Effective Date: These Terms of Use are effective and were last updated as of 8/22/23
Please carefully read these Terms of Use(“Terms”), including the mandatory arbitration provision, which requires that disputes are resolved by final and binding arbitration on an individual and not a class-wide or consolidated basis.
These Terms constitute a binding agreement between you and Revolution Global Health, Inc. (“Revolution Global,” “we,” or “us”) governing your use of RevCanna.com and any other websites, applications, features or services that post these Terms of Use (collectively, the “Services”). If you are accessing or using the Services as the authorized user of a company with which we have a commercial relationship, your agreement to these Terms is agreement on behalf of both yourself individually and your employer, and any reference to you herein includes both you and your employer. In addition, your use may be subject to the terms of a contract between us.
Note that Enlightened and Revolution dispensaries (each, a “Dispensary), with whom you may be able to interact via the Services, are independently owned and utilize Revolution Global’s platform for website and store management through a contractual relationship with us or one of our affiliated companies. Dispensaries are included in the meaning of Services for purposes of these Terms of Use. When you interact with the Services, the information collected, used, shared, and otherwise processed is owned and controlled by Revolution Global.
In addition, certain of the Services are governed by additional, service-specific terms (collectively, the “Supplemental Terms”), such as loyalty program terms, text message terms, and purchase terms. The Supplemental Terms are incorporated into these Terms by reference. To the extent there is a conflict between these Terms and any applicable Supplemental Terms, the Supplemental Terms will control with respect to the correspondingService. By accessing or using any part of the Services, you signify your agreement to these Terms and any applicable Supplemental Terms. Your use of the Services is also governed by our Privacy Policy. If you do not agree to these Terms, any applicable Supplemental Terms, or our Privacy Policy, you may not access or use any part of the Services.
Table of Contents
1. Account Registration
2. No Medical Advice/Accuracy and Completeness of Information
3. Territorial Restrictions
4. Intellectual Property
5. User Conduct
6. Investigations
7. Sweepstakes, Contests, and Promotions
8. Third Party Content, Links, and Applications
9. Indemnification
10. Suspension and Termination
11. Disclaimer of Warranties
12. Limitation of Liability
13. Dispute Resolution
14. Mobile
15. App Stores
16. Governing Law and Venue
17. Changes to Terms
18. Changes to Services
19. General
20. Contact Us
1. Account Registration
To access some features or areas of the Services, you maybe required to create an account (“User Account”) with us or with a third party that operates that portion of the Services. If you create an account with such a third party, their terms of use and privacy policy may apply to your use of the account in addition to these Terms and our Privacy Policy.
You must be at least 21 years of age to register for a User Account, and by registering you represent and warrant that you are eligible for a User Account under this provision. If you are accessing the Services as an employee of a company with whom we have a commercial relationship, you agree and warrant that you have the legal right, power, and authority to accept the Terms on your own behalf and on behalf of any company that employs you or that you represent.
When creating an account, you agree that all account registration information, including any documentation such as your state-issued identification and medical card, you submit will be your own, true, and accurate. We reserve the right to refuse account registration for any reason or no reason.
You are responsible for maintaining the confidentiality of your password. You agree to notify us immediately, as set forth in the Contact Us section below, of any unauthorized use of your account and agree that we are not liable for any loss or damage arising from your failure to safeguard your password. To the fullest extent allowed by law, all activity conducted in connection with your User Account will be your responsibility.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in any account stored or hosted on the Service, and you further acknowledge and agree that all rights in and to such accounts are and shall forever be owned by and inure to the benefit of Revolution Global. You may not transfer, share, or make available your account information to others. Any distribution by you of your account information may result in suspension, termination or cancellation of your access to the Service.
You are solely responsible for any and all costs and expenses related to your use of the Services and Content.
2. No Medical Advice/Accuracy and Completeness of Information
The information, including but not limited to text, graphics, images and other material contained on the Services, are for informational purposes only and may become out of date over time. No material on the Services is intended to be a substitute for professional medical advice, diagnosis, or treatment, and Revolution Global is not responsible for any physical, emotional, or property damage resulting from the use or misuse of such material, nor is Revolution Global responsible for the accuracy, reliability, effectiveness, or correct use of any such material.
Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition or treatment and before undertaking a new health care regimen, and never disregard professional medical advice or delay or avoid seeking it because of something you have read on the Services.
3. Territorial Restrictions
Revolution Global is based in the United States. The Services and the products described and/or offered through the Services are subject to legal regulation, and are not legal in some U.S. states and in some other countries. Therefore, the Services and our products are intended only for users in locations where they are legal, and we will comply with applicable legal regulations at all times.
We reserve the right to limit the availability of the Services and/or the provision of any content, service, or other feature described or available at the Services to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, service, or other feature that we provide, including without limitation quantities of products for sale. Anyone using or accessing the Services does so on their own initiative and is solely responsible for their own compliance with applicable laws regarding the use of the Services and products. You agree to comply with all rules, laws, and regulations that are applicable to your use of the Services and the products.
4. Intellectual Property
a. Revolution Global Ownership
Except with respect to User Content (defined below),Revolution Global, its licensors, or suppliers own all rights, title and interest in and to all other content, software (including source code), logos, icons, the Services’ “look and feel,” text, graphics, images, videoclips, sound clips, notices, data, page layout, selection and arrangement of the content of the Services, the features and functionality of the Services, and any compilation of the foregoing, and all copyrights, trademarks, patents, trade secrets, and other intellectual property rights embodied therein, whether or not applied for or registered (collectively, “Revolution Global Content”). The Revolution Global Content and the User Content is collectively referred to in these Terms as “Content.”
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, app, or other service, orin any way exploit any of the Revolution Global Content, in whole or in part, except as set forth in these Terms or applicable Supplemental Terms, without the specific permission of Revolution Global or, as applicable, its licensors or suppliers.
Revolution Global and its licensors and suppliers reserve all rights not expressly granted in and to the Revolution Global Content. Any third party trademarks or content present within the Services are property of their respective owners. You may not use Revolution Global Content in a manner that suggests an association with Revolution Global, a Dispensary, or any of our or its respective products, services, or brands.
b. Our License to You
Subject to your compliance with these Terms and any applicable Supplemental Terms, we grant you a limited, revocable, non-exclusive, nontransferable license to:
i. access and use the Services (1) if you are a consumer, then solely for your personal, non-commercial use; or (2) if you are accessing the Services as an employee of a company with which we have a contract, then solely for purposes consistent with such contract;
ii. link to the Services, provided however, that your or any third party website, app, or other service that links to the Services (1) must be targeted to consumers 21 years of age and older; (2) must not contain or facilitate the sale of cannabis online; (3) must not provide medical information or medical claims, including without limitation pharmaceutical information and claims, or be affiliated with any medical or pharmaceutical provider; (4) must not frame or create a browser or border environment around any of the Revolution Global Content or otherwise mirror any part of the Services; (5) must not imply that Revolution Global is endorsing or sponsoring it or its products or services, unless Revolution Global has given it prior written consent; (6) must not present false information about, or disparage, tarnish, or otherwise, in our sole opinion, harm Revolution Global or the Services; (7) must not use any Revolution Global trademarks without the prior written permission from us; (8) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in our sole opinion); (9) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to theseTerms; and (10) must comply with all applicable laws and regulations and not cause Revolution Global to violate any applicable laws or regulations, such as those prohibiting the advertising of our products or services to persons younger than 21 years of age or residents of states where our products and services may not be legalized. By linking to the Services, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, Revolution Global reserves the right to prohibit linking to the Services for any reason in our sole and absolute discretion even if the linking complies with the requirements described above.
The foregoing license does not include any right to modify, publish, participate in the transfer or sale of, reproduction, or creation of derivative works from the Revolution Global Content, except as and only to the extent expressly stated above.
We reserve any and all rights not expressly granted to you pursuant to these Terms.
c. User Content
You may have the opportunity to publish, transmit, or otherwise make available (collectively, “Post”) through the Services certain content, including reviews, comments, and other material or information (collectively, “User Content”). You are solely responsible for the User Content that you Post on or through the Services. You acknowledge that other users of the Services, and not Revolution Global, are similarly responsible for all User Content they Post using the Services. You agree that you have no right, title, or interest in or to any Content that you have not Posted that appears on or through the Services.
