Robin, a robot companion developed by us, including use of and access to Robin’s hardware, software, content, functionality, and features, as well as the Services provided by or through Robin (the Services provided by or through Robin, the “Robin Services”, and collectively, including the Robin Services, “Robin”) by you, as “Client” or third persons through you, as “Client Users”; and our website, www.robinrobot.co, all subdomains thereof, the social media accounts, pages, and other online platforms we operate related to Expper generally or Robin specifically (collectively, the “Site”) as well as other software and services we make available to you (collectively including the Site, the “Services”), whether as a guest, Client, or a registered user.
References herein to “you”, “your”, or “yours” shall refer to you; in the case of Client, it shall also refer to Client Users, as applicable. References herein to users shall mean guests, Clients, Client Users, and registered users.
THESE TERMS AND CONDITIONS CONTAIN (1) A BINDING ARBITRATION PROVISION AND (2) CLASS ACTION WAIVER WHICH AFFECT YOUR RIGHTS RELATED TO DISPUTES YOU MAY HAVE WITH EXPPER, AS WELL AS (3) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF ROBIN OR THE SERVICES. EXCEPT WHERE PROHIBITED BY LAW AND AS SET FORTH HEREIN, BY PURCHASING, ENGAGING WITH OR OTHERWISE USING ROBIN OR ANY ROBIN SERVICES, YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND EXPPER WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE IMMEDIATELY CEASE USE OF ANY ROBIN SERVICES.
Certain opinions, advice, statements, or other information, may be made available by third parties through or in connection with the Robin Services (“Third-Party Content”). This Third-Party Content belongs to the respective authors or providers of the applicable Third-Party Content and these authors and providers are solely responsible for the Third-Party Content they provide in connection with the Robin Services. EXPPER DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT PROVIDED IN RELATION TO ANY ROBIN SERVICE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY A THIRD-PARTY AS PART OF ANY THIRD-PARTY CONTENT. UNDER NO CIRCUMSTANCES WILL EXPPER BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON THIRD-PARTY CONTENT PROVIDED BY ANY CLIENT OR THIRD-PARTY IN CONNECTION WITH THE ROBIN SERVICES.
Robin is a robot companion which aims to emotionally support individuals by creating positive experiences through telling stories, engaging in various activities, playing games, and interactions.
Robin does not provide any kind of advice, treatment, or professional services, including, without limitation, medical, therapeutic, psychiatric, psychological, or other advice, treatment, or services, and shall not be used or relied on for any such or similar purpose. ALL ROBIN SERVICES ARE PROVIDED FOR ENTERTAINMENT PURPOSES ONLY, AND ARE NOT INTENDED TO DIAGNOSE ANY MEDICAL OR HEALTHCARE CONDITION, REPLACE THE ADVICE OF A LICENSED HEALTHCARE PROFESSIONAL, OR PROVIDE ANY MEDICAL ADVICE, OPINION, DIAGNOSIS, TREATMENT OR GUARANTEE.
Use of Robin
Robin, including its hardware, software, content, functionality, features, and all of the Robin Services, are and shall remain property of Expper, its licensors, or designated third parties. No rights toward Robin are granted to any person or entity except as explicitly provided hereunder. To obtain access to and use of Robin, you shall register with Expper as a Client, affirm consent to the present Terms, and assume payment obligations as provided hereunder or otherwise as presented by Expper (each, “Client”). No user other than Clients, and Client Users through Client, shall have access to and use of Robin. Subject to these Terms, as Client, we grant you a lease of Robin’s hardware, which lease is not subject to assignment, sublease, or other transfer (“Lease”), and is subject to the term limitations described in each Client’s Subscription Agreement; and we further grant you a limited, non-exclusive, non-sublicensable, non-transferable right to access and make non-commercial of the Robin Services, except as expressly authorized hereunder. Access to and use of Robin, including the Robin Services, shall be limited to Client’s physical premises as agreed upon in writing with Expper.
Access to and use of Robin shall be for non-commercial purposes, and Robin shall not, in whole or in part, be sold, resold, subleased, rented, assigned, transferred, sublicensed, or otherwise exploited for commercial purposes or commercial gain or otherwise made available to third parties, except as expressly authorized hereunder. Notwithstanding the foregoing, the Client may use Robin as part of its regular business operations in line with the original purpose of Robin, namely, seeking to emotionally support its Client Users.
