RollUp Terms of Service
Last Revised: June 14, 2024
PLEASE READ THESE LEGALLY BINDING ROLLUP TERMS OF SERVICE CAREFULLY, INCLUDING ANY LINKED TERMS (COLLECTIVELY “TERMS”) BEFORE ACCESSING OR USING ANY COMPONENT OF THE ROLLUP PLATFORM OR ANY RELATED PRODUCTS, SERVICES, OR CONTENT.
This is a legal agreement between RollUp LLC ("RollUp," "we," "us," or "our") and the individual that downloads, accesses, installs or uses any aspect of the RollUp Platform (defined below) (“you” or “your”) whether or not such downloading, access, installation, or use is direct (or indirect via a third-party who downloads, accesses, installs or uses the RollUp Platform on your behalf ). RollUp and you are each deemed a “Party” or the “Parties” to these Terms.
The RollUp Platform connects users who would like to get rid of Items (each, a “Customer”) with potential service providers (each, a "Hauler") whom Customers can engage via the RollUp Platform to get your junk removed. Both Customers and Haulers are users of the Rollup Platform, both referred to herein as “you.”
These Terms apply to any access and/or use of the RollUp mobile application (the "App"), the www.RollUpApp.com website (or the related RollUp domains) (the "Site(s)") and any other products and services RollUp makes available to you via its App or its Site(s), including the updates and upgrades of any of the forgoing that are provided to you during the term (collectively, the "RollUp Platform").
Accepting these Terms
BY DOWNLOADING THE APP, ACCESSING THE SITE(S) OR OTHERWISE ACCESSING OR USING ANY PRODUCT OR SERVICE MADE AVAILABLE VIA THE APP OR THE SITE(S) OR ANY COMPONENT OF THE ROLLUP PLATFORM (OR BY ALLOWING A THIRD PARTY TO ACCESS OR USE THE ROLLUP PLATFORM ON YOUR BEHALF OR FOR YOUR BENEFIT), YOU AGREE TO BE BOUND BY THESE TERMS WITH RESPECT TO THE ROLLUP PRODUCTS AND SERVICES COVERED BY THESE TERMS. Please read all the terms before you directly (or indirectly) access or use (or have a third-party access or use) any component of the RollUp Platform on your behalf or for your benefit. If a term does not make sense to you, please let us know. If you don't agree to these Terms, you may not access or use (or ask a third party to access or use) the RollUp Platform on your behalf or for your benefit.
Modifications
You represent and warrant that you will review these Terms prior to making or accepting a Request (defined below) and that any continued access or use of the RollUp Platform is subject to the then current Terms posted at the time of your access or use.
We reserve the right to change these Terms from time to time. The Terms applicable to you are the Terms in place when you access or use the RollUp Platform. If we make changes to the Terms, we will notify you by revising the date at the top of these Terms and, in some cases, we will provide you with additional notice (such as adding a statement to our homepage or sending you an email notification).
We encourage you to review the Terms regularly, and prior to initiating any new Request on the RollUp Platform so that you are aware of the most current Terms which will apply at the time of your access or usage. If you do not agree to the Terms effective at the time of access or usage, then you should discontinue all use of the RollUp Platform.
Privacy Policy
For information about how we collect, use and share information about users of the RollUp Platform, please see our Privacy Policy at https://www.rollupapp.com/privacy.
Description of the RollUp Platform
Through the RollUp Platform, Customers can submit a request (a "Request") for a Hauler to pick up the item(s) Customers specify (your "Items") for removal or donation to a donation center (the "Services"). Customers can submit a Haul Request and state the price they are willing to pay in order to get your junk removed. Customers will be directed to a Haul Confirmation page outlining the fee that will apply to completing your Request for the Services (the "Services Fee"). Once you submit the payment information to cover the Service Fee for the Request, your Request will be sent out to our network of Haulers. Customers will receive a notification through the RollUp Platform when a Hauler has accepted your Request and agrees to provide the Services. Alternatively, if a Hauler provides a counteroffer, you can either accept or decline the counter. Once both parties have come to an agreement on price, you will be able to communicate with that Hauler through the RollUp Platform to confirm and coordinate certain logistics involved with completing your Request.
You represent and warrant that the Items related to any Request are your personal property or that you have the requisite permissions, consents, and rights to make the Request of the Hauler to perform the Services in relation to the Items specified in the Request and that completing the Services in relation to the Items identified in the Request will not result in the violation of any laws, regulations, contracts or agreements to which you are bound, or a third party's rights of any kind. Rollup is not liable to Customers, Haulers or other third parties for any violations of this section, and reported or discovered violations may result in your account being suspended and/or terminated.
