Terms of Use

Effective Date: June 1, 2019

Welcome to Ropegun. Helping you know and understand your rights and our (“Ropegun”, “we”, “us”, or “our”) rights relating to your use of Ropegun’s mobile application and website (collectively, the “Service ").

To understand the what data Ropegun collects, how we collect that data, and all uses of that data in relation to our mobile application and website, please read our Privacy Policy.

Terms

Ropegun websites, mobile applications, and services (collectively, the “Service”) are made available to you by Ropegun, Inc. with its address at 872 Higuera Street, San Luis Obispo, CA 93401, USA, subject to these Terms of Use (the “Terms”) and in agreement with the Ropegun Privacy Policy (the “Privacy Policy”).

Our Terms of Use apply to all visitors, users, and anyone who accesses the Service (“Users”). When you create a Ropegun account or use Ropegun's Service, you agree to these Terms. If you do not agree to these terms, do not access or use the Service.

This agreement was written in English. To the extent a translated version conflicts with the English version, the English version controls. Unless indicated otherwise, these Terms of Use do not apply to third party products or services or the practices of companies that we do not own or control, including other companies you might interact with on or through our Service.

Ropegun headquarters are in San Luis Obispo, California and our Service is provided to you by Ropegun, Inc. Questions or comments about this Privacy Policy, our Terms of Use, or our Service can be submitted by email to contact@ropegun.io or by mail to the address below:

Ropegun, Inc.
872 Higuera Street
San Luis Obispo, CA 93401
USA

Dispute Resolution Notice: You agree that disputes between you and Ropegun will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration, unless you opt-out in accordance with the instructions below.

Registration and Accounts

If you access or use the Service on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. In such case, the term “you” will refer to such entity and its affiliates. You man not access or use the Service on behalf of a company or other entity if you do not have the authority.

Our Service is intended for access and use solely by persons who are 18 years old or such higher age required in your country. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms of Use on your behalf.

Account Information

To use our Service, you must create an account. You agree to provide true, accurate, current and complete information about yourself including your first name, last name, and email (collectively "Account Information”). You also agree to maintain and promptly update Personal Information. If you provide inaccurate or not current Account Information Ropegun has the right to suspend or terminate your account and refuse current or future use of our Service. If Ropegun has reasonable grounds to suspect that Account Information is inaccurate or not current, Ropegun has the right to suspend or terminate your account and refuse current or future use of our Service.

If the username associated with your account is inappropriate, Ropegun has the right to suspend or terminate your account and refuse current or future use of our Service.

You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and mobile device while logged into the Services. You agree to immediately notify Ropegun of any breach of security related to your account, password, or Account Information and confirm that you understand all risks of unauthorized access to this and any other information you provide to Ropegun.

User Content and Behavior

Ropegun uses the information we collect to operate and improve our Service. For example, Session Information and Calculated Session Information is used to provide performance analytics to Users and generate charts to display long and short term performance trends for Users. Additionally, Usage Information and Calculated Usage Information may be used better understand and track how our Service is used so that it can be improved.

User Content

You own the information, text, sound, photographs, graphics, video, or other materials you make available to our Service (collectively, for “Content"). You grant Ropegun non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display any Content and any name, username or likeness that you post on or in connection with the Services in all media formats and channels known or later developed without compensation to you. You can end this license when you delete your Content or your account.

You are solely and entirely responsible for all Content that you make available in connection with the Service. Ropegun does not consistently monitor Content made available to our Service or assure the accuracy, validity, or quality of any Content in relation to the Service. You confirm and understand that by using our Service, you may be exposed to Content that is offensive, inappropriate, or otherwise objectionable. Ropegun will not be liable in any way for any Content under no circumstances. You agree we are not responsible for, nor endorse, Content made available in relation to the Service. Ropegun is also not responsible for any use or disclosure of any Content you make available through the Service.

User Behavior

The Service we provide is for your personal and noncommercial use. You may not reproduce, license, transfer, sell, copy, modify, distribute, perform, publish, display, transmit, or create derivative works from for any commercial purposes any portion of our Service, use of our Service, or access to Content in relation with our Service.

You may not assist or encourage anyone or any party to use the Service, or use the Service yourself, to participate in any of the following Forbidden Activities:

You are granted a limited, non-exclusive right to create a text hyperlink to the Service for non-commercial use only, provided such link does not portray Ropegun or any of its Service in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, harassing, illegal, inappropriate or otherwise objectionable material.

You understand that Ropegun shall have no responsibility for your acquisition or use of any equipment or materials you may use to access the Service and does not guarantee that such equipment or materials will function with the Service or will be free of error.

You understand that you are responsible for any charges associated with sending communications via your device.

You are understand that:

User Interactions

Ropegun is not involved in interactions between Users and thus has no control over the quality, legitimacy, accuracy, truth, or safety of posts created by Users. Ropegun is not responsible for confirming identity of Users, qualifications of Users, nor the abilities of Users. If you choose to use our features to inform someone about our Service, Ropegun may contact that person via a one-time email. You designate that you are authorized to provide any third party contact information that you provide to Ropegun and that you, and Ropegun on your behalf, are authorized to use such information to contact the third party.

