Last Updated October 14, 2024
Welcome to Roundya, inc. These Terms of Use ("Terms") are a contract between you and Roundya, inc LLC ("Roundya, inc" or "we") and govern your access to and use of any Roundya, inc website, mobile application (such as for iPhone or Android) or content (the "Site") or any activities, events, services, recordings, and/or products made available through Roundya, inc (collectively, "Services"). Please read these Terms carefully before accessing and/or using the Site and/or Services.
THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRE YOU TO ARBITRATE ALL DISPUTES YOU HAVE WITH Roundya, inc ON AN INDIVIDUAL BASIS. PLEASE SEE SECTION 18 FOR MORE INFORMATION ABOUT THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND Roundya, inc WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS WIDE ARBITRATION.
1. Terms of Use.
a) Acceptance of Terms. By accessing and/or using the Site and/or Services, or clicking any button to indicate your consent, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Site or any Services.
b) Amendment of Terms. Roundya, inc may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Site or Services after such posting constitutes your consent to be bound by the Terms, as amended.
c) Additional Terms. In addition to these Terms, certain plans, offers, products, services, elements or features may also be subject to additional terms, conditions guidelines or rules which may be posted, communicated or modified by us or applicable third parties at any time. Your use of any such plan, offer, product, service, element or feature is subject to those additional terms and conditions, which are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control. The Roundya, inc Privacy Policy is hereby incorporated by reference.
2. Roundya, inc Platform
a) Roundya, inc Platform. The Roundya, inc platform enables consumers to review and upload images of sales and clearance items. (collectively, "Sales"). Roundya, inc itself is not a merchant or retailer and does not own, operate or control any of the Services that are offered at or through such retailers or merchants.
b) Membership Options. There are a number of ways to participate in Services through Roundya, inc, such as various subscription plans, promotional plans, digital Services, and non-subscription purchases. These options consist of different Services, services and features and may be subject to additional and differing conditions, prices, policies and limitations. We reserve the right to modify, terminate or otherwise amend our offered options and plans at any time in our discretion. From time to time we may permit non-subscribers to access certain Services, content or features for a cost or at no cost. Roundya, inc makes no commitment on the quantity, availability, type or frequency at which such Services, content and features will be available to non-subscribers and may modify, discontinue, remove or suspend access at any time and for any reason in our sole discretion.
c) Non-Subscription Purchases. Roundya, inc may permit you to purchase certain products or Services through the Site, in addition to your subscription or without having a subscription. You acknowledge and agree that these Terms apply to any such purchase you make, and you will be responsible to pay the applicable fees, which may change at any time.
d) Roundya, inc Account. Your Roundya, inc account is personal to you and you agree not to create more than one account. You cannot transfer or gift Services or credits to third parties or allow third parties to use your Roundya, inc account, including other Roundya, inc users. You must not use or exploit the Site and/or Services for commercial purposes. We continually update and test various aspects of the Roundya, inc platform. We reserve the right to, and by using the Site and/or Services you agree that we may, include you in or exclude you from these tests without notice. You understand and agree that Roundya, inc may take actions we deem reasonably necessary to prevent fraud and abuse. You agree that the information you provide to Roundya, inc at sign up and at all other times will be true, accurate, current, and complete and that you will keep this information accurate and up-to-date at all times. When you sign up, you will be asked to create a password. You are solely responsible for all activity that occurs under your account, including any activity by unauthorized users. To use the Site you must have access to the Internet and may be required to download a Roundya, inc mobile application to use some or all of Roundya, inc features. You are solely responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Site and Services.
e) Eligibility. The availability of all or part of our Site and/or Services may be limited based on geographic, age, or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to Roundya, inc or may terminate your subscription at any time based on these criteria. For example, you must be 18 years of age or older to use the Site and/or Services and/or purchase a Roundya, inc subscription. You further understand that the Site and/or Services may not be available in every geography.
Roundya, inc CURRENTLY OPERATES IN THE USA THESE TERMS ARE ONLY APPLICABLE TO USERS IN THE U.S. THE SITE IS NOT AVAILABLE TO ANY USERS SUSPENDED OR REMOVED FROM THE SITE BY Roundya, inc. BY USING THE SITE, YOU REPRESENT THAT YOU ARE A RESIDENT OF THE UNITED STATES, AT LEAST 18 YEARS OLD AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED. THOSE WHO CHOOSE TO ACCESS THE SITE DO SO AT THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL RULES INCLUDING, WITHOUT LIMITATION, RULES ABOUT THE INTERNET, DATA, EMAIL OR OTHER ELECTRONIC MESSAGES, OR PRIVACY.
f) Communications:
By providing your information or creating an account, you agree that Roundya, inc may contact you by email, direct mail, telephone or text messages at any of the addresses or phone numbers, as applicable, provided by you or on your behalf in connection with a Roundya, inc account, including for marketing purposes. You may opt-out of marketing emails via the provided unsubscribe link or otherwise opt-out by contacting us at any time.
g) Subscribing Organizations. If you have express permission from Roundya, inc to open or use an account on behalf of a company, entity, or organization (a "Subscribing Organization"), then you represent and warrant that you are an authorized representative of such organization with the authority to bind such it to these Terms; and agree to be bound by these Terms on its behalf.
