DATE OF LAST UPDATE: November 11, 2016
For your purchases on Revolar.com, Revolar offers:
If you are unsatisfied with your Product purchased on Revolar.com for any reason, you have 45 days from the date of purchase to request a full refund. To qualify for a refund, all the following conditions must be met:
- You must return the Product to Revolar (contact firstname.lastname@example.org for the address and other details relating to this return).
- Returned product(s) must be in good physical condition (not physically broken or damaged).
- All accessories originally included with your purchase must be included with your return.
Additional terms and conditions:
- Products ordered in November and December can be returned through January 31 of the following year (or 45 days – whichever is longer).
- Shipping and handling charges, gift wrap fees, and taxes paid (e.g., state, customs, VAT) are not refundable.
- You are responsible for and must prepay all shipping charges and you shall assume all risk of loss or damage to the Product while in transit to Revolar.
- If you return Product to Revolar without all parts included in the original package or not in good physical condition, Revolar retains the right to either refuse delivery of such return or charge you a restocking fee of 15% of the original price of the product or the retail value of the missing or damaged accessories, whichever is higher.
- If you purchased your Revolar product from a retailer or on a website other than revolar.com, Revolar will not accept your return and you need to contact your seller regarding their return policy.
Revolar Inc., and its affiliated companies worldwide (“Revolar”), warrants our Revolar products against defects in material or workmanship for a period of one year from the original date of purchase of the product by a consumer (the “Warranty Period”). If a material or workmanship defect arises with regard to any Revolar product, and a valid claim is received within the Warranty Period, Revolar will (i) repair the Revolar product using new or refurbished parts or (ii) replace the Revolar product with a new or refurbished Revolar product. For purposes of this limited warranty, “refurbished” means a product or part that has been substantially returned to its original specifications.
This Limited Warranty is your sole and exclusive remedy for any breach by Revolar of this limited warranty, and Revolar’s sole and entire liability for such breach, is, at Revolar’s option, to repair or replace the defective product or, if the warranty claim is submitted during the first forty-five (45) calendar days of the Warranty Period, refund the purchase price of the defective product. Revolar reserves the right to send you a replacement product that is the same or of a similar style to the product you returned under the limited warranty or a substitute equivalent to your original product that may not be of like kind (depending on availability). Replacement products will be furnished only on an exchange basis. Replacement or repaired products are warranted as above only for the remainder of the original applicable Warranty Period.
ACKNOWLEDGMENT OF REQUIREMENTS FOR REVOLAR PRODUCTS TO PROPERLY FUNCTION
YOU UNDERSTAND AND AGREE THAT, TO FUNCTION PROPERLY, YOUR REVOLAR DEVICE MUST MEET THE FOLLOWING REQUIREMENTS: IT MUST BE EFFECTIVELY PAIRED WITH A QUALIFYING SMARTPHONE OPERATING ON IOS 9 OR LATER, OR ANDROID 4.4 OR LATER. THERE IS A 1:1 PHONE TO REVOLAR DEVICE RELATIONSHIP, MEANING YOU CAN’T PAIR MORE THAN ONE DEVICE TO A SINGLE PHONE, OR A SINGLE DEVICE TO MULTIPLE PHONES. THE REVOLAR DEVICE MUST BE WITHIN BLUETOOTH® RANGE OF THE PAIRED SMARTPHONE. THE REVOLAR USER MUST DOWNLOAD THE REVOLAR APP AND FULLY COMPLETE THE ACCOUNT SETUP PROCESS ON THE QUALIFYING SMARTPHONE — THIS INCLUDES HAVING SET UP AT LEAST ONE, AND UP TO FIVE, REVOLAR CONTACTS PER ALERT LEVEL (YELLOW AND RED). THE QUALIFYING SMARTPHONE MUST BE RUNNING THE REVOLAR APP AT THE TIME AN ALERT IS SENT, AND THE APP MUST NOT BE DISABLED OR “KILLED.” THE QUALIFYING SMARTPHONE MUST HAVE GPS ENABLED IN ORDER TO USE THE “ACTIVE GPS” FUNCTIONALITY OF ALERTS. REVOLAR’S LOCATION SERVICES ARE AS ACCURATE AS YOUR PHONE’S GPS CAPABILITIES. THE SMARTPHONE MUST HAVE A DATA PLAN AND BE WITHIN A COVERAGE AREA PROVIDED BY THE USER’S SMARTPHONE CARRIER. COVERAGE IS DEFINED AS HAVING A TRUE INTERNET CONNECTION (CELLULAR OR WiFi). CELLULAR OR WiFi DATA AND BLUETOOTH SERVICES MUST BE ENABLED FOR THE SMARTPHONE AND FOR THE REVOLAR APP (EX. NOT IN AIRPLANE MODE OR OTHERWISE DISABLED, AND ALL PERMISSIONS MUST BE GRANTED TO THE REVOLAR APP). REVOLAR CONTACTS MUST ACCEPT THE USER’S INVITATION IN ORDER TO RECEIVE ALERTS. REVOLAR USERS AND ALERT CONTACTS SHOULD DISCUSS THE ACTION THAT CONTACTS SHOULD TAKE IN THE EVENT THAT THEY RECEIVE A YELLOW OR RED ALERT. THE USER CAN ENSURE THEIR REVOLAR DEVICE IS WORKING PROPERLY BY OPENING THE REVOLAR APP AND PRESSING THE REVOLAR DEVICE ONCE TO RUN A QUICK CHECK. IF AN “EVERYTHING IS OK” MESSAGE APPEARS IN THE APP, REVOLAR IS READY.
