Terms of Service
Welcome, and thank you for your interest in Rolltech®, Inc. (“Rolltech®”, “we,” or “us”) and our website at http://rolltechbowling.com (the “Website”), any mobile software application (including tablet applications) we make available from the Website or via any third party platform (“Software”), as well as all related web sites, networks, embeddable widgets, downloadable software and other services provided by us (collectively, together with the Website and Software, the “Service”). These Terms of Service are a legally binding contract between you and Rolltech® regarding your use of the Service.
These Terms of Service provide that all disputes between you and Rolltech® will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Arbitration Agreement below for the details regarding your agreement to arbitrate any disputes with Rolltech®.
1. Rolltech® Service Overview. Rolltech® provides a mobile platform for you to improve your bowling, connect with other bowlers, keep detailed statistics of your performance over time, earn rewards for your play and take advantage of great deals at bowling centers. In short, Rolltech® makes the sport that we love THAT much more lovable.
2. Eligibility. You must be at least thirteen (13) years of age to use the Service. By agreeing to these Terms, you represent and warrant to us: (i) that you are at least thirteen (13) years of age; (ii) that you have not previously been suspended or removed from the Service; and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.
3. Accounts and Registration.
3.1 To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your e-mail address or other contact information). You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at email@example.com.
3.2 In addition, in order to use the Service, you may be required by the third party who is distributing or providing you access to the Software (e.g., Apple, Inc.) (each third party distributor of Software, a “Distributor”) to create an account. Your use of any account with a Distributor is subject to any terms, conditions, and policies, including privacy policies, of that Distributor. Rolltech® is not responsible for any act or omission of any Distributor.
4. Fees. When you register for, or upgrade to, a fee-based account, we will charge you subscription fees for use of those premium Services. You agree to pay all fees charged for the Services or such features purchased under your account at the then-current rate for use of the Services or such features (including any applicable taxes). We reserve the right to change our fees at any time by providing you prior notice via the Services, on the Website or otherwise. If we notify you of new fees or if we change the fees for an existing feature, you agree to pay all fees and charges specified and all applicable taxes for your continued use of the applicable feature following the time period stated in the notice.
5.1 By signing up for a monthly subscription to use a premium Service, you authorize us or our agent to bill your credit card the applicable monthly subscription fee, any and all applicable taxes, and any other charges you may incur in connection with your use of the Services. The applicable monthly subscription fees will be charged to your credit card on the date you register for a particular subscription and each 30 days thereafter until you change or cancel your subscription. If you cancel your subscription after you have paid for the most recent 30 day period, you will have full access to all features for which you’ve paid until the end of that 30 day period. Other fees will be charged to your credit card as you incur them.
5.2 You agree to provide us updated information about your credit card when the earlier information is no longer valid or upon our request. If we do not receive payment from your credit card provider or if your credit card expires or is rejected, you agree to pay all amounts due upon demand. We reserve the right to take all steps necessary to collect amounts due from you, including but not limited to using third party collection agencies. We reserve the right to correct any errors or mistakes that we make even if we have already requested or received payment, and to determine whether your credit card is pre-authorized to accept a minimum charge equal to the monthly subscription fee.
5.3 You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your account details page. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
6. Cancellation and Renewal; No Refunds.
6.1 You may cancel your subscription or other access to the Services at any time by changing your plan online through your profile page or by contacting our customer service by e-mail at firstname.lastname@example.org. We will terminate your account within a reasonable amount of time of receipt of your cancellation request. IF YOU CANCEL YOUR SUBSCRIPTION BEFORE THE END OF THE MONTH, YOU WILL NOT RECEIVE A REFUND OR CREDIT FOR THE REMAINDER OF THE MONTH. You must cancel your subscription before the end of the month to avoid charges for the following month. If we terminate your subscription for a reason other than your breach of these Terms, we will provide a pro rata refund of pre-paid subscription fees.
6.2 IF YOU BELIEVE THAT WE HAVE CHARGED YOU IN ERROR FOR ANY SERVICE, YOU MUST CONTACT OUR CUSTOMER SUPPORT WITHIN 90 DAYS OF THE CHARGE. WE WILL NOT REFUND ANY CHARGES AFTER MORE THAN 90 DAYS.
