) We reserve the right to cancel/terminate your Subscription and / or restrict your access to the Services if it is discovered or brought to our notice that you do not meet the age eligibility criteria and have not obtained the consent to register and use the Services from your Parent.
a) If you want to use certain features of Site, you’ll have to register on Site to create an Account. You must provide us with accurate, complete, and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete, and up to date. If you don’t, we might suspend or terminate your Account.
b) You may be able to register on Site through single sign-on (“SSO”) if enabled by your organization or with certain third-party social networking services as well including but not limited to Facebook, Google, Apple etc. (each, an “SNS Account”). If you choose the SNS Account option, we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.
c) It shall be your responsibility to keep your Account password secure, and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account.
a) Through Site, Users can select from a variety of options to create customized wellbeing experiences and access various Services. On payment of such fees as may be indicated, you can also utilize the enhanced functionality of the Services, as described in further detail under the Section titled “Purchases” in this Agreement. Some Services are only available on payment of such fee as will be indicated.
b) You understand and agree that any information you learn from Roundglass is not intended, designed, or implied to diagnose, prevent, or treat any condition or to ascertain the state of your health, or to be a substitute for professional medical care. Not all activities described on Site are suitable for everyone. You understand and agree that some of the Services are for informational purposes only. Before beginning or using any Service related to any physical activity, we strongly recommend that you consult with your physician. It is your concern to evaluate your own medical and physical condition and to individually decide whether to use or act upon the information received through use of the Services. Do not use Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You understand and agree that you are solely responsible for your usage of the Site and any Services available through it.
c) We reserve the right to refuse access to the Site to a new User or to withdraw access granted to existing Users at any time at our sole discretion including but not limited to, in the event of fraud, misrepresentation, inadequate disclosures, and any threat to the Roundglass, perceived or otherwise.
6. Mobile Networks; Texting
When you access and use the Sites or any Services through a mobile network, or you sign up for our text message programs, your network or roaming provider’s messaging, data and other rates and fees may apply. Not all Services may work with your mobile network provider or device.
7. Free Trial
Roundglass may offer Free trial of certain Services, which are subject to this Agreement. We reserve the right, in our sole discretion, to determine your eligibility for free trial. For an annual Subscription, we shall provide free trial of 14 days. Free trial requires you to have a valid payment method, such as a credit card or other permitted payment method, our payment processors may validate that payment method including by requesting a temporary authorization from the financial institution issuing your payment method. If we determine that your payment method is invalid, without limiting any of our other rights, we may revoke any benefits, or Content you may have received as part of the offer. Free trial will automatically convert to a paid annual or monthly Subscription depending on the trial duration, If you avail free trial of Services, you may at any time, choose not to continue the Subscription by cancelling prior to the end of the free trial period.
a) Roundglass offers certain enhanced features of the Services which you can purchase on a subscription basis through the options provided on Site (“Subscription”). A description of features associated with Subscriptions is available via Site. When you purchase a Subscription (“Transaction”), the payment processor may ask you to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card, and your address(es) for billing (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction through the Site will be presented to you before you place your order. If you choose to initiate a Transaction via Site, you authorize us to provide your Payment Information to third-party payment processors so we can complete your Transaction and agree (a) to pay the applicable fees and any taxes; (b) that payment processor may charge your credit card or third party payment processing account, including, but not limited to, your account with the app store or distribution platform (like the Apple App Store, Google Play or the Amazon Appstore) where the mobile app is made available (each, an “App Provider”), for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. You’ll see your subscription data displayed in the ‘Settings’ / ‘Subscription’ screen of your account on the App. Your order is not binding on us until accepted and confirmed by us. All payments made are non-refundable and non-transferable except as expressly provided in this Agreement.
b) If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third-party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with us.
c) We reserve the right to not process or to cancel your Subscription in certain circumstances, for example, if your credit card is declined if we suspect the request or order is fraudulent, or in other circumstances, Roundglass deems appropriate in its sole discretion. We also reserve the right, in our sole discretion, to take steps to verify your identity in connection with your Subscription. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). Roundglass will either not charge you or refund the charges for the Subscription that we do not process or cancel.
d) Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription:
All amounts are payable and charged: (i) for yearly subscriptions i.e. 365 days, at the beginning of the Subscription and, because each such Subscription renews automatically for an additional period equal in length to the expiring subscription term until you cancel it, at the time of each renewal until you cancel, using the Payment Information you have provided and the same has to be authorized by you, where applicable. You must cancel your Subscription before it renews to avoid the billing of the fees for the next Subscription period. If you purchase your Subscription via the website, you can cancel the renewal of your subscription at any time by contacting us by email at email@example.com. If you purchase your Subscription via an App Provider, you can cancel the renewal of your subscription at any time with the App Provider. You will not receive a refund for the fees you already paid for your current subscription period, and you will continue to receive the Services subscribed until the end of your current Subscription period e) Changes in Fees for Subscriptions: Roundglass reserves the right to change its fees for Subscriptions or a la carte Services at any time and Roundglass will notify you in advance of such changes becoming effective. Changes to the fees will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the Fee change, then you may choose not to renew your Subscription in accordance with the above section.
f) Refund Policy: the refund policy for your Subscriptions shall be as follows-
Annual Subscription: There shall be no refunds for cancellation of the Subscription
9. Intellectual Property Rights
a) Content Ownership: Roundglass does not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Roundglass and its licensors exclusively own all rights, titles, and interests in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Content is protected by copyright, trademark, and other applicable laws. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying Services or the Content.
b) Rights in User Content Granted by You: By making any User Content available through the Site you hereby grant to Roundglass a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to subject to applicable laws, use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content in connection with operating and providing Site and related services and Content to you.
c) Rights in Content Granted by Roundglass: Subject to your compliance with this Agreement, Roundglass grants you a limited, non-exclusive, non-transferable, non-sublicensable license to view, copy and display the Content solely in connection with your permitted use of Services and solely for your personal and non-commercial purposes.
d) Rights in Mobile Application: Subject to your compliance with this Agreement, Roundglass grants you a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the mobile application on a mobile device or computer that you own or control and to run such copy of the App solely for your personal, non-commercial purposes. Roundglass reserves all rights in and to the mobile application not expressly granted to you under this Agreement. You may not copy the mobile application, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in this Agreement, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the mobile application to any third party; (iii) reverse engineer, decompile or disassemble the mobile application; or (iv) make the functionality of the mobile application available to multiple users through any means
10. Third Party Services and Content
11. User Generated Content
b) Roundglass is a welcoming community for all. You may not submit or upload User Generated Content that is harmful and disruptive, or content that will cause harm if disclosed including, without limitation:
i. Content containing or promoting racism, hate speech, violence, and illegal activity;
ii. Spam, unauthorized advertising, and other forms of solicitation;
iii. Content intended to disparage, defame, abuse, intimidate, bully, threaten, or otherwise harass other people; or
iv. Others’ personal information or any other information that you do not have the permission to disclose.
12. Term and Termination
a) This Agreement will continue to apply until terminated by either party as set forth below. If You object to any terms or change in this Agreement or are dissatisfied with the Services, You shall send a notice to us as per the Notice clause to (i) close Your User account on; and/or (ii) stop accessing, using, and visiting the Site.
b) We may stop Your future access to the Site or suspend or terminate your account if we believe, in our sole and absolute discretion, that You have infringed, breached, violated, abused, or unethically manipulated or exploited this Agreement or otherwise acted unethically in a way that is against this Agreement or detrimental to public wellbeing and security.
c) Upon termination of this Agreement by either party, we may delete any information relating to Your use of the Services except any information which is required to be retained under applicable Laws.
