Terms of Sale
DATE OF LAST UPDATE: APRIL 12, 2016
ORDERING FROM THE REVOLAR STORE
By placing an order through the Revolar Store, you agree that: (i) any credit card information supplied by you is true and complete; and (ii) you will pay the applicable price listed, as well as any shipping and handling charges and applicable taxes. Products purchased by you are for personal or gift use and not for commercial use.
Revolar can withdraw Products from the Revolar Store at any time and for any reason. Prices listed through the Revolar Store are stated in U.S. dollars, and do not include any shipping and handling charges or applicable taxes, which charges and taxes will be communicated to you at the time you place an order and you are responsible for paying such charges and taxes to Revolar (provided that Revolar may offer free or reduced cost shipping from time to time on a promotional basis or otherwise, all in Revolar’s discretion). You agree to indemnify and hold Revolar harmless from and against any liabilities, interest, penalties or fees assessed against Revolar arising from your failure to pay any such charges or taxes. All Product prices are subject to change at any time.
ACCEPTANCE AND FULFILLMENT
All orders are subject to acceptance by Revolar. After you place an order, you will receive an email from Revolar confirming that Revolar has received it. Acceptance of your order will occur upon your receipt of another email from Revolar containing a shipping confirmation, tracking number and carrier information. If an order is on back order, we’ll send you an email indicating that this is the case, followed by another email when the items in question are in stock containing a shipping confirmation, tracking number and carrier information. Revolar reserves the right not to accept your order for any reason or no reason. Revolar reserves the right to restrict multiple quantities of a Product being shipped to any one customer or postal address.
Purchases made through the Revolar Store are intended for end users only, and are not authorized for resale.
SHIPPING AND DELIVERY
Revolar will pack the Products in accordance with its standard practices. You can choose the method of shipment and timing of delivery for Products ordered, and will be charged shipping and handling charges accordingly. Title to the Products (except to the extent that the Products consist of Software) and risk of loss will pass to you upon Revolar’s delivery of the Products to the carrier. You acknowledge that all scheduled shipment dates are estimates only. Revolar will make reasonable efforts to meet the scheduled shipment dates, but in no event will Revolar be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery.
LIMITED PRODUCT WARRANTY
Revolar warrants to the original purchaser that your Product shall be free from defects in materials and workmanship in accordance with the Revolar Warranty relating to such Product. This Warranty, including the limitations of liability therein, and all other provisions thereof, is incorporated herein by reference. You should note that the Revolar Warranty includes an Agreement to Arbitrate that is also incorporated herein by reference and you specifically agree to the provisions thereof as part of these Terms of Sale.
You acknowledge that you have verified the compatibility of the Products you are purchasing with other required equipment (e.g., ensuring that your mobile device and/or operating system is compatible with the Product). You are solely responsible for determining the compatibility of the Products with other equipment, and you accept that lack of compatibility is not a valid claim under the warranty provided with your Products and does not otherwise constitute a basis for receiving a refund after the 45-day refund policy identified above.
LIMITATIONS ON LIABILITY
IN NO EVENT WILL REVOLAR BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, USE, PROFITS, DATA, OR GOODWILL) OR COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS OF SALE OR THE PURCHASE, SALE, USE, OPERATION OR PERFORMANCE OF THE PRODUCTS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WHETHER OR NOT REVOLAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. REVOLAR AND YOU HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF SALE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL REVOLAR’S LIABILITY TO YOU ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS OF SALE, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, EXCEED THE ACTUAL AMOUNT PAID TO REVOLAR BY YOU FOR THE PRODUCT THAT GIVES RISE TO THE CLAIM. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Revolar grants to you a nonexclusive, nontransferable license to use the Software, in executable form, solely as embedded in the Products, solely for your internal, non-commercial use. You may not copy or modify the Software. You acknowledge that the Software contains trade secrets of Revolar, and, in order to protect such trade secrets, you agree not to disassemble, decompile or reverse engineer the Software nor permit any third party to do so, except to the extent such restrictions are prohibited by law. Revolar reserves all rights and licenses in and to the Software not expressly granted to you under this Agreement.
GOVERNING LAW AND DISPUTE RESOLUTION
You agree that any dispute between you and Revolar arising out of or relating to these Terms of Sale, or any other Revolar products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined in the Revolar Warranty, which procedure is incorporated herein by reference.
As provided in the Revolar Warranty, these Terms of Sale and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Colorado without regard to its conflict of laws principles.
The parties disclaim application of the United Nations Convention on Contracts for the International Sale of Goods.
You may not assign or transfer these Terms of Sale, or any order accepted by Revolar hereunder, in whole or in part, by operation of law or otherwise, without Revolar’s express prior written consent. Any attempt to do so, without Revolar’s consent, will be null and of no effect. Revolar may freely assign these Terms of Sale.
Revolar will not be responsible for any failure or delay in its performance under these Terms of Sale due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, war, terrorism, riot, or acts of God.
The failure by Revolar to enforce any provision of these Terms of Sale will not constitute a waiver of future enforcement of that or any other provision. If for any reason a court of competent jurisdiction finds any provision of these Terms of Sale invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Sale will remain in full force and effect.
These Terms of Sale constitute the complete and exclusive agreement between Revolar and you regarding its subject matter and supersedes all prior or contemporaneous quotations, agreements, communications or understandings, whether written or oral, relating to its subject matter. Any waiver, modification or amendment of any provision of these Terms of Sale will be effective only if in writing and signed by duly authorized representatives of each party.
You will not export or re-export, directly or indirectly, the Products, or any technical information related thereto, or any direct products thereof, to any destination or person prohibited or restricted by the export control laws and regulations of the United States, without the prior authorization from the appropriate governmental authorities.
All notices required or permitted to be given under these Terms of Sale will be in writing and will be deemed given: (i) upon actual delivery, if made by personal service; (ii) three (3) days after mailing, if made by U.S. certified or registered mail; and (iii) one (1) business day after delivery to the courier or overnight delivery service, if made by courier or overnight delivery service. All notices will be addressed to such address as the party who is to receive the notice so designates by written notice to the other.
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.