3. Gift Cards & Rewards
a) Gift Cards. From time to time we may make available gift cards for Roundya, inc membership. The current terms that apply to gift cards can be found here. Other than gifting a gift card as described in the gift card terms, you may not gift Experience or credits to the third parties and your use of Roundya, inc is personal to you.
b) Refer a Friend. From time to time we may make available certain incentives for Roundya, inc users to refer a friend to use Roundya, inc. The current terms that apply to referrals can be found here.
c) Other Promotions. Roundya, inc may offer additional types of offers and promotions which will be subject to additional terms and conditions that Roundya, inc may provide.
4. Termination or Modification by Roundya, inc. You understand and agree that, at any time and without prior notice Roundya, inc may (1) terminate, cancel, deactivate, disable, delete and/or suspend your subscription, your account, any orders placed, or your access to or use of the Site, your membership and/or Services (or any portion thereof, including but not limited to your access to any or all services) and/or (2) discontinue, disable, suspend, modify or alter any aspect, feature or policy of the Site , including of your subscription. This includes the right to terminate or modify any subscription prior to the end of any pre-paid or committed period. Upon any termination or otherwise, we may immediately deactivate your account and all related information and/or bar any further access to your account information and the Site. Roundya, inc shall have no liability for, and you shall have no recourse for, any such termination or deactivation, except as set forth in the following sentence. If you are subscriber, then upon any such termination by us without cause, as your sole recourse, we will issue you a pro rata refund of the prepaid portion of your subscription applicable to future unused services (less any fees or costs for Services or services already used). If we determine that you have violated these Terms or otherwise engaged in illegal or improper use of your membership, Services and/or the Site, you will not be entitled to any refund and you agree that we will not be responsible to pay any such refund. You agree that Roundya, inc will not be liable to you or any third party for any termination or modification to the service regardless of the reason for such termination or modification. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us is to cancel or terminate your subscription. If Roundya, inc deletes your account for these reasons, you may not re-register for or use the Site and/or Services under any other user name, email, payment method or profile. Roundya, inc may block your access to the Site to prevent re-registration.
5. Privacy. Your privacy is important to Roundya, inc. The Roundya, inc Privacy Policy is hereby incorporated into these Terms by reference. Please read the privacy policy carefully for information relating to Roundya, inc' collection, use, and disclosure of your personal information. Please see the Privacy Policy for more information.
6. Prohibited Conduct. Without limiting the prohibitions and restrictions found elsewhere throughout the Terms, you agree not to: " Harass, threaten, stalk, disrupt or defraud users, members or staff of Roundya, inc or Venues or any other person, or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment; " Act in a deceptive or fraudulent manner by, among other things, impersonating another person or access another user's account or signing up for more than one account; " Share Roundya, inc passwords with any third party or encourage any other user to do so; " Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, use for commercial purposes or otherwise exploit any portion of the Site; " Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights or notices from any portion of the Site; " Upload material (e.g. virus) that is damaging to computer systems or data of Roundya, inc or users of the Site or otherwise use the Site in any manner that could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of the Site; " Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others; " Upload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content; " Decompile, reverse engineer or disassemble the Site, in whole or in part, except as may be permitted by applicable law; " Link to, mirror or frame any portion of the Site; " Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site or unduly burdening or hindering the operation and/or functionality of any aspect of the Site; " Attempt to gain unauthorized access to or impair any aspect of the Site or its related systems or networks or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; " Make unsolicited offers, advertisements, proposals, or send junk mail or "spam" to users; " Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein; " Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site; " Modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site; " Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site; " Use the Site for or in connection with any purpose that is unlawful or prohibited by these Terms. Roundya, inc reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
7. User Submissions.
a) General. The Site provides certain features which enable you and other users to submit, post, share and search for content and information, which may include (without limitation) text, graphic and pictorial works, profile information, information about reserved or attended Services, friend connections or any other information submitted by you and other users or arising from your use of the Site ("User Submissions"). User Submissions also include reviews, ratings and other feedback ("Reviews"). We strongly recommend that you think carefully about what you upload to, share with or make accessible to the Site. Roundya, inc does not guarantee any anonymity or confidentiality with respect to any User Submissions. For information on how we use your personal information, please see our Privacy Policy.
b) Reviews. You understand and agree that Reviews may be made public without any additional notice to or consent by you and you should assume that any person (whether or not a user of Roundya, inc' platform), including any Venue, may read or have access to your Reviews. Roundya, inc is not responsible for the use or disclosure of any information that you disclose in connection with Reviews, including any personal information. Reviews are displayed for information purposes only and reflect the opinions of the person making the submission. They are not controlled by, and may not reflect the opinion of, Roundya, inc. You understand that all Reviews are the sole responsibility of the person from whom such Review originated. This means that you, and not Roundya, inc, are entirely responsible for all Reviews that you upload, post, e-mail, transmit, or otherwise make available through the Site.
c) Right to Remove or Edit User Submissions. Roundya, inc makes no representations that it will publish or make available on the Site any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Site, or to edit or remove any User Submission at any time with or without notice. Without limiting the generality of the preceding sentence, Roundya, inc complies with the Digital Millennium Copyright Act, and will remove User Submissions upon receipt of a compliant takedown notice (see the "Digital Millennium Copyright Act" section below). Roundya, inc may, but is not obligated to, monitor and edit or remove any activity or content, in whole or in part, including but not limited to content that Roundya, inc determines in its sole discretion to violate the standards of this Site. Roundya, inc takes no responsibility and assumes no liability for any User Submissions.
