Revolution Robotics Terms of Service

REVOLUTION ROBOTICS FOUNDATION

TERMS OF SERVICE

Last updated: October 11, 2019 

These Terms of Service (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity or minor (“you”) and Revolution Robotics Foundation, Inc., a California nonprofit corporation (“we,” “us” or “our”), concerning your access to and use of the website https://revolutionrobotics.org, our mobile application (RevoRobotics) and other applications linked, or otherwise connected thereto (collectively, the “Site”). 

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the Site and you must discontinue use immediately. 

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms to stay informed of updates to our privacy, purchase and other policies. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site after the date such revised Terms are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

The Site is intended for users who are at least 8 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all databases, functionality, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms, the Site, the Content or Marks may not be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use, except with our express prior written consent. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks. 

USER REPRESENTATIONS

By accessing the Site, you represent and warrant that:

(1) all information you may submit will be true, accurate, current, and complete;

(2) you have the legal capacity and you agree to comply with these Terms;

(3) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise;

(4) you will not use the Site for any illegal or unauthorized purpose;

(5) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

PURCHASING PRODUCT THROUGH ONLINE REVOLUTION ROBOTICS SHOP

When you make a purchase through the online Revolution Robotics Shop on our Site, you are placing the order with Revolution Robotics Foundation. Revolution Robotics Foundation Shop is intended for consumers to purchase items for personal use, not for resale or commercial use, except with our express prior written consent.. Please refer to our online purchase terms and conditions (“Purchase Terms”) as set out in “Schedule A” of these Terms. The Purchase Terms are part of these Terms and by agreeing to these Terms, you agree by the Purchase Terms as attached hereto in “Schedule A” when you purchase our product.

PROHIBITED ACTIVITIES 

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  • systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
  • make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
  • use a buying agent or purchasing agent to make purchases on the Site;
  • use the Site to advertise or offer to sell goods and services;
  • circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
  • engage in unauthorized framing of or linking to the Site;
  • trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
  • make improper use of our support services or submit false reports of abuse or misconduct;
  • engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
  • interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
  • use any information obtained from the Site in order to harass, abuse, or harm another person.
  • use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise, without our express prior written consent;
  • attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
  • harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
  • delete the copyright or other proprietary rights notice from any Content;
  • decipher, decompile, disassemble, reverse engineer, copy, modify or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, Python or other code for illegal or unethical purposes that has or is likely to have any adverse consequences to the functionality of the Site or the software code;
  • upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  • upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms”);
  • except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software;
  • disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site; and
  • use the Site in a manner inconsistent with any applicable laws or regulations.

USER GENERATED CONTRIBUTIONS 

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums (such as Discourse.org), and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). 

Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  • the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
  • you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms;
  • you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms;
  • your Contributions are not false, inaccurate, or misleading;
  • your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
  • your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us);
  • your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone;
  • your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another;
  • your Contributions do not violate any applicable law, regulation, or rule;
  • your Contributions do not violate the privacy or publicity rights of any third party;
  • your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner;
  • your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
  • your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap; and
  • your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Site. 

CONTRIBUTION LICENSE 

By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, or forums, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. 

You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

GUIDELINES FOR REVIEWS 

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:

  • your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
  • your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
  • your reviews should not contain references to illegal activity;
  • you should not be affiliated with competitors if posting negative reviews;
  • you should not make any conclusions as to the legality of conduct;
  • you may not post any false or misleading statements; and
  • you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.

We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

MOBILE APPLICATION LICENSE

Use License

If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms.

You shall not:

  • decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application for illegal or unethical purposes that has or is likely to have any adverse consequences to the functionality of the Site or the software code;
  • violate any applicable laws, rules, or regulations in connection with your access or use of the application;
  • remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
  • use the application for any revenue generating endeavor, commercial enterprise (except with our express prior written consent), or other purpose for which it is not designed or intended;
  • use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
  • use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or
  • use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site:

  • the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems;
  • we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms;
  • in the event of any failure of the mobile application to conform to any applicable warranty, you may notify us and we may endeavor to correct such failure, but will have no warranty obligation whatsoever with respect to the mobile application;
  • 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 the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; and
  • you acknowledge and agree that our mobile application partner are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms, and that each such mobile application partner will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms against you as a third-party beneficiary thereof.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions” provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). 