You agree to use any communication method made available on the Service only to send communications and materials related to the subject matter for which Ropegun provided the communication method. You also agree that all such communications by you shall be deemed your Content and be subject to and governed by the Terms and applicable law. By communication methods available through the Service, you agree that

Property Rights

The Service we provide is for your personal and noncommercial use. You may not reproduce, license, transfer, sell, copy, modify, distribute, perform, publish, display, transmit, or create derivative works from for any commercial purposes any portion of our Service, use of our Service, or access to Content in relation with our Service.

The Ropegun logo, and other Ropegun logos, product, and service names are owned by Ropegun, Inc.. You may not use or display such property of Ropegun in any way without Ropegun’s prior written permission.

Ropegun reserves all rights not expressly granted hereunder.

Feedback

Ropegun encourages and appreciates any comments, feedback, suggestions, and other communications regarding our Service that you provide (collectively, “Feedback”). By providing Feedback, you grant Ropegun a non-exclusive, worldwide, assignable, sub-licensable, transferable, perpetual, irrevocable, royalty-free license to distribute, copy, perform, display publicly, and create derivative works of such Feedback and to sell, use, make, import, export, and make available for purchase products and services based on such Feedback.

Warranties and Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. ROPEGUN AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES REGARDING SUCH INFORMATION, SOFTWARE PRODUCTS, SERVICES, AND CONTENT. ROPEGUN AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT

YOU AGREE THAT YOUR ATHLETIC ACTIVITIES (INCLUDING, BUT NOT LIMITED TO CLIMBING, STRENGHT TRAINING, OR FOLLOWING A ROPEGUN TRAINING PLAN) INHERENTLY CARRY SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF ROPEGUN OR BY THE ACTION, INACTION, OR NEGLIGENCE OF OTHERS.

YOU AGREE THAT ROPEGUN DOES NOT ASSUME RESPONSIBILITY FOR THE SUPERVISION, PREPARATION, INSPECTION, OR CONDUCT OF ANY COMPETITION, CHALLENGE, OR GROUP ACTIVITY THAT UTILIZES THE SERVICES.

YOU AGREE TO EXEMPT ROPEGUN, ITS AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS, AND LICENSORS (COLLECTIVELY, THE “EXEMPT PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ATHLETIC ACTIVITIES AND/OR USE OF THE ROPEGUN MOBILE APPLICATION, SERVICES, PRODUCTS, AND ROMISE NOT TO SUE THE EXEMPT PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU AGREE THAT IN NO EVENT SHALL THE EXEMPT PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PUNITIVE, INDIRECT, DIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICES, (b) ANY DELAY OR INABILITY TO USE THE SERVICES EXPERIENCED BY YOU, OR (c) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR CONTENT OBTAINED THROUGH THE SERVICES, EVEN IF ROPEGUN HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

NOTE, BECAUSE SOME JURISDICTIONS AND STATES DO NOT ALLOW ONE OR MORE OF THE EXCLUSIONS OF LIABILITY ABOVE, SOME OF THE EXCLUSIONS OF LIABILITY ABOVE MAY NOT APPLY TO YOU. BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND WAIVE THE BENEFITS OF, SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, (AND ANY SIMILAR LAW OF ANY TERRITORY, JURISDICTION, STATE OR COUNTRY) WHICH IMPARTS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

ROPEGUN DOES NOT ENDORSE YOUR CONTENT OR ANY OTHER USERS CONTENT AND DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY ENTITY OR PERSON FOR ANY LIABILITY, LOSS, INJURY, DAMAGE, OR OTHER CAUSE OF ANY TYPE OR CHARACTER RESULTING FROM OR BASED UPON ANY CONTENT AVAILABLE ON THE SERVICE

THE COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU IN ACCORDANCE WITH THESE TERMS WILL NOT EXCEED FIFTY DOLLARS ($50).

You agree to indemnify and hold Ropegun and its affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand made by any third party due to or related to Content you make available on the Service, your use of the Service, your activities which generate Content, your connection to the Service, your violation of the Terms, your violation of any data protection or privacy laws, or your violation of any rights of another entity or person unless the laws of your country of residence do not permit it.

California User Notice

Under California Civil Code Section 1789.3, California Services members are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Dispute Resolution

Arbitration

Except for disputes relating to Ropegun’s intellectual property or if you opt out of this agreement to arbitrate, the parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations, which will be a precondition to the initiation of an arbitration or lawsuit by either party. If you opt out of this agreement to arbitrate, all claims relating to your use of our Service will be settled by binding arbitration administered by JAMS in accordance with its provisions and procedures for consumer-related disputes, excluding those rules or courses of action governing or allowing class actions. The arbitrator shall have exclusive authority to resolve all disputes relating to these Terms and will have the power to grant whatever relief would be available in court; provided that the arbitrator will not have the authority to award damages, remedies, or awards that conflict with these Terms. The award established by the arbitrator will be binding on the parties and may be entered as a judgement in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Ropegun will pay the additional cost. You and Ropegun, as a result of this document, waive trail by jury. Additionally, you agree not to become involved or participate in claims brought in a private attorney general or representative capacity, or consolidate claims involving another User’s account, if Ropegun is a party to the proceeding. This provision regarding dispute resolution will be governed by the Federal Arbitration Act and does not apply to Users who live in the European Union.