d) License Grant by You to Roundya, inc. You retain all your ownership rights in original aspects of your User Submissions. By submitting User Submissions to Roundya, inc, you hereby grant Roundya, inc and its affiliates, sublicensees, partners, designees, and assignees of the Site (collectively, the "Roundya, inc Licensees") a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, translate, prepare derivative works of, publicly display, publish, publicly perform, and otherwise exploit your User Submissions and derivatives thereof in connection with the Site and Roundya, inc's (and its successors') business, for any purpose, including, without limitation, for marketing, promoting, and redistributing part or all of the Site (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed.
e) User Submissions Representations and Warranties. By accessing and/or using our services, you hereby grant Roundya, inc and its affiliates, sublicensees, partners, designees, and assignees of the Site (collectively, the "Roundya, inc Licensees") a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, translate, prepare derivative works of, publicly display, publish, publicly perform, and otherwise exploit your User Submissions and derivatives thereof in connection with the Site and Roundya, inc's (and its successors') business for any purpose, including, without limitation, for marketing, promoting, and redistributing part or all of the Site (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed. You acknowledge that you may have what are known as "moral rights" in your User Submissions, for example the right to be named as the creator and the right not to have work subjected to derogatory treatment. You agree to waive any such moral rights you may have in User Submissions.
f) Inaccurate or Offensive User Submissions. You understand that when using the Site, you may be exposed to User Submissions from a variety of sources and that Roundya, inc does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST Roundya, inc WITH RESPECT THERETO.
g) Feedback. If you provide Roundya, inc with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site ("Feedback"), Roundya, inc shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant Roundya, inc a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose without notice to, consent by or compensation to you or any third party.
h) Infringing or Illegal Activity. In the event of infringing or other illegal activities, we have no obligation to, but reserve the right to terminate access to the Site and remove all content submitted by any persons who are found to be infringers. Any suspected illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Roundya, inc may have at law or in equity.
i) Roundya, inc Ratings. You may be required to rate your Services and/or other Roundya, inc experiences that you reserve.
j) Advertising. You give us permission to use and display your User Submissions next to or in connection with ads, offers, and other messages to your Roundya, inc friends, without any compensation or advance notice. We may, for example, send an email to one of your Roundya, inc friends to encourage them to join you in a class. You can update your preferences at any time by navigating to the Privacy Settings.
8. Ownership; Proprietary Rights; Content.
a) The Roundya, inc website and mobile applications are owned and operated by Roundya, inc. The content, recordings, visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), or any music, images, video, text, services, and all other material or elements of or available through the Site provided by Roundya, inc ("Content") are protected by the copyright, trade dress, patent, and trademark laws of the United States and other countries, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for your User Submissions, all Content contained on the Site are the copyrighted property of Roundya, inc or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Roundya, inc or its affiliates and/or third-party licensors whether registered or unregistered and may not be used in connection with any product or service or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Except as expressly authorized by Roundya, inc, you agree not to sell, license, distribute, copy, modify, download, record, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Content and may only access the Content for your personal, non-commercial use. In the event that Content are downloaded to your computer or mobile phone, you do not obtain any ownership interest in such Content. All rights not expressly granted in these Terms are reserved.
b) By installing, copying, or otherwise using the Site or its software, you acknowledge that you have read and understood these Terms, and agree to be bound by its terms and conditions. If you do not agree to (or cannot comply with) the terms and conditions of this Agreement, do not install, copy, or use the Site or Content.
c) You agree that you will not, for any reason whatsoever, reverse engineer, decompile, disassemble, or otherwise tamper with any security components, usage rules or other protection measures applicable to the Site or Content. You agree to abide by the rules and policies established from time to time by Roundya, inc. Such rules and policies will be applied generally in a nondiscriminatory manner to users of the Site and software, and may include, for example, required or automated updates, modifications, and/or reinstallations of the software and obtaining available patches to address security, interoperability, and/or performance issues.
You agree not to make any use of the Content that would infringe the copyright therein.
d) The Site and any related software may enable you to obtain, listen to, view, and/or read (as the case may be) Content that may be obtained by you in digital form, and you shall do so solely for your individual, personal, noncommercial entertainment use.
e) You agree not to share your Roundya, inc account with anyone other than yourself nor will you allow anyone other than yourself to access or use any Content accessible on or through the Site, including but not limited to sound recordings and/or musical compositions. You agree that you will not attempt to modify any software or Content obtained through the Site for any reason whatsoever, including for the purpose of disguising or changing any indications of the ownership or source of the Content. You further understand that you are not granted any commercial, sale, resale, reproduction, distribution, or promotional use rights for the Content, or any rights for uses that require a synchronization or public performance license with respect to the underlying musical composition and any unauthorized reproduction or distribution of Content is expressly prohibited and may violate applicable law. You are not permitted to modify, edit or repurpose any Content.
f) You represent, warrant and agree that you are using the Site hereunder for your own personal, noncommercial entertainment use and not for redistribution or transfer of any kind. You agree (a) not to redistribute, broadcast, publicly perform or publicly display any Content, or otherwise transfer any Content obtained through the Site,
(b) you will comply with all applicable laws in your use of the Content,
(c) that you will remain a resident of the United States for the duration of your use of the Site.
g) You understand and agree the Content may be owned by Roundya, inc or by third parties. However, in all circumstances, you understand and acknowledge that your rights with respect to Content will be limited by copyright law. All owners and providers of Content expressly reserve their rights in and to such Content and you are not permitted to infringe the rights of the copyright owner(s) of the Content, including but not limited to any sound recordings or musical compositions.
h) Roundya, inc and/or the owners of the Content may, from time to time, remove Content from the Site without notice.
i) The owners of Content are intended beneficiaries of this Agreement and shall have the right to enforce this Agreement against you.
j) The Site, including all software, Content and other information, materials and products included on or otherwise made available to you through the Service are provided "as-is" and "as available" without warranties of any kind from Roundya, inc or any owners of Content. To the full extent permissible by applicable law, Roundya, inc and all owners of Content disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Neither Roundya, inc nor any owner of Content warrants that the Site or any software, Content, information, materials or products included on or otherwise made available to you through the Site are free of viruses or other harmful components.
k) NEITHER Roundya, inc NOR ANY OWNER OF CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM SOFTWARE, CONTENT, INFORMATION, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, OR FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE SPECIFIC ITEM OF CONTENT GIVING RISE TO THE APPLICABLE CLAIM FOR DAMAGES.