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern.

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: 

  • monitor the Site for violations of these Terms;
  • take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities;
  • in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
  • in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
  • otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site. 

PRIVACY POLICY 

We care about data privacy and security. Please review our Privacy Policy [CLICK HERE]/posted on the Site. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised the Site is hosted in the United States.

If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the Children’s Online Privacy Protection Act (“COPPA”), if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

TERM AND TERMINATION 

These Terms shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

MODIFICATIONS AND INTERRUPTIONS 

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. 

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you.

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

DISCLAIMER 

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY 

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE PRODUCT PURCHASED BY YOU. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS AS LIMITED BY APPLICABLE LAW. 

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. 

USER DATA 

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, signing up to our newsletter, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS 

These Terms and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. This means that in any event, and at any time, the ownership, licenses or any other rights granted to us in these Terms may be sold or assigned to others, without requiring any consents or actions on the part of the user or any other individual or entity.  We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site.

You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms. 

CONTACT US 

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Revolution Robotics Foundation

privacy@revolutionrobotics.org

Schedule A

Revolution Robotics Foundation Shop Purchase Terms

We strongly recommend that you read the below Purchase Terms carefully before submitting your product purchase order to us. These Purchase Terms are important to you because they apply to all orders that you place with The Revolution Robotics Foundation through our Site.

A.    How do I purchase from online Revolution Robotics Foundation Shop?

  1. Who am I placing my order with?

When you make a purchase through the Revolution Robotics Shop, you are placing the order with The Revolution Robotics Foundation. Any reference to "we", "us" or "our" means The Revolution Robotics Foundation, and any reference to "you" or "your" means you as a customer. References to "I" and "my" in the theme questions do also mean you as a customer. Please note that the Revolution Robotics Shop is intended for consumers to purchase items for personal use, not for resale or commercial use, except with our express prior written consent.

  1. Can I make a purchase through the Revolution Robotics Shop if I am under 18 years or do not possess full legal capacity? 

No, we do not sell products through the Revolution Robotics Shop for purchase by children. If you are under 18 years or do not possess full legal capacity, you may only use the Revolution Robotics Shop website under supervision and with the consent of your parent or guardian. 

  1. How do I place my order in the online Revolution Robotics Shop?

You can select products and add them to a virtual shopping cart via the button “Pre-Order” If the “Pre-Order” button is replaced with a “Back Order” button, you can process the order by clicking the “Back Order” button, but the item will not ship until it is available.

  1. How do I get the Revolution Robotics mobile application - RevoRobotics?

You can download the RevoRobotics mobile application from Apple Store or Google Play or from our Site. The RevoRobotics can be downloaded and used at no cost.

  1. When am I entering into a binding agreement?

When you order through the Revolution Robotics Shop, you will have the opportunity to review, correct and delete your data before you place the order. By clicking on the button “Buy”, or otherwise confirming your order, you are making a binding offer to purchase the products you have added to the virtual shopping cart.

Once you have ordered your products from the Revolution Robotics Shop, we will send you an automatic confirmation of receipt. This does not mean that the order has been accepted.

When you place your order with us, you are making an offer to buy, which is accepted by us when you receive a shipping confirmation email confirming the details of the ordered products, your online payment and delivery. It is, therefore, essential that you submit an accurate email address when placing your order.

  1. Can I refuse to agree to the Purchase Terms and still make a purchase?

No, you will only be able to place an order if you agree to these Purchase Terms. In order to place an order through the Revolution Robotics Shop, you must agree to these Purchase Terms by clicking the box "I agree to the Purchase Terms".

  1. What if the ordered products are not in stock?

We cannot guarantee that all the ordered products are available in our inventory at all times. We may make partial deliveries of products included in the same order if the products can be used separately. We will bear any additional shipping costs in such circumstances, and you will not be charged any extra costs due to partial deliveries. We will inform you as quickly as possible if a product is not available or cannot be delivered on time. If the product will not be available in the foreseeable future, we reserve the right not to accept your offer.