Revolution Global does not, and cannot, pre-screen or monitor all User Content. However, we reserve the right to do so, as well as to remove, edit, refuse to post, and/or report to appropriate legal authorities any User Content as we, in our sole discretion, deem warranted. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content. You agree that except and only to the extent required by a contract between us and your employer, we have no obligation to maintain anything you Post and that we may delete from our systems any User Content or other information.
We are not responsible or liable for any User Content posted by you or by other users of the Services. You understand that only Revolution Global or a Dispensary can make claims, promises, or statements about the products and services offered through the Services or otherwise by us, and agree not to make such claims, promises, or statements or to imply that Revolution Global or a Dispensary approves of your User Content.
d. Your User Content License to Revolution Global
You hereby grant to Revolution Global a non-exclusive, universe-wide, royalty-free, sub licensable, perpetual and irrevocable right and license (including any moral rights) to use, copy, modify, adapt, create derivative works from, distribute, publicly display, publicly perform, publish, and otherwise exploit any User Content provided by you, as well as all modified and derivative works thereof, in whole or in part, in any languages, together (a tour option) with the names and likenesses of any persons identifiable therein, and in any form or media now known or later developed, without any further notice to you, and without any requirement of permission from or payment to you or any other person or entity. To the extent permitted by applicable laws, you hereby waive any moral rights you have in any User Content.
e. No Confidential Relationship/No Unsolicited Materials
Except as otherwise described in our Privacy Policy or a contract with your employer, any User Content will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure of User Content. You acknowledge and agree that your relationship with Revolution Global or a Dispensary is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User Content does not impose any confidentiality obligations on Revolution Global or a Dispensary.
It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Revolution Global does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted and you agree that any such ideas transmitted to Revolution Global are included in the above license you grant to Revolution Global for any User Content.
You agree and understand that we are not obligated to post, keep, or use your User Content.
f. Your Warranty to Revolution Global
You represent and warrant that you are the owner of all rights, title, and interest in and to the User Content you post (or that such User Content is in the public domain), or otherwise have all rights necessary to grant the license provided for in these Terms, including without limitation that any other holder of any universe-wide intellectual property right, including moral rights (to the extent allowed by applicable law), in the User Content you Post has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You further warrant that the User Content you Post is accurate; reflects your true and honest experience with us, the Dispensary, and the products; will not violate the rights of any third party, including without limitation any copyright, property, or privacy right; does not violate these Terms; and will not cause injury to any person or entity.
In the event any User Content you Post on or through the Services infringes or may, in our sole judgment, infringe on another’s intellectual property or other rights, Revolution Global reserves the right to remove such User Content, which may occur at any time and without prior notice.
g. Copyright and Other Intellectual Property Infringement Claims
i. Termination of Repeat Infringer Accounts. It is our policy, in appropriate circumstances and at our sole discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.
ii. DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided via the Services infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to Revolution Global’s designated copyright agent at 1200 N. Branch Street, 2nd Floor, Chicago, IL 60642; or by phone at 312-881-4250; or by email at [email protected]:
– A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
– An identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
– An identification of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work within the Services;
– Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or email address;
– A written statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
– A statement by you, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
iii. Other Rights. If you believe that any content on the Services violates your exclusive rights other than copyrights, please provide us at least the following information: (a) your physical or electronic signature; (b) identification of the material that you claim is infringing your exclusive rights and information reasonably sufficient to permit us to locate the material; (c) an explanation of the exclusive rights that you own/have and why the you believe the content infringes those rights, sufficient for us to evaluate the complaint; and (d) accurate contact information for you. Please send your complaint to [email protected].