9. Third-Party Sites, Products and Services;
Links. The Site may include links or access to other web sites or services ("Linked Sites") solely as a convenience to users. Roundya, inc does not endorse any such Linked Sites, or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, Roundya, inc makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, CONTENT, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
Sometimes promotional plans are offered in conjunction with the provision of third party products and services. We are not responsible for the products and services provided by such third parties, and use of such products and services is at your own risk.
Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Site are solely between you and such third party. YOU AGREE THAT Roundya, inc WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH THIRD PARTIES ON THE SITE.
10. Electronic Signatures and Agreements.
You acknowledge and agree that by clicking on the button labeled "CONFIRM PURCHASE," "SUBMIT", "DOWNLOAD", "PLACE MY ORDER", "I ACCEPT" or such similar links as may be designated by Roundya, inc to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY Roundya, inc. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
11. General Disclaimers; No Warranties.
SERVICES AND OTHER NON-Roundya, inc PRODUCTS AND SERVICES MADE AVAILABLE VIA THE SITE ARE PROVIDED BY THIRD PARTIES (AND THE DESCRIPTIONS OF THE FOREGOING POSTED ON THE SITE ARE PROVIDED BY SUCH THIRD PARTIES), NOT Roundya, inc. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOUR USE OF THE SITE AND YOUR ATTENDANCE AT, PARTICIPATION IN, PURCHASE AND/OR USE OF THE SERVICES, IS SOLELY AT YOUR OWN RISK. WE DO NOT ASSUME ANY LIABILITY OR MAKE ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING OUT OF, IN CONNECTION WITH OR WITH RESPECT TO THE SITE AND/OR SERVICES. IN NO EVENT SHALL Roundya, inc BE LIABLE FOR ANY ACT, ERROR OR OMISSION BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH A USER'S ATTENDANCE, USE OF OR PARTICIPATION IN A CLASS OR PRODUCT, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY. Roundya, inc IS NOT AN AGENT OF ANY THIRD-PARTY.
ALL ASPECTS OF OR CONTENT OR FEATURES AVAILABLE THROUGH THE SITE AND/OR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Roundya, inc, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND PARTNERS, DISCLAIMS AND EXCLUDES ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
WITHOUT LIMITING THE FOREGOING, Roundya, inc DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS (I) THAT THE SITE AND/OR ANY CLASS IS SUITABLE FOR YOU OR WILL MEET YOUR PERSONAL NEEDS, (II) REGARDING THE ADEQUACY OR SAFETY OF ANY CLASS OR RECOMMENDATION, (III) THAT THE SITE AND/OR ANY CLASS, OR ANY ASPECT THEREOF, WILL BE AVAILABLE OR PERMITTED IN YOUR JURISDICTION, (IV) THAT THE SITE, OR ANY ASPECT THEREOF, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) REGARDING THE USE OF THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY MATERIAL, CONTENT OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL, CONTENT OR DATA.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SET FORTH IN THESE TERMS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE SITE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
12. Waiver and Release. YOU UNDERSTAND THAT Roundya, inc IS NOT A GYMNASIUM, RETAIL LOCATION PLACE OF AMUSEMENT OR RECREATION, HEALTH CLUB, FACILITY, FITNESS STUDIO OR SIMILAR ESTABLISHMENT AND THE SERVICES THEY PROVIDE ARE OPERATED AND DELIVERED BY THE APPLICABLE VENUE AND NOT BY Roundya, inc. Roundya, inc IS NOT RESPONSIBLE FOR THE QUALITY OF ANY PRODUCT OR SERVICE PROVIDED BY A RETAILER OR THIRD PARTY (INCLUDING BUT NOT LIMITED TO THE FACILITY, INSTRUCTOR OR CURRICULUM). YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE PRODUCT OR RECOMMENDATIONS AVAILABLE ON OR THROUGH THE SITE AND/OR SERVICES ARE RIGHT FOR YOU. THE SITE IS CONTINUALLY UNDER DEVELOPMENT AND Roundya, inc MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN RESEARCH MAY IMPACT THE FITNESS OR RELATED ADVICE THAT APPEARS ON OR IN CONNECTION WITH THE SITE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE OR RECOMMENDATIONS CONTAINED IN OR THROUGH THE SITE AND/OR A CLASS WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL OR CONTENT.
THEREFORE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE, INDEMNIFY, AND HOLD HARMLESS Roundya, inc, ITS PARENT, SUBSIDIARIES OR AFFILIATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL RESPONSIBILITY, CLAIMS, ACTIONS, SUITS, PROCEDURES, COSTS, EXPENSES, DAMAGES AND LIABILITIES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR PARTICIPATION IN OR USE OF THE SITE AND/OR ATTENDANCE AT, PARTICIPATION IN, PURCHASE OF AND/OR USE OF ANY PRODUCT OR SERVICE) INCLUDING BUT NOT LIMITED TO WITH RESPECT TO BODILY INJURY, PHYSICAL HARM, LOSS, ILLNESS, DEATH OR PROPERTY DAMAGE.