YOU ACKNOWLEDGE AND AGREE THAT REVOLAR SHALL HAVE NO LIABILITY WHATSOEVER (UNDER THIS LIMITED WARRANTY OR ANY THEORY OF LAW, EQUITY OR TORT) FOR ANY FAILURES RESULTING FROM ANY CONDITION WHERE THESE REQUIREMENTS FOR PROPER FUNCTIONING ARE NOT MET, OR NOT FULLY MET DURING ANY PERIOD OF TIME, INCLUDING BUT NOT LIMITED TO DURING THE INITIATION, CONTINUATION OR TERMINATION OF ANY REVOLAR ALERT. YOU ACKNOWLEDGE AND AGREE THAT IF YOU RELY ON ANY REVOLAR CONTENT OR THE REVOLAR SERVICE, YOU DO SO AT YOUR OWN RISK.
EXCLUSIONS AND LIMITATIONS
EXCEPT AS EXPRESSLY SET FORTH HEREIN, EACH REVOLAR PRODUCT IS PROVIDED SOLELY ON AN “AS IS” BASIS AND REVOLAR MAKES NO OTHER WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REVOLAR SPECIFICALLY DISCLAIMS AND EXCLUDES ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT. IF SUCH DISCLAIMER OF ANY IMPLIED WARRANTY IS NOT PERMITTED BY LAW, THE DURATION OF ANY SUCH IMPLIED WARRANTY IS LIMITED TO THE DURATION OF THE WARRANTY PERIOD OF THE LIMITED WARRANTY AS SET FORTH ABOVE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IF APPLICABLE LAW SPECIFIES A MINIMUM WARRANTY PERIOD THAT IS LONGER THAN THE WARRANTY PERIOD SET FORTH IN THE LIMITED WARRANTY, THEN THE WARRANTY PERIOD FOR REVOLAR PRODUCTS SUBJECT TO SUCH APPLICABLE LAW SHALL BE CONFORMED TO THE MINIMUM PERIOD SO REQUIRED. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
IN NO EVENT, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, SHALL REVOLAR, ITS DISTRIBUTORS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OF ANY NATURE WHATSOEVER, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE ANY REVOLAR PRODUCT OR SERVICE, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF VALUE OF THE REVOLAR PRODUCT OR ANY THIRD PARTY PRODUCTS THAT ARE USED WITH THE REVOLAR PRODUCT, OR LOSS OF USE OF THE REVOLAR PRODUCT OR ANY THIRD PARTY PRODUCTS THAT ARE USED WITH THE REVOLAR PRODUCT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF REVOLAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), THE ENTIRE AGGREGATE LIABILITY OF REVOLAR AND ANY OF ITS DISTRIBUTORS AND/OR SUPPLIERS SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE REVOLAR PRODUCT GIVING RISE TO LIABILITY. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
FOR END USERS WHO ARE COVERED BY AN APPLICABLE CONSUMER PROTECTION LAW OR REGULATION IN THEIR JURISDICTION OF PURCHASE OR RESIDENCE, THE BENEFITS TO THE END USER UNDER THIS LIMITED WARRANTY ARE IN ADDITION TO OTHER RIGHTS AND REMEDIES OF THE END USER UNDER SUCH LAWS OR REGULATIONS. SUCH BENEFITS MAY INCLUDE ADDITIONAL WARRANTIES OR RIGHTS RELATING TO THE PERFORMANCE OF THIS PRODUCT AND REMEDIES APPLICABLE IN THE EVENT OF A DEFECT. THIS LIMITED WARRANTY WILL BE INTERPRETED UNDER THE LAWS OR REGULATIONS THAT APPLY TO THE END USER IN ANY STATE, PROVINCE OR COUNTRY AND ANY PROVISION OF THIS LIMITED WARRANTY THAT CONFLICTS WITH ANY SUCH END USER RIGHTS OR BENEFITS IS NOT APPLICABLE TO END USERS COVERED BY SUCH LAW OR REGULATION, SO THE EXCLUSIONS AND LIMITATIONS SET OUT IN THIS LIMITED WARRANTY MAY NOT APPLY, OR MAY NOT FULLY APPLY, TO YOU.
