ROAR for Good’s Terms of Service

Last Updated: June 13, 2017

Subject to the terms and conditions of these Terms of Use, ROAR for Good, Inc. (“ROAR” or “Company” or “we”) provides or makes available this website and certain other products and services, including:

  • The ATHENA device and any other wearable devices that connect to our Mobile Apps (defined below)(our “Devices”);
  • The ROAR for Good Mobile Application 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 Products and Services”).

Important: Your access to and use of any ROAR Products and Services is subject to these Terms of Use, any additional Terms of Use applicable to such ROAR Products and Services (each, an “Additional Service Term”) and all applicable laws and
regulations. Before using or accessing any ROAR Products and Services, please read these Terms of Use carefully. These Terms of Use apply to all visitors, users, and others who access any ROAR Products and Services (“User(s)”).

BY ACCESSING, DOWNLOADING, INSTALLING, ACTIVATING OR USING ANY ROAR PRODUCTS AND SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU HAVE ANY QUESTIONS OR CONCERNS
ABOUT THESE TERMS OF USE, PLEASE CONTACT ROAR AT info@roarforgood.com. IF, PRIOR TO ACCESSING, DOWNLOADING, INSTALLING, ACTIVATING OR USING ANY ROAR PRODUCTS AND SERVICES, YOU DECIDE YOU ARE UNWILLING TO AGREE TO THE TERMS OF THESE TERMS OF USE, DO NOT ACCESS OR USE ANY ROAR PRODUCTS AND SERVICES.

These Terms of Use provide the terms of use for the ROAR Products and Services. When using the ROAR Products and Services, you agree to abide by any applicable federal, state and local laws, posted guidelines or notices which may change from time to
time. ROAR may modify these Terms of Use at any time by posting the amended terms. Should you object to any term or condition of these Terms of Use, any guidelines, or any subsequent modifications thereto or become dissatisfied with the ROAR Products and Services in any way, your only recourse is to immediately discontinue use of the ROAR 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 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 Products and Services are a communication platform; ROAR Products and Services are not a replacement for 911and does 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 and do not rely on the ROAR Products and Services. Even if your mobile device and the App has connectivity, ROAR 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 Products and Services offered on the Site and you should stop using all ROAR Products and Services and exit the Site.

