Last Updated January 2020
ALL SHOULD CAREFULLY READ THE FOLLOWING RoastPATH TERMS OF SERVICE AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE RoastPATH.
Grant of a Limited License to Use the Service
Subject to your agreement to and continuing compliance with the RoastPATH Agreements, you may use the Service solely for your own non-commercial entertainment purposes by accessing it with an authorized, unmodified Application Client. You may not use the Service for any other purpose, or in connection with any other software. Attempting to use the application RoastPATH with a modified client, or manipulating the communication of the client and server is not allowed under the License, and is a violation of this Agreement.
By agreeing to the terms of this agreement you, the user, agree you will NOT:
- use hacks, automation software (bots), or any other unauthorized software, hardware, or mechanical device designed to modify the RoastPATH experience;
- employ the use of automated devices, even if operating within the defined parameters of the application experience, to create a personal advantage;
- communicating directly with the web services in the application via any software not distributed by RoastPATH;
- modify data files or cookies used by RoastPATH software;
- attempt to duplicate the web services of the application in any fashion to intercept, redirect or disrupt the use and experience for RoastPATH;
- violate any applicable law or regulation in connection with your use of the application or the service;
- will not violate the abuse policies in the Terms of Service
All rights and title in and to the Service (including without limitation any user accounts, roasters, computer code, themes, objects, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, “applets,” transcripts of the chat rooms, profile information, recordings of roasts) are owned by RoastPATH. The Application and the Service are protected by United States and international laws, and RoastPATH may enforce their rights in the event of any violation of this Agreement.
No Ownership Rights to Account
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON A RoastPATH SYSTEM, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO SUCH ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF RoastPATH.
RoastPATH will not sell or redistribute personal information of the users to any outside party. RoastPATH reserves the right to email users for important updates or reminders.
User’s may select a username for use in the application. All users will be identified to other users through the username they select. Users may change their username once selected through their account settings in the web portal. RoastPATH reserves the rights to disable, delete or modify the accounts of any user, at its sole discretion, without warning or notice, if the users username is deemed inappropriate.
This Agreement is effective until terminated. You may terminate this Agreement by deleting the Application and Bridge and terminating all RoastPATH accounts registered to you. In the event that you terminate or breach this Agreement, you will forfeit your right to any and all payments you may have made RoastPATH. You acknowledge and agree that you are not entitled to any refund for any amounts which were pre-paid prior to any termination of this Agreement. RoastPATH may terminate this Agreement (and your access to the Application) with or without notice for any reason, or for no reason. All provisions of ownership and rights to data defined under the agreement will survive termination.
THE APPLICATION AND THE SERVICE ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS, AND RoastPATH DOES NOT WARRANT THAT THE APPLICATION OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RoastPATH EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT.
Limitation of Liability
IN NO EVENT SHALL RoastPATH, ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, LIQUIDATED, OR OTHER CONSEQUENTIAL DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE APPLICATION OR THE SERVICE. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. In no event shall RoastPATH’s aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to RoastPATH during the six (6) months immediately prior to the time such claim arose.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS RoastPATH, ITS PARENT, SUBSIDIARIES AND AFFILIATES, FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO YOUR USE OF THE APPLICATION AND/OR THE SERVICE.
RoastPATH shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of RoastPATH, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond RoastPATH control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, cyber attacks, internet or hosting disruptions, power outage, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
You hereby acknowledge and agree that:
- WHEN THE APPLICATION IS RUNNING, RoastPATH MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER OR MOBILE DEVICE, INCLUDING WITHOUT LIMITATION YOUR DEVICE SPECIFICATIONS, IP ADDRESS(ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING THE APPLICATION AND/OR THE SERVICE, AND TO POLICE AND ENFORCE THE PROVISIONS OF ANY RoastPATH AGREEMENT.
- RoastPATH may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, chat logs, and other information about you and your activities: (a) in response to a request by law enforcement, a court order or other legal process; or (b) if RoastPATH believes that doing so may protect your safety or the safety of others.
- RoastPATH MAY MONITOR, RECORD, REVIEW, MODIFY AND/OR DISCLOSE YOUR APPLICATION ACTIVITY, WITHOUT NOTICE TO YOU, AND YOU HEREBY CONSENT TO SUCH MONITORING, RECORDING, REVIEW, MODIFICATION AND/OR DISCLOSURE.
- Additionally, you acknowledge that RoastPATH is under no obligation to monitor your electronic communications, and you engage in those communications at your own risk.
- You are wholly responsible for the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the Servers.
In the event that you breach this Agreement, you hereby agree that RoastPATH would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that RoastPATH shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as RoastPATH may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement and consistent with other terms of this agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
Dispute Resolution and Governing Law
A. Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and RoastPATH agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. RoastPATH will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to MILL CITY ROASTERS, LLC , 1050 33rd AVE SE, Minneapolis, MN, USA ATTN: Legal Department.
B. Binding Arbitration. If you and RoastPATH are unable to resolve a Dispute through informal negotiations, either you or RoastPATH may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available that the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, RoastPATH will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and RoastPATH may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
C. Restrictions. You and RoastPATH agree that any arbitration shall be limited to the Dispute between RoastPATH and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
D. Exceptions to Informal Negotiations and Arbitration. You and RoastPATH agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or RoastPATH intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
E. Location. If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for the representatives of RoastPATH. For residents outside the United States, any arbitration shall be initiated in Ramsey County, State of Minnesota, United States of America. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within Ramsey County, State of Minnesota, United States of America, and you and RoastPATH agree to submit to the personal jurisdiction of that court.
F. Governing Law. Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed under, the Laws of the United States of America and the law of the State of Minnesota, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For our customers who access the Service from Canada, Chile, Mexico, Argentina, Australia, Singapore, Thailand, or New Zealand, other laws may apply if you choose not to agree to arbitrate as set forth above, and in such an event, shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof. If you access the Service from New Zealand, and are a resident of New Zealand, The New Zealand Consumer Guarantees Act of 1993 (“Act”) may apply to the Application and/or the Service as supplied by RoastPATH to you. If the Act applies, then notwithstanding any other provision in this Agreement, you may have rights or remedies as set out in the Act which may apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in this Agreement. Those who choose to access the Service from locations outside of the United States, Canada, Australia, Singapore, or New Zealand do so on their own initiative contrary to the terms of this Agreement, and are responsible for compliance with local laws if and to the extent local laws are applicable.