RUNE LABS, INC.
TERMS OF USE
This is a summary of our Terms of Use. To review the complete Terms of Use, please scroll down.
1. Introduction
These terms are the rules for using Rune Labs services, like our websites and apps (like the Strive app). When you use our services, you are agreeing to these rules. If you are using these services for a company, you confirm that you have permission to do so.
2. Who You Are
“You” means the person or organization using Rune Labs services. If you're a healthcare provider, you’re called a "Clinician User." If you're a patient tracking symptoms, you’re called a "Patient User."
3. Privacy Policy
Our Privacy Policy explains how we collect and use your information. By using our services, you agree to this policy.
4. Updates to These Terms
We might update these terms sometimes. If we do, we’ll let you know by email or on our site. If you keep using our services after updates, it means you agree to the new terms.
5. Your Responsibility
By using the services, you confirm that you are at least 18 years old. You are responsible for all actions taken with your account. Keep your account login information safe and tell us if your account gets hacked.
6. Service Limitations
The information provided in the services is for informational purposes only. Rune Labs doesn’t give medical advice. You should always consult a doctor for any medical issues.
7. Your License to Use the Services
We give you permission to use our services, but only in the ways allowed by these rules. If you break these rules, we can stop you from using our services.
8. Prohibited Activities
You must use the services legally. Don’t harm others, steal content, or use the services to break the law. Don’t try to hack, disable, or interfere with the services.
9. Content
You may see content from Rune Labs or others while using the services. We are not responsible for content posted by others.
10. Feedback
If you give us suggestions to improve our services, we can use your ideas for free.
11. Third-Party Links
We may include links to other websites. We aren’t responsible for these sites.
12. No Guarantees
Our services might not always work perfectly. We can’t guarantee they’ll always be available or error-free.
13. Limitation of Liability
We are not responsible for any damages caused by using our services, except in cases required by law. If something goes wrong, Rune Labs’ liability will be limited to $100 or the amount you paid for our services in the past 12 months.
14. Arbitration and Dispute Resolution
If there is a disagreement, you must try to resolve it with us first by contacting info@runelabs.io. If that doesn’t work, we agree to resolve the dispute through arbitration instead of court. You also give up the right to participate in a class action lawsuit. You can opt-out of this agreement within 30 days of starting to use the services.
15. Ending Your Account
You can close your account at any time. We can also close or restrict your account for any reason.
16. Contact
If you have any questions or need support, contact us at info@runelabs.io.
TERMS OF USE
Last Updated on May 18, 2023
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
These Terms of Use (“Terms”) govern your access and use of the services, content or tools provided by Rune Labs, Inc. (“Rune Labs”, “we”, “us”, or “our”), through our websites (including, but not limited to, runelabs.io and www.strive.group), any web-based portals, mobile or web applications (including, but not limited to, the Strive app for iOS), or other digital products that link to or reference these Terms (collectively, the “Services”). These Terms are a binding legal agreement between you or the entity you represent (“you” or “your”) and Rune Labs, a Delaware corporation with its office at 649 Irving St, San Francisco, CA 94122.
“User,” “you” and “your” refer to the individual or entity that accesses or otherwise uses the Services, and each of your heirs, assigns, and successors. “Clinician User” refers to a User who accesses data in the Services in its capacity as a recipient of information shared by another User. “Patient User” refers to a User who uses the Services for symptom tracking and disease management.
These Terms refer to our privacy policy (“Privacy Notice”), hereby incorporated by reference, that applies to your use of the Services and describes how we collect, process, use, and disclose any personal data or information about or from you. By accessing or otherwise using the Services, you acknowledge the applicability of our Privacy Notice.
Please read these Terms carefully. Though your access and use of the Services is governed by the Terms effective at the time, please note that we may revise and update these Terms from time to time in our sole discretion. If we make material changes to these Terms, we will notify you by email, post a notice on the Services, and/or otherwise notify you prior to the effective date of the changes. Except as explicitly stated otherwise in these Terms, continued access or use of the Services by you after modification to the Terms constitutes your acceptance of the Terms as modified. We will also indicate at the top of this page the date that revisions were last made.
If you use the Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity, its directors, officers, employees, and agents.