7. Rolltech® Points.
7.1 Snagging Badges and Earning Rolltech® Points. The Service may include an opportunity to earn types of virtual points which may be used to obtain discounts, offers or other goods or services (“Rolltech® Points”). When you sign into your user account, bowl and record your games at participating bowling centers, you can snag badges and earn Rolltech® Points based on your bowling performance. For example, you can snag a Complete Game badge and earn Rolltech® Points if you complete a bowling game. To earn Rolltech® Points, you MUST be signed into your account and be the person bowling during your turns. The more you bowl at participating bowling centers while signed into your user account, the more Rolltech® Points you can earn. We will automatically add Rolltech® Points to your user account as you snag badges while you bowl. By using the Service, you agree that Rolltech® may publicly display on your account profile the badges you have snagged and the Rolltech® Points you have earned. In order to redeem your points for available discounts, offers or other goods or services, you must be subscribed to a fee-based monthly subscription to Rolltech® Pro. Rolltech® makes no guaranty that the badges and Rolltech® Points displayed on your account profile will be complete or accurate.
7.2 No Property Rights in Rolltech® Points. The Rolltech® Points that you accrue do not constitute your property and have no value outside of the Rolltech® Points system (the “Rolltech® Points Club”). You have no property interest, right or title in or to any such Rolltech® Points appearing or originating in the Service, or any other attributes associated with use of the Rolltech® Points. Rolltech® Points may be revoked by Rolltech® as set forth in these Terms. Rolltech® Points may not be exchanged for cash, sold, resold, assigned, bartered or transferred. You acknowledge that Rolltech® Points are not currency of any kind and are not redeemable for any sum of money from us, any bowling center or any third party at any time. We make no guarantee as to the nature, quality or value of the features of the Rolltech® Points or any third-party goods or services that will be accessible through the use of Rolltech® Points, or the availability or supply of Rolltech® Points. Rolltech® Points are provided to you by Rolltech® under a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Rolltech® Points in connection with the Service. Any balance of Rolltech® Points shown in your user account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.
7.3 Eligibility. In order to be eligible to redeem Rolltech® Points, you must be 13 years of age or older and reside the United States; provided that the following individuals are not eligible for point redemption: (i) employees of Rolltech®; (ii) employees of any other company involved in the development, administration or operation of the Rolltech® Points Club; and (iii) immediate family members (parent, child, sibling and spouse) and those living in the same household as individuals qualifying under (i) or (ii). Corporations, partnerships or any other business entities are not eligible to redeem Rolltech® Points. If at any time you become ineligible to redeem Rolltech® Points, you must provide notice to Rolltech® at email@example.com.
7.4 Redeeming Rolltech® Points. You may from time to time be presented with opportunities to redeem Rolltech® Points at participating bowling centers and other vendors. Rolltech®, participating bowling centers and other vendors may publish, publicize or otherwise display, from time to time, on the Website, via the Software or through other channels, ways in which you can redeem your Rolltech® Points. For example, you may be able to redeem your Rolltech® Points for a free round of bowling or for food and beverages at a participating bowling center. You must comply with any individual limitations or restrictions applicable to the redemption of Rolltech® Points for goods or services. All goods and services offered in exchange for the redemption of Rolltech® Points are subject to availability. All redemptions are subject to these Terms, any third-party terms associated with any Rolltech® Point redemption offers, and all limitations and requirements stated via the Service. Rewards that may be obtained by redeeming Rolltech® Points may be taxable, depending on the value of the item and the federal, state and local tax laws applicable to you. You are solely responsible for reporting such items on your tax returns and paying any associated tax liability. All redemptions of Rolltech® Points are final. Once Rolltech® Points have been redeemed, they will be subtracted from your account and cannot be refunded or returned, except in our sole discretion. No Rolltech® Point will be re-credited to your account in the event of a return or exchange of goods or services received in exchange for Rolltech® Points.
7.5 Disclaimer. We have no liability for hacking or loss of your Rolltech® Points or any goods or services obtained via the redemption of Rolltech® Points. We have no obligation to, and will not, reimburse you for any Rolltech® Points or any goods or services obtained via redemption of Rolltech® Points that are lost. We reserve the right, without prior notification, to limit the quantity of Rolltech® Points or to refuse to provide you with any Rolltech® Points. Redemption of Rolltech® Points is determined by us in our sole discretion and is subject to change without notice. You agree that we have the absolute right to manage, distribute, regulate, control, modify or eliminate Rolltech® Points as we see fit in our sole discretion, and that we will have no liability for exercising such right.