13. Indemnification; Hold Harmless.
You agree to indemnify and hold Roundya, inc, its affiliated entities, subsidiaries, its suppliers, service providers and partners and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns, harmless from any claims, actions, suits, costs, expenses, losses, damages, liabilities, including attorneys' fees, arising out of or in connection with your misuse of the Site, Services, violation of these Terms, violation of the rights of any other person or entity, or any breach of your representations, warranties, and covenants set forth in these Terms.
14. Limitation of Liability and Damages.
UNDER NO CIRCUMSTANCES WILL Roundya, inc OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), OR OTHERWISE, EVEN IF Roundya, inc 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, Roundya, inc'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Roundya, inc' LIABILITY TO YOU IS LIMITED TO $50 OR THE AMOUNTS, IF ANY, PAID BY YOU TO Roundya, inc UNDER THIS AGREEMENT IN THE THREE MONTHS IMMEDIATELY PRIOR TO THE EVENT FIRST GIVING RISE TO THE CLAIM, WHICHEVER IS MORE. THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER Roundya, inc HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
15. Infringement Policy.
Please see our Digital Millennium Copyright Act document for an explanation of our copyright and trademark policies.
16. Arbitration Agreement
PLEASE READ THE FOLLOWING CAREFULLY:
a) Purpose. This Arbitration Agreement facilitates the prompt and efficient resolution of any disputes that may arise between you and Roundya, inc. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial.
Please read this Arbitration Agreement carefully. It provides that all disputes between you and Roundya, inc shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney's fees). For the purpose of this Arbitration Agreement, "Roundya, inc" means Roundya, inc and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term "Dispute" means any dispute, claim, or controversy between you and Roundya, inc regarding any aspect of your relationship with Roundya, inc, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT. b) Pre-Arbitration Dispute Resolution. Before initiating any Dispute, whether in court or arbitration, you must first give Roundya, inc an opportunity to resolve the Dispute by mailing written notification to Roundya, inc, Legal Department, 600 STATION DRIVE, #622 AVENEL, NJ 07001. That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If Roundya, inc does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.
c) Arbitration Procedures. If the Dispute is not resolved as provided above in the Pre-Arbitration Claim Resolution section, either you or Roundya, inc may initiate arbitration proceedings. The American Arbitration Association ("AAA"), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement. For arbitration before the AAA, for Disputes in which less than $75,000 is at issue, the AAA's Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA's Commercial Arbitration Rules will apply. In either instance, the AAA's Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. In the event that this Arbitration Agreement conflicts with the applicable arbitration rules, this Arbitration Agreement shall govern. Under no circumstances will class action procedures or rules apply to the arbitration. Because your contract with Roundya, inc, the Terms of Use, and this this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
d) Arbitration Award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by applicable federal law, including but not limited to the Federal Arbitration Act ("the FAA"), and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
e) Location of Arbitration. Arbitration shall take place in New York County, New York, but it may proceed by telephone if you so choose.
f) Payment of Arbitration Fees and Costs. Roundya, inc will pay all arbitration filing fees and arbitrator's costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law.
g) Class Action Waiver. Any Disputes arising out of or relating to your use of the Site and/or attendance at, participation in or use of Services, any purchase you make on or through the Site, any information you provide via the Site, and/or these Terms (including the formation, performance, or alleged breach), shall be submitted individually by you and will not be subject to any class action or representative status. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) . Neither you, nor any other Member of Roundya, inc and/or user of Roundya, inc services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding with respect to the matters set forth in the first sentence of this paragraph. You agree that this Class Action Waiver is material and essential to the arbitration of any dispute between you and Roundya, inc and is non-severable from the Arbitration Agreement. If any portion of this Class Action Waiver is limited, voided, or cannot be enforced, then the Arbitration Agreement shall be null and void. You understand that by agreeing to this Class Action Waiver, you may only pursue Dispute against Roundya, inc in an individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding.
h) Limitation of Procedural Rights. You understand and agree that, by entering into this Arbitration Agreement, you and Roundya, inc are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and Roundya, inc might otherwise have a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). By using the Roundya, inc Site or any Class, product or services, or otherwise accepting these Terms, you are entering into this Arbitration Agreement, and you give up those procedural rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator's decision is much more limited than in court, and in general an arbitrator's decision may not be appealed for errors of fact or law.
i) Severability. If any clause within this Arbitration Agreement, other than the Class Action Waiver clause above, is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable and the Dispute will be decided by a court of competent jurisdiction. j) Continuation. This Arbitration Agreement shall survive the termination of your contract with Roundya, inc and your use of the Roundya, inc Site, Services and services.
