iRobot™ Coding Club Terms of Service
Our iRobot Coding Club Terms of Service (or “Terms of Service”) is a contract between you (the customer and user of the services and related products) and us (iRobot Corporation and our affiliates, also referred to as “we” or “iRobot”) describing the access and use of the products and services we will provide to you, how we will work together with you, and other aspects of our relationship.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE PURCHASING OR USING OUR PRODUCTS AND SERVICES. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND INCLUDES IMPORTANT INFORMATION REGARDING TERMINATION, AN ARBITRATION AGREEMENT, AND JURY TRIAL AND CLASS ACTION WAIVERS.
You are purchasing a subscription for an iRobot Coding Club Membership (the “Membership”). There are three tiers of Membership available – the Trailblazer Plan, the Trainer Plan, or the Creator Plan (each a “Membership Tier”). Each tier of Membership includes one (1) Root® rt1 coding robot (a “Membership Robot”). The Trainer Plan also includes one (1) Root™ brick top accessory (each an “Accessory”). The Creator Plan includes five (5) additional Membership Robots (for a total of six (6) Membership Robots) and six (6) Accessories. We collectively refer to Membership Robots and Accessories as “Membership Products”. Your Membership also includes dedicated customer support, access to iRobot Coding Club Office Hours, premium access to our Learning Library, VIP registration access to iRobot Education’s Learning Design Webinar series, educator training, and the RoboCare Protection Plan (each as defined and described below and collectively the “Membership Services”). Your Membership begins on the date of payment for credit card purchases and on the date of iRobot’s confirmation of receipt of a signed quote and purchase order for purchase order payments. and will continue for the Term associated with your Membership Tier (See Section 4 – Membership Term, Termination, and Returns and Refunds).
We grant you a personal, limited, non-transferable, non-exclusive license for the duration of your Membership to access and use the Membership, including the Membership Products and Membership Services, related software (as further explained in our End User License Agreement), and iRobot websites or mobile applications. All rights not expressly granted by iRobot in this Agreement are reserved by iRobot. You are responsible for providing your own ability to access (e.g., computer, email address, mobile device, Internet connection, etc.) the Membership and Membership Services at your own expense.
We may modify the Membership from time to time, including by adding or deleting products, services, features, and functions. When possible, we will provide thirty (30) days’ notice of material changes to the Membership via email.
(a) Membership Products. Membership is required for operation of Membership Robots. Following your initial purchase, you will receive applicable Membership Products pre-configured for your Membership Tier and, during the Term of your Membership, your Membership Robots will be activated for use. If your Membership is terminated or if you do not renew your Membership at the end of the applicable Term, your Membership Robots will not function or be able to operate. (See Section 4 – Membership Term, Termination, and Returns and Refunds.) Your Membership Services are only for the Membership Products you receive in connection with this Membership; Membership Services will not apply and cannot be used for any other robots, products, or services that you may purchase from iRobot. The Membership and Membership Products cannot be transferred or gifted.
To realize the full value of your Membership, you must maintain and take care of your Membership Products as outlined in the applicable Product Information Guide.
Additional Membership Robots and Accessories may be added to your Membership, please contact an In-House Expert (defined below) for additional information. Once additional Membership Robots and/or Accessories are added, they will be subject to this Agreement and considered Membership Products. If you add Membership Robots and/or Accessories after your Membership is already active, this will not extend the Term of your Membership (See Section 4 – Membership Term, Termination, and Returns and Refunds).
(b) Membership Services. Your Membership Tier will determine which Membership Services you are eligible to receive. The following table sets forth the applicable Membership Services for each Membership Tier. Each Membership Service is further described in this Section 2(b).
Applicable Membership Services
You may contact an In-House Expert via email. The appropriate email address will be provided to you via email once your Membership is activated. An In-House Expert is assigned by us as needed by you and Membership support will generally be available Monday through Friday from 9:00 AM – 5:00 PM EST, excluding holidays. If an In-House Expert is unavailable, we may make another experienced customer care agent available to you. No advice or information provided by an In-House Expert will create any warranty not expressly made herein. Please notify an In-House Expert of any issues or defects that you experience with your Membership Products or Membership Services.
