Last updated: May 8, 2023
Welcome to Remble. Remble provides expert-led courses, therapeutic practices and exercises, interactive videos and other curated content for helping people (“Customers” or “you”) to improve their mental health and build happier, healthier relationships (as modified, the “Remble Programs”). The website at https://www.remble.com/ (the “Site”), the mobile applications (the “Mobile Apps”) and the various other related content, exercises, tools, services and other features, functions, software, applications and websites (together with the Remble Programs, the Site, the Mobile Apps, collectively the “Remble Services”) are provided and operated, and are being made available to you, the other Customers and the other users of any of the Remble Services (collectively, “Users”) by Remble, Inc. (“Remble”, “us” or “we”). All defined terms used herein shall have the meanings prescribed to these terms in these Terms of Service.
These Terms contain an Arbitration provision that will, with limited exception, require you to submit disputes you have against Remble to binding and final arbitration. You will only be permitted to pursue claims against Remble on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
TO ACCESS AND USE THE REMBLE PROGRAMS, THE SITE, THE MOBILE APPS AND THE OTHER REMBLE SERVICES, YOU MUST BE AT LEAST 18 YEARS OF AGE. BY CLICKING “I AGREE,” ACCESSING AND USING THE REMBLE PROGRAMS OR ANY OF THE OTHER REMBLE SERVICES, YOU REPRESENT THAT:
● YOU HAVE NEVER PREVIOUSLY BEEN SUSPENDED OR REMOVED FROM THE REMBLE PROGRAMS, OR ANY OF THE OTHER REMBLE SERVICES;
● YOU CONFIRM THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH REMBLE;
● YOU WILL COMPLY WITH THESE TERMS AND ALL APPLICABLE LOCAL, STATE, NATIONAL AND INTERNATIONAL LAWS, RULES AND REGULATIONS; AND
● YOU ARE NOT A COMPETITOR OF REMBLE AND DO NOT INTEND TO USE THE REMBLE PROGRAMS OR ANY OF THE OTHER REMBLE SERVICES FOR REASONS THAT ARE IN COMPETITION WITH THE REMBLE SERVICES OR OTHERWISE TO REPLICATE SOME OR ALL OF THE REMBLE SERVICES FOR ANY REASON.
3. The Remble Programs
3.1 Access Plans. You may access some or all of the Remble Programs through any one of the following options:
(a) Subscriptions. Remble offers three (3) premium subscription plans: (i) a monthly subscription, (ii) a quarterly subscription and (iii) an annual subscription (collectively, the “Subscriptions”). You will be able to access all of the Remble Programs through any of the Subscription options. Your Subscription will automatically renew at the end of the applicable subscription period unless you cancel your Subscription by notifying us at firstname.lastname@example.org prior to the termination of the then applicable subscription period.
(b) Freemium Plan. Remble also offers a free plan pursuant to which you will be able to access certain limited features of the Remble Programs (collectively, the “Freemium Plan”). Your access to these limited features under the Freemium Plan does not expire.
(c) Free Trial. You may access the Remble Programs for free for up to seven (7) days (the “Trial Period”) through a free trial (the “Free Trial”). You will be required to provide a credit or debit card in accordance with Section 3.2(a) when you register for a Free Trial which will automatically be charged in accordance with Section 4.2 if you do not cancel the Free Trial before it expires by notifying us at email@example.com.
3.2 Accessing and Using the Remble Programs.
(a) To access and use the Remble Programs through a Subscription, the Freemium Plan or the Free Trial, you must register and create an account at app.remble.com or through the Mobile Apps. For the Free Trial or any Subscription, you will also need to provide a valid credit or debit card for payment of the applicable Subscription Fees (“Payment Information”) when you register.
(b) You may access and use the Remble Programs through the Site and the Mobile Apps. To access and use the Remble Programs through the Mobile Apps, you must first download the Mobile App onto your phone or other mobile device from the Apple App Store or the Google Play Store (coming soon) (each an “App Store”).
(c) In registering and creating an account, you agree to (i) provide true, accurate, current, and complete information about yourself as prompted during the registration and account creation process (“Registration Data”), and (ii) maintain and promptly update the Registration Data, including your Payment Information, to keep it true, accurate, current and complete at all times. You are responsible for all activities that occur under your account. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Remble has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Remble has the right to suspend or terminate your account and prohibit you from accessing and using the Remble Programs and/or any of the other Remble Services. You agree not to create an account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one account. You agree not to create an account or to access and use the Remble Programs or any of the other Remble Services if you have been previously removed by Remble or if you have been previously banned from accessing and using the Remble Programs or any of the other Remble Services.