17. Miscellaneous.
a) Choice of Law; Forum. These Terms shall be governed in all respects by the laws of the State of New Jersey, without regard to conflict of law provisions, consistent with the Federal Arbitration Act (to the extent permitted by applicable law). If for any reason a claim proceeds in court rather than in arbitration (including any claims brought by parties outside the United States), the dispute shall be exclusively brought in state or federal court located in New York, New York.
b) Assignment. We may assign our rights and obligations under these Terms. The Terms will inure to the benefit of our successors, assigns and licensees. c) Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
d) Headings. 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.
e) Entire Agreement. These Terms and any applicable Additional Terms, as each may be amended as set forth herein, are the entire agreement between you and Roundya, inc relating to the subject matter herein.
f) Claims; Statute of Limitations. IN THE EVENT YOU HAVE A CAUSE OF ACTION THAT IS NOT OTHERWISE BARRED BY THESE TERMS, YOU AND Roundya, inc AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS AND/OR THE SITE AND/OR ATTENDANCE AT, PARTICIPATION IN, USE OF OR PURCHASE OF SERVICES) MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
g) Disclosures. The services hereunder are offered by Roundya, inc, Inc., located at: 600 station Drive #622 Avenel, NJ 07001. Contact us here. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
h) Waiver. No waiver of any of these Terms by Roundya, inc is binding unless authorized in writing by an executive officer of Roundya, inc. In the event that Roundya, inc waives a breach of any provision of these Terms, such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of these Terms and will in no manner affect the right of Roundya, inc to enforce the same at a later time. Further, in the event we choose to grant an exception to these Terms, any such exception is in our sole discretion and does not entitle you or anyone else to any exceptions in the future for similar circumstances.
i) Notice. Except as explicitly stated otherwise, legal notices will be served, with respect to Roundya, inc, on Roundya, inc' national registered agent, and, with respect to you, to the email address you provide to Roundya, inc during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing.
Privacy Policy
Last updated: October 14, 2024
Roundya, inc respects your right to privacy. This Privacy Notice explains who we are, how we collect, share and use personal information about you, and how you can exercise your privacy rights. This Privacy Notice only applies to personal information that we collect through our website at Roundya, inc.com and our mobile applications (collectively, the "Site"). This Privacy Notice applies to you if you use our Site in the US. If you have any questions or concerns about our use of your personal information, then please contact us using the contact details provided at the bottom of this Privacy Notice. The Site is not intended for or directed to persons under the age of 18, and we will not knowingly collect information from persons under 18. To provide information to us through registration or in any other manner on the Site, you must be 18 years of age or older.
1. What Does Roundya, inc Do? Roundya, inc enables consumers to find sales and clearance items offered and operated by retailers throughout the USA. Roundya, inc Inc., is headquartered in the United States.
2. What Personal Information Does Roundya, inc Collect?
We collect or receive personal information in a few different ways via the Site. Often, you choose what information to provide, but sometimes we require certain information in order for you to use, and for us to provide you with, the Site and the experiences you reserve or access through the Site. Data You Provide To Us.
There are a variety of different ways you may provide data to us, such as:
" Account Creation. To create an account, you need to provide data including information such as your name, email address, phone number, sign-up city and a password. If you make a purchase or sign up for a subscription, you will need to provide payment and billing information. You can choose to add further information to your account, such as birthdate, gender, photo and address. " Profile. To complete your profile, you may provide other information, such as a photo or birthdate but they are not required. " Posting and Uploading. We collect personal information from you when you provide, post or upload it to our Site, such as when you respond to a survey or provide a retailer review. " Third Party Data. You may not provide information to us about someone else unless you have obtained the prior consent of the other person for us to receive and use their information, such as for emergency contact or referral purposes. Data Collected Automatically Through Your Use of the Site. " We log usage data when you visit or otherwise use our Site, such as when you view or click on content or ads (on or off our Site), perform a search, browse, and install or update one of our mobile apps. Specifically, the information we collect automatically may include information like internet protocol ("IP") address, device type, unique device identification numbers, browser-type, broad geographic location (e.g. country or city-level location), language and marketing preferences and other technical information. We may also collect information about how your device has interacted with our Site, including the pages accessed and links clicked.
" We may also collect precise geolocation data pertaining to your mobile device, if you have consented to providing this to us through your device settings. We may use this information to provide, promote, and improve our services (for example, by showing you sales or clearances that are close to your location) and for related reasons, such as fraud prevention and security purposes. Please note that if you do not consent to providing your geolocation data, certain features of the mobile application may not work. Data Collected When You Connect To A Third Party Network. " Where we make this available, you may choose to sync your account details with a third party network, such as Facebook. If you do this, we will receive some of your Facebook account information. Exactly what information we receive will depend on your settings with the third party network, but typically we receive your basic public profile information such as your username, email address, age range, gender, chosen language, country, friends list and any other public information.
3. What Does Roundya, inc Do with the Personal Information it Collects? Roundya, inc uses personal information it receives for several purposes: " Site: To operate and maintain our Site and the products and services offered through our Site. For example, we use personal information to fulfill your reservation and purchase requests, including processing payments, and to customize your experience on our Site, such as by tailoring the content or experiences we show you. " Communication: To contact you through email, phone, postal mail, notices and/or push notifications posted on our websites or apps, and other ways. We will send you messages about the availability of our Site, security, customer service, or other service-related issues. We also send messages about the Site, updates, reminders, and promotional messages in accordance with your communications preferences. You may change your communication preferences at any time. Please be aware that you cannot opt-out of receiving service messages from us, including security and legal notices. " Customer Support: In connection with customer service inquiries and matters, such as to investigate, respond to and resolve complaints and service issues. " Social: To provide features which allow you to connect with, and be found by, other users. " Marketing: For marketing purposes, such as to develop our marketing strategy and offer contests, sweepstakes, or other promotions and to fulfill any related awards or discounts; " Research and Development: For research, analytical, recordkeeping, and reporting purposes; to develop and test new products, features and ideas; to learn about our customer base and Site and to evolve and improve our Site, products and services. " Security and Investigations: We use your information to maintain the security of our Site, including to verify your identity, to investigate or prevent possible fraud or other violations of our Terms of Use or this Privacy Notice and/or in connection with possible attempts to harm our members, visitors, studio partners or other third parties. " Other: For any other purpose identified at the point of collection or otherwise with your consent.