The parties understand that, without this provision, they would have the right to sue in court and have a trial by jury. They also understand that the costs of arbitration could possibly exceed the costs of litigation and that the right to discovery may be more limited in arbitration than court.

Class-Action Waiver

The parties also agree that any arbitration shall not be conducted as a class action or other representative action except in the parties individual capacities. This arbitration provision will be deemed null and void in its entirety if any court or arbitrator determines that the class-action waiver set in this section is unenforceable or void for any reason and the parties shall be deemed to have not agreed to arbitrate disputes.

Small Claims Court Exception

Despite the parties’ decision to resolve disputes through arbitration, either party may also settle in small claims court for disputes or claims within the scope of that court’s jurisdiction.

Time Limitation for Claims

You agree that any claim you may have regarding or related to your relationship with Ropegun, the Service, and these Terms must be filed within one year after such a claim arose; otherwise, your claim is permanently barred. If you are based in the European Union, this provision does not apply, in which case time limitations will be determined in accordance with governing law for EU users mentioned below.

Choice of Law and Forum

Any action related to the Terms, Content, the Service, and your relationship with Ropegun shall be governed by, and construed and interpreted in accordance with, the laws of the State of California without regard to its conflict of laws principles and will specifically not be governed by the United Nations conventions on contracts for the international sale of goods, if otherwise applicable. Subject to the Section titled “Dispute Resolution”, the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts embracing San Francisco, California and you consent to the exclusive jurisdiction of the federal or state courts embracing San Francisco, California. If any party brings any suit or action against another for relief arising out of these Terms, the winning party shall have and recover against the other party such sum as the court may adjudge to be reasonable attorneys’ fees in addition to all court costs and disbursements. Except to the extent that it is prohibited by law, the parties agree that any claim or cause of action related to or arising out of the use of the Service or the Terms must be filed within one (1) year after such claim or cause of action came about or be forever barred.

For Users who are based in the European Union, the above paragraph does not apply and, instead, the Irish law will apply to the Terms. The Irish courts, then, shall have exclusive jurisdiction to hear disputes arising out of or relating to these Terms. Despite this, your local laws may allow you to take legal action against Ropegun in your European Union Member State and to invoke certain local laws against Ropegun.

United States Operation

The Service is owned and controlled by Ropegun from its offices within the United States of America. Ropegun makes no depiction or claim that the Content or Service are appropriate or available for use in other locations. Use of or access to the Service or Content from territories where such access is illegal is forbidden. Anyone who chooses to access the Service from a location or locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.

Termination of Accounts

You agree that Ropegun may immediately terminate your account and/or access to the Service under certain circumstances or without prior notice. Such circumstances may include, but are not limited to, breaches or violations of these Terms and other policies. You agree that all causes for terminations shall be made at Ropegun’s sole discretion and that Ropegun will not be liable to you or any third party for any termination of your account or access to the Service. The following Sections will survive termination of your account and/or the Terms: User Content, Property Rights, Warranties and Liabilities Disclaimer, Applicable Laws, and General.

General

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ropegun as a result of the Terms or your use of the Service. Failure of Ropegun to exercise or enforce any right or provision of the Terms will not constitute a waiver of such a right or provision. The Terms amount to the entire agreement between you and Ropegun with respect to your use of the Service. If any provision or right of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not transfer, assign, or otherwise delegate your account or your obligations under these Terms without prior written consent of Ropegun. Ropegun has the right in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Services. Ropegun’s notice to you via email, regular mail, notices, posts, or links on the Services shall amount to acceptable notice to you under these Terms. A printed version of the Terms and any electronic notice given will be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents originally generated and maintained in printed form. Section titles and headings in these Terms are for your convenience only and have no legal or contractual effect. Any rights not expressly granted in this document are reserved.

Updates and Modification of the Terms and Service

Ropegun reserves the right to update the Terms at any time for any reason at its sole discretion. You will be notified by any material changes to the Terms or to any feature of the Service by Ropegun. Through your continued use of the Service after Ropegun has provided you with a notice of modification or update to the Terms or Service, you are agreeing to be bound by the modified Terms. Stop using the Service if the modified Terms or Service are not acceptable to you.

Ropegun may make improvements and/or changes to the Service, products, services, mobile applications, features, software, programs, and prices at any time for any reason at its sole discretion. Our mobile application may download and install updates, upgrades, and new features in order to improve, update, change, and further develop the Service. Ropegun reserves the right at any time to discontinue or modify the Service or any portion of the Service with or without notice whether it be temporary or permanent. You agree that Ropegun is not and will not be liable to you or any other party for any modification, suspension, or cancellation of the Service.

Support

We will respond to any questions you have regarding the Service and these Terms sent to contact@ropegun.io.