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Roundglass Terms of The Agreement

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Terms of Use

Welcome to RoundGlass!

 PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. RoundGlass LLC


(“RoundGlass”, “we” or “us”) provides personal health and wellbeing products, services, content
and features, through RoundGlass mobile Applications available through numerous distribution
channels and the RoundGlass corporate website (https://round.glass), any RoundGlass
community website, any other website sponsored or provided by RoundGlass (the “Sites”),
RoundGlass-controlled social media pages, streaming services, RoundGlass software, and our
technology (collectively with the Sites, the “Services”).

These Terms of Services (“Terms”) explain the rules that apply to you while you use the
Services. By downloading, accessing, or using the Sites or Services and by registering as a user
or creating a profile within the Sites, you acknowledge that you have read and understand the
Terms and that you accept and agree to be bound by the Terms. The Terms and our Privacy
Policy (available here) form a legally binding agreement between you and RoundGlass, and are
the rules about your access and use, and our provision of, the Services and any other technology,
content, items, or other materials provided by or through the Sites or the Services. IF YOU DO
NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

If you have any questions about these Terms or the Services, feel free to contact us at:

RoundGlass LLC
1756 114th Avenue SE
Bellevue, WA 98004
support@round.glass

1. Who Can Use the RoundGlass Services

All users of the RoundGlass Services:

 Must be at least 16 years of age, and if you are under the age of majority in your
home country, have permission from your parent or legal guardian to use the
Services;
 Affirm that you are in good physical health and have consulted with your
physician about beginning any of our programs;
 Acknowledge that you are solely responsible for listening to your body, taking
part at your own pace and modifying any instructions or instructor-suggested
physical adjustments to your level of ability and physical and mental condition;
and
 Must comply with these Terms and all applicable local, state, national and
international laws, rules and regulations.

Please do not use the Services if you do not meet the above requirements.
2. RoundGlass’ Intellectual Property; Limited License to RoundGlass
Services
o OwnershipYou acknowledge and agree that the Services, and any
logos, names, designs, text, graphics, software, content, files,
materials, and any other intellectual property rights contained in the
Sites or the Services, including without limitation any copyrights,
patents, trademarks, proprietary or other rights contained therein,
related thereto, or otherwise arising therefrom are owned by us or
our affiliates, licensors or suppliers. You also acknowledge and
agree that the source and object code of the Sites and the format,
directories, queries, algorithms, structure and organization of the
Sites are our intellectual property, proprietary and confidential
information. You expressly agree that you will do nothing
inconsistent with our ownership of the Services, and that you gain
no rights, title, or interest in or to any Services or any goodwill
associated with the Services. In addition, except as expressly set out
in the Terms, you are not conveyed any right or license by
implication, estoppel, or otherwise in or under any patent, trademark,
copyright, or other proprietary right of RoundGlass or any third
party. Any and all goodwill arising from your use of any Services
shall inure solely to the benefit of RoundGlass.
o Limited LicenseFor any Services which allows you to use any
software, content, or other materials owned or licensed by us, we
grant you a limited, revocable, non-exclusive, non-sublicensable,
non-transferable license solely to access and use the specific
Services, and any related software, content, or other materials for
your personal, non-commercial use only.
o RestrictionsYou are prohibited from, and expressly agree that you
will not: (i) circumvent or disable any content protection system,
digital rights management technology, user and/or country
limitations or any other technology used with any Service; (ii)
decompile, reverse engineer, disassemble or otherwise reduce any
Services to a human-readable form; (iii) remove identification,
warnings, disclaimers, disclosures, copyright or other proprietary
notices in or on the Services; (iv) access or use any Services in an
unlawful or unauthorized manner or in a manner that suggests an
association with our content, products, services or brands, unless
you have an executed agreement with us that allows for such
activity; (v) use, alter, copy, modify, store, sell, reproduce, distribute,
republish, download, publicly perform, display, post, transmit, create
derivative works of, or exploit any Services or any part of the
Service, except as expressly authorized in the Terms; (vi) introduce a
virus or other harmful component, or otherwise tamper with, impair
or damage any Services or connected network, or interfere with any
person or entity’s use or enjoyment of any Service; (vii) access,
monitor, or copy any element of the Services using a robot, spider,
scraper or other automated means or manual process without our
express written permission; or (viii) sell, resell, or make commercial
use of the Services.