4. Who Does Roundya, inc Share My Personal Information With? We may disclose your personal information to the following categories of recipients or in the following circumstances: " third party services providers and partners who provide data processing and other services to us (for example, to support the delivery of, provide functionality on, or help to enhance the security of our Site, payment card processors, customer support vendors, hosting vendors and market research and marketing vendors), or who otherwise process personal information for purposes that are described in this Privacy Notice or notified to you when we collect your personal information; " to our group companies, to provide, develop, improve, and analyze the Site and our offerings; " If you sync your account to a third party network, such as Facebook, or provide us with your contacts, such as those stored on your mobile device, you will be able to see which of your contacts are using Roundya, inc. If those contacts are Roundya, inc members, they will also be able to see that you are using Roundya, inc; " If you accept a friend request from another Roundya, inc member then, in addition to your name, photo and other information associated with your account, that Roundya, inc member will also be able to see your past and upcoming classes, your achievement badges, your favorite studios, your friend connections and other profile information (together, "Profile Information"). We may use, communicate and display your Profile Information next to or in connection with ads, offers, and other messages to your Roundya, inc friends - for example, by sending an email to one of your Roundya, inc friends to suggest that they join you in class. If you would like to stop your Profile Information being shared with your Roundya, inc friends in this way, you can do so via the Privacy tab in your Account Settings;
" to anyone who visits our Site if you share information about yourself in a public area on our Site, such as in your public profile, a review or a retailer rating. You should be aware that any content or information you choose to disclose in these areas can be read, collected and used by other users, the general public and other sites (including search engines); " to any competent law enforcement body, regulatory, government agency, court or other third party where we believe disclosure is necessary as a matter of applicable law or regulation, to exercise, establish or defend our legal rights, or to protect your vital interests or those of any other person; " in connection with an actual or potential merger, sale, acquisition, investment, assignment, reorganization, joint venture, or transfer of all or part of Roundya, inc' business, assets, affiliates, including if Roundya, inc should ever file for bankruptcy or a related proceeding, provided that we inform the relevant third party it must use your personal information only for the purposes disclosed in this Privacy Notice; " to your program administrator (such as your employer or similar entity), if you participate in any enterprise solutions or the Roundya, inc Corporate Program; and " to any other person with your consent to the disclosure or otherwise in accordance with applicable law.
5. How does Roundya, inc Keep My Personal Information Secure? We use reasonable security procedures and practices appropriate to the nature of the information to protect the personal information that we collect and process about you. The measures we use are designed to provide a level of security appropriate to the risk of processing your personal information. We monitor our systems for possible vulnerabilities and attacks. However, we cannot guarantee 100% security of any information that you send us.
6. Your data protection rights You have the following data protection rights: " you may correct, amend, or delete your personal information by editing your profile on the Site or contacting us. " you have the right to opt-out of receiving direct marketing communications we send you at any time. You can exercise this right by clicking on the "unsubscribe" or "opt-out" link in the marketing e-mails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), then please contact us. " residents in California (and other states where required by law) have certain rights with respect to the personal information collected by businesses. If you are a resident of any such state, you may exercise the following rights regarding your personal information, subject to certain exceptions and limitations: " for certain categories of personal information, the right to request a list of what personal information (if any) we disclosed to third parties for their own direct marketing purposes in the preceding calendar year and the names and addresses of those third parties; " the right to know the categories and specific pieces of personal information we collect, use, disclose, and sell about you, the categories of sources from which we collected your personal information, our purposes for collecting or selling your personal information, the categories of your personal information that we have either sold or disclosed for a business purpose, and the categories of third parties with which we have shared personal information; " the right to request that we delete the personal information we have collected from you or maintain about you; " the right to opt out of our sale(s) of your personal information (if any); and " the right not to receive discriminatory treatment for the exercise of the privacy rights conferred by the CCPA. You may designate an authorized agent to make a request on your behalf. You can do this by authorizing your agent to access your Roundya, inc account and making a request on your behalf by contacting us. We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
7. Third Party Sites Our Site may contain links to third-party websites or mobile apps, including social sharing features and other related tools. Please be aware that Roundya, inc does not control these linked websites or apps and that this Privacy Notice does not apply to any information you give to the owner of these websites or apps. We encourage you to read the privacy policy of any third-party website or app that you visit before you provide them with any information.
8. Your consent to this Privacy Policy By using our Site, you agree to this Privacy Policy. We may occasionally update this Privacy Policy. The date of the most recent update of this document will always be displayed at the beginning of this page. If we change our Privacy Policy, we will post those changes on Roundya, inc.com. If we decide to use personal information in a manner different from that stated at the time it was collected, we will notify users via email (if an email address has been provided) or display a notice on Roundya, inc.com. We encourage you to periodically review this Privacy Policy to stay informed about how we are protecting the personal information we collect. Your continued use of this Site constitutes your agreement to this Privacy Policy and any updates.
9. How to contact us If you have any questions or concerns about our use of your personal information, please contact us at: Roundya, inc Inc. 600 Station Drive, Suite 622 Avenel, NJ 07001 Or contact us here. Cookie Notice Last updated: October 14, 2021 This Cookie Notice explains how Roundya, inc and its subsidiaries (collectively "Roundya, inc", " we", " us", and " ours" use cookies and similar technologies to recognize you when you visit our websites and use our mobile applications ("Site"). It explains what these technologies are and why we use them, as well as your rights to control our use of them.