Creating Accounts
When you create an account you must maintain the security of your password. If you discover or suspect that someone is accessing your account without your permission or has obtained your password or that there is any RollUp Platform security breaches, please let us know as soon as possible. You represent and warrant to us that all information that you provide in connection with your account is accurate, truthful, current and complete. RollUp reserves the right to deny any account at our discretion.
Payment for Services
You must provide credit card, debit card, Venmo, or PayPal information to submit a Request. You are responsible for paying the applicable Services Fee for any completed Services. Once you submit a Request, we will place a temporary hold on the credit card account you provided in an amount equal to 100% of the applicable Services Fee. Once you and the Hauler have verified that the Services are completed, you will have the option of paying an additional gratuity (a "Tip") to the Hauler, and your account will be charged for the sum of the Services Fee, any Tip, and the fees for any additional services you may request.
You agree to make all payments to the Hauler through the RollUp Platform and will not pay any Hauler in cash or means other than directly through the RollUp Platform.
Canceling a Request as a Customer
If you cancel any Request before a Hauler accepts it you will not be charged and the hold will be lifted on your credit card. If you cancel any Request after a Hauler accepts it, your credit card account may be charged up to 50% of the applicable Services Fee as set forth in RollUp's Cancellation Policy below. You can cancel your Haul Request in the app at any time. Simply log into your account, navigate to the Haul you would like to cancel and click “Cancel”. Please reach out if you have any concerns that we can assist with before canceling.
Customer Cancellation Policy
If your Haul Request is cancelled before a Hauler is scheduled or with more than 24 hours notice, you are not charged a cancellation fee.
Cancellation Fee | Timeframe of Scheduled Booking |
No Fee | At least 24 Hours in advance of Hauler start time |
50% Fee | 0-24 Hours before Hauler start time |
Canceling a Haul as a Hauler
If Haulers cancel any counteroffer to a Request that has not been accepted by the Customer, Haulers are not penalized. If Haulers cancel a Job within 24 hours of the Hauler start time, the cancellation will affect their Hauler Cancellation Rate.
Job Change Request
If Customers would like to modify the details of their Request before a Hauler has accepted it, they may select “Edit Job” and save any updates. After a Request has been accepted by a Hauler, Customers are to message their Hauler via the chat feature to request any modifications. Only Haulers can initiate a Job Change Request. Once a Job Change Request has been initiated by a Hauler, a Customer can choose to either accept or reject the updated details. If a Change Request has been rejected by a Customer, the Request still remains active until completion.
Right to Use the RollUp Platform; Certain Restrictions
On the condition that you fully comply with these Terms, RollUp grants you a limited, nonexclusive, non-transferable and revocable license to access and use the RollUp Platform for your own personal, non-commercial use.
However, with respect to access and use of the App, you represent and warrant that you will only download and access the App on mobile devices that you own or control or that you have express permission to use.
These Terms will govern your access and use of any upgrades provided by RollUp that replace and/or supplement the original App, Site(s), or other components of the RollUp Platform. If a RollUp product or service is not covered by these Terms, then it will be accompanied by a separate license, in which case the terms of that license will govern.
You may not (and you may not authorize any other party to) (a) modify, disclose, alter, translate or create derivative works of the RollUp Platform, (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the RollUp Platform, (c) disassemble, decompile or reverse engineer any of the software components of the RollUp Platform, (d) copy, frame or mirror any part of the RollUp Platform, (e) interfere with or disrupt the integrity or performance of the RollUp Platform, or (f) attempt to gain unauthorized access to the RollUp Platform or its related systems or networks. The restrictions stated herein apply to any and all components or parts of the RollUp Platform, including the App, Site(s), or any software that comprises any of the components of the RollUp Platform.
Prohibited Use of the RollUp Platform
You may not post or otherwise make available on or through the RollUp Platform any of the following:
Also, you may not do any of the following in connection with the RollUp Platform (or any component thereof) or other users, each as applicable:
Your use of the RollUp Platform is at your own risk. You are responsible and liable for the content of your Requests, your interaction with the Haulers and any other user of the RollUp Platform. You agree that RollUp is not responsible or liable for the content of your Requests, your actions, the conduct of, or your interactions with, Haulers or any other users (whether online or offline) or for any related damage or harm. As a mere provider of interactive services, RollUp is not liable for the content of any Requests or responses obtained in connection with making a Request. Although we have no obligation to screen, edit or monitor Requests or responses to Requests, we reserve the right, and have the discretion, to screen, edit or remove your or any Hauler’s access to any component of the RollUp Platform or to remove any Requests at any time, for any reason and without notice.