3. Third Party Services and Content

The Services may integrate, be integrated into, or be provided by or in connection with third-
party instructors, services, applications, tools, interfaces, content, websites and/or materials
(“Third-Party Services”). We do not review or control any Third-Party Services, and we make no
claim or representation regarding, and accept no responsibility for, the quality, content, nature, or
reliability of Third-Party Services accessible from our Sites or any other element of the Services.
We are not be responsible for any content provided by, on, or through these Third-Party
Services. You should read the terms of use and privacy policies that separately apply to these
Third-Party Services.

4. Mobile Networks; Texting

When you access and use the Sites or any Services through a mobile network, or you sign up for
our text message programs, your network or roaming provider’s messaging, data and other rates
and fees may apply. Not all Services may work with your mobile network provider or device.

5. User Accounts; Registration

The Services require you to create an account to use the Services that we provide. You agree to
provide and maintain accurate, current and complete information for your accounts, including as
applicable, your name, contact, and payment information. You agree not to impersonate or
misrepresent your affiliation with any person or entity, including using another person’s
username, password or other account information, or another person’s name, image, photo or
likeness, or if Applicable, provide false details for a parent or guardian. You agree that we may
take steps to verify the accuracy of information you provide.

You are responsible for maintaining the confidentiality of your username and password, and you
are responsible for all activities under your account that you can reasonably control. Do not share
your password or other login information with any person; any use of your account by any
person other than yourself is grounds for suspension or termination of your account.

6. User Generated Content

The Services may allow you and users of our websites to communicate, submit, upload or
otherwise make available text, reviews, stories, images, photos, audio, video, media, chats,
personally identifiable information, feedback about our products and services, testimonials,
success stories, or other content (“User Generated Content”). User Generated Content that you
submit to us will be stored, maintained and used by us in accordance with our Privacy Policy.
You acknowledge certain types of User Generated Content that you submit, such as chats,
photos, reviews, and message board entries, may be accessed and viewed by the public.
RoundGlass is a welcoming community for all. You may not submit or upload User Generated
Content that is harmful and disruptive, or content that will cause harm if disclosed including,
without limitation:

 Content containing or promoting racism, hate speech, violence, and illegal


activity;
 Spam, unauthorized advertising, and other forms of solicitation;
 Content intended to disparage, defame, abuse, intimidate, bully, threaten, or
otherwise harass other people; or
 Others’ personal information or any other information that you do not have the
permission to disclose.

Although we want all users to comply with all User Generated Content requirements, we do not
have any obligation to monitor and review User Generated Content for compliance. However, if
we do see User Generated Content that violates these rules or if we simply think that User
Generated Content is not appropriate for the Services, we may, at our sole discretion, either
remove or edit the User Generated Content without letting you know ahead of time, or we may
terminate your ability to submit User Generated Content. If you see User Generated Content that
violates the Terms, please let us know at support@round.glass

License to Your User Generated Content

Your User Generated Content is yours to keep, but by creating the User Generated Content you
grant us a perpetual, fully paid-up, non-exclusive, sublicensable, irrevocable and royalty-free
worldwide license to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute,
redistribute, copy, index, comment on, modify, adapt, translate, create derivative works of,
publicly perform, make available and otherwise exploit such User Generated Content, in whole
or in part, in any and all media and channels now known or hereafter devised, in any number of
copies and without limit as to time, manner and frequency of use, without further notice to you,
with or without attribution, and without the requirement of permission from or payment to you or
any other person or entity. This includes our use of your User Generated Content in connection
with any advertising, product packaging, printed publications, presentations, promotional
materials, events and associated marketing materials, television and digital commercials, videos,
social media websites, Applications, or on our websites or in any other commercial manner.