Adult supervision is required when children interact with Robin to avoid children harming themselves or the property around them. For example, as a result of playing with Robin, a child may push and pull on Robin, try to climb on top of or saddle Robin, hit Robin, disintegrate Robin, and as a result of which, Robin may topple over, fall on, or roll on the child, certain elements of Robin such as internal mechanisms may be exposed to the child, Robin may touch or impact property, or the child’s or other person’s use of Robin may otherwise hurt oneself or any property.
Upon termination of the lease and license provided by this section of the Terms, Client shall return Robin to Expper in the state that it had received Robin, normal wear and tear excepted. Subject to the Support Policy herein, Client shall be responsible for the loss, malfunctioning, or damage to Robin.
Support and Maintenance of Robin
For as long as Client’s lease and license toward Robin and the Robin Services are in effect in accordance with these Terms, Expper is committed to ensuring the proper support and maintenance of Robin at its sole expense (“Support Policy”). Expper shall troubleshoot and seek to correct, within a reasonable time, any hardware or software issues that prohibit the proper functioning of Robin; provided, however, that such issues that were direct or indirect caused by negligent, reckless, or malicious interaction with, maintenance of, storage of, or other action or omission toward Robin and the Robin Services by Client or Client Users shall not be covered by the Support Policy, to be determined at the sole discretion of Expper. For the avoidance of doubt, hardware or software issues that arise or are discovered through proper, reasonable, and intended interaction with Robin shall be within the scope of the Support Policy, whereas negligently, recklessly, or maliciously caused damage to Robin shall be outside the scope of the Support Policy, each to be determined at the sole discretion of Expper.
Client hereby agrees to notify Expper as soon as practical when Client knows or should know of issues that compromise the normal functioning of Robin or the Robin Services and shall fully and reasonably cooperate with Expper in discovering the circumstances and source of such issues.
Expper’s Support Policy hereunder is subject to these Terms, including the terms on Updates, limitation of liability, and disclaimer of warranties. If Expper is unable to support and maintain Robin as provided hereunder, then Client’s exclusive remedy shall be a refund of any monies paid to Expper for any duration when Robin’s malfunctioning was due to a hardware or software issue covered by the Support Policy. Expper has a right to set off any monies owed to it by Client (including, without limitation, as a result of loss, malfunctioning, or damage to Robin not covered by the Support Policy) against any monies that are owed to Client by Expper.
Payments and Refunds
Fees and prices for access to and use of Robin and the Services, as well as return and refund policies, shall be provided by Expper through these Terms and each Client’s Subscription Agreement. In case of a conflict between these Terms and the more specific terms provided by Expper elsewhere or in a Client’s Subscription Agreement, then the more specific terms in the latter shall control. If and when payments are processed through a third-party vendor, the processing of such payments, refunds, accuracy of payment methods and related matters are also subject to the policies of such vendors.
All payment information that you provide to Expper must be accurate, active, and complete. By accessing and using Robin or the Services, you authorize us to charge you for monies owed by you to Expper in accordance with these Terms. You hereby represent and warrant that your use of the payment information is legal, and that you have the right to use such payment information as a way to pay for your use of Robin or the Services. If, upon the termination of these Terms toward you, you owe monies related to your use of Robin or the Services, then you agree to pay such monies, and you agree for us to take all necessary and reasonable steps to collect such monies.
License Grant for Services other than Robin Services
Subject to these Terms, Expper grants Client Users a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the Robin Services for their personal, non-commercial use. Subject to these Terms, Expper grants Clients a limited, non-exclusive, non-sublicensable, and non-transferable, revocable license during the term of their lease of Robin (as defined in their Subscription Agreement), to use the Services for their commercial use, and to use Robin’s name and images thereof for marketing and advertising purposes. We reserve the right to (1) review Clients’ marketing and advertising content containing Robin’s name or image, and to (2) prevent the use of such content in our sole and absolute discretion.