(d) When accessing the Remble Programs through the Mobile App that was downloaded from an App Store, you acknowledge and agree that: (a) these Terms are concluded between us, and not with the App Store, and that we are solely responsible for the Mobile App (and not the App Store); (b) the App Store has no obligation to furnish any maintenance and support services with respect to the Mobile App; (c) the App Store is not responsible for addressing any claims you have or any claims of any third party relating to the Mobile App or your possession and use of the Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and (iv) any third party claim that the Mobile App or your possession and use of the Mobile App infringes that third party’s intellectual property rights; and (d) you must also comply with all applicable third party terms of service, including the Apple App Store Terms and Conditions and the Usage Rules or the Google Play Terms of Service, when using the Mobile App.
3.3 Not Psychiatric, Psychological, Medical, or Healthcare Services. REMBLE DOES NOT PROVIDE PSYCHIATRIC, PSYCHOLOGICAL, MEDICAL, OR OTHER HEALTHCARE SERVICES. REMBLE PROVIDES THE REMBLE PROGRAMS AND THE REMBLE SERVICES TO HELP ITS CUSTOMERS IMPROVE THEIR MENTAL HEALTH AND BUILD HAPPIER, HEALTHIER RELATIONSHIPS. THE REMBLE PROGRAMS AND THE REMBLE SERVICES ARE NOT AND SHALL NOT BE INTERPRETED TO BE PROFESSIONAL PSYCHIATRIC, PSYCHOLOGICAL OR OTHER HEALTHCARE SERVICES. YOUR USE OF THE REMBLE PROGRAMS OR THE REMBLE SERVICES DOES NOT AND SHALL NOT BE INTERPRETED TO CREATE A PROFESSIONAL HEALTHCARE RELATIONSHIP BETWEEN YOU AND REMBLE OR ANY OF ITS OWNERS, DIRECTORS, OFFICERS, STAFF, OR AFFILIATES. THE REMBLE PROGRAMS AND REMBLE SERVICES ARE NOT AND SHALL NOT BE INTERPRETED TO BE, OR USED AS, A SUBSTITUTE FOR PSYCHIATRIC, PSYCHOLOGICAL, OR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD ALWAYS DISCUSS ANY QUESTIONS OR CONCERNS THAT YOU MIGHT HAVE ABOUT YOUR HEALTH OR MEDICAL CONDITION, INCLUDING YOUR MENTAL HEALTH, WITH A LICENSED HEALTHCARE PROVIDER. IN THE EVENT YOU ARE EXPERIENCING A MENTAL HEALTH EMERGENCY, YOU AGREE TO CONTACT 911 OR 988 OR GO TO THE NEAREST EMERGENCY DEPARTMENT.
4. Fees, Payments and Refunds
4.1 Fees. The current fees for the different Subscriptions plans (as modified, the “Subscription Fees”) are available when you register for a Free Trial or a Subscription.
4.2 Payment and Taxes.
(a) Payments. The applicable Subscription Fees shall be paid in accordance with Section 4.2(b) (i) upon purchase of a Subscription and at renewal of your Subscription or (ii) if you fail to cancel the Free Trial before it expires. You hereby authorize Remble to automatically charge your credit or debit card through the Payment Processor for any such Subscription Fees.
(b) Payment Processing. The Subscription Fees made in connection with your Subscription shall be made through a third-party payment processor directed by Remble (e.g., Payfactory, Stripe, etc.) (any such third-party payment processor, the “Payment Processor”). Payment processing services for the Remble Programs are currently provided by Payfactory and are subject to terms of service of Payfactory (as modified from time to time, the “Payment Processing Terms”). By agreeing to the applicable Payment Processing Terms or continuing to access or use the Remble Programs, you agree to be bound by the Payment Processing Terms. As a condition of Remble’s enabling payment processing services through a Payment Processor, you agree to provide the Payment Processor accurate and complete information about you, your credit or debit card or bank account and such other information required by the Payment Processor, and you authorize Remble to share any relevant transaction information to the Payment Processor.