By browsing, accessing, or using the Services:
THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY – NOT MEDICAL OR HEALTHCARE ADVICE
The Services are for information purposes only, and do not include and should not be relied on for medical or healthcare advice. Rune Labs is not a medical or healthcare provider and does not provide medical, healthcare or other advice. Nothing contained in the Services is intended to replace the services of a licensed, trained physician or healthcare professional or to be a substitute for medical advice of a physician or trained healthcare professional licensed in your jurisdiction. The information and materials are intended to support the relationship between you and your healthcare providers and not replace it. No action or inaction should be taken based solely on the information made available through the Services. Instead, you should consult directly with appropriate medical or healthcare professionals on any matter relating to your health and well-being.
We grant you a non-transferable, non-exclusive, revocable, limited license to access and use the Services subject to your compliance with the obligations, conditions, and restrictions set out in these Terms. Your use of the Services is at your own risk.
Only individuals who are at least 18 years of age and have the right, authority, and capacity to enter into these Terms, either on behalf of yourself or the entity that you represent, are permitted to access the Services. Some or all of the Services (such as the Rune Labs Therapy Developer portal or the StrivePD application), and certain features or functionalities, may require you to register an account with us. When you do, we may ask you to provide certain registration details or other information about yourself, such as your email address, first and last name, company, title, password, and other pieces of information.
Any information you provide through the Services must be correct, current, and complete. You understand and acknowledge that you alone are responsible for your use of the Services, including any information you provide through the Services, and you, not Rune Labs, assume all risks associated with your information, including anyone’s reliance on its quality, accuracy, reliability, and appropriateness. You may not impersonate someone else to create an account, create or use an account for anyone other than yourself, permit anyone else to use your account, or provide personal information for purposes of account registration other than your own.
You are responsible for all activities that occur in connection with your account, including if you choose to share the information in your account. You will treat as confidential your account access credentials and will not disclose it to any third-party. You agree to immediately notify Rune Labs if you have any reason to believe that your account credentials have been compromised, or if there is any unauthorized use of your account or password or any other breach of security. We ask that you use particular caution when accessing your profile from a public or shared computer, or when using your account in a public space, such as a park, café, or public library, so that others are not able to view or record your access credentials or other personal information.
In order to ensure we can protect and properly administer the Services and our community of Users, we have the right to disable or close any account at any time and for any reason or for no reason.
You may use the Services only for lawful purposes and in accordance with these Terms. We are under no obligation to enforce the Terms on your behalf against another User. We encourage you to let us know if you believe another User has violated the Terms or otherwise engaged in prohibited or illegal conduct.
You shall not, directly or indirectly:
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days’ prior written notice to us here, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
You understand that violation of these rules or the Terms may result in termination of your account. You further understand that Rune Labs has the right, but not the obligation, to monitor use of the Services.
For purposes of these Terms, “Content” means text, images, photos, audio, video, location data, and all other forms of data or communication; “Rune Labs Content” means Content that we create and officially make available or provide in connection with the Services; “Third-Party Content” means Content that originates from parties other than Rune Labs, which is made available in connection with the Services; and “Services Content” means all of the Content that is made available in connection with the Services, including Rune Labs Content and Third-Party Content.
You understand that when using the Services, you may be exposed to Content from a variety of sources, and that Rune Labs is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and that such Content is not the responsibility of Rune Labs. Any Third-Party Content is solely the responsibility of the person or entity submitting such Content, and we expressly disclaim any and all liability in connection with such Content.
We and our licensors own Rune Labs Content, including proprietary rights of every kind and nature however denominated throughout the world, registered or unregistered, associated with such Rune Labs Content and the Services, such as patents, patent applications, copyrights, copyrightable works of expression, trademarks, service marks, trade names, rights of publicity and privacy, moral rights, know-how, trade secrets, software and database rights (“IP Rights”), any and all applications, registrations, renewals, or derivatives in connection with the foregoing IP rights, all rights to obtain, register, perfect and enforce these IP rights throughout the world, and any and all actions and rights to sue at law or in equity for any past or future infringement or other impairment of the foregoing IP rights. As such, you may not use, practice, sell, make, offer for sale, have made, import, modify, reproduce, distribute, perform, create derivative works or adaptations of, publicly display, or in any way exploit any of Rune Labs Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Services and Rune Labs Content are retained by us.