Lease and License Restrictions
You shall not: (a) duplicate or otherwise copy Robin or the Services, except as expressly permitted by these Terms; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of Robin or the Services; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code or hardware of Robin, the Services, or any part thereof, or to otherwise reduce any of the Robin Services to a human-readable form; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices or other warnings from Robin or the Services, including any part or copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available Robin, or any content, features, or functionality of Robin, or the Services, to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time, except as expressly authorized by these Terms, which permit Clients to use Robin for interaction with Client Users; (f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting Robin or the Services; or (g) use Robin or the Services in, or in association with, the design, construction, maintenance, or operation of any hazardous, emergency, life-threatening, high-risk, and/or high-stake environments or systems, including, without limitation, any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments. You may not access or use any Robin Service in violation of United States, Canadian or other applicable export control and economic sanctions requirements. By accessing or otherwise using any services, content or software through Robin or any Robin Services, you represent and warrant that: (h) your access to and use of the Robin Services, or any content or software therein, will comply with any and all requirements in these Terms; (i) you are not located in a country that is subject to a U.S. or Canadian government embargo, or that has been designated by the U.S. or Canadian government as a terrorist supporting country, and that you are not listed on any U.S. or Canadian government list of prohibited or restricted parties; and (j) you will comply with all applicable local, national, and international laws, rules, regulations and ordinances in connection with your use of any Robin Services and our websites.
Collection and Use of Data and Your Information
We are always trying to improve Robin and the Services, so they may change over time. We may from time to time in our sole discretion develop and provide updates for Robin and the Services and/or otherwise make changes to all or parts of Robin and/or the Services, which may include hardware upgrades, software upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular hardware, software, content, features, functionality, or service, and we take no responsibility for any material that is lost, damaged, or deleted.
All such Updates shall be automatically incorporated into Robin and the Services. Should any action on your part be reasonably required to effect such Updates, for instance, if Updates cannot be completed solely over the air, you shall promptly incorporate all such Updates into Robin or provide Expper with reasonable access to Robin at Client’s premises to do so, and acknowledge and agree that Robin, the Services, or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of Robin and the Services and be subject to all terms and conditions of these Terms.
Intellectual Property Rights
Robin, the Services, and its and their entire contents, features, functionality, and services (including but not limited to any and all information, hardware, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, user accounts, titles, computer code, themes, objects, avatars, avatar names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, “applets” incorporated into Robin and/or the Services) are owned by Expper, its licensors, or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Expper name, the names and application icons of Robin, the Expper and Robin logo and all related names, logos, product and service names, designs and slogans are trademarks of Expper or its affiliates or licensors. You must not use such marks without the prior written permission of Expper, unless explicitly permitted in these Terms.
You may use Robin and the Services only for lawful purposes and in accordance with these Terms. You agree not to use Robin or the Services in a manner that: (i) violates any applicable federal, state, local or international law or regulation (including, without limitation, any applicable data privacy laws of the U.S., and U.K., and E.U., if applicable, or any other applicable data privacy laws, and any laws regarding the export of data or software to and from the US or other countries); (ii) infringes or violates the intellectual property rights or any other rights of anyone else (including us); (iii) is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; (iv) attempts, in any manner, to obtain the password, account, or other security information from any other user; (v) violates the security of any computer network, or cracks any passwords or security encryption codes; (vi) exploits, harms or attempts to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (vii) transmits, or procures the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; (viii) sends, knowingly receives, uploads, downloads, uses or re-uses any material which does not comply with the Content requirements, or any other applicable requirements, set out in these Terms; (ix) impersonates or attempts to impersonate Expper, an Expper employee, another user or any other person or entity; or (x) engages in any other conduct that restricts or inhibits anyone’s use or enjoyment of Robin or the Services, or which, as determined by us in our sole and absolute discretion, may harm Expper or users of Robin or the Services or expose them to liability.
Additionally, you agree not to use Robin or the Services in any manner that could disable, overburden, damage, or impair Robin or the Services or interfere with any other party's use of Robin or the Services, including their ability to engage in real time activities through Robin or the Services; use any robot, spider or other automatic device, process or means, or any manual process, to access Robin or the Services for any purpose, including monitoring or copying any of the material on Robin or the Services or for any other unauthorized purpose without our prior written consent; use any device, software or routine that interferes with the proper working of Robin or the Services; introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of Robin or the Services, the hardware and/or server on which they run, or any server, computer, Device, or database connected to Robin or the Services; or otherwise attempt to interfere with the proper working of Robin or the Services. We also do not recognize and cannot be forced to recognize the transfer or assignment of any lease of Robin, and any such attempt shall be void. We cannot assume responsibility for any such transaction.