Disputes between You and a Hauler; Disclaimers and Releases
The RollUp Platform is merely a neutral means of connecting Customers with potential Haulers. You, by using the Rollup Platform, accept the potential risks associated with junk-removal services.
Please report any suspected illegal or unethical behavior by an Owner or a Hauler during the performance of any Services to local law enforcement and/or RollUp by emailing support@rollupapp.com. FOR EMERGENCY ASSISTANCE DURING A JUNK REMOVAL, CONTACT YOUR LOCAL LAW ENFORCEMENT BY CALLING 911.
RollUp, as a connection platform, will not facilitate any disputes between Customers and Haulers, including but not limited to disputes regarding property (personal or real) damage. Please resolve between yourselves, your insurance companies or involve law enforcement.
For Customers:
We are not responsible or liable for you, your actions (or inactions), your pending or accepted Requests, or for the Haulers, the Hauler’s responses or actions (or inactions), the Services, or for the Items which are the subject of the requested Services. As a condition of allowing your access or usage of the RollUp Platform to connect with Haulers, you agree to forgo and waive any claim or suit against us and to release us from any liability, loss, damages, or harm (a) caused by the Haulers or their Services (or their failure to provide adequate services); (b) relating to the Items or the handling of Items; and (c) to persons or to property (personal or real) associated with Request of Services (or failure to deliver Services).
We provide no warranty or assurance of any kind that any Hauler you engage with on the Rollup Platform or in person will meet your expectations or will follow your instructions in performing any Services or not cause harm or damage to your Items or to other property or persons. Any dispute that you may have with the Hauler regarding the performance of any Services (or the Items which are the subject of the Services), including any dispute related to the time, place, and manner of performing, is between you and the applicable Hauler. RollUp is not responsible for the replacement or repair of any Items or for damage, loss or harm to any other personal or real property that may be damaged by a Hauler while performing the Services. You explicitly assume the risks associated with inviting a Hauler onto your property for junk removal.
Customers warrant they have the requisite homeowner or renter insurance.
For Haulers:
We are not responsible or liable for you, your actions (or inactions), your accepted Requests, or for the Customers, the Customers’ responses or actions (or inactions), the Services, or for your vehicle and trailer (your “Vehicle”) used to perform the requested Services. As a condition of allowing your access or usage of the RollUp Platform to connect with Customers, you agree to forgo and waive any claim or suit against us and to release us from any liability, loss, damages, or harm (a) caused by the Customers during or related to your performance of the Services; (b) relating to the Items or the handling of Items; and (c) to persons or to property (personal or real) associated with Request of Services (or failure to deliver Services), including but not limited to your Vehicle.
We provide no warranty or assurance of any kind that any Owner you engage with on the Rollup Platform or in person will meet your expectations or will not cause harm or damage to your Vehicle or to other property or persons. Any dispute that you may have with the Owner regarding the performance of any Services (or the Items which are the subject of the Services), including any dispute related to the time, place, and manner of performing, is between you and the applicable Owner. RollUp is not responsible for the replacement or repair of any Vehicles or for damage, loss or harm to any other personal or real property that may be damaged by an Owner or by yourself while performing the Services, including during transit from the Owner’s location to the junk removal site. You explicitly assume the risks associated with entering an Owner’s property for junk removal.
All Haulers are required to have the requisite insurance coverages on their Vehicle and all Haulers are responsible for the costs of such insurance and any uninsured or underinsured losses, claims or expenses.
Reporting and Removal
RollUp users may report content to RollUp within the RollUp Platform that they think violates these Terms, and RollUp may remove such content, suspend or terminate the account of the user who posted or otherwise made available such content and/or take additional action to enforce these Terms against such user.
Also, in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, users may report infringement of their intellectual property, and RollUp will follow the processes outlined in the DMCA to address any reported infringement.