What are cookies? Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by website owners in order to make their websites work, or to work more efficiently, as well as to provide reporting information. Cookies set by the website owner (in this case, Roundya, inc) are called "first party cookies". Cookies set by parties other than the website owner are called "third party cookies". Third party cookies enable third party features or functionality to be provided on or through the website (e.g. like advertising, interactive content and analytics). The parties that set these third-party cookies can recognize your computer both when it visits the website in question and also when it visits certain other websites.
Why do we use cookies? We use first party and third-party cookies for several reasons. Some cookies are required for technical reasons in order for our Sites to operate, and we refer to these as "essential" or "strictly necessary" cookies. Other cookies also enable us to track and target the interests of our users to enhance the experience on our Websites. Third parties serve cookies through our Sites for advertising, analytics and other purposes. This is described in more detail below.
First and third-party cookies served through our Sites and the purposes they perform are described below: " Essential website cookies: These cookies are strictly necessary to provide you with services available through our Sites and to use some of its features, such as access to secure areas. " Performance and functionality cookies: These cookies are used to enhance the performance and functionality of our Sites but are non-essential to their use. However, without these cookies, certain functionality may become unavailable. " Analytics and customization cookies: These cookies collect information that is used either in aggregate form to help us understand how our Sites are being used or how effective our marketing campaigns are, or to help us customize our Sites for you. " Advertising cookies: These cookies are used to make advertising messages more relevant to you and they perform functions like preventing the same ad from continuously reappearing and in some cases selecting and displaying advertisements to you across the internet that are based on your interests. " Social networking cookies: These cookies are used to enable you to share pages and content that you find interesting on our Sites through third party social networking and other websites. These cookies may also be used for advertising purposes too.
What about other tracking technologies? Cookies are not the only way to recognize or track visitors to a website. We may use other, similar technologies from time to time, like web beacons (sometimes called "tracking pixels" or "clear gifs"). These are tiny graphics files that contain a unique identifier that enable us to recognize when someone has visited our Sites or opened an e-mail that we have sent them. This allows us, for example, to monitor the traffic patterns of users from one page within our Sites to another, to deliver or communicate with cookies, to understand whether you have come to our Sites from an online advertisement displayed on a third-party website, to improve site performance, and to measure the success of e-mail marketing campaigns. In many instances, these technologies are reliant on cookies to function properly, and so declining cookies will impair their functioning. Our mobile applications may include third-party application software development kits that provide mobile performance and analytics data, bug reporting features, and APIs to third parties that help provide the Site, for social media functionality, and for marketing and advertising. Does Roundya, inc serve targeted advertising?
As described above, third parties may serve cookies on your computer or mobile device through the Sites to serve advertising. These companies may use information about your visits to this and other websites in order to provide relevant advertisements about goods and services that you may be interested in. They may also employ technology that is used to measure the effectiveness of advertisements. This can be accomplished by them using cookies or web beacons to collect information about your visits to this and other sites in order to provide relevant advertisements about goods and services of potential interest to you. The information collected through this process does not enable us or them to identify your name, contact details or other personally identifying details unless you choose to provide these.
How can I control cookies? You have the right to decide whether to accept or reject cookies. You can exercise your cookie preferences for certain third-party cookies by clicking on the appropriate opt-out links provided above. You can also set or amend your web browser controls to accept or refuse cookies. If you choose to reject cookies, you may still use our Site though your access to some functionality and areas of our website may be restricted, you may worsen your overall user experience, since it will no longer be personalized to you and it may also stop you from saving customized settings like login information. As the means by which you can refuse cookies through your web browser controls vary from browser-to-browser, you should visit your browser's help menu for more information. To revoke consent, users may disable cookies by modifying their browser settings. The links listed below provide more information about what cookies are installed, how to allow, block or remove installation from your computer. Depending on which browser you use, the user may follow these links:
" Firefox: https://support.mozilla.org/en-US/products/firefox/protect-your-privacy/cookies " Chrome: http://support.google.com/chrome/bin/answer.py?hl=es&answer=95647 " Safari: http://support.apple.com/kb/ph5042 " Explorer: http://windows.microsoft.com/es-es/windows7/how-to-manage-cookies-in-internet-explorer-9
In addition, most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit http://www.aboutads.info/choices/, https://www.networkadvertising.org/, or http://www.youronlinechoices.com. Please bear in mind that there are many more networks listed on that site than those that we use on our Website.
We use Google cookies for analytics and marketing purposes. You can opt-out of Google tracking through Google Ads Settings, Ad Settings for mobile apps, or any other available means. Google also provides a Google Analytics opt-out plug-in for the web.
What is Do Not Track (DNT)? DNT is a concept that has been promoted by regulatory agencies such as the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing Internet users to control the tracking of their online activities across websites by using browser settings. The World Wide Web Consortium (W3C) has been working with industry groups, Internet browsers, technology companies, and regulators to develop a DNT technology standard. While some progress has been made, it has been slow. No standard has been adopted to this date. As such, Roundya, inc does not generally respond to "do not track" signals. How often will this Cookie Notice be updated? We may update this Cookie Notice from time to time in order to reflect, for example, changes to the cookies we use or for other operational, legal or regulatory reasons. Please therefore revisit this Cookie Notice regularly to stay informed about our use of cookies and related technologies. The date at the top of this Cookie Notice indicates when it was last updated. Where can I get further information? If you have any questions about our use of cookies or other technologies, please contact us.