iv. It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met.We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
5. User Conduct
As a condition of your use of the Services, you agree not to use the Services for any purpose prohibited by these Terms, by applicable law, or in any other manner that we deem objectionable in our sole discretion. You will not, and will not permit or assist any third party to, take any action or Post any User Content on or though the Services that:
a. is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
b. is unlawful, harassing, discriminatory, unethical, or disruptive;
c. promotes illegal activities, including without limitation the use of our products and services in jurisdictions where they have not been legalized;
d. infringes on any copyright, trademark, patent, trade secret, right of publicity, right of privacy, or any other right of another person or entity;
e. asks users for or discloses their personal information, including their address, phone number, e-mail address, credit card number, or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature;
f. uses the Services for commercial purposes (except and only to the extent permitted by a contract between us and your employer), such as and without limitation contests and sweepstakes, product or service sales, rental, leasing, or barter;
g. constitutes spam, chain letters, surveys, or unauthorized or unsolicited advertising;
h. contains information that is malicious, false, or inaccurate;
i. improperly claims the identity of or otherwise impersonates another person or entity;
j. uses, reproduces, or removes any copyright, trademark, or other proprietary notices from any Revolution Global or third party materials;
k. makes any automated use of theServices, or takes any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
l. tampers, interferes with, or disturbs the Services’ functionality;
m. engages in or attempts to engage in any potentially harmful acts that are directed against the Services, including but not limited to violating or attempting to violate any security features of the Services, including features or technology that limit or prevent use of theServices or the Content therein; using manual or automated software or other means to scrape, crawl, spider, or similarly access any portion of the Services or harvest or manipulate data or content (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from our websites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); introducing or sending viruses, worms, spyware, malware, or any other kind of harmful code into or through theServices; interfering or attempting to interfere with the proper functioning of or use by others of the Services, including by means of overloading, flooding, spamming, mail bombing, or crashing Services;
n. decompiles, disassembles, reverse engineers, or reverse assembles the Services or any part of them, or otherwise attempts to discover any of the Services’ source code or underlying proprietary information;
o. publishes or links to malicious content that may damage or disrupt another user’s browser or computer; or
p. in relation to any Content owned or distributed by us or our partners: (i) modifying or using any Content otherwise than as allowed under these Terms; (ii) using, marketing or re-distributing anyContent through any software application other than the Services; (iii) downloading, re-transmitting, reproducing or storing the Content on any device or media (other than for any brief periods of time necessary for viewing the Content); and/or (iv) reformatting, optimizing or customizing the Content for display, distribution, or transmission.
You agree that your User Content and your conduct in using the Services complies with the foregoing and acknowledge and agree that we have the right to determine whether your User Content is appropriate and complies with these Terms, to remove any of your User Content, and to terminate your account with or without prior notice.
You are solely responsible for your interactions with any other users and third parties with whom you interact. Notwithstanding the foregoing, we reserve the right (but have no obligation) to intercede in any disputes that arise out of those interactions. You agree that Revolution Global is not and will not be responsible for any liability incurred as the result of such interactions. We do not approve, endorse, or make any representations or warranties with respect to User Content. You access and use allUser Content and interact with other users at your own risk.
6. Investigations
We reserve the right to investigate User Content, as well as violations of these Terms or any applicable Supplemental Terms, including by requesting evidence of your rights in and to the User Content. Revolution Global reserves the right to refuse and/or remove any Content, for any reason we deem, in our sole discretion, to be appropriate. By using the Services, you irrevocably consent to such investigations.
7. Sweepstakes, Contests, and Promotions
Any sweepstakes, contests or other promotions (any, a “Promotion”) that may be offered via the Services may be governed by a separate set of rules that may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the Promotion, use of User Content, and disclosures about how your personal information may be used. It is your responsibility to read these rules to determine whether or not you want to and are eligible to participate, register and/or enter, and to determine the applicable terms and conditions of the Promotion. By participating in a Promotion, you will be subject to those official rules, and you agree to comply with and abide by such rules and the decisions of the identified sponsor(s).
8. Third Party Content, Links, and Applications
The Services may enable you to access other sites and mobile applications through links or may include third party content that we do not control, maintain, or endorse. These sites, apps, and content are not owned or controlled by Revolution Global, and as a result, we are not responsible or liable for, and you release us from, any loss or damage incurred by you as a result of any dealings between you and these third parties, or the failure of these third party sites or apps to function properly. The inclusion of any link or grant of access on the Services does not imply or express an affiliation or endorsement of the site, app, or contents. The Service may also enable you to share content from the Services with a third party, which may be publicly posted on that third party’s site or application, and would therefore be subject to the third party’s terms of service and privacy policy. You are responsible for reading the third party’s terms of service and privacy policy, and you acknowledge that Revolution Global is not responsible or liable for, and you release us from, any loss or damage incurred by you as a result of your access and interaction with such third parties.