From time to time, the features available through Dedicated Customer Support or your In-House Expert may change.
Access to the self-guided training course will be provided via email upon Membership activation and will continue during the Term of your Membership. Your access to the self-guided training course may not be shared or distributed to any third parties.
Introductory training webinars are provided periodically and one session will be included in your Membership for no cost for a specified number of seats. If you have the Trainer Plan, your Membership includes 1 seat to an introductory webinar. If you have the Creator Plan, your Membership includes 3 seats to an introductory webinar. Introductory training webinars may have capacity limits. You must still register for the introductory training webinar that you wish to attend.
If you need additional seats or access to the Educator Training, please contact an In-House Expert for pricing and more information.
Unless otherwise noted, iRobot is the owner of all rights to all content available in the Educator Training. iRobot expressly forbids the unauthorized use or distribution of any content in the Educator Training. Educator Training is updated periodically; specific materials may change and/or be removed.
Your RoboCare Protection Plan coverage coincides with your Membership and coverage begins and ends when your Membership begins and ends. Membership is required to receive service under the RoboCare Protection Plan and the RoboCare Protection Plan is only for the Membership Robots associated with your Membership.
At our discretion, we will repair or replace a Membership Robot associated with your Membership due to a mechanical or electrical breakdown during normal usage (a “Covered Breakdown”), including those experienced during normal wear and tear, caused by a direct result of a power surge, or due to Accidental Damage in Handling. “Accidental Damage in Handling” means accidental damage in handling from drops and liquid spills; however, Accidental Damage in Handling only covers operational or mechanical failures caused by an accident from handling and does not include protection against theft, mysterious disappearance, misplacement, software viruses, reckless, abusive, willful or intentional conduct associated with handling and use of the Membership Robot, cosmetic damage and/or other damage that does not affect the unit functionality, damage caused during shipment between you and our service providers, and any other limitations listed in the What is Not Covered subsection below. Any resultant damage from this type of treatment is NOT covered by the RoboCare Protection Plan. For the RoboCare Protection Plan, “accidental damage” is defined as a single, unexpected, sudden, and unintentional event and does not include accumulated damage from continual or multiple events. We will replace your Membership Robot’s rechargeable battery under the RoboCare Protection Plan if it fails to hold a charge per the manufacturer guidelines. RoboCare Protection Plan coverage requires an explanation of where and when the Covered Breakdown occurred as well as a detailed description of the actual event. Failure to provide this information may result in claim denial. We reserve the right, in our sole discretion, to limit the number of replacements for Accidental Damage in Handling or to terminate your Membership for misuse or abuse of the RoboCare Protection Plan.
In our sole discretion, we may use new or remanufactured parts or Membership Robots for replacements, but such parts or Membership Robots will be replaced with those of like kind, features, and quality. The replacement Membership Robot may, at our option, be a future, current, or refurbished edition of your original Membership Robot. Graphics and diagrams (including colors, styles, and other variants) are for illustrative purposes only and may not accurately reflect actual product availability or may be subject to change. All repairs must be authorized by us prior to performance of work. Claims on unauthorized repairs may be denied and the RoboCare Protection Plan will not cover any unauthorized or non-manufacturer recommended modifications to the Membership Robots, or any damages arising from such unauthorized or non-manufacturer recommended modifications. If we replace your Membership Robot, such replacement will become the Membership Robot associated with your Membership.