7.6 Waiver. You agree that under no circumstances are we liable to you for any damages or claims that may arise from the loss or use of your Rolltech® Points regardless of the circumstances. You absolve us of any responsibility to maintain or update your Rolltech® Points account. However, if there is a loss of Rolltech® Points in your account due to technical or operational problems with the Service, we will use our commercially reasonable efforts to fix your account once we have verified the loss. Without limiting any of the foregoing, our maximum liability or responsibility to you is to provide you with the Rolltech® Points that are lost.
7.7 Termination of Your Rolltech® Points. All Rolltech® Points are forfeited if your user account or access to the Service is terminated or suspended for any reason, in our sole and absolute discretion, or if we discontinue availability of some or all of the Service. Rolltech® reserves the right, in its sole discretion, to disqualify your Rolltech® Points if you (i) violate these Terms; (ii) engage in any fraud or abuse relating to the accrual of Rolltech® Points or the redemption thereof; (iii) misrepresent any information supplied by you to Rolltech®; or (iv) engage in any activities that are inconsistent with Rolltech®’s public image, goodwill and reputation, or applicable law. Upon termination hereunder, your right to accrue Rolltech® Points and redeem them for rewards will immediately be cancelled and any and all Rolltech® Points accumulated up to the date of termination will be forfeited.
8. User Content.
8.1 User Content Generally. Certain features of the Service may permit users to post content, including messages, reviews, photos, video, images, folders, data, text, and other types of works (collectively, “User Content”) and to publish User Content on the Service. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Service.
8.2 Limited License Grant to Rolltech®. By posting or publishing User Content, you grant Rolltech® a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). Any such use of your User Content by Rolltech® will be without any compensation paid to you.
8.3 Limited License Grant to Other Users. By posting and sharing User Content with another user of the Service, you hereby grant that user a non-exclusive license to access and use such User Content as permitted by these Terms and the functionality of the Service.
8.4 User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that:
· you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize Rolltech® and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 8 and in the manner contemplated by Rolltech® and these Terms; and
· your User Content, and the use thereof as contemplated herein, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person.
8.5 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Rolltech® may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Rolltech® with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Rolltech® does not permit copyright-infringing activities on the Service.
9. Digital Millennium Copyright Act
9.1 DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints with respect to material posted on the Service, you may contact our Designated Agent at the following address:
3225 McLeod Drive, Suite 100
Las Vegas, NV 89121
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of the material that you claim is infringing and where it is located on the Service;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
9.2 Repeat Infringers. Rolltech® will promptly terminate without notice the accounts of users that are determined by Rolltech® to be “repeat infringers.” A repeat infringer is a user who has been notified of infringing activity more than twice or has had User Content removed from the Service more than twice.
10. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
10.1 use the Service for any illegal purpose, or in violation of any local, state, national, or international law;
10.2 violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights;
10.3 post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
10.4 interfere with security-related features of the Service, including without limitation by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of the Service or any part thereof except to the extent that such activity is expressly permitted by applicable law;
10.5 interfere with the operation of the Service or any user’s enjoyment of the Service, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, (ii) making unsolicited offers or advertisements to other users of the Service, (iii) attempting to collect, personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
10.6 perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your age or date of birth;
10.7 sell or otherwise transfer the access granted herein or any Materials (as defined in Section 16 below) or any right or ability to view, access, or use any Materials; or
10.8 attempt to do any of the foregoing in this Section 10, or assist or permit any persons in engaging in any of the activities described in this Section 10.
11. Third-Party Services and Linked Websites.Rolltech® may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on Rolltech® with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third party services are not under our control, and we are not responsible for their use of your exported information. The Service may also contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content.
12. Termination of Use; Discontinuation and Modification of the Service. If you violate any provision of these Terms, your permission to use the Service will terminate automatically. Additionally, Rolltech®, in its sole discretion, may terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time by contacting customer service at firstname.lastname@example.org. If you terminate your account, you will remain obligated to pay all outstanding fees, if any, relating to your use of the Service incurred prior to termination.
13.2 Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to on the Service (the “Additional Terms”), such as end-user license agreements for any downloadable applications that we may offer, or rules applicable to particular features or content on the Service, subject to Section 15 below. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.