  1. YOUR INFORMATION. In connection with certain ROAR Products and Services, you may be asked to provide certain personal information, including third party contact information. The information you provide to ROAR is retained by ROAR and is governed by our Privacy Policy, accessible at http://www.roarforgood.com/privacy-policy. By using the ROAR Products and Services or by agreeing to the terms of these Terms of Use, you agree to the terms and conditions of ROAR’s Privacy Policy, which are specifically incorporated herein. Information by which you are personally identifiable (such as your name, photo, and email address) is used by ROAR, our monitoring partners, our service providers, contacts you provide to us, first responder agencies (e.g., police, fire & EMS) and other trusted third parties in accordance with our Privacy Policy. Information by which you are not personally identifiable (such as your age, gender, and location) may be shared with retailers and businesses for the purposes of in-application advertising. You are responsible for keeping any applicable mobile device safe and secure and out of the reach of others and by using the ROAR Products and Services, you agree that you assume the risk that any information you disclose may be viewed on your mobile device.(a) DESIGNATED RECIPIENTS. You, for yourself and as the authorized agent of your family, guests, agents, servants, representatives and employees, or any third parties designated as recipients of your communications (individually and collectively, “Designated Recipient”), hereby consent to Company intercepting, recording, retrieving, reviewing, copying, using and, subject to Company’s Privacy Policy, disclosing the contents of all telephone, video, wire, oral, electronic and other forms of transmission or communication to which Company and you or Designated Recipient are parties.
  2.  ELIGIBILITY. The ROAR Products and Services are available only to individuals who are at least 13 years old and (i) have otherwise achieved the age of majority in the applicable jurisdiction so as to be able to legally enter into these Terms of Use or (ii) whose parent or legal guardian, who is lawfully entitled to give consent on such individual’s behalf, has entered into these Terms of Use and any applicable Additional Service Term on such individual’s behalf. ROAR does not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information from our applicable database. If you believe we have any information from or about a child under 13, or if you are aware of a user under the age of 13 using the ROAR Products and Services directly, rather than through a parent or guardian, please contact us at info@roarforgood.com. By using the ROAR Products and Services, you represent and warrant that if you are an individual, you are of legal age to form a binding contract (or your parent or legal guardian has provided verifiable consent as described above), and that all registration and other information you submit or provide to ROAR is accurate and truthful. ROAR may, in its sole discretion, refuse to offer the ROAR Products and Services to any person or entity and change its eligibility criteria at any time.
  3. ROAR ACCOUNT. Your ROAR account, as applicable, gives you access to certain ROAR 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 immediately of any breach of security or unauthorized use of your account. ROAR will not be liable for any losses caused by any unauthorized use of your account.
  4. LICENSE AND INTELLECTUAL PROPERTY RIGHTS.
    (a) Subject to the terms and conditions of these Terms of Service, ROAR grants you a revocable, non-exclusive, non-transferable, non-licensable, non-commercial, limited license, during the Term, to use the ROAR Products and Services and, when available, to download, install, and use the App on any appropriate Mobile Device that you own or control, solely by you. You may not copy, reproduce or distribute the App. You will not sell, rent, lease, or transfer, or attempt to sell, rent, lease, or transfer, the App, Devices, or any right to access or use the Service.(b) ROAR owns or licenses all intellectual property rights in, to and associated with the ROAR Products and Services (including, without limitation, the App, Devices and Site, and by your use, you do not acquire any intellectual property right therein.Copyright © 2017, ROAR for Good, Inc. ALL RIGHTS RESERVED. All software used as part of the ROAR Products and Services is the property of ROAR or its software suppliers and protected by United States and international copyright and other laws. You agree not to change or delete any proprietary notices from materials printed or downloaded from the ROAR Products and Services.Any rights not expressly granted in these Terms of Use are hereby reserved by ROAR.(c) The App may include functionality to automatically check for updates or upgrades to the App. You hereby agree that ROAR may make such updates or upgrades available to you from time-to-time, in its sole discretion, at any time, and without additional notice to you. These Terms of Service will govern any upgrade provided by ROAR that replaces and/or supplements the original App (or any component thereof), unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
  5. TERRITORY. The ROAR Products and Services are intended for use only in the United States (the “Territory”). ROAR does not warrant that use of the ROAR Products and Services is legal or that the ROAR Products and Services will operate outside the Territory. ROAR may change the Territory at any time by updating these Terms of Use.
  6. TERM. These Terms of Use shall be effective upon your use and access of ROAR Products and Services (as described in the preamble above) and shall continue in effect unless terminated in accordance with the provisions set out herein (the “Term”).
  7. LAWFUL USE OF ROAR PRODUCTS AND SERVICES: You acknowledge that you are aware of, and will adhere to all federal, state, local, national or international laws applicable to the use of the ROAR Products and Services. You understand that Users may have the ability to transmit and receive messages, communications, information and data including photos, videos, location information, audio, emergency alerts or responses (“Content”) via the ROAR Products and Services. You, and not Company, are solely responsible for all Content that you transmit or receive via the ROAR Products and Services. You understand that all Content transmitted through, or linked from the ROAR Products and Services, is the sole responsibility of the person from whom such Content originated. You understand that Company may retain all related information for a period of at least one year, unless otherwise compelled to delete it by a court of law. You understand that Company does not control or endorse, and is not responsible for Content made available through the ROAR Products and Services, and that by using the ROAR Products and Services, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, illegal or otherwise objectionable. You acknowledge that Company does not pre-screen or approve Content, but that Company shall have the right (but not the obligation) in its sole discretion to refuse, review, delete or move any Content that is available via the ROAR Products and Services, for violating the letter or spirit of these Terms of Use or for any other reason. Under no circumstances will Company be liable in any way for any Content, including, but not limited to, errors or omissions of any Content, violations of law through the use of the ROAR Products and Services, loss or damage of any kind incurred as a result of the use of any Content made available to you via the ROAR Products and Services.
    You specifically agree not to use the ROAR Products and Services to:

    A. 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 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 Products and Services or servers or networks connected to the ROAR Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the ROAR 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.