When you, as Client, or your Client Users, access, use, or otherwise interact with Robin, Robin gathers and transmits certain content to Expper for processing and support. No content is recorded or stored without the Client’s request or consent.
You also acknowledge and agree that Expper may access, use, preserve, and/or disclose Content to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if we have a good faith belief that such access, use, preservation or disclosure is reasonably necessary to: (a) comply with applicable law, regulation, legal process or reasonable governmental request; (b) enforce these Terms, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud, harassment, or technical issues; or (d) protect the rights, property or safety of Expper, its users, a third party, or the public as required or permitted by law. Deleted Content may be stored by Expper in order to comply with certain legal obligations and are not retrievable without a valid court order.
Expper reserves the right, but shall not be obligated, to remove any Content from Robin and the Services at any time in its sole and absolute discretion.
We respect the intellectual property rights of others and expect our users to do the same. Information found to be infringing on the intellectual property rights of others will be removed in accordance Digital Millenium Copyright Act of 1998. If you believe copyright is being unlawfully infringed upon by a user(s) on or through Robin and/or the Services, and if you have the authority to act (e.g., you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright), then please report the alleged copyright infringements taking place on or through Robin and/or the Services by completing the following notice in accordance with 17 U.S.C. § 512(c) and delivering it to our Designated Copyright Agent. Upon receipt of the notice as described below, we will take whatever action we deem appropriate in our sole discretion, including removal of the infringing material from Robin and/or the Services. The notification must include the following information: (i) identify the copyrighted work(s) that you claim has been infringed; (ii) identify the infringing material which you request us to remove; (iii) provide your mailing address, telephone number, and e-mail address; (iv) include a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; (v) include a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner; and (vi) provide your full legal name and your physical or electronic signature.
Expper Technologies, Inc. Copyright Agent to receive such notifications is:
326 Mira Loma Ave, Glendale, California, 91204
+1 415 851 2583
Pursuant to 17 U.S.C. §512(f), the complaining party is subject to liability for any costs, attorney’s fees, and damages incurred by us in connection with the notification if the notification contains any misrepresentation of material fact.
Reliance on Information Posted
The information presented on or through Robin and/or the Services is made available solely for general information or entertainment purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you of Robin and/or the Services, or by anyone who may be informed of any of its contents.
We provide Robin and the Services for access and use only by persons and entities located in the United States. We make no claims that Robin, the Services, or any of its and their content, features, or functionality is accessible or appropriate outside of the United States, and you acknowledge that you may not be able to access and use Robin or the Services, in whole or in part, outside of the United States. Access to Robin and the Services may not be legal by certain persons or in certain countries. If you access Robin and the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
DISCLAIMER OF WARRANTIES
YOUR USE OF ROBIN AND THE SERVICES IS AT YOUR OWN RISK. ROBIN AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, EXPPER, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE OWNERS, SHAREHOLDERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, VENDORS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS, AND ASSIGNS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO ROBIN AND THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, EXPPER PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND WITH RESPECT TO THE COMPLETENESS, SECURITY, TIMELINESS, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF ROBIN AND THE SERVICES, OR THAT THE SAME ARE ACCURATE, RELIABLE, WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, DEVICES, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE VIRUS- OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, OR THAT ROBIN, THE SERVICES, OR THE SERVER THAT MAKES THESE AVAILABLE ARE FREE OF VIRUSES, ERRORS, OR OTHER HARMFUL COMPONENTS OR THAT ROBIN OR THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. FURTHER, EXPPER DOES NOT WARRANT ANY HARM TO YOUR COMPUTER SYSTEM AND/OR DEVICE, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF ROBIN AND THE SERVICES, OR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT OR OTHER COMMUNICATIONS MAINTAINED BY EXPPER, IF ANY. FURTHER, EXPPER DOES NOT WARRANT THE QUALITY, SAFETY, SUITABILITY, RELIABILITY, OR AVAILABILITY OF ANY PRODUCTS, GOODS, AND/OR SERVICES OBTAINED BY YOU FROM THIRD PARTIES THROUGH EXPPER. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND/OR USE OF ROBIN, THE SERVICES, AND ANY THIRD PARTY PRODUCTS, GOODS, AND/OR SERVICES, REMAINS SOLELY WITH YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EXPPER OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OWNERS, SHAREHOLDERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, VENDORS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, ROBIN AND THE SERVICES OR SUCH OTHER ITEMS OBTAINED FROM OR THROUGH EXPPER, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, PROPERTY DAMAGE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, DATA BREACH, FAILURE TO COMPLY WITH ANY LAWS, INCLUDING BUT NOT LIMITED TO DATA PRIVACY LAWS, COST OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, REGARDLESS OF WHETHER ANY ALLEGED ACT OR OMISSION IS CAUSED BY OR RELATES TO EXPPER OR ANY THIRD PARTY.