13. User Obligations
a) You agree and undertake not to host, display, upload, modify, publish, transmit, update, or share any Information or list any Information on the Site that:
i. is copyrighted content of another person and/or belongs to another person and to which You do not have any right and/or license;
ii. is harmful, insulting or harassing on the basis of gender, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy including bodily privacy, hateful, insulting, hurting religious or other sentiments, or racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful or inconsistent with or contrary to the laws in force in any manner whatsoever;
iii. is unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986 (or corresponding applicable Law), or harms minors in any way;
iv. infringes any intellectual property rights or third party’s trade secrets or rights of publicity or privacy including any patent, trademark, copyright, or other proprietary rights;
v. violates any law including but not limited to data privacy laws for the time being in force;
vi. deceives or misleads the Users about the origin of such Information or intentionally communicates any Information which is patently false or misleading but may be reasonably perceived as a fact, or grossly offensive, instigating or menacing in any manner;
vii. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person;
viii. is fraudulent or impersonates another person;
ix. contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource, or contains any trojan horses, bugs, bots, worms, or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept, or expropriate any system, data, or personal Information;
x. is false, inaccurate, or misleading; directly or indirectly, offers, attempts to offer, trade or attempts to trade in any item/service, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable Law;
xi. may give rise to liability on part of the Site or Roundglass or cause any hindrance (in whole or in part) with respect to the suppliers of the Services:
xii. links directly or indirectly to or include descriptions of items that are prohibited under this Agreement or any other applicable;
xiii. threatens the unity, integrity, defence, security or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any nation;
xiv. promotes any external website or webpage or link on the Site unless you have express written consent from us or have a separate legal agreement with us, which permits you to do so; and
xv. discloses any personal Information of the Client unless You have documented consent of the Client for sharing the personal Information for the said purpose.
b) In case of any violation of the above provisions, Roundglass has the right to immediately terminate the access or usage rights of the User to the Site without any notice and remove any such violative Information and/or report it to investigating authorities, without prejudice to any other legal remedies available to any impacted parties, including Roundglass.
14. Representation and Warranties
You represent and warrant that:
a) You have the full power and authority to execute, deliver, and perform Your obligations under this Agreement and to carry out the obligations contemplated under this Agreement.
b) You have provided true, accurate, complete, and up-to-date details.
c) The execution, delivery, and performance of this Agreement does not conflict with, breach, constitute a default under, or violate any applicable law, contract, decree, or order to which You are a party or by which You are bound.
d) You are solely responsible for the Information uploaded/shared by You on the Site.
15. Warranty Disclaimer
a) YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, ROUNDGLASS PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND YOUR USAGE OF THE SITES AND SERVICES IS AT YOUR OWN, SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, PROVIDED BY ROUNDGLASS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. ROUNDGLASS PARTIES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW WITH RESPECT TO THE SERVICE. ROUNDGLASS RESERVES THE RIGHT TO MODIFY OR DISCONTINUE ANY SERVICES AT ROUNDGLASS’ SOLE DISCRETION WITHOUT ANY LIABILITY.
b) WITHOUT LIMITING THE FOREGOING, ROUNDGLASS MAKES NO REPRESENTATIONS OR WARRANTIES:
i. THAT THE SERVICES IS OR WILL BE PERMITTED OR FUNCTION PROPERLY WHERE YOU LIVE OR ACCESS THE SITE OR SERVICES;
ii. THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
iii. THAT THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR PRODUCTS WILL BE ACCURATE OR RELIABLE;
iv. REGARDING THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF THE SERVICES OR PRODUCTS;
v. THAT THE SERVICES WILL BE WITHOUT DELAYS, CANCELLATION, OR OTHER DISRUPTIONS; OR
vi. CONCERNING SITE AND RESOURCES OUTSDIE OF THE SERVICE, EVEN IF LINKED FROM THE SERVICE.
c) FROM TIME TO TIME, ROUNDGLASS MAY OFFER NEW “BETA” FEATURES OR TOOLS THAT ITS USERS MAY TEST AND EVALUATE. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EVALUATION PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT ROUNDGLASS’ SOLE DISCRETION.