  8. USER CONTENT LICENSE GRANT. By posting any Content on the ROAR Products and Services, you expressly grant to Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, transmit, publicly perform, publicly display, and make derivative works of all such Content and your name, voice, and/or likeness as contained in your Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the ROAR Products and Services. You also represent and warrant that you (a) own or otherwise control all rights to all Content, or that the Content is in the public domain, (b) have the permission to use and permit Company to use the name and likeness of each identifiable individual person in such Content, and to use such individual’s identifying or personal information as contemplated by these Terms of Use, (c) are authorized to grant all of the aforementioned rights to the Content to ROAR.
  9. THIRD PARTY WEB LINKS. The ROAR 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’s control, and you acknowledge that ROAR 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 or any association with its operators. You further acknowledge and agree that ROAR 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.
  10. NOTIFICATIONS. You agree that certain ROAR 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 Products and Services or by email, to provide you with information regarding or related to the ROAR Products and Services. You understand that the technical processing and transmission of the ROAR 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.
  11. IDEAS AND SUGGESTIONS. ROAR wishes to continually improve and expand the ROAR Products and Services. ROAR welcomes any ideas, suggestions, or feedback, related to the ROAR Products and Services or for upgrades, updates, improvements, new features or functions thereto (“Ideas”). If you provide ROAR 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. You shall not provide ROAR with any Ideas that are subject to third party intellectual property rights or that include or reveal any confidential information of any third party.
  12. TELECOMMUNICATIONS SERVICES. ROAR 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 Products and Services. Some of our ROAR Products and Services are available on mobile devices. Using some of our ROAR 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 Products and Services.
  13. CONFIDENTIALITY. You agree that the ROAR Products and Services were developed at considerable time and expense by ROAR and are confidential to and contain trade-secrets of ROAR. Except to the extent that ROAR is expressly precluded by law from prohibiting these activities, you shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms from any part of the ROAR Products and Services; (ii) modify, translate, or otherwise create derivative works of any part of the ROAR Products and Services; or (iii) disclose any confidential or proprietary information related to the ROAR Products and Services, including, without limitation, any Ideas, to any third party. You shall abide by all applicable local, provincial, state, national and international laws and regulations.
  14. CLOSING YOUR ACCOUNT. You may cancel your ROAR account at any time. To cancel your account, email info@roarforgood.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.
  15. TERMINATION AND ROAR PRODUCTS AND SERVICES SUSPENSIONS. If you breach any provision of these Terms of Use, these Terms of Use shall automatically and immediately terminate, and ROAR may provide you with a notice of termination. ROAR may terminate these Terms of Use at any time and for any or no reason upon notice of termination. ROAR shall not have any liability to you arising from or related to the termination of these Terms of Use in accordance with this section. Upon termination of these Terms of Use, you will cease all use of the ROAR Products and Services and permanently delete all copies of any related software in your possession or control. ROAR may also temporarily suspend the ROAR Products and Services to you, in whole or in part, where required by law, in the case of security violations or threats, for ROAR Products and Services maintenance or repair, or for any other reasons deemed necessary or desirable by ROAR.
  16. INDEMNIFICATION. You shall defend, indemnify, and hold ROAR, ROAR’s affiliates and its and their respective officers, employees, directors, agents and subcontractors (“ROAR Representatives”) harmless from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the ROAR Products and Services (including, without limitation, false 911 or other emergency calls and false reporting of criminal activity); (ii) any use or misuse of, or access to, the ROAR Products and Services related to your account (even if such use or access involves a third party); (iii) any Content or data you transmit or receive; (iv) your violation of any third-party right, including, without limitation, any privacy or intellectual property right, and any tortious acts against a third party (including, without limitation, defamation); or (v) your breach of any term, including, without limitation, any representations or warranties, of these Terms of Use, whether such liabilities, claims, and expenses are due to the sole, joint or several negligence (including gross negligence) of ROAR Representatives, breach of contract, express or implied, breach of warranty, express or implied, product or strict liability, and/or any claim for contribution or indemnification, whether in contract, tort or equity.
  17. NO WARRANTY.

    EXCEPT AS EXPRESSLY PROVIDED IN THE “PRODUCT WARRANTY” SECTION BELOW, THE ROAR PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE ROAR PRODUCTS AND SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ROAR 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 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 PRODUCTS AND SERVICES IS ACCURATE, RELIABLE OR CORRECT; THAT THE ROAR PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE ROAR PRODUCTS AND SERVICES WILL PROTECT YOU OR HELP YOU IN ANY DANGEROUS, EMERGENCY OR OTHER SITUATION; THAT THE ROAR 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 PRODUCTS AND SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ROAR 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 PRODUCTS AND SERVICES. ANY USE OF THE ROAR 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.