What is Not Covered. The RoboCare Protection Plan does not cover: (A) products not originally covered by our applicable limited manufacturer’s warranty; (B) cleaning; periodic checkups; preventive maintenance; (C) any and all pre-existing conditions that occur prior to the effective date of this Agreement and/or any product sold used or “AS-IS”, including but not limited to floor models, demonstration models, etc.; (D) parts or repairs due to normal wear and tear (unless tied to a Covered Breakdown); (E) damage from abuse, misuse, mishandling, introduction of foreign objects into any Membership Robot, unauthorized modifications or alterations to any Membership Robot; failure to follow our instructions for operation and care of any Membership Robot; external causes of any kind, including third party actions; fire; theft; insects; exposure to weather; windstorm; sand; dirt; hail; earthquake; flood; water; or acts of God or consequential loss of any nature; (F) loss or damage caused by invasion; rebellion; riot; strike; labor disturbance; lockout; or civil commotion; (G) incidental, consequential or secondary damages or delay in rendering service under the RoboCare Protection Plan; loss of use during the period that a Membership Robot is at an authorized service center or you are awaiting shipment and delivery of Membership Robots or parts of Membership Robots; (H) any product used in a commercial setting or rental basis; (I) failures that occur outside of the 50 states of the United States of America and the District of Columbia; (J) non-functional or aesthetic parts; scratches, peeling & dents; (K) unauthorized repairs and/or parts; (L) cost of installation, setup, or diagnostics, if any; (M) any other loss other than a Covered Breakdown; (N) service where no problem can be found; noises; squeaks; breakdowns which are not reported during the Term of your Membership; or (O) any breakdown or condition that results from abnormal usage of the Membership Robots.
If you have a problem with any of your Membership Robots, please contact an In-House Expert and they will help coordinate the appropriate solution. The In-House Expert will provide you detailed instructions for any RoboCare Protection Plan service, including how to return the defective Membership Robot. If iRobot requests the return of a Membership Robot and you do not return such Membership Robot within 14 days, you will be charged an activation fee of $199.99 for the additional Membership Robot received.
SERVICE COSTS FOR REPAIRS NOT COVERED UNDER THIS MEMBERSHIP ARE YOUR RESPONSIBILITY.
Membership is only available to iRobot customers in the United States. Membership is designed for educator use in a school environment and is not for commercial use. You must be 18 years of age or older to have a Membership. iRobot reserves the right to determine Membership eligibility using its sole discretion.
You may not rent, resell, transfer, assign or commercially exploit the Membership, including any of the Membership Products (including any parts and/or rechargeable batteries), to any third party without our permission. You may not copy, modify, or distribute the contents or any portion of Learning Library, iRobot websites, or iRobot mobile applications without our prior written consent.
You also acknowledge and agree that you will use your Membership Products and Membership Services in good faith and an acceptable manner. You will not attempt to gain unauthorized access to the Membership Services or access Membership Services other than through our interface. Further you will not download and/or install any third-party software and/or application on any Membership Product that is not expressly permitted by us in writing. You will not (directly or indirectly) use your Membership Products and Membership Services with content or in a manner that (i) is illegal, harmful, threatening, abusive, harassing, false, fraudulent, obscene, vulgar, infringes another party’s rights (including ours), or otherwise injurious to third parties, (ii) contains viruses, corrupted files or any other similar software or programs that may damage or impair the operation of any system, (iii) harvests or otherwise collects unauthorized information, (iv) uses or launches any automated system, such as “spiders,” “scrapers,” or “offline readers” that may overload our servers, (v) circumvents security or authentication measures or attempts to exceed the limited authorization and access granted to you, (vi) violates any applicable local, state, national or international law or regulation, including all export laws and regulations, or (vii) promotes, encourages, or facilitates: hate speech, violence, discrimination based on race, color, sexual orientation, marital status, gender or identity expression, parental status, religion or creed, national origin or ancestry, sex, age, physical or mental disability, veteran status, genetic information, citizenship and/or any other characteristic protected by law. Please also refer to our standard Terms and Conditions and our End User License Agreement for additional restrictions on features and uses.
Except as otherwise noted, iRobot is the owner of all content, materials, trademarks, and service marks on or in the Membership Products or Membership Services, whether registered or not. iRobot expressly forbids the unauthorized use of its logos, trademarks, or other graphics. iRobot does not accept or consider any unsolicited creative ideas, suggestions or other materials related to products, services, or marketing. If you submit an unsolicited idea to us via an In-House Expert, an iRobot website or mobile application or otherwise, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us without any compensation to you. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and/or to the extent necessary for iRobot to utilize your idea, you hereby grant iRobot an irrevocable, perpetual, worldwide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, for any purpose whatsoever, without compensation to you.