(c) Future Services. In paying the Subscription Fees, you acknowledge and agree that you are not relying on future availability of the Remble Programs beyond the subscription period for which the Subscription Fees that you paid applies.
4.3 Changes in Fees and Payment Methods.
Remble reserves the right at any time to change the Subscription Fees (including to begin charging for services that it is currently providing free of charge or for new features) and billing methods, either immediately upon posting on the Site or any of the Remble Services or by notifying you by email.
YOU MAY RECEIVE A REFUND FOR ANY SUBSCRIPTION FEES FOR ANY REASON BY NOTIFYING US AT SUPPORT@REMBLE.COM WITHIN SEVEN (7) DAYS OF THE PAYMENT OF THE SUBSCRIPTION FEES. SUBJECT TO THE FOREGOING, THE SUBSCRIPTION FEES AND ALL OTHER FEES ARE NON-REFUNDABLE, NON-CANCELLABLE AND NON-CREDITABLE UNLESS OTHERWISE REQUIRED BY LAW OR AGREED TO BY REMBLE IN ITS SOLE DISCRETION.
5. User Content
(i) Definition of User Content. You may now or in the future be able to post or submit private content, including journal entries, voice recordings, questionnaire answers and other private content and information (collectively, “Private User Content”) and public content, including comments, testimonials and other public content and information (collectively, “Public User Content” and together with the Private User Content, collectively, “User Content”) on or through the Remble Programs, the Site and or the other Remble Services. You may remove any Private User Content by notifying us at firstname.lastname@example.org at any time.
(ii) Ownership of User Content. Remble does not claim any ownership rights in any User Content. You retain your rights to any User Content that you post or submit on or through the Remble Services.
(iii) Responsibility for User Content. You are solely responsible for the accuracy, quality, integrity, legality, reliability and appropriateness of your User Content and the consequences of posting your User Content, including the use of your User Content by those with whom you choose to share it.
By uploading, sharing and publishing your User Content, you affirm, represent, and warrant that: (A) you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to post your User Content; (B) your User Content does not and will not: (1) 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 (2) slander, defame, libel, or violate or invade the right of privacy, publicity or other rights of any person or entity; and (C) your User Content does not contain any viruses, adware, spyware, worms, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of any of the Remble Services.
6. Mental Health Assistant
As part of our Services, we offer software tools using generative artificial intelligence, what is commonly called an AI bot. These software tools, named Mental Health Assistant and Mental Health Provider Assistant, were developed using the OpenAI artificial intelligence ChatGPT.
THE REMBLE CHATBOTS HOWEVER DO NOT REPLACE MEDICAL ADVICE AND DO NOT CONSTITUTE A PATIENT-PROVIDER RELATIONSHIP.
We’re using Mental Health Assistant to provide a more natural interface for Customers and other Users to interact with the Remble Programs and the other Remble Services. THE CHATBOTS HOWEVER DO NOT REPLACE MEDICAL ADVICE AND DO NOT CONSTITUTE A PATIENT-PROVIDER RELATIONSHIP.
The chatbot can be used for a variety of purposes, including:
• Goal setting
• Re/engaging the user with tips or comments
• “Ask Remble” Q&A
As with all of the Remble Services, the use of the Mental Health Assistant is only for your own internal, personal, non-commercial use and only in a manner that complies with all applicable laws. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services.
When you use the Mental Health Assistant provided to you on the Remble App, the following terms will apply:
USE OF THE SERVICES IS NOT FOR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, CALL 911 OR 988 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.
IF YOU ARE CONSIDERING OR COMMITTING SUICIDE OR FEEL THAT YOU ARE A DANGER TO YOURSELF OR TO OTHERS, YOU MUST DISCONTINUE USE OF THE SERVICES IMMEDIATELY, CALL 911 OR 988 OR NOTIFY APPROPRIATE POLICE OR EMERGENCY MEDICAL PERSONNEL.
We’re using Mental Health Provider Assistant to provide a more natural interface for Customers and other Users to interact with the Remble Programs and the other Remble Services.
The Mental Health Provider Assistant is only for use in a manner that complies with all applicable laws. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services.
When you use the Mental Health Assistant provided to you on the Remble App, the following terms will apply:
1. The AI-assistant should not replace your clinical judgment: Instead, it can be a valuable tool to support your decision-making and enhance your ability to provide effective, evidence-based care.
2. Use your professional judgment: The information provided is not intended to be a substitute for professional advice, diagnosis, or treatment, and should not be used as such.