9. Indemnification
To the fullest extent permitted by law, you agree to indemnify and hold harmless Revolution Global, its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (collectively, the “Revolution Global Parties”) from and against any and all liabilities, claims, damages, taxes, fines, penalties, expenses (including reasonable attorneys’ fees and costs), and other losses arising out of or in any way related to (a) your User Content; (b) your breach or alleged breach of theseTerms, any applicable Supplemental Terms, or any applicable laws, rules, or regulations; (c) your use of or inability to use the Services; or (d) your violation of any rights of another party, including other users. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
10. Suspension and Termination
We reserve the right to suspend or terminate your access to all or some of the Services with or without notice if we, in our sole discretion, determine that you are in breach of these Terms or any applicable Supplemental Terms or have engaged in conduct that we, in our sole discretion, deem inappropriate.
In the event of suspension or termination by RevolutionGlobal, we may delete or change your password(s) associated with your User Account; delete or change your User Account, including deleting your User Content, history, and other information; and bar your further use of the Services, as well as that of anyone sharing your email address or other account credentials. You understand that such actions may be taken without any liability whatsoever to you for any suspension or termination, including for deletion of User Content.
All provisions of these Terms and any applicable Supplemental Terms which by their nature should survive termination, will survive termination of your access to the Services, including without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
If your access to the Services is terminated under these Terms, then you agree that you will not attempt to re-register with or access the Services through use of a different username or otherwise. In the event that you violate the immediately preceding sentence, we reserve the right, in our sole discretion, to immediately take any or all of the actions set forth in these Terms without any notice or warning to you.
11. Disclaimer of Warranties.
To the extent permitted by applicable law, your use of the Services and any product you purchase from us is at your sole risk, and the Services and products are provided on an “as is” and “as available” basis, with all faults. We reserve the right to amend errors and update service information at any time without prior notice. Revolution Global expressly disclaims all warranties, representations, and conditions of any kind, whether express or implied, including, without limitation, any implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement arising from use of the Services. Neither Revolution Global nor its suppliers and licensors makes any warranty or guarantee with respect to the Services’ quality, effectiveness, reputation and other characteristic; that the Services will meet your requirements, be error free, reliable, or free of viruses and other harmful components; or that access to the Services will be timely and uninterrupted.
Information published via the Services may refer to products, programs, or services that are not available in your jurisdiction.Any Content downloaded from or otherwise accessed through the Services is accessed at your own risk, and you will be solely responsible for any damage to your property, including, but not limited to, your computer system and any device you use to access the Services, or any other loss that results from accessing such Content.
Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
12. Limitation on Liability
To the fullest extent permitted by law, in no event shall the Revolution Global Parties, be liable to you for any loss of profits, revenue or data, indirect, incidental, special, or consequential damages arising out of or in connection, directly or indirectly, with (a) your use or misuse of the Services or any part thereof; (b) any claim that your User Content caused damage to a third party; (c) your breach or alleged breach of any provision of these Terms; (d) your violation of any rights of another, including without limitation any copyright, property, or privacy right; or (e) any User Content you Post through the Services; (f) any bugs, viruses, trojan horses, or the like, regardless of their origin; (g) any other interaction with the Services or any other user of the Services whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not you have been advised of the possibility of such damages. You agree that your only right with respect to any problems or dissatisfaction with the Services or the products is to discontinue use of the Services and/or products. To the fullest extent permitted by law, in no event will Revolution Global’s total liability to you for all damages or losses exceed the greater of (i) the amounts you have paid RevolutionGlobal to use the Services or purchase products, or (ii) fifty United StatesDollars (US$50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. The limitations set forth in this section will not limit or excludeRevolution Global Parties’ liability for personal injury or property damage caused by the Revolution Global Parties, or for the Revolution Global Parties’ gross negligence, fraud or intentional, willful, malicious or reckless misconduct.
The limitations of damages set forth above are fundamental elements of the basis of the bargain between Revolution Global and you.