7. Professional Advice Disclaimer; Medical Disclaimer


o Professional Advice Disclaimer.THE SERVICES OFFERS PERSONAL
HEALTH AND WELLBEING INFORMATION AND IS DESIGNED FOR
EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU
SHOULD CONSULT YOUR PHYSICIAN BEFORE BEGINNING A NEW
HEALTH AND WELLBEING PROGRAM. YOU SHOULD NOT RELY ON
INFORMATION OR HEALTH AND WELLBEING PROGRAMS
AVAILABLE IN OR VIA THE SERVICES AS A SUBSTITUTE FOR
PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF
YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR
HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR
OTHER HEALTHCARE PROFESSIONAL. DO NOT DISREGARD,
AVOID, OR DELAY OBTAINING MEDICAL OR HEALTH RELATED
ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF
INFORMATION AVAILABLE ON THE SERVICES OR COMMUNICATED
TO YOU THROUGH THE SERVICE. THE USE OF INFORMATION
PROVIDED THROUGH THE SERVICES IS SOLELY AT YOUR OWN
RISK.
o DO NOT LISTEN TO AUDIO OR VIDEO MEDITATION EDUCATIONAL
MATERIALS WHILE DRIVING OR OPERATING HEAVY EQUIPMENT,
OR WITH OTHER DEVICES THAT MAY INFLUENCE YOUR STATE OF
CONSCIOUSNESS.NOTHING STATED OR POSTED ON THE
SERVICES OR AVAILABLE THROUGH THE SERVICES IS INTENDED
TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF
MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THE
AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING
INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY,
PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT,
INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE
SERVICES IS CONTINUALLY UNDER DEVELOPMENT AND
ROUNDGLASS MAKES NO WARRANTY OF ANY KIND, IMPLIED OR
EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR
APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD,
DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE
HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS ON
THE SERVICE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE
CONTAINED IN THE SERVICES WILL ALWAYS INCLUDE THE MOST
RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE
PARTICULAR MATERIAL.
o Medical Disclaimer.In using the Service, you affirm that either your
physician has approved your use of the Services or that all of the
following statements are true: (i) no physician has ever informed you
that you have a heart condition or that you should only do physical
activities recommended by a physician; (ii) you have never felt chest
pain when engaging in physical activity; (iii) you have not
experienced chest pain when not engaged in physical activity at any
time within the past month; (iv) you have never lost your balance
because of dizziness and you have never lost consciousness as a
result of exertion; (v) you do not have a bone or joint problem that
could be made worse by a change in your physical activity; (vi) your
physician is not currently prescribing drugs for your blood pressure
or heart condition; (vii) you do not have a history of high blood
pressure; and (viii) you do not know of any other reason you should
not exercise. You are responsible for providing accurate information
and disclosing any health or medical issues.

8. Assumption of the Risk


You recognize that some wellbeing activities included in the Services requires physical exertion,
which may be strenuous and may cause physical injury, and you are fully aware of the risks and
hazards involved, including risk of physical or psychological injury, pain, suffering, illness,
disfigurement, temporary or permanent paralysis and/or death. In consideration for being
permitted to use the Sites and the Services, you agree, on behalf of yourself and behalf of your
heirs, personal representatives, spouse, next kin, successors and assigns that there are certain
inherent risks associated with my use of the Sites and Services, to assume full responsibility for
personal injury to yourself, and further release and forever discharge RoundGlass and its
affiliates, successors and assigns, officers, employees, representatives, partners, and agents (each
a “Released Party”), in such Released Party’s individual and/or corporate capacity from causes
of action of any nature and kind, known and unknown, which you may have against any
Released Party arising out of or related to any for injury, death, loss or damage related to use of
the Sites or Services whether your fault or the fault of third parties.  In further consideration of
being permitted to use the Sites and Services, you knowingly, voluntarily and expressly waive all
claims that you may have against any Released Party for injury, death, loss or damages that you
may sustain as a result of using the Sites or Services.

9. Enforcement Rights

We are not obligated to monitor access or use of the Sites or the Services; however, we reserve
the right to do so for purposes of operating and maintaining the Sites or the Services, as
applicable, ensuring your compliance with the Terms, and complying with applicable legal
requirements. We may disclose unlawful conduct to law enforcement authorities, and we may
cooperate with law enforcement authorities to investigate users who violate the law. We reserve
the right (but are not required) to remove or disable any content posted to the Sites or access to
Sites or Services at any time and without notice, and at our sole discretion, if we determine in our
sole discretion that your content or use of the Sites or Services is objectionable or violates the
Terms.