3. Verify the information produced by the AI-assistant for accuracy: While the AI strives to provide accurate information, providers must use their professional judgment to ensure that the information is accurate and appropriate for their clients.
4. Seek out additional information and resources to supplement the information provided by the generative AI. It is essential to verify all information produced by the AI-assistant for accuracy, notably URLs that can change quickly or resources that may change phone and text contact information.
5. Ethical Standards: Use the information provided by the generative AI in accordance with your professional judgment and ethical standards: As a provider, you are responsible for ensuring that the information provided by the website is used in an ethical and responsible manner.
By using the Mental Health Assistant, you agree to abide by these guidelines and to use the information provided by the generative AI in accordance with your professional judgment and ethical standards.
7. Grant of Rights; Unauthorized Use.
7.1 Grant of Rights.
Subject to your compliance with all the terms and conditions set out in these Terms, Remble hereby grants to you a limited, non-exclusive, non-transferable, freely revocable right to access and use the Remble Programs, the Site and the other Remble Services, to the extent of, and in accordance with, these Terms.
7.2 Prevention of Unauthorized Use.
Remble reserves the right to exercise whatever lawful means it deems necessary to prevent the unauthorized access or use of the Remble Programs, or the circumvention of the other Remble Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
8. Additional Policies.
When accessing or using any of the Remble Services, you may be subject to any additional posted policies, guidelines or rules applicable to the Remble Programs, the Site and the other Remble Services which may be posted from time to time (as modified from time to time, the “Policies”). All such Policies are hereby incorporated by reference into these Terms.
9. Respecting other People’s Rights.
Remble respects the rights of others and so should you. You shall treat all other Users with respect, including the other Customers.
10. Modification of these Terms.
Remble reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the Site, or any of the other Remble Services. If Remble updates these Terms, it will update the “last updated” date at the top of the Terms. Please check these Terms, including any Policies, periodically for changes. Your continued use of the Remble Programs, or any of the other Remble Services after the posting of changes constitutes your binding acceptance of such changes. In the event of a change to these Terms that materially modifies your rights or obligations (including applicable fees), Remble will use commercially reasonable efforts to notify you of such change. Remble may provide notice through a pop-up or banner within the Remble Services, by sending an email to any address that we may have for you, or through other similar mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, Remble may require you to provide consent by accepting the changed Terms. If Remble requires your acceptance of the changed Terms, changes are effective only after your acceptance. For all other changes, except as stated elsewhere by Remble, such amended Terms or fees will automatically be effective, replacing the previously-effective Terms or fees, thirty (30) days after they are initially posted on any of the Remble Services. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF ALL OF THE REMBLE SERVICES.
To the extent that any modifications to the Terms or Policies are not allowed under applicable laws, the prior most recent version of the Terms or Policies shall continue to apply.
11. Digital Millennium Copyright Act.
It is Remble’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to Remble’ DMCA Notification Guidelines at https://Remble.is/DMCA/. If you file a notice with our copyright agent, it must comply with the requirements set forth in 17 U.S.C. § 512(c)(3). Remble reserves the right to terminate without notice any User’s access to the Site and the other Remble Services if that User is determined by Remble to be a “repeat infringer.” In addition, Remble accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
12. Prohibited Conduct.
BY ACCESSING OR USING ANY OF THE REMBLE PROGRAMS OR OTHER REMBLE SERVICES, YOU AGREE NOT TO:
12.1 Access or use any of the Remble Programs or other Remble Services for the benefit of anyone other than yourself except in accordance with these Terms, including selling, reselling or distributing, in whole or in part, the Remble Programs or other Remble Services, or using the Remble Programs as part of a service bureau or outsourcing offering;
12.2 Provide any services, directly or indirectly, that are similar to, or based on, the Remble Programs or any of the other Remble Services;
12.3 Copy, disclose, or distribute any data or other information available through the Remble Programs, the Site or any of the other Remble Services, including any information, in any medium, including without limitation on the Site, by any automated or non-automated “scraping;”
12.4 Interfere with, circumvent or disable any security or other technological features or measures of the Remble Programs or attempt to gain unauthorized access to the Remble Programs;
12.5 Use bots or other automated methods to: access the Remble Services, download any information, send or redirect messages or perform any other activities through the Remble Programs or any of the other Remble Services;
12.6 Take any action that Remble determines, in its sole discretion, imposes or may impose, an unreasonable or disproportionately large load on its infrastructure;
12.7 Upload invalid data, viruses, worms or other software agents through the Site and/or any of the other Remble Services;
12.8 Impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;
12.9 Access and use the Remble Programs or any of the other Remble Services for any unlawful or inappropriate activities, such as gambling, obscenity, pornography, violence, transmission of deceptive messages, or harassment; or