You will not export or re-export, directly or indirectly, the Membership Products or Membership Services, or any technical information related thereto, to any destination or person prohibited or restricted by applicable law, including, without limitation, United States export control laws and regulations.
iRobot reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any Membership Product or Membership Service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all purchases; and (iv) refuse to provide any user with any product or service.
The cost of your Membership (the “Membership Fee”) is due and payable in advance of your Term and you will not receive access to the Membership until payment is complete if purchasing by credit card, or until iRobot’s confirmed receipt of a signed quote and purchase order if paying by purchase order. The Membership Fee is exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Membership.
We may modify the Membership Fee or a portion thereof at any time. We reserve the right to adjust pricing for renewals, add-ons, future Memberships, or any components thereof in any manner and at any time as we may determine in our sole discretion, and to honor certain prices or grandfather certain legacy subscription fees in our sole discretion. We may increase your fees when you upgrade products or services, subscribe to additional features or products, or as otherwise agreed between us. If you do not agree to a Membership Fee modification, your sole option will be to terminate your Membership (See Section 4 – Membership Term, Termination, and Returns and Refunds).
Your Membership is active and available for use during a set period (the “Term”) as determined by your Membership Tier:
If paying by credit card, your Term begins on your date of your payment. If paying by purchase order, your Term begins on the date iRobot confirms receipt of your signed quote and purchase order. Your Term will continue for the period set forth above that corresponds with your Membership Tier, and your Membership terminates at the end of the above specified period. Your Membership does NOT automatically renew. Your Membership includes a money-back guarantee. If you are not satisfied with your Membership during the first thirty (30) days of your Term (the (“Money-Back Period”), you may return your Membership Products and terminate your Membership at any time during the Money-Back Period and we will provide a refund of the Membership Fee to your original method of payment, which may exclude shipping and return shipping costs. For clarity, this money back guarantee is only available during the Money-Back Period and your Membership Robot does not include iRobot’s standard 60-Day Money-Back Guarantee. After the Money-Back Period, your Membership Fee is non-refundable.
Adding additional Membership Products to your Membership will not extend the Term; such new and additional Membership Products will be active only for the remainder of your then-current Term.
You or we may suspend or terminate your Membership at any time, for any reason or for no reason, including if, in our opinion, you have violated any provision of this Agreement. We may also impose rules for and limits on the use of the Membership Products or Membership Services or restrict your access to part, or all, of the Membership Products and Membership Services without notice or penalty, and your continued use of the Membership will constitute your acceptance of any such changes. We have the right to disable any Access Code, user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason. iRobot reserves the right to return, maintain, or delete your data upon termination of your Membership without notice to you.
We reserve the right to terminate your Membership without notice for a material breach of this Agreement or if we determine in our sole discretion that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers and users.
Once your Membership is terminated, your Membership Robots will cease to function or operate. Membership renewal is subject to Membership availability. If you wish to renew your Membership, please contact an In-House Expert for available Membership options and fees. If you would like to continue to utilize your Membership Robot after your Term, please see Section 5 – Membership Robot Conversion Option.
You will continue to be subject to this Agreement for as long as you have access to the Membership.
All payment obligations are non-cancelable, and all amounts paid are non-refundable, except as specifically provided for in this Agreement. The Membership Fee is prepaid, non-refundable, and will not be prorated upon any early termination. Accessories received as part of your Membership are not returnable or refundable. At any time for any reason, we may provide a refund, discount, or other consideration (“Credits”) to some or all of our users. The amount and form of such Credits, and the decision to provide them, are at our sole and absolute discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future.
After completion of your Term, your Membership Robots will cease to function or operate. You may enable functionality and operation of your Membership Robots after the end of your Term for an additional fee (the “Robot Conversion”). The fee for Robot Conversion will vary based on your Membership Tier. At the end of your Term, please contact an In-House Expert who will provide you detailed information about the Robot Conversion and your applicable fees.