10. Disclaimer of Warranties and Conditions

AS IS.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT


PERMITTED BY APPLICABLE LAW, ROUNDGLASS PROVIDES THE SERVICES ON
AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND YOUR USE THE
SITES AND SERVICES IS AT YOUR OWN, SOLE RISK. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, PROVIDED BY ROUNDGLASS WILL
CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. ROUNDGLASS
PARTIES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER
ANY LAW WITH RESPECT TO THE SERVICE.

WITHOUT LIMITING THE FOREGOING, ROUNDGLASS MAKES NO


REPRESENTATIONS OR WARRANTIES:
 THAT THE SERVICES IS OR WILL BE PERMITTED OR FUNCTION
PROPERLY WHERE YOU LIVE OR ACCESS THE SITES OR SERVICES;
 THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE;
 THAT THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE
SERVICES OR PRODUCTS WILL BE ACCURATE OR RELIABLE;
 REGARDING THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER
CHARACTERISTICS OF THE SERVICES OR PRODUCTS;
 THAT THE SERVICES WILL BE WITHOUT DELAYS, CANCELLATION, OR
OTHER DISRUPTIONS; OR
 CONCERNING SITES AND RESOURCES OUTSDIE OF THE SERVICE, EVEN
IF LINKED FROM THE SERVICE.

FROM TIME TO TIME, ROUNDGLASS MAY OFFER NEW “BETA” FEATURES OR


TOOLS THAT ITS USERS MAY TEST AND EVALUATE. SUCH FEATURES OR TOOLS
ARE OFFERED SOLELY FOR EVALUATION PURPOSES AND WITHOUT ANY
WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT
ROUNDGLASS’ SOLE DISCRETION.

11. Limitation of Liability


o DISCLAIMER OF CERTAIN DAMAGESYOU UNDERSTAND AND
AGREE THAT TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, ROUNDGLASS WILL NOT BE LIABLE TO YOU
OR ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA, BUSINESS OR OTHER
INTANGIBLE LOSSES OR PROCUREMENT OF SUBSTITUTE GOODS
OR SERVICES, IN EACH CASE WHETHER OR NOT ROUNDGLASS
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
ARISING OUT OF OR IN CONNECTION WITH THE TERMS OR THE
SERVICE, INCLUDING ANY COMMUNICATIONS, INTERACTIONS OR
MEETINGS WITH OTHER USERS OF THE SERVICE, ON ANY
THEORY OF LIABILITY, WHETHER BASED ON WARRANTY,
COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
o CAP ON LIABILITYYOU UNDERSTAND AND AGREE THAT TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW
ROUNDGLASS’S LIABILITY TO YOU OR ANY OTHER PARTY
ARISING OUT OF OR IN CONNECTION WITH THE TERMS OR THE
SERVICE, INCLUDING ANY COMMUNICATIONS, INTERACTIONS, OR
MEETINGS WITH OTHER USERS, WILL NOT EXCEED, IN THE
AGGREGATE (FOR ALL CLAIMS), THE TOTAL AMOUNT ACTUALLY
PAID BY YOU TO ROUNDGLASS OVER THE THREE (3) MONTHS
PRECEDING THE DATE YOUR FIRST CLAIM AROSE.
o USER CONTENTEXCEPT FOR ROUNDGLASS’S OBLIGATIONS TO
PROTECT YOUR PERSONAL DATA AS SET FORTH IN OUR PRIVACY
POLICY, ROUNDGLASS ASSUMES NO RESPONSIBILITY FOR THE
TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE
ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR USER
GENERATED CONTENT AND ANY OTHER USER CONTENT), USER
COMMUNICATIONS OR PERSONALIZATION SETTINGS.
o EXCLUSION OF DAMAGESIF YOU LIVE IN A JURISDICTION THAT
DOES NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF
LIABILITY, THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT
APPLY TO YOU. TO THE EXTENT THAT ANY ASPECT OF THE
LIMITATIONS SET FORTH ABOVE DOES NOT APPLY, ALL
REMAINING ASPECTS SURVIVE. THE EXCLUSIONS AND
LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN
BETWEEN ROUNDGLASS AND YOU

12. Indemnification

You agree to indemnify, defend, and hold harmless RoundGlass and its directors, officers,
employees, and agents, from and against all claims, damages, losses and costs that arise from or
relate to

 your activities on the Service,


 any User Generated Content submitted by or on behalf of you, or
 your violation of the Terms.