12.10 Use any of the Remble Services for any commercial solicitation purposes.
13. Third-Party Sites.
The Site, the Mobile Apps and/or any of the other Remble Services may now or in the future include links or references to other web sites or services (“Third-Party Sites”) solely as a convenience to our Users. These sites or services may include links to the information about education and other sites or services that we think may be of interest to our Users. Remble does not endorse any such Third-Party Sites or the services, information, materials, products, or services contained on or accessible through Third-Party Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through any of the Remble Programs are solely between you and such advertiser. Access and use of Third-Party Sites, including the information, materials, products, and services on or available through Third-Party Sites are solely at your own risk.
14. Mobile and Data Services.
You are responsible for any mobile and data charges that you may incur in connection with the access and use the Remble Programs or any of the other Remble Services. If you’re unsure what those charges may be, you should ask your service provider before using any of the Remble Programs or other Remble Services.
You agree that Remble in its sole discretion, for any or no reason, may terminate your access and use of any of the Remble Programs or other Remble Services and remove and discard all or any part of your information, at any time. Remble may also in its sole discretion and at any time discontinue providing access to the Remble Programs or any of the other Remble Services, or any part thereof, with or without notice. You agree that any termination of your access and use any of the Remble Programs or other Remble Services may be effected without prior notice, and you agree that Remble will not be liable to you or any third party for any such termination. Remble reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Remble to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies that Remble may have at law or in equity. As provided herein, Remble does not permit copyright infringing activities on the Site or any of the other Remble Services, and Remble shall be permitted to terminate access to any of the Remble Programs or other Remble Services. BY ACCEPTING THESE TERMS, YOU WAIVE AND SHALL HOLD REMBLE HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY REMBLE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER REMBLE OR LAW ENFORCEMENT AUTHORITIES.
Your only remedy with respect to any dissatisfaction with (i) the Remble Programs, the Site, the Mobile Apps or any of the other Remble Services, (ii) any term of these Terms or (iii) any policy or practice of Remble in operating the Remble Programs, the Site or the other Remble Services, is to terminate your use of the Remble Programs and any other Remble Services. You may terminate your use of any of the Remble Programs at any time.
16. Ownership; Proprietary Rights.
The Remble Programs, the Site, the Mobile Apps and the other Remble Services are owned and operated by Remble. The content, visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Remble Programs and the other Remble Services provided by Remble (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on any of the Remble Programs or the other Remble Services are the property of Remble or its subsidiaries or affiliated companies and/or third-party licensors or content providers. All trademarks, service marks, and trade names are proprietary to Remble or its affiliates and/or third-party licensors. Except as expressly authorized by Remble , you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Remble reserves all rights not expressly granted in these Terms.
You hereby grant to Remble a non-exclusive, worldwide, fully paid-up, royalty-fee, non-terminable, perpetual, irrevocable right and license to use, disclose, modify, reproduce, license, distribute, commercialize and otherwise freely exploit any feedback, comments, or suggestions that you provide with respect to the Remble Programs, the Site, the Mobile Apps and/or the other Remble Services and all related intellectual property, without restriction of any kind and without any right of accounting or compensation.
You agree to indemnify, defend, and hold Remble its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any third-party claims, losses, damages, or liabilities, including legal fees and expenses, arising out of your use or misuse of the Remble Programs, the Site or any of the other Remble Services, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. Remble reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Remble and you agree to cooperate with Remble’ defense of these claims. Remble will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
18. No Warranties; Disclaimers.
18.1 No Warranties.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, REMBLE AND ITS AFFILIATES, CONTRACTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS, LICENSORS AND SUPPLIERS (COLLECTIVELY, THE “REMBLE PARTIES”) DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED WITH RESPECT TO THE REMBLE PROGRAMS, THE SITE, THE MOBILE APPS AND THE OTHER REMBLE SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, REMBLE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE REMBLE PROGRAMS, THE SITE, THE MOBILE APPS OR THE OTHER REMBLE SERVICES, WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE REMBLE PARTIES OR THROUGH THE REMBLE PROGRAMS, THE SITE, THE MOBILE APPS OR THE OTHER REMBLE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
18.2 “As Is” and “As Available” and “With all Faults.”