The Robot Conversion will only enable your Membership Robot for continued functionality and use outside of the Membership. The Robot Conversion will not extend nor provide access to any Membership Services.
You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an “Action”) brought against us (and/or our officers, directors, employees, shareholders, agents, service providers, licensors, affiliates, successors or assigns, or any party involved in the creation, production or transmission of the Membership) by a third party not affiliated with us to the extent that such Action is based upon or arises out of: (a) unauthorized or illegal use of the Membership, including Membership Products, by you or your affiliates; (b) your or your affiliates’ noncompliance with or breach of this Agreement, (c) your or your affiliates’ use of third-party products, or (d) the unauthorized use of the Membership by any other person. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses and iRobot doing so will not excuse your indemnity obligations.
Disclaimer of Warranties. THIS DISCLAIMER OF WARRANTIES DOES NOT APPLY TO OR AFFECT YOUR MEMBERSHIP PRODUCTS, EACH OF WHICH IS SUBJECT TO ITS MANUFACTURER’S LIMITED WARRANTY, IF ANY. PLEASE REFER TO THE APPLICABLE WARRANTY INFORMATION PROVIDED WITH YOUR MEMBERSHIP PRODUCTS FOR ADDITIONAL INFORMATION.
WE AND OUR AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, QUALITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, COMPLETENESS OR ACCURACY OF THE MEMBERSHIP, DATA MADE AVAILABLE FROM THE MEMBERSHIP, OR iROBOT CONTENT. WE DO NOT WARRANT THAT THE MEMBERSHIP WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO COMMITMENT OR ASSUME ANY DUTY TO UPDATE ANY CONTENT OR ASPECT OF THE MEMBERSHIP. TO THE EXTENT PERMITTED BY LAW, THE MEMBERSHIP AND iROBOT CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO THE MEMBERSHIP, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Limitation of Liability. IF YOU ARE IN ANY WAY DISSATISFIED WITH THE MEMBERSHIP OR ANY PART THEREOF, INCLUDING, BUT NOT LIMITED TO, A MEMBERSHIP PRODUCT OR A MEMBERSHIP SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MEMBERSHIP PRODUCTS AND MEMBERSHIP SERVICES AND TERMINATE YOUR MEMBERSHIP. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SERVICE PROVIDERS, LICENSORS, AFFILIATES, SUCCESSORS OR ASSIGNS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS MEMBERSHIP, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR BUSINESS OPPORTUNITIES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR MEMBERSHIP, WHETHER AN ACTION IS IN WARRANTY, CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER ALL SUCH PARTIES SHALL NOT BE LIABLE FOR ANY WEBSITE OR THIRD PARTY FEATURE LINKED TO OUR WEBSITES OR MOBILE APPLICATION, OR THE INFORMATION OR MATERIALS CONTAINED ON ANY OR ALL SUCH THIRD PARTY WEBSITES AND FEATURES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO PERSONAL INJURY CLAIMS OR CLAIMS FOR CONSUMER FRAUD.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, iROBOT OR ITS AFFILIATES IS DETERMINED TO HAVE ANY LIABILITY TO YOU, YOUR AFFILIATES OR ANY THIRD PARTY, THE PARTIES AGREE THAT THE AGGREGATE LIABILITY OF iROBOT AND ITS AFFILIATES WILL BE LIMITED TO A SUM EQUAL TO THE TOTAL AMOUNTS PAID OR PAYABLE BY YOU FOR THE MEMBERSHIP. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.
Third Party Products. WE DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE.
Agreement to Liability Limit. THE REMEDIES PROVIDED IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE MEMBERSHIP TO YOU.
Resolving Disputes. If a dispute should arise between you and iRobot, we want to provide you with a resolution that is efficient and cost effective by using an In-House Expert and our customer care team. Almost all customer disputes can be resolved to the customer’s satisfaction by contacting our customer care team via email at email@example.com or by telephone at (617) 945-8751. If your dispute cannot be resolved with an In-House Expert or our customer care team, this Agreement describes how we shall proceed with the resolution of the dispute.