  1. What if I want the products sent somewhere other than my address?

It is possible for you to request delivery to an address other than your billing address. In these cases we will not include the price or billing details to the delivery address, since we will assume that the delivery is a gift to the recipient. Your pricing information will be included in your shipping confirmation email.

  1. Should I save a copy of the documents relating to my order?

Yes, we encourage you to print or save a copy of these Purchase Terms, your online payment information and shipping confirmation email, in case you need to contact us with any questions about your order. The shipping confirmation email will include a copy of these Purchase Terms. If you notice that any of the information emailed to you is incorrect, please contact us immediately so we can correct it.

B.    How should I understand the prices on Revolution Robotics Shop?

  1. How is the pricing of my order determined?

The pricing of your Revolution Robotics order is determined by the country to which you are shipping. If your order is shipped to the United States, all pricing is in US dollars. 

  1. If my Revolution Robotics order will be shipped to the United States, will taxes be included in the final price? 

Yes, an estimate of the applicable sales tax will be listed on the checkout page. The exact amount of sales tax charged will be calculated when your order is submitted and will be listed in your order confirmation. Sales taxes is calculated on the merchandise total, including shipping & handling charges when required by State law. 

We are required by law to collect sales tax on shipments to the following states: Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, and Wisconsin.

  1. If my Revolution Robotics order will be shipped to Canada, will taxes be included in the final price?

Yes, appropriate GST/HST, Quebec sales tax, British Columbia PST, Manitoba RST and Saskatchewan PST will be added based on the province to which your order is being shipped. Pricing includes any cost for duties. The taxes are shown in the virtual shopping cart and in the order review, so you can see the costs before placing the order. 

  1. Are delivery costs included in the prices?

No, delivery costs are not included in the prices unless otherwise specified. If it is not specified, the shipping cost will be added to your orders. The delivery costs are shown in the virtual shopping cart and in the order review, so you can see the costs before placing the order.

  1. What if the website shows a wrong price?

We do our best to ensure that all prices on our website are accurate. However, errors can sometimes occur. If we discover an error in the price of products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you or you do not reconfirm the order, the order will be cancelled.

C.    How do I pay?

  1. Which credit cards can I use?

You can use the following credit cards to pay for products from the Revolution Robotics Shop: Visa, MasterCard, American Express, and Discover (in the United States only—we do not accept Discover in Canada).

  1. What is the process when I use my credit card in the Revolution Robotics Shop?

When you use your credit card, the card will be pre-authorized for payment at the time of ordering. As part of this authorization process, your bank may place a hold on your account for the purchase amount of the order. The hold will be removed after a number of days determined by your bank. Check with your payment card provider for additional details. 

  1. When will The Revolution Robotics Foundation charge my credit card?

The Revolution Robotics Foundation will charge the amount for the items when your order is placed online. 

  1. Can I use PayPal?

Yes. If you select PayPal as your payment method, you will be taken to the PayPal website to login to your account. You will then be returned to the Revolution Robotics Shop to complete the checkout process. Please know that when you select “Check out with PayPal” from the shopping cart page, the delivery address you have with PayPal either by default or by choice, takes precedence over the delivery address registered for your account on Revolution Robotics Shop. Thus, you must ensure that the PayPal delivery address is the correct address for the delivery of your Revolution Robotics Shop purchases. We shall not be liable if the delivery address listed in the PayPal account used by you is not your current or correct address. 

  1. Can I pay by invoice?

Yes, you can pay by invoice for larger orders (i.e. if you are a School District) with prior agreement between you and us. Please email info@revolutionrobotics.org for information and assistance for large orders.

  1. Can I pay by check?

We apologize, but we do not accept checks, money orders or purchase orders.

D.    How are my orders delivered?

  1. When can I expect to receive my orders?

Delivery times vary and depend on the delivery address for your order. In general, you may expect to receive your order within 10 business days. For further details and an estimated date of delivery, please see the Shipping and Handling section of the Revolution Robotics Shop. You may also see the estimated delivery time in your virtual shopping cart.

  1. Will I be charged for delivery costs?

Yes, delivery costs will be added to the prices of the ordered products. Shipping costs vary depending on the value or your order. You can see the delivery costs in your virtual shopping cart and in the order review.