  18. LIMITATION OF LIABILITY.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, RESELLERS, INCLUDING APPLICABLE THIRD PARTY APP STORES, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR INJURY OR DEATH, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE ROAR PRODUCTS AND SERVICES. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE ROAR PRODUCTS AND SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR OPERATION OF THE ROAR PRODUCTS AND SERVICES; (II) DEATH, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO USE, THE ROAR PRODUCTS AND SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE ROAR PRODUCTS AND SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE ROAR PRODUCTS AND SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY DISCLOSURES OF CONTENT OR OTHER DATA ARISING FROM YOUR USE OF THE SERVICE OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, DISCLOSED, OR OTHERWISE MADE AVAILABLE BY, THROUGH OR IN RELATION TO THE ROAR PRODUCTS AND SERVICES; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU IN THE AGGREGATE FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $100.00.

    THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE

    POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

    SOME STATES MAY PROHIBIT OR LIMIT DISCLAIMERS OF WARRANTIES OR LIMITATIONS OF LIABILITY. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS OF USE WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

  19. EXPORT AND PRIVACY LAW. The ROAR Products and Services are controlled and operated from facilities in the United States. ROAR makes no representations that the ROAR Products and Services are appropriate or available for use in other locations. Those who access or use the ROAR 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 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 Products and Services are solely directed to individuals, companies, or other entities located in the United States.
  20. ASSIGNMENT. ROAR may assign these Terms of Use without notice to you. You shall not assign these Terms of Use without the prior written consent of ROAR, and any assignment without ROAR’s prior written consent shall be of no effect. ROAR may perform all obligations under these Terms of Use directly or may have some or all obligations performed by its contractor or subcontractors or its affiliates.
  21. JURISDICTION; DISPUTE RESOLUTION; ARBITRATION.PLEASE READ CAREFULLY. THE FOLLOWING AFFECTS YOUR RIGHTS AND YOUR ABILITY TO BRING SUIT IN A COURT OF LAW

    A. 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).

    B. 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 PRODUCTS AND SERVICES OR ANY OTHER PRODUCTS OR ROAR PRODUCTS AND SERVICES PROVIDED BY ROAR, 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 3401 MARKET STREET, SUITE 200, PHILADELPHIA, PA 19104 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

    INFORMA TION.

    C. 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 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 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.

    D. Should a dispute arise between you and ROAR 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.

  22. CHANGES TO AGREEMENT. ROAR may, in its sole discretion, modify or update these Terms of Use from time to time, and so you should review this page periodically. If we make material changes to these Terms of Use, we will post the new Terms of Use on this page with a notice that the terms have been updated and we may, in our sole discretion, notify you by e-mail and/or text message to the primary e-mail address and/or phone number specified in your account or by an in-App alert. When we change these Terms of Use in a material manner, we will update the ‘last updated’ date at the top of this page. Your continued use of the ROAR Products and Services after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to use or access) any ROAR Products and Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  23. ENTIRE AGREEMENT. These Terms of Use and any applicable Additional Service Term constitute the entire agreement with respect to the subject matter hereof and there are no provisions, understandings, communications, representations, warranties, undertakings, collateral agreements or agreements relating to the ROAR Products and Services other than as set out in these Terms of Use or any applicable Additional Service Term. These Terms of Use supersede any prior oral or written agreements. In the event of any conflict between these Terms of Use and an applicable Additional Service Term, the provisions of the Additional Service Term shall control, unless stated otherwise therein. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.
  24. PRE-ORDERS; REFUNDS; RETURNS.

    Roar is currently accepting pre-orders for the Athena Device (the “Product”). As part of the pre-order process, our credit card processor will charge the credit card you
    provide. However, we do not guarantee that any pre-order will be fulfilled. If we are unable to fill your order, we will promptly issue you a refund.

    The following returns policy is valid only for a Product purchased from our online store.

    If you’re not completely satisfied with your purchase for any reason, simply contact ROAR 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 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.

    Refunds will be processed and paid within 2 weeks of our receipt of the validly returned Product.

  25. PRODUCT WARRANTY

    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 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’s sole and exclusive responsibility under this warranty, if a hardware defect arises and a valid claim is received by ROAR within the Warranty Period, at its option and to the extent permitted by law, ROAR 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 to obtain a Return Material Authorization (“RMA”) and return the defective Product together with proof of purchase to the address specified by ROAR 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. ROAR 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. The Limited Warranty does not apply to any (a) ROAR 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 or if the Product is inserted or installed in a casing not provided by ROAR. 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 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. Recovery and reinstallation of software programs and user data are not covered under this Limited Warranty.

    No ROAR 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. 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.

  26. CONTACT. Please contact us at hi@roarforgood.com with any questions regarding these Terms of Use.