YOU EXPRESSLY AGREE THAT THE REMBLE PROGRAMS, THE SITE AND THE OTHER REMBLE SERVICES, ANY DATA, ASSESSMENTS, RESULTS, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT, THIRD-PARTY SITE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH ANY OF THE REMBLE PROGRAMS OR THE OTHER REMBLE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
18.3 PLATFORM OPERATION AND CONTENT.
THE REMBLE PARTIES DO NOT WARRANT THAT THE DATA, RESULTS, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE REMBLE PROGRAMS, THE SITE, THE MOBILE APPS OR ANY OF THE OTHER REMBLE SERVICES OR ANY THIRD-PARTY SITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
EXCEPT AS SPECIFICALLY PROVIDED IN WRITING BY REMBLE, THE REMBLE PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE REMBLE PROGRAMS OR ANY OF THE OTHER REMBLE SERVICES OR ANY THIRD-PARTY SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
18.5 Harm to your Mobile Devices.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN TRAINING, CONTENT, INFORMATION, MATERIALS, RESULTS OR DATA THROUGH THE REMBLE PROGRAMS, THE SITE, THE MOBILE APPS OR ANY OF THE OTHER REMBLE SERVICES OR ANY THIRD-PARTY SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR MOBILE DEVICES) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
19. Limitation of Liability and Damages.
19.1 Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, NEGLIGENCE, WILL THE REMBLE PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR INABILITY TO USE THE REMBLE PROGRAMS, YOUR USE OF THE SITE, THE MOBILE APPS OR ANY OF THE OTHER REMBLE SERVICES OR ANY THIRD-PARTY SITE, OR ANY OTHER INTERACTIONS WITH REMBLE OR ANOTHER CUSTOMER OR OTHER USER, EVEN IF REMBLE OR A REMBLE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, REMBLE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
19.2 Limitation of Damages.
IN NO EVENT WILL THE REMBLE PARTIES’ TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO YOUR ACCESS AND USE OF THE REMBLE PROGRAMS, THE SITE OR ANY OF THE OTHER REMBLE SERVICES OR THESE TERMS, OR YOUR INTERACTION WITH REMBLE PROGRAMS, ANOTHER CUSTOMER OR OTHER USER (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE GREATER OF (A) $100 AND (B) AN AMOUNT EQUAL TO THE SUBSCRIPTION FEES (IF ANY) PAID BY YOU DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
19.3 Release for Disputes between Users.
If you have a dispute with any other Customers or other Users or other third parties, you hereby release Remble and the other Remble Parties from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “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.”
19.4 Third-party Sites.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN REMBLE AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE REMBLE PROGRAMS OR RECEIVED THROUGH ANY THIRD-PARTY SITES.
19.5 Basis of the Bargain.
YOU ACKNOWLEDGE AND AGREE THAT REMBLE HAS OFFERED THE REMBLE PROGRAMS AND THE OTHER REMBLE SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND REMBLE, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND REMBLE. REMBLE WOULD NOT BE ABLE TO PROVIDE THE REMBLE PROGRAMS OR ANY OF THE OTHER REMBLE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
19.6 Limitations by Applicable Law.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
20. United States Export Controls.
You agree not to import, export, re-export, or transfer, directly or indirectly, any part of the Remble Programs or the other Remble Services or any underlying intellectual property, information or technology except with the prior written approval of Remble and in full compliance with all United States, foreign and other applicable export control laws and regulations.
Remble may provide you with notices, including those regarding changes to these Terms, by email or postings on any of the Remble Programs. Notice will be deemed given twenty-four hours after the email is sent, unless Remble is notified that the email address is invalid. Notices posted on any of the Site or the other Remble Services are deemed given 30 days following the initial posting.
The failure of Remble to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Remble.
21.3 Dispute Resolution.
If a dispute arises between you and Remble, the goal is to provide you with a neutral and cost-effective method of resolving the dispute quickly. Accordingly, you and Remble agree that any dispute, claim or controversy at law or equity that arises out of these Terms, the Remble Programs, the Site, the Mobile Apps or any of the Remble other Services (a “Dispute”) will be resolved in accordance with this Section 21.3 or as Remble and you otherwise agree in writing. Before resorting to these dispute methods, Remble strongly encourages you to first contact Remble directly to seek a resolution.