13. Dispute Resolution
a. Non-binding Mediation
You and we agree to attempt in good faith to negotiate an informal resolution of your claim. If a resolution is not reached within thirty (30) days, the parties agree that any and all remaining disputes, claims or controversies arising out of or relating to this Agreement shall be submitted to JAMS, or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration pursuant to the clause set forth in Paragraph 13(b) below. Not withstanding the foregoing, either party may seek equitable relief in court at any time for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from the JAMS panel of neutrals and in scheduling the mediation proceedings. The parties agree that they will participate in the mediation in good faith and that they will share equally in its costs.
All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.
The mediation proceeding will be held in Chicago, Illinois, or such other place as agreed by the mediator and all of the parties.
b. Binding Arbitration (“Arbitration Agreement”).
i. Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services, to these Terms, any applicable Supplemental Terms, or to any aspect of your relationship with Revolution Global, if unresolved via informal negotiation or non-binding mediation as set forth in Section 13(a), will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Revolution Global may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). You agree that you must commence any arbitration or other claim within one (1) year after the dispute arises, otherwise the claim is permanently barred, which means that you will no longer have the right to assert a claim regarding the dispute. This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of this Arbitration Agreement.
If you agree to arbitration with Revolution Global, you are agreeing in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against the Revolution Global Parties alleging class, collective, and/or representative claims on your behalf. Instead, by agreeing to arbitration, you may bring your claims against the Revolution Global Parties in an individual arbitration proceeding (except for any Batch Arbitration, as described below). If successful on such claims, you could be awarded money or other relief by an arbitrator. You acknowledge that you have been advised that you may consult with an attorney in deciding whether to accept this agreement, including this Arbitration Agreement.
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
ii. Process. To begin a claim, you must first send a letter describing your claim in detail, including your name and contact information, your legal claim, the specific facts giving rise to your claim (including the date(s) and amount(s) of any relevant transaction or interaction with us), and the requested relief) to [email protected]. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, will be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. Revolution Global will be entitled to make an offer of judgment in the arbitration proceeding. If the offer of judgment is not accepted, and the award is not more favorable than the unaccepted offer, you will be solely responsible for all costs incurred by Revolution Global after the offer of judgment is made to the extent permitted by applicable law. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
iii. Fees. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees, and you cannot obtain a waiver from JAMS, RevolutionGlobal will pay them for you. If the arbitrator determines the claims are frivolous, you agree to pay Revolution Global’s attorneys’ fees and costs in the arbitration, to the extent permitted by applicable law.
iv. Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency will have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Revolution Global. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties.The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
v. Waiver of Jury Trial. You and Revolution Global hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and Revolution Global are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in Section 12(a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
vi. Waiver of Class or Consolidated Actions. Except with respect to Batch Arbitration (as defined below), all claims and disputes within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes will be resolved in a court as set forth in Section 15. You and Revolution Global agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against Revolution Global within an approximately (30) thirty-day period (or otherwise in close proximity) regardless of the state(s) in which such claims are filed, JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration(subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “BatchArbitration”). You and Revolution Global agree (1) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (2) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.
vii. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out by contacting us at [email protected] within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your username (if any), the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of thisArbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
viii. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed and the remainder of the Arbitration Agreement will continue in full force and effect.
ix. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Revolution Global.
x. Modification. Notwithstanding any provision in theseTerms to the contrary, we agree that if Revolution Global makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice to Revolution Global.
14. Mobile
We may offer features and services that are available to you via your mobile phone or other mobile device. These features and services may include, without limitation, the ability to Post User Content to theServices, receive messages from the Services, or access features of theServices (collectively, the “Mobile Features”). Standard messaging, data and other fees may be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain MobileFeatures may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
If you have registered for Mobile Features that utilize your mobile number, you agree to notify us of any changes to or deactivation of your mobile number and update your User Account to reflect this change.
15. App Stores
a. General. You acknowledge and agree that the availability of any apps we may offer (“Apps”) are dependent on the third party from whom you received the App license (e.g., Apple App Store or Google Play) (“App Store”). You acknowledge that these Terms are an agreement between you and us, and not with the App Store. We, not the App Store, are solely responsible for the Services, including the Apps, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Apps, you must have Internet access, including in some cases, wireless network services. You agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the Apps. You agree to comply with, and your license to use the Apps is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Services, including the Apps. You acknowledge that theApp Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce it.