  1. How will The Revolution Robotics Foundation help me if I am missing a part of a Revolution Robotics set? 

If your new Revolution Robotics set is missing parts or has faulty parts, we replace these parts free of charge. We strive to make this free replacement available in the United States (including its territories and possessions) and Canada, but reserve the right to change the availability of this service at any time without prior notice. 

  1. What if my orders are delayed?

We make every possible effort to deliver products within the estimated timescales as indicated in your virtual shopping cart and order review. However, delays can sometimes happen due to unforeseen events beyond our control. If your order is delayed, you will be informed of this as quickly as possible.

You agree to let us deliver within an additional period of time appropriate to the circumstances. If we fail to deliver the products within that additional period of time, you are entitled to cancel your order. In such cases, you will, of course, not be charged for any unshipped products. If you want to cancel your orders, please contact our Customer Service.

  1. What if the products are damaged during transport?

If your products are damaged during transport, we will be responsible for such damages. 'During transport' refers to the period during transport until you or someone appointed by you, other than the carrier, has taken physical possession of the products. 

If you choose to return the products (regardless of the situation), you will be responsible for damage to the products caused during return transport.

E.    What should I do if I am not satisfied with my order and/or my experience with the Revolution Robotics Shop?

  1. What should I do if I am not satisfied with my order?

If for any reason you are not entirely satisfied with an order, please contact Customer Service. Our Customer Service will work with you to try to find the best solution to make you satisfied with your order from the Revolution Robotics Shop. Please email info@revolutionrobotics.org.

  1. How may I return a product?

You may return Revolution Robotics products under the terms of our Return Policy. Email us at info@revolutionrobotics.org

Please keep any faulty or broken items until you have received your replacement from us. This is important, since we may ask you to return the faulty or broken items to our Quality Department for inspection. After all, we want to make sure the error does not happen again. If we ask you to return something to us, we will pay for your shipping fees either upfront or as soon as you have sent us the receipt for the postage cost.

F.     Are there any other things I should know about?

  1. How does electronic communication between me and The Revolution Robotics Foundation work?

When visiting the Revolution Robotics Shop or sending emails to our Customer Service team, you are communicating electronically with us. We communicate with you by email or by posting notices on the website. For contractual purposes you consent to receive electronic non-marketing communications from us, and agree that all agreements, notices, disclosures and other electronic communications that we provide satisfy any legal requirement that such communications be in writing. When placing an order, you may also elect to receive marketing and other communications from us. This clause does not affect any statutory rights you might have.

  1. To what extent is The Revolution Robotics Foundation liable?

(Not Applicable to Quebec consumers) TO THE FULLEST EXTENT ALLOWED BY LAW, OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS DESCRIBED IN THESE PURCHASE TERMS, AND OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE REVOLUTION ROBOTICS SHOP, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

For the avoidance of doubt, the foregoing shall not preclude your recovery of damages for personal injury, loss or damage to personal property, or unauthorized use or disclosure of personally identifiable information caused by our negligence, gross negligence, recklessness, fraud or other willful, unconscionable or intentional misconduct. Nothing herein shall be construed to limit the clearly established legal right of a consumer to recover attorneys’ fees or other remedies afforded by statute or other law.

  1. What can I expect from the images of the products I see on the website? 

The images of the products on our website are for illustrative purposes only. We try hard to portray the items on our website accurately, however slight variations may occur. All measurements quoted are approximate and the reproduction of colours is as accurate as photographic and publishing processes will allow. Please note there may be variations in colours dependent on the calibration and settings of individual screens. Attention to detail is very important to us. Still, typing errors can happen. In such cases, we’ll correct the error and follow the correct information.  

  1. What if parts of these Purchase Terms are deemed unlawful or invalid?

Should any part of these Purchase Terms be deemed unlawful and/or invalid and thus not enforceable, this will not affect the validity and enforcement of the remainder of the Purchase Terms.

  1. What law will apply?

These Purchase Terms are governed by, and construed in accordance with, the laws of the State of California, United States of America, without regard to the conflict of law provisions thereof to the extent such principles or rules would require or permit the application of the laws or any jurisdiction other than those of the State of California. As you are contracting as a consumer, this will not affect your statutory rights.

G.    How do I register my team from the Revolution Robotics Foundation competition?

Visit our website’s “Start a Team” page.