YOUR SOLE AND EXCLUSIVE REMEDY IN CASE OF ANY GRIEVANCE, ACTION, OR COMPLAINT IN REGARDS TO ROBIN AND THE SERVICES, OR ANY ITEMS OBTAINED FROM OR THROUGH EXPPER, OR BREACH BY US OF THESE TERMS IS TO DISCONTINUE YOUR USE OF ROBIN AND THE SERVICES. NOTWITHSTANDING ANYTHING CONTRARY IN THESE TERMS, OUR (AND OUR AFFILIATES’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (UNDER ANY LEGAL THEORY, CAUSE, OR GROUND, WHETHER IN CONTRACT, TORT, OR OTHERWISE), WILL AT ALL TIMES BE LIMITED TO THE AGGREGATE AMOUNT EXPPER HAS ACTUALLY RECEIVED FROM YOU, IF ANY, DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GIVES RIGHT TO YOUR DAMAGE, OR FIVE HUNDRED US DOLLARS ($500), WHICHEVER IS GREATER; NOTWITHSTANDING THE FOREGOING, EXPPER MAY, AT ITS OPTION, INSTEAD DECIDE TO REMEDY OR RE-PERFORM THE SERVICES. THIS LIMIT SHALL REMAIN IN EFFECT EVEN IF THERE IS MORE THAN ONE CLAIM.
THE LIMITATIONS OF THIS SECTION SHALL APPLY WHETHER OR NOT EXPPER HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
BY USING OR ACCESSING ROBIN AND THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES 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.”
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
US Government Rights
Robin and the Services are commercial computer software and commercial items, as such terms are defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefore, you receive only those rights with respect to Robin and the Services as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
Governing Law and Jurisdiction
Arbitration, Dispute Resolution, and Class Action Waiver
a. Disputes. The terms of this Section shall apply to all Disputes between you and Expper. For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and Expper arising under or relating to any Services, use of Robin, Expper’s websites, these Terms, or any other transaction involving you and Expper, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND EXPPER AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR EXPPER FOR (i) TRADE SECRET MISAPPROPRIATION, (ii) PATENT INFRINGEMENT, (iii) COPYRIGHT INFRINGEMENT OR MISUSE, AND (iv) TRADEMARK INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in these Terms, you agree that a court, not the arbitrator, shall decide if a claim falls within one of these four exceptions.
b. Binding Arbitration. You and Expper further agree: (i) to arbitrate all Disputes between the parties pursuant to the provisions in these Terms; (ii) these Terms memorialize a transaction in interstate commerce; (iii) the Federal Arbitration Act (9 U.S.C. §1, et seq.) in the U.S. or applicable provincial or territorial Arbitration Act in Canada governs the interpretation and enforcement of this Section; and (iv) this Section shall survive termination of these Terms. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award you the same damages and relief as a court sitting in proper jurisdiction could, and may award declaratory or injunctive relief. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties.
c. Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state, municipality, province or territory if the action is within that court’s jurisdiction and is pending only in that court.
d. Dispute Notice. In the event of a Dispute, you or Expper must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to Expper must be sent to [email protected] The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. If Expper and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or Expper may commence an arbitration proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.
e. WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND EXPPER AGREE YOU AND EXPPER MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL, STATE OR PROVINCIAL CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AND EXPPER AGREE THAT NO DISPUTE SHALL PROCEED BY WAY OF CLASS ARBITRATION WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES, INCLUDING EXPPER.