b. Accessing and Downloading Apps from Apple. The following applies to any App accessed through or downloaded from the Apple App Store (an “Apple-SourcedApp”):
i. Acknowledgment. You acknowledge and agree that (i) these Terms are between you andRevolution Global (or any third party developer that may own or operate theApp) only, and not Apple, and (ii) Revolution Global, not Apple, is solely responsible for the Apple Store Sourced App and content thereof.
ii. Scope of License. Your license to use the Apple Store Sourced App is non-transferable and limited to use on an Apple-branded product that you own or control, and as permitted by the “Usage Rules” set forth in the Apple Media Services Terms and Conditions.
iii. Maintenance and Support. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple Store Sourced App.
iv. Warranty. In the event of any failure of the Apple Store Sourced App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple Store Sourced App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple Store Sourced App. As between RevolutionGlobal and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Revolution Global.
v. Product Claims. You and Revolution Global acknowledge that, as between Revolution Global and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Apple Store Sourced App or your possession and use of the Apple Store Sourced App, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple Store SourcedApp fails to conform to any applicable legal or regulatory requirement; and(iii) claims arising under consumer protection or similar legislation.
vi. Intellectual Property Rights. You and Revolution Global acknowledge that, in the event of any third-party claim that the Apple Store Sourced App or your possession and use of that Apple Store Sourced App infringes that third party’s intellectual property rights, as between Revolution Global and Apple,Revolution Global, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
vii. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by theU.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
viii. Third Party Terms. You must comply with any applicable third party terms of agreement when using the Apple Store Sourced App (e.g., your wireless data service agreement).
ix. Third Party Beneficiary. You and Revolution Global acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the Apple Store Sourced App, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the Apple Store Sourced App against you as a third-party beneficiary thereof.
x. Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using theApple Store Sourced App.
16. Governing Law and Venue
These Terms and any applicable Supplemental Terms shall be governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles, except to the extent that terms of service are affected by mandatory provisions of applicable law. Except as otherwise provided in these Terms or applicable Supplemental Terms, you and Revolution Global may litigate in the courts located in Chicago, Illinois to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within Chicago, Illinois, and you and Revolution Global agree to submit to the personal jurisdiction of that court.
17. Changes to Terms
To the extent allowed by applicable law, we reserve the right to update these Terms or any Supplemental Terms for any reason at anytime without prior notice. When we make changes, the new Terms and Supplemental Terms will be made available through the Services. We may also provide notice to you in other ways, such as through contact information you have provided. However, it is your sole responsibility to review the Terms and Supplemental Terms from time to time to view any such changes. Your continued use of the Services after the effective date of the revised Terms or any applicable Supplemental Terms or engaging in such other conduct as we may reasonably specify, constitutes your agreement to our revisions to the fullest extent allowed by applicable law. If you disagree with any of our changes, you should discontinue your use of the Services.
18. Changes to Services
We have no obligation to provide support, maintenance, updates, upgrades, modifications, or new releases (“Updates”) to theServices. However, we may modify, suspend, or discontinue any aspect of the Services at any time for any reason, with or without notice to you, including the availability of the Services in whole or in part.
19. General
If any part of these Terms or applicable SupplementalTerms is held invalid or unenforceable, that portion of the Terms or Supplemental Terms will be construed in a manner to reflect, as nearly as possible, the original intention of the parties consistent with applicable law, and the remaining portions will remain in full force and effect.
Any failure on the part of Revolution Global to enforce any provision of these Terms or any applicable Supplemental Terms will not be considered a waiver of our right to enforce such provision.
Revolution Global will not be liable for any delay or failure to perform, resulting from causes outside its reasonable control, including, but not limited to, acts of God, epidemic, pandemic, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
We may assign or delegate these Terms, Supplemental Terms, and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms, Supplemental Terms, or Privacy Policy without our prior written consent, and any unauthorized assignment and delegation by you is void.
These Terms together with any applicable SupplementalTerms represent the final, complete, and exclusive statement of the agreement between us with respect to the subject matter hereof and supersede and merge all prior discussions between the parties with respect to such subject matter. As used in these Terms, “including” means “including without limitation.”
20. Contact Us
If you have questions about these Terms, please contact us at:
Revolution Global
1200 N. NorthBranch Street, 2nd Floor
Chicago,Illinois 60642
[email protected]