13. Class Action Waiver

YOU AND ROUNDGLASS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST
THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, if the parties’ dispute is resolved through arbitration, neither JAMS nor the arbitrator
may consolidate another person’s claims with your claims or otherwise preside over any form of
a representative or class proceeding for any purpose.

14. Intellectual Property Infringement

We respect the intellectual property rights of others and we expect our users to do the same. To
report a copyright, trademark or other intellectual property rights infringement, please contact us
at support@round.glass, using the heading “Intellectual property report”.

15. Limitations and Changes to the Services


We will use every reasonable effort to keep the Services operational, but from time to time, there
may be some technical difficulties or maintenance that cause temporary interruption to your
access to the Services.

In addition, we’re always thinking of ways to improve the Services for our users, whether by
adding or removing features and functionalities or by suspending or stopping the Services
altogether. We will try to notify you of any changes or scheduled interruptions to Services access
beforehand, but we can’t guarantee that we always will.

16. Changes to the Terms

From time to time, we may make changes these Terms. If we make any material changes, we
will let you know by either posting an update on the Website or by sending you an email if we
have your email address on file. In some situations, we will notify you before making changes to
the Terms and your continued use of the Sites and Services will mean you have accepted the new
Terms.

17. Miscellaneous
o Governing Law.You agree that the laws of the state of Washington,
without regard to principles of conflict of laws, will exclusively
govern these Terms and any Dispute between you and RoundGlass.
o NoticesAll notices required or permitted to be given under these
Terms must be in writing. RoundGlass may provide you notice by
sending you an e-mail to the address on file with us, which you agree
electronically satisfies any legal requirement that such notice be in
writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING
THAT YOUR E-MAIL ADDRESS ON FILE WITH ROUNDGLASS IS
ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE
DEEMED EFFECTIVE UPON THE SENDING BY ROUNDGLASS OF AN
EMAIL TO THAT ADDRESS. You will give any notice to RoundGlass
by means of mail, postage prepaid, to RoundGlass LLC, 1756 114th
Avenue SE, Bellevue, WA 98004. Such notice to RoundGlass will be
effective upon receipt of notice by RoundGlass.
o SeverabilityIf any provision or part of these Terms is deemed to be
unlawful, void or for any reason unenforceable, then that provision
or part will be deemed severable from these Terms. Any severing of
a Term will not affect the validity and enforceability of any remaining
provisions or parts of the Terms.
o TerminationNotwithstanding anything to the contrary in these Terms,
RoundGlass reserves the right, without notice and in its sole and
absolute discretion, for any reason or no reason, to terminate your
access and use of any of the Services, including to block or prevent
your access and use of any of our websites. You agree that
RoundGlass will not be liable for any interruption or termination of
your access and/or use of our Services.
o No Third-Party BeneficiariesExcept as set forth in these Terms, only
you and RoundGlass may enforce these Terms; no third party will be
entitled to enforce these Terms.
o SurvivalThe provisions of these Terms which by their nature should
survive the termination of these Terms will survive such termination.
o WaiverNo waiver of any provision of these Terms by us will be
deemed a further or continuing waiver of such provision or any other
provision, and our failure to assert any right or provision under these
Terms will not constitute a waiver of such right or provision. Any
waiver must be in writing and signed by the Chief Executive Officer
of RoundGlass to be effective.
o AssignmentRoundGlass may assign these Terms to any person or
entity at any time, for any reason, with or without notice to you.
o AmendmentsThese Terms may not be amended unless agreed to in
writing and signed by the Chief Executive Officer of RoundGlass.

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