FURTHER EXCLUSIONS AND LIMITATIONS; REVOLAR IS NOT AN INSURER.
YOU AGREE THAT REVOLAR IS NOT AN INSURER OF YOUR PROPERTY OR THE PERSONAL SAFETY OF PERSONS USING A REVOLAR PRODUCT, THEIR REVOLAR CONTACTS, OR THOSE AROUND ANY SUCH PERSON. THE PRICE REVOLAR CHARGES FOR A REVOLAR DEVICE AND/OR ANY ASSOCIATED SERVICES REFLECT THE VALUE OF THE GOODS AND/OR SERVICES WE PROVIDE AND NOT THE VALUE OF YOUR PREMISES OR ITS CONTENTS OR ANY LOSSES ASSOCIATED WITH PERSONAL INJURY OR DEATH. INSURANCE, IF ANY, COVERING PERSONAL INJURY AND PROPERTY LOSS OR DAMAGE ON THE PERSON OR PREMISES OR ANY PERSON SHALL BE OBTAINED BY SUCH PERSON FROM A THIRD PARTY.
WARRANTY CLAIM PROCESS REQUIREMENTS
When requesting a warranty replacement, we will require proof that the claim is valid. In this regard, we may ask you to, for example, send a photograph of your damaged device, return your product to us for warranty coverage verification, send a photograph of your receipt for the purchase of the product, or provide such other proof to allow us to determine the validity of warranty coverage on your claim.
ARBITRATION: Read The Following Arbitration Provision (“Provision”) Carefully. It Limits Certain Of Your Rights, Including Your Right To Obtain Relief or Damages Through Court Action. This Arbitration Provision does not apply to you if you reside outside the United States.
You agree that any and all disputes (other than those described in the “Exceptions to Agreement to Arbitrate” section below) relating to your purchase or use of a Revolar product and/or service, or the use by any of your Revolar contacts of any alert issued from your Revolar product and/or through any Revolar service, shall be subject to and settled exclusively by arbitration (“Arbitration”). To begin Arbitration, either you or Revolar must make a written demand to the other party for arbitration for the applicable claim (“Claim”). The Arbitration will take place before a single arbitrator. It will be administered in keeping with the Expedited Procedures of the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”) in effect when the Claim is filed. You may get a copy of these AAA’s Rules by visiting www.adr.org. The filing fees to begin and carry out arbitration will be shared equally between you and Revolar. This does not prohibit the arbitrator from giving the winning party their fees and expenses of the arbitration. Unless you and Revolar agree, the arbitration will take place in the county and state where you live. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern and not any state law on arbitration. YOU AGREE AND UNDERSTAND THAT this arbitration provision means that you give up your right to go to court on any Claim covered by this provision. You also agree that any arbitration proceeding will only consider your Claim. Claims by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering your Claims. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed under our agreement. THE DEGREE TO WHICH ARBITRATION CAN BE USED AS A DISPUTE RESOLUTION PROCESS FOR CONSUMER CLAIMS VARIES FROM STATE TO STATE, SO THIS ARBITRATION PROVISION MAY NOT APPLY TO YOU, DEPENDING ON YOUR STATE OF RESIDENCE.
In the event this Arbitration provision is not approved by the appropriate state regulatory agency, and/or is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, you and Revolar specifically agree to waive and forever give up the right to a trial by jury. Instead, in the event any litigation arises between you and Revolar, any such lawsuit will be tried before a judge, and a jury will not be impaneled or struck. Further, you and Revolar agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Denver, Colorado. Both you and Revolar consent to venue and personal jurisdiction there, and service of process through first-class or overnight mail.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Revolar products or services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
Exceptions to Agreement to Arbitrate: Notwithstanding the above Arbitration provision, either you or Revolar may assert claims, if they qualify, in small claims court in Denver, Colorado or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Revolar products or services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration.
- This product is not intended for children age six (6) and younger.
- This product must be paired with a compatible smartphone. The compatible smartphone must have a data plan and have a data connection through cellular service or WiFi in order for alerts to be sent to Revolar contacts. Compatible smartphones operate on iOS 9.0 or later, or Android™ 4.4 or later. View the full list.
- The actual performance of the product is subject to limitations caused by atmospheric or topographical conditions or other causes.
- Revolar does not currently call 911 or any other emergency service when a user initiates an alert and neither 911 nor any other emergency service can or should be listed as one of the user’s Revolar contacts.
- In order to maintain this Revolar device’s IP68 dust- and water-resistance rating, the O-ring beneath the device’s battery must be flush with the corresponding groove.
- Do not dispose of this product with ordinary garbage. When disposing of this product, follow the rules and regulations of your area.