Users may provide us with or otherwise make available Content. As further described in our Privacy Notice, Patient Users may also direct us to share or make available Content with third parties such as Clinician Users. Patient Users control data shared and may change what is shared at any time. Users agree not to submit any Content containing sensitive financial information. We may offer services that are designed to process protected health information. Only those Users who are using our Services under an authorized HIPAA-enabled account may submit protected health information. Users are otherwise prohibited from submitting protected health information as that term is defined by the Health Insurance Portability and Accountability Act of 1996.
If you are a Clinician User accessing Third-Party Content made available to you by a Patient User, you agree to comply with all applicable laws in your processing of that Third-Party Content.
Rune Labs’ name, Rune Labs’ logo, and all related names, logos, taglines, product and service names, designs, and slogans are trademarks of Rune Labs or its affiliates or licensors. You may not use these names without the prior written consent of Rune Labs. All other names, brands, and marks that may appear on the Services remain the property of their respective owners and appear on the Services for identification purposes only.
By submitting, transmitting, or sending us any ideas, comments, suggestions, documents, proposals, or other feedback about the Services or other goods or services (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of any third party, (ii) we are under no obligation of confidentiality, express or implied, with respect to any Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense any Feedback, and you irrevocably waive, and cause to be waived, against Rune Labs and its users any claims and assertions of any moral rights contained in such Feedback.
The Services may contain hyperlinks to third-party or other websites, applications, products or services (“Third-Party Services”). If there are Third-Party Services or other resources linked on these Services, either by Rune Labs or a third-party, those links are provided only for the convenience of our Users. We have no control over the contents of those Third-Party Services or resources, and therefore cannot accept responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any Third-Party Services linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for that Third-Party Service.
The Services may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability. Keep this in mind as Rune Labs will not be liable if all or any part of the Services is unavailable at any time, for any period of time. Also, from time to time, we may restrict access to some parts of or the entire Services to some or all Users. We cannot and do not make any representations or warranties with respect to the devices you use to access or use the Services, including with respect to device compatibility.
RUNE LABS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE SERVICES AND SERVICES CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER RUNE LABS NOR ANY PERSON ASSOCIATED WITH RUNE LABS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER RUNE LABS NOR ANYONE ASSOCIATED WITH RUNE LABS REPRESENTS OR WARRANTS THAT THE SERVICES OR SERVICES CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
YOU ARE SOLELY RESPONSIBLE FOR THE ACTIONS TAKEN IN YOUR ACCOUNT, INCLUDING ANY SHARING OF INFORMATION IN YOUR ACCOUNT WITH OTHER USERS OR THIRD PARTIES. RUNE LABS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES, AND RUNE LABS EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD PARTIES.
YOU WAIVE AND HOLD HARMLESS RUNE LABS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY RUNE LABS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER RUNE LABS OR LAW ENFORCEMENT AUTHORITIES.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY". YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED PROVISIONS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL RUNE LABS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER OR NOT RUNE LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM THE SERVICES. THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW. IN NO EVENT WILL OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, EXCEED ANY AMOUNT, IN THE AGGREGATE, HIGHER THAN THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO RUNE LABS IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE APPLICABLE CLAIM. THE LIMITATIONS ON DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN AND ARE MATERIAL TO RUNE LABS’ DECISION TO ENTER INTO THE AGREEMENT BETWEEN RUNE LABS AND YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
As a necessary condition of your use of the Services, you agree to be responsible for the consequences flowing from your violation of these Terms. Therefore, you hereby agree to defend, indemnify, and hold harmless Rune Labs, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms, including, without limitation, (i) any use of the Services, Services Content, and any related products, services, or materials other than as expressly authorized in these Terms or your use of any information obtained through the Services, (ii) your violation of any term of these Terms, (iii) your violation of any third party rights, including without limitation intellectual property or privacy rights, (iv) your or your users’ violation of law, (v) your use of any services provided by third party service providers, or (vi) any breach of any of your representations and warranties.
You agree that: (i) the Services shall be deemed solely based in California; and (ii) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by laws of the State of California, without respect to its conflict of laws principles. Except for disputes subject to arbitration or under the jurisdiction of a small claims court, you agree to submit to the personal jurisdiction of the federal and state courts located in San Francisco County, California.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM RUNE LABS.