If you believe that anything on the RollUp Platform infringes upon any copyright that you own or control, you may file a notification with RollUp's Designated Agent as set forth below:
Designated Agent: RollUp LLC
Address of Designated Agent: 2837 Sunnywood Avenue, Woodland Park, CO
80863
Email Address of Designated Agent: support@rollupapp.com
Phone number of Designated Agent:
719-412-8203
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys' fees, incurred by RollUp or the alleged infringer as the result of RollUp relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
RollUp may also at its sole discretion limit access to the RollUp Platform or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Additionally, RollUp has adopted a policy of terminating, in appropriate circumstances and at RollUp's sole discretion, subscribers or account holders who are deemed to be repeat infringers.
RollUp's Rights
As between you and RollUp, all information, materials and content of the RollUp Platform, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is owned by RollUp or is used with permission. When you create, share, link to, or otherwise make available any Requests, you grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Requests throughout the world in any manner or media, on or off the RollUp Platform. RollUp reserves all rights not expressly set forth in these Terms. You hereby irrevocably waive in favor of RollUp any and all moral rights that you may possess in or to any Requests.
Feedback
Any suggestions, comments or other feedback you give us about the RollUp Platform (the "Feedback") will constitute our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this Feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.
Location Information
The RollUp Platform collects location information and it will be used and disclosed as set forth in the Privacy Policy at https://www.RollUpApp.com/privacy.
By accepting these Terms or using the App, the Site(s), or any component of the RollUp Platform, you affirmatively consent to RollUp's collection, use, disclosure and storage of your location information. You may revoke your consent with respect to RollUp's collection, use, disclosure and storage of your location information at any time by deleting the App from your mobile device, or by changing the privacy settings on your mobile device. Please know that if you revoke your consent by doing one of the foregoing or you delete or deactivate your account, we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period.
If you consent to our collection of location information and you do not subsequently stop the collection of this location information, RollUp will continue to collect this location information. If you consent to our collection of location information, subsequently stop the collection of this location information and later consent to the collection of this location information, RollUp will resume the collection of location information.
RollUp takes reasonable measures to protect your location information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.
Disclaimers
EXCEPT AS REQUIRED OTHERWISE OF ROLLUP BY APPLICABLE LAW, THE ROLLUP PLATFORM AND EACH COMPONENT THEREOF AND ANYSERVICE, PRODUCT, AND/OR CONTENT INCLUDED ON OR DELIVERED TOGETHER WITH, OR OTHERWISE MADE AVAILABLE TO YOU IN CONNECTION WITH ANY OF THE FORGOING ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM AND EXCLUDE ANY AND ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), AND ALL OTHER TERMS WHICH MAY BE IMPLIED INTO THESE TERMS BY LAW, WITH RESPECT TO THE ROLLUP PLATFORM THE ROLLUP PLATFORM AND EACH COMPONENT THEREOF AND ANYSERVICE, PRODUCT, AND/OR CONTENT INCLUDED ON OR DELIVERED TOGETHER WITH, OR OTHERWISE MADE AVAILABLE TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM AND EXCLUDE ANY AND ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), AND ALL OTHER TERMS WHICH MAY BE IMPLIED INTO THESE TERMS BY LAW, WITH RESPECT TO THE HAULER, THE RESPONSES THEY PROVIDE TO YOU USING THE ROLLUP PLATFORM, AND THE SERVICES YOU HIRE THEM TO PROVIDE, WHETHER OR NOT THEY PROVIDE THEM. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL ROLLUP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, PROPERTY (PERSONAL OR REAL), PHYSICAL LOSSES, DEATH, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, THE ROLLUP PLATFORM (INCLUDING THE APP, THE SITE(S), OR RELATED PRODUCTS, SERVICES OR CONTENT, INCLUDING REQUESTS AND RESPONSES TO REQUESTS, HAULERS ACTIONS OR INACTIONS, SERVICES PERFORMED OR NOT PERFORMED BY HAULERS, AND/OR THIRD-PARTY SERVICES OR MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF ROLLUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
FOR ANY LOSS OR DAMAGE THAT IS NOT EXCLUDED UNDER THESE TERMS, THE TOTAL LIABILITY OF ROLLUP AND ITS DIRECTOR, EMPLOYEES, AGENTS, AFFILIATES AND INVESTORS WILL NOT EXCEED THE LESSER OF (A) TO YOU, THE TOTAL AMOUNT OF SERVICES FEES PAID FOR REQUESTS IN THE PAST 12 MONTHS, (B) TO HAULERS, THE TOTAL AMOUNT OF EARNINGS PAID TO YOU OVER THE PAST 12 MONTHS, OR (C) TWO HUNDRED DOLLARS ($200).
THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE PROVISIONS OF THIS SECTION WILL APPLY ONLY TO THE MAXIMUM EXTENT POSSIBLE UNDER LAWS APPLICABLE TO YOU (INCLUDING WHERE RELEVANT THE APPLICABLE CONSUMER PROTECTION LAWS).
Indemnification
You will defend us from and against any actual or threatened suits, actions, proceedings (at law or in equity), and claims, and indemnify us for any and all damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys' fees, costs, penalties, interest, and disbursements) arising from or related to any of your Requests and your conduct with respect to the RollUp Platform, requesting or obtaining Services, or your violation (or alleged violation) of these Terms or the rights of any third party by you or any person using your RollUp account.
Third Party Software
The software you may download (if relevant) consists of a package of components, including certain third party software provided under separate third party license terms. Your use of this third party software in conjunction with the App in a manner consistent with the terms of these Terms is permitted, however, you may have broader rights under the applicable third-party license terms, and nothing in these Terms is intended to impose further restrictions on your use of this third-party software.
Changes to the RollUp Platform
RollUp reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Sites, the App, components of the RollUp Platform and/or any features, information, materials or content available on the RollUp Platform with or without providing notice to you. RollUp will not be liable to you or any third party for any changes or discontinuance of the Sites, the App, the RollUp Platform (or any part of the RollUp Platform) and/or any features, information, materials or content available on the RollUp Platform.
Consent to Electronic Communications
By using the RollUp Platform, you agree that we may communicate with you electronically regarding your use of the RollUp Platform and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at support@rollupapp.com.
Suspension and Termination
RollUp may suspend or terminate your rights to access or use any and all aspects of the RollUp Platform (including the App) for any reason or for no reason at all and with or without notice at RollUp's discretion. All of the terms of these Terms (excluding the license grant) will survive any termination or suspension.
Governing Law; Arbitration
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH ROLLUP AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM ROLLUP.
These Terms shall be governed by and construed in accordance with the laws of the State of Colorado and the United States of America, without resort to any conflict of law provisions.
In the event of any controversy or claim between the Parties, arising out of or relating in any way to these Terms and the subject matter covered by these Terms, you and RollUp agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other demand mediation under the mediation rules of the American Arbitration Association in Denver, Colorado. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation, but you and RollUp are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Whether the dispute is heard in arbitration or in court, you and RollUp will not commence against the other a class action, class arbitration or other representative action or proceeding.
If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in Denver, Colorado. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys' fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.
For any disputes between the Parties that are not handled by arbitration, you agree that any action at law or in equity arising out of or relating to these Terms and/or the subject matter covered by these Terms shall be filed only in the state and federal courts located in Denver, Colorado and the Parties each hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding between the Parties arising out of or relating these Terms and/or the subject matter covered by these Terms.
General
Enforcement of these Terms is solely at RollUp's discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances.
If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect.
The section headings of these Terms are for reference purposes only and will not affect the meaning or interpretation of these Terms.
These Terms (and terms or policies incorporated herein) make up the entire agreement between you and us regarding the subject matter covered herein, including access and use of RollUp Platform, Requests, and the Services, and they supersede any other terms, whether implied or expressed.
Contact Us
If you have any questions about these Terms, please email us at info@rollupapp.com or send a letter to:
RollUp LLC
2837 Sunnywood Avenue
Woodland Park, CO 80863
Notice for California Users
If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the address above with your electronic mail address and a request for these Terms. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Notice Regarding Apple
Apple, Inc. and Other Third-Party Beneficiaries. You acknowledge and agree that Apple, Inc. ("Apple") and its subsidiaries are third-party beneficiaries of these Terms, and further that (a) upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party; (b) these Terms are conducted between you and RollUp only, and not Apple; (c) RollUp, and not Apple, is solely responsible for the RollUp Platform and the content thereof provided by RollUp; (d) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the RollUp Platform; (e) to the maximum extent permitted by applicable law, Apple will have no warranty obligation with respect to the RollUp Platform; and RollUp, and not Apple, will be responsible for any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the RollUp Platform to conform to any applicable warranty; (f) in the event of any third party claim that the RollUp Platform or your possession and use of that RollUp Platform infringes that third party's intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; and (g) Apple will not be responsible for addressing any of your claims or any third party claims relating to the RollUp Platform or your possession and/or use of the RollUp Platform, including, but not limited to: (i) product liability claims; (ii) any claim that the RollUp Platform fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.