14. Special Terms Regarding Apple. If you download the Software from Apple, Inc.’s App Store, your use of the Software must at all times be in accordance with the Usage Rules set forth in the Apple, Inc. App Store Terms of Service. You acknowledge that these Terms are entered into solely between you and Rolltech®. These Terms are not intended to provide for usage rules for the Software that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise conflict with, the App Store Terms of Service as of the date that you accept the App Store Terms of Service (which you acknowledge you have had the opportunity to review). You also acknowledge and agree that:
14.1 if any third party claims that your possession or use of the Software infringes a third party’s intellectual property rights, Rolltech® is solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim;
14.2 Apple has no responsibility for addressing any claims relating to the Software, including but not limited to: (i) product liability claims; (ii) maintenance and support; (iii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iv) any claim arising under consumer protection or similar legislation; and
14.3 Apple and its subsidiaries are intended third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple and its subsidiaries will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.
15. Modification of these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept such modified terms in order to continue to use the Service. Material modifications are effective upon your acceptance of such modified Terms. Immaterial modifications are effective upon publication. For the avoidance of doubt, disputes arising under these Terms will be resolved in accordance with these Terms in effect at the time the dispute arose.
16. Ownership; Proprietary Rights. The Service is owned and operated by Rolltech®. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (the “Materials”) provided by Rolltech® are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of Rolltech® or our third-party licensors. Except as expressly authorized by Rolltech®, you may not make use of the Materials. Rolltech® reserves all rights to the Materials not granted expressly in these Terms.
17. Idea Submissions. We do not accept unsolicited suggestions or ideas. However, any materials, including comments, suggestions, ideas or other information, provided by you in the form of email or other submissions to us (but excluding material that you post on the Service in accordance with this Agreement) (collectively “Feedback”), are non-confidential and you hereby grant to us a perpetual, irrevocable, transferrable, sublicenseable, royalty-free, worldwide license to use your Feedback in any manner and for any purpose without compensation or attribution to you.
18. Indemnity. You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless Rolltech® and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “Rolltech® Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
19. Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE ROLLTECH ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE ROLLTECH ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE ROLLTECH ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
20. Limitation of Liability
IN NO EVENT WILL THE ROLLTECH ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE ROLLTECH ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE ROLLTECH ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO ROLLTECH FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM OR (ii) $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 20 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
21. Governing Law. These Terms shall be governed by the laws of the State of Nevada without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Rolltech® agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Clark County, Nevada for the purpose of litigating all such disputes. We operate the Service from our offices in Nevada, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
23. Dispute Resolution and Arbitration
23.1 Generally. In the interest of resolving disputes between you and Rolltech® in the most expedient and cost effective manner, you and Rolltech® agree that any and all disputes arising in connection with these Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ROLLTECH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
23.2 Exceptions. Notwithstanding subsection 23.1, we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
23.3 Arbitrator. Any arbitration between you and Rolltech® will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Rolltech®.
23.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). Rolltech®'s address for Notice is: Rolltech®, Inc., 3225 McLeod Drive, Suite 100 Las Vegas, NV 89121.The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Rolltech® may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Rolltech® shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If our dispute is finally resolved through arbitration in your favor, Rolltech® shall pay you (i) the amount awarded by the arbitrator, if any, (ii) the last written settlement amount offered by Rolltech® in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.00, whichever is greater.
23.5 Fees. If you commence arbitration in accordance with these Terms, Rolltech® will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in Clark County, Nevada, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Rolltech® for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
23.6 No Class Actions. YOU AND ROLLTECH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Rolltech® 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.
23.7 Modifications. If Rolltech® makes any future change to this arbitration provision (other than a change to Rolltech®'s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Rolltech®'s address for Notice, in which case your account with Rolltech® shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
23.8 Enforceability. If Subsection 23.6 is found to be unenforceable or if the entirety of this Section 23 is found to be unenforceable, then the entirety of this Section 23 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 21 shall govern any action arising out of or related to these Terms.
25. Contact Information. The services hereunder are offered by Rolltech®, Inc., located at 3225 McLeod Drive, Suite 100 Las Vegas, NV 89121. You may contact us by sending correspondence to the foregoing address or by emailing us at email@example.com. If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms.
26. Notice to California Residents. We provide the following notice to residents of California pursuant to Cal. Civil Code § 1789.3: (a) Rolltech® is located at 3225 McLeod Drive, Suite 100 Las Vegas, NV 89121 (b) the fees and charges for the Service vary depending on the services selected by you; and (c) if you have a complaint regarding the Service or desire further information on use of the Service, please contact us by email at firstname.lastname@example.org. Complaints may also be directed to the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, CA 95814 or by telephone at (916) 445-1254 or (800) 952-5210.