16. Professional Advice Disclaimer; Medical Disclaimer
a) Professional Advice Disclaimer. THE SERVICES OFFERS PERSONAL HEALTH AND WELLBEING INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE BEGINNING A NEW HEALTH AND WELLBEING PROGRAM. YOU SHOULD NOT RELY ON INFORMATION OR HEALTH AND WELLBEING PROGRAMS AVAILABLE IN OR VIA THE SERVICES AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. DO NOT DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF INFORMATION AVAILABLE ON THE SERVICES OR COMMUNICATED TO YOU THROUGH THE SERVICE. THE USE OF INFORMATION PROVIDED THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK.
b) DO NOT LISTEN TO AUDIO OR VIDEO MEDITATION EDUCATIONAL MATERIALS WHILE DRIVING OR OPERATING HEAVY EQUIPMENT, OR WITH OTHER DEVICES THAT MAY INFLUENCE YOUR STATE OF CONSCIOUSNESS. NOTHING STATED OR POSTED ON THE SERVICES OR AVAILABLE THROUGH THE SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THE AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE SERVICES IS CONTINUALLY UNDER DEVELOPMENT AND ROUNDGLASS MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS ON THE SERVICE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE SERVICES WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
c) Medical Disclaimer. In using the Service, you affirm that either your physician has approved your use of the Services or that all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness as a result of exertion; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition of which physical activity and exertion are contraindicated; (vii) you do not have a history of high blood pressure of which your physician has warned physical activity and exertion are contraindicated; and (viii) you do not know of any other reason you should not exercise. You are responsible for providing accurate information and disclosing any health or medical issues.
17. Assumption of the Risk
While we take utmost caution while providing the Services, You recognize that some wellbeing activities included in the Services requires physical exertion, which may be strenuous and may cause physical injury, and you are fully aware of the risks and hazards involved, including risk of physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent paralysis and/or death. In consideration for being permitted to use the Sites and the Services, you agree, on behalf of yourself and behalf of your heirs, personal representatives, spouse, next kin, successors and assigns that there are certain inherent risks associated with my use of the Sites and Services, to assume full responsibility for personal injury to yourself, and further release and forever discharge Roundglass and its affiliates, successors and assigns, officers, employees, representatives, partners, and agents (each a “Released Party”), in such Released Party’s individual and/or corporate capacity from causes of action of any nature and kind, known and unknown, which you may have against any Released Party arising out of or related to any for injury, death, loss or damage related to use of the Sites or Services whether your fault or the fault of third parties. In further consideration of being permitted to use the Sites and Services, you knowingly, voluntarily, and expressly waive all claims that you may have against any Released Party for injury, death, loss, or damages that you may sustain as a result of using the Sites or Services.
18. Enforcement Rights
We are not obligated to monitor access or use of the Sites or the Services; however, we reserve the right to do so for purposes of operating and maintaining the Sites or the Services, as applicable, ensuring your compliance with the Terms, and complying with applicable legal requirements. We may disclose unlawful conduct to law enforcement authorities, and we may cooperate with law enforcement authorities to investigate users who violate the law. We reserve the right (but are not required) to remove or disable any content posted to the Sites or access to Sites or Services at any time and without notice, and at our sole discretion, if we determine in our sole discretion that your content or use of the Sites or Services is objectionable or violates the Terms. If you see User Generated Content that violates the Terms, please let us know at firstname.lastname@example.org
You shall indemnify and hold harmless Roundglass and its parent, subsidiaries, Affiliates and their officers, directors, agents, and employees, from and against any and all losses, costs, damages, settlement payments, expenses (including without limitation attorneys’ fees and disbursements), penalty or other liabilities arising out of actions, suits, proceedings, judgments, or any other claims made by any third party or imposed under Law as a result of Your violation of this Agreement (including anything incorporated by reference), any law, breach of eligibility obligations for your child/legal ward or the rights of a third party.