f. Arbitration Procedure. If a party elects to commence arbitration, the arbitration shall be governed by: in the U.S., the rules of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”), available at http://www.jamsadr.com or by calling 1-800-352-5267, and under the rules set forth in these Terms; except that JAMS may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. If there is a conflict between the JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms shall govern. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to federal, state, provincial, territorial, or local laws. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of these Terms. The arbitrator, and not any federal, state, provincial, territorial or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. Notwithstanding this broad delegation of authority to the arbitrator, a court shall determine the limited question of whether a claim or cause of action is for (i) trade secret misappropriation, (ii) patent infringement, (iii) copyright infringement or misuse, or (iv) trademark infringement or dilution, which are excluded from the definition of “Disputes” as stated above. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in Los Angeles County, California.
g. Initiation of Arbitration Proceeding. If either you or Expper decide to arbitrate a Dispute, we agree to the following procedure:
i. Write a Demand or Notice: Write a Demand for Arbitration, which must include a description of the Dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at http://www.jamsadr.com (“Demand for Arbitration”); ii. Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to: JAMS 707 Wilshire Blvd 46th Floor Los Angeles, CA 90017, U.S.A.; and iii. Send one copy of the Demand for Arbitration to the other party at the same address as the Dispute Notice, or as otherwise agreed to by the parties.
h. Hearing Format. In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by Expper or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Expper is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.
i. Arbitration Fees. Expper shall pay, or (if applicable) reimburse you for, all JAMS filing, administration, and arbitrator fees for any arbitration commenced (by you or Expper) pursuant to provisions of these Terms. You are responsible for all additional costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses.
j. Opt-out. Non-Clients may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in these Terms by sending a written letter to the Expper Notice Address within thirty (30) days of your initial assent to these Terms (including, but not limited to, by executing a Subscription Agreement) that specifies: (i) your name; (ii) your mailing address; and (iii) your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedure set forth above, all other terms shall continue to apply.
k. Amendments to this Section. Notwithstanding any provision in these Terms to the contrary, if you are a Non-Client, you and Expper agree that if Expper makes any future amendments to the dispute resolution procedure and class action waiver provisions (other than a change to Expper’s address) in these Terms, Expper will take reasonable efforts to notify you and you will have thirty (30) days from the date of notice to affirmatively opt-out of any such amendments by sending a written letter to the Expper Notice Address within thirty (30) days of Expper’s notification that specifies: (i) your name; (ii) your mailing address; and (iii) your request to opt-out of such amendments. If you affirmatively opt-out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in these current Terms, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments. Any amendments to the dispute resolution procedure and class action waiver provisions shall only apply to claims arising after the notice provided under this Sub-section K.
l. Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of these Terms remaining in full force and effect. The terms of this Section shall otherwise survive any termination of these Terms.
m. Exclusive Venue for Other Controversies. Expper and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in the Superior Court of Los Angeles County, California, or the United States District Court for the Central District of California, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.
n. Prevailing Party. In the event of any Dispute hereunder, the party prevailing in such Dispute shall be entitled to collect from the other party all costs incurred in such Dispute, including reasonable costs and attorneys’ fees, regardless of whether the Dispute is adjudicated in arbitration, court, or other forum, excluding any particular costs explicitly payable by a specific party in this Section.
Limitation on Time to File Claims
Waiver and Severability
You agree that a breach of these Terms will cause irreparable injury to Expper for which monetary damages would not be an adequate remedy and Expper shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.
We may give notice to you by means of a general notice on our Site, electronic mail, or by written communication sent by first class mail or pre-paid post. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to us (such notice shall be deemed given when received by us) at any time by sending an email to info[email protected] Please specify the reason for the email in the subject line so it can be forwarded to the proper department.
These Terms will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms, the licenses and lease, if applicable granted hereunder may be assigned by Expper but may not be assigned by you without the prior express written consent of Expper, which may be withheld at Expper’s sole and absolute discretion. Any attempt by you to assign these Terms, the licenses, and, if applicable, the lease, without the prior written consent of Expper shall be null and void. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. The headings and captions contained herein will not be considered to be part of the Terms but are for convenience only. Expper’s and your rights and obligations that by their nature are intended to survive termination of the Terms shall so survive.
Your Comments and Concerns
Robin and the Services are operated by Expper Technologies, Inc., a Delaware corporation with an address at 326 Mira Loma Ave, Glendale, California, 91204. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein. All other feedback, comments, requests for technical support and other communications relating to Robin and the Services should be directed to: [email protected]