(a) Choice of Law. These Terms shall be governed in all respects by the laws of the State of Oklahoma, without regard to its conflict of law provisions. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO ANY DISPUTE OR OTHERWISE IN CONNECTION WITH THESE TERMS OR ANY OF THE REMBLE PROGRAMS.
(b) Arbitration and Class Action Waiver.
PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.
(i) ARBITRATION. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND REMBLE (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) IN CONNECTION WITH THESE TERMS OR ANY OF THE REMBLE SERVICES, INCLUDING WITHOUT LIMITATION YOUR RIGHTS OF PRIVACY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’’S RULES FOR ARBITRATION AND YOU AND REMBLE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. ANY ARBITRATION SHALL BE IN ENGLISH AND THE PLACE OF ARBITRATION SHALL BE TULSA COUNTY, OK. YOUR ARBITRATION FEES AND YOUR SHARE OF ARBITRATOR COMPENSATION SHALL BE GOVERNED BY SUCH RULES. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND REMBLE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU MAY BRING DISPUTES ONLY ON YOUR OWN BEHALF.
Neither you nor Remble will participate in a class action or class-wide arbitration for any disputes covered by these Terms to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST REMBLE INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another Customer or other User or third party, if Remble is a party to the proceeding.
This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
(ii) Judicial Forum for Disputes. In the event that the agreement to arbitrate under Section 21.3(b) is found not to apply to you or your claim, you and Remble agree that any judicial proceeding (other than small claims actions) must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the federal or state courts covering Tulsa County, OK. Both you and Remble irrevocably consent to venue and personal jurisdiction there. Notwithstanding the foregoing, Remble may bring a claim for equitable relief in any court with proper jurisdiction.
(iii) Survival. This arbitration agreement will survive the termination of your access or use any of the Remble Programs or other Remble Services or your relationship with Remble.
(c) 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in this Section 21.3 above by sending written notice of your decision to opt-out to email@example.com. The notice must be sent to Remble within thirty (30) days of your use of any of the Remble Services or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
(d) Improperly Filed Claims. All claims you bring against Remble must be resolved in accordance with this Section 21.3. All claims filed or brought contrary to this Section 21.3 shall be considered improperly filed. Should you file a claim contrary to this Section 21.3, Remble may recover attorneys’ fees and costs up to $15,000, provided that Remble has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
If any provision of these Terms (including any Policies) is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
21.5 Relationship of the Parties.
The parties agree that nothing in these Terms shall be construed as creating a joint venture, partnership, franchise, agency, employer/employee, or similar relationship between the parties, or as authorizing either party to act as the agent of the other. You are and will remain an independent contractor in your relationship to Remble. Nothing in these Terms shall create any obligation between either party and a third party.
These Terms and related Policies, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Remble without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
Upon termination of these Terms, your access and use of the Remble Programs, the Site or any of the other Remble Services or your relationship with Remble, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 1, 2, 4.4, 5(a) and 11 - 21.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
21.9 Entire Agreement.
21.10 Geographic Restrictions.
Remble is based in the state of Oklahoma in the United States. Remble makes no claims that accessing or using the Remble Programs or any of the other Remble Services or any of the tools or content is accessible or appropriate outside of the United States. Accessing or using the Remble Programs, the Site, the Mobile Apps or any of the other Remble Services may not be legal by certain persons or in certain countries. If you access any of the Remble Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Remble with respect thereto.
21.11. Electronic Communications.
The communications between you and Remble use electronic means, whether you visit any of the Site or other Remble Services or send Remble e-mails, or whether Remble posts notices on the Site or other Remble Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Remble in an electronic form; and (b) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Remble provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your statutory rights.
The Remble Programs, the Site and the other Remble Services are offered by Remble, Inc., located at: Remble, Inc., 7122 S. Sheridan Rd, Ste 2 PMB 1173, Tulsa, OK 74133-2748 and email: firstname.lastname@example.org.
If you are a California resident, you may have this same information emailed to you by sending a letter to Remble, Inc., 7122 S Sheridan Rd, Ste 2 PMB 1173, Tulsa, OK 74133-2748 with your email address and a request for this information.
California users are also 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 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.