20. Limitation of Liability
a) DISCLAIMER OF CERTAIN DAMAGES YOU UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ROUNDGLASS WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS OR OTHER INTANGIBLE LOSSES OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT ROUNDGLASS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS OR THE SERVICE, INCLUDING ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE, ON ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
b) CAP ON LIABILIT YYOU UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ROUNDGLASS’S LIABILITY TO YOU OR ANY OTHER PARTY ARISING OUT OF OR IN CONNECTION WITH THE TERMS OR THE SERVICE, INCLUDING ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS, WILL NOT EXCEED, IN THE AGGREGATE (FOR ALL CLAIMS), THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO ROUNDGLASS OVER THE THREE (3) MONTHS PRECEDING THE DATE YOUR FIRST CLAIM AROSE.
d) EXCLUSION OF DAMAGES IF YOU LIVE IN A JURISDICTION THAT DOES NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY, THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY ASPECT OF THE LIMITATIONS SET FORTH ABOVE DOES NOT APPLY, ALL REMAINING ASPECTS SURVIVE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ROUNDGLASS AND YOU
21. Class Action Waiver
YOU AND ROUNDGLASS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, neither JAMS nor the arbitrator may consolidate another person’s claims with your claims or otherwise preside over any form of a representative or class proceeding for any purpose.
22. Intellectual Property Infringement
We respect the intellectual property rights of others, and we expect our users to do the same. To report a copyright, trademark, or other intellectual property rights infringement, please contact us at email@example.com, using the heading “Intellectual property report”.
23. Limitation and Changes to the Services
a) We will use every reasonable effort to keep the Services operational, but from time to time, there may be some technical difficulties or maintenance that cause temporary interruption to your access to the Services.
b) In addition, we’re always thinking of ways to improve the Services for our users, whether by adding or removing features and functionalities or by suspending or stopping the Services altogether. We will try to notify you of any changes or scheduled interruptions to Services access beforehand, but we can’t guarantee that we always will.
24. Changes to the Terms
From time to time, we may make changes these Terms. If we make any material changes, we will let you know by either posting an update on the website or by sending you an email if we have your email address on file. In some situations, we will notify you before making changes to the Terms and your continued use of the Sites and Services will mean you have accepted the new Terms.
a) Governing Law. You agree that the laws of the state of Washington, without regard to principles of conflict of laws, will exclusively govern these Terms and any Dispute between you and Roundglass.
b) Notices All notices required or permitted to be given under these Terms must be in writing. Roundglass may provide you notice by sending you an e-mail to the address on file with us, which you agree electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR E-MAIL ADDRESS ON FILE WITH ROUNDGLASS IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY ROUNDGLASS OF AN EMAIL TO THAT ADDRESS. You will give any notice to Roundglass by means of mail, postage prepaid, to Roundglass LLC, 1756 114th Avenue SE, Bellevue, WA 98004. Such notice to Roundglass will be effective upon receipt of notice by Roundglass.
c) Severability If any provision or part of these Terms is deemed to be unlawful, void or for any reason unenforceable, then that provision or part will be deemed severable from these Terms. Any severing of a Term will not affect the validity and enforceability of any remaining provisions or parts of the Terms.
d) Termination Notwithstanding anything to the contrary in these Terms, Roundglass reserves the right, without notice and in its sole and absolute discretion, for any reason or no reason, to terminate your access and use of any of the Services, including to block or prevent your access and use of any of our websites. You agree that Roundglass will not be liable for any interruption or termination of your access and/or use of our Services.
e) No Third-Party Beneficiaries Except as set forth in these Terms, only you and Roundglass may enforce these Terms; no third party will be entitled to enforce these Terms.
f) Survival The provisions of these Terms which by their nature should survive the termination of these Terms will survive such termination.
g) Waiver No waiver of any provision of these Terms by us will be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. Any waiver must be in writing and signed by the Chief Executive Officer of Roundglass to be effective.
h) Assignment Roundglass may assign these Terms to any person or entity at any time, for any reason, with or without notice to you.
i) Amendments These Terms may not be amended unless agreed to in writing and signed by the Chief Executive Officer of Roundglass.
You consent to be contacted or to receive any other information through telephone, e-mail, SMS, or WhatsApp to fulfil the purpose of this Agreement and for marketing and promotional purposes from us or our Affiliates or agents at all points in time you will have the right to, at your sole discretion opt-out of these services by writing to us at firstname.lastname@example.org. However, the intent of these Services is to enhance your user experience and for us to curate Content specific to your needs and/or liking.