A. Initial Dispute Resolution. For any dispute with Rune Labs, you agree to first contact us at info@runelabs.io and attempt to resolve the dispute with us informally. The parties shall use their best efforts through this informal dispute process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration. Failure to engage in this process could result in the award of fees against you in arbitration. To adequately engage in initial dispute resolution, each party must notify the other party, in writing, of the facts of the dispute and all damages claimed. Such a writing must be sent to (a) the User’s email address on file with Rune Labs, or (b) Rune Labs at info@runelabs.io, whichever is applicable. The party receiving the dispute notification has thirty (30) days from receipt to respond. The other party then has 15 days to reply to the response.
B. Binding Arbitration. This agreement to arbitrate is a contract governed by the Federal Arbitration Act, 9 U.S.C. section 1, et seq., and evidences a transaction involving commerce. In the unlikely event that the parties have not been able to resolve a dispute using the initial dispute resolution methods described above, we each agree to resolve all claims arising out of or relating to these Terms (including their formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Services by binding arbitration administered by JAMS in accordance with the provisions of its Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class or representative actions and except that each party will be permitted at least one deposition unless forbidden by JAMS. If for any reason JAMS is unable to administer arbitration, either party may apply to a court to appoint an arbitrator pursuant to 9 U.S.C. section 5.
Except as explicitly set forth in this Section 15, the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of JAMS administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator shall also be empowered to consolidate claims raised between the same parties to a single arbitration proceeding. The parties agree that the arbitrator may allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. The arbitrator’s award shall be written and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
The Streamlined Arbitration Rules governing the arbitration may be accessed at www.jamsadr.com or by calling JAMS at (800) 352-5267. If you commence arbitration in accordance with these Terms, you will be required to pay $250 to initiate the arbitration. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, the arbitrator may require Rune Labs to pay the additional cost. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. If the arbitrator finds the arbitration to be non-frivolous, Rune Labs will pay the remaining filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. For claims above $75,000, fees and costs will be determined in accordance with applicable JAMS rules. The arbitration rules permit you to recover attorney’s fees in certain cases.
Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based. The arbitrator and/or JAMS may require amendment of any demand or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions in accordance with JAMS Rule 24 for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11).
The parties agree that JAMS has discretion to modify the amount or timing of any administrative or arbitration fees due under JAMS’s Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by JAMS does not constitute a default, waiver, or breach of this Section 15 while such challenge remains pending before JAMS, the arbitrator, and/or a court of competent jurisdiction.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
C. Location. If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. You and Rune Labs agree to submit to the personal jurisdiction of any federal or state court in San Francisco County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Exception – Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also elect to have disputes or claims resolved in a small claims court that are within the scope of that court’s jurisdiction. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court in your state and county of residence. Seeking such relief shall not waive a party’s right to arbitration under this agreement.
Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND RUNE LABS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
Notwithstanding any other provision of these terms, disputes regarding the interpretation, applicability, or enforceability of the Class Action Waiver may be resolved only by a court and not by an arbitrator. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.
E. 30-Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following email address: info@runelabs.io. The notice must be sent within 30 days of May 18, 2023 or your first use of the Services, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Rune Labs also will not be bound by them.
F. Changes to this Section. Rune Labs will provide 30 days’ notice of any changes affecting the substance of this Section 16. Changes will become effective on the 30th day. If you continue to use the Services after the 30th day, you agree that any unfiled claims of which Rune Labs does not have actual notice are subject to the revised clause.
You may terminate the Terms at any time by closing your account and discontinuing your use of the Services.
We may close your account, suspend your ability to use certain portions of the Services, or ban you altogether from the Services for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Services, Services Content, or any other related information.
These Terms will survive any termination pursuant to this Section 15, whether by you or us, including without limitation our right to use Feedback as detailed in Section 8.
These Terms constitute the sole and entire agreement between you and Rune Labs with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.
No waiver of these Terms by Rune Labs shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Rune Labs to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
The Terms, and any rights or obligations hereunder, are not assignable, transferable, or sublicensable by you except with Rune Labs’ prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
There are no third-party beneficiaries to these Terms.
Any questions, requests for technical support, complaints, claims or other communications relating to the Services should be directed to: info@runelabs.io.
Copyright © 2024 Rune Labs. All rights reserved.
Consumer Health Data Privacy NoticE | TERMS OF USE | PRIVACY NOTICE