AGREEMENT TO ARBITRATE DISPUTES. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. ARBITRATION IS A WAIVER OF THE RIGHT TO BRING SUIT IN COURT.
THIS SECTION CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WE BOTH AGREE TO ARBITRATE. You and iRobot agree to resolve any claims relating to this Agreement through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate iRobot’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances iRobot may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described herein.
WHAT IS ARBITRATION? Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. Thus, you agree that you are waiving your right to sue or go to court to secure relief, and instead agree to the arbitration process as stated in this Section 8. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to this Agreement shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Arbitration Rules”). If there is a conflict between Arbitration Rules and the rules set forth in this Agreement, the rules set forth in this Agreement will govern. The Arbitration Rules and instructions for how to initiate an arbitration are available from JAMS at www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or iRobot must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office.
(3) Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the Arbitration Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and iRobot will pay all other administrative costs and fees. In addition, for claims of less than $1,000, iRobot will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, Massachusetts, or any other location we mutually agree to, subject to Massachusetts law. The arbitrator may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR. The arbitrator will decide the rights and liabilities, if any, of you and iRobot, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and this Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and iRobot. The arbitrator’s decision may be entered as a judgment in a court of competent jurisdiction.
NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and iRobot in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND iROBOT WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
OPT-OUT OF AGREEMENT TO ARBITRATE. You can decline this agreement to arbitrate by emailing iRobot at firstname.lastname@example.org and providing the requested information as follows (the “Opt-Out Notice”): (1) your name; (2) the URL of this Agreement which includes our agreement to arbitrate disputes; (3) your address; (4) your phone number; (5) and a clear statement that you wish to opt-out of this arbitration provision in this Agreement. The Opt-Out Notice must be emailed no later than thirty (30) days after the date you first accept this Agreement.
CHOICE OF LAW/FORUM SELECTION. In any circumstances where this agreement to arbitrate disputes permits the parties to litigate in court, this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a state court of competent jurisdiction located in Massachusetts or federal court of competent jurisdiction in the District Court of Massachusetts.
We may update and change any part of this Agreement at any time by updating this page. If there are material changes to this Agreement, we will make reasonable efforts to notify you via email. The updated Agreement will become effective and binding when posted at edu.irobot.com/irobot-coding-club-terms-of-service. We encourage you to review this Agreement periodically. If you do not agree with a modification to this Agreement, you must notify us in writing via email or mail within thirty (30) days after the modification is posted. If you give us this notice, your Membership will continue to be governed by the terms and conditions of this Agreement prior to modification for the remainder of your Membership Term. By continuing to use the Membership after such changes, you are expressing your acknowledgement and acceptance of the changes.
The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision of this Agreement is found to be partially or wholly invalid, illegal, or unenforceable, such provisions shall be modified or restricted to the extent and in the manner necessary to render them valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of a court of law or arbitrator. If such provisions cannot under any circumstances be modified or restricted, they shall be removed from this Agreement without affecting the validity, legality, or enforceability of any of the remaining provisions.
No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.
All terms in this Agreement that by their nature would survive termination of this Agreement (for example, terms related to limits on iRobot’s and its affiliate’s liability, your indemnification, applicable law, and your payment obligations for the Membership) will survive termination.
Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; shipping, electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
Notices to iRobot should be sent to the appropriate email or mailing address set forth above; if none specified, please send to iRobot Corporation, 8 Crosby Drive, Bedford, MA 01730, Attn: Legal Department. All notices to iRobot will be deemed delivered as of the date of actual receipt. Notices to you will be provided to you via email to the most recent email address that you have provided to us or the email address that you provided at the time of purchase. We may also need to contact you by telephone or mail. You must keep all of your contact information current.
If you do not understand any part of this Agreement or if you have any questions or comments, we invite you to contact an In-House Expert or our customer care team at (617) 945-8751.
The iRobot Coding Club Membership Terms of Service were last revised on, and are effective as of, March 10, 2021.