Welcome to Rooam website located at https://rooam.co (the “Site”) and operated by Rooam, Inc (“Rooam”). The following terms and conditions (“Terms”) govern your use of this Site and Rooam’s mobile application (the “App”), as well as your use of the Site and the App to access and use services made available through the Site or App (collectively, the “Services”). The Site and the App are hereinafter sometimes referred to, collectively, as the “Products.”
By accessing, viewing, or using the content, material, or Services available on or through the Products, you indicate that you have read and understand these Terms and that you agree to them and intend to be legally bound by them. If you do not agree to these Terms, or if you are under 18 years of age, or if you are not a legal resident of the United States, you are not granted permission to use the Products and must exit immediately.
Rooam can be contacted by email at firstname.lastname@example.org.
1. License to use the App.
Subject to the provisions of these Terms, Rooam hereby grants you a single, limited, terminable, revocable, royalty-free, non-exclusive, nontransferable, nonsublicenseable license to access and use the App solely for informational purposes. You shall be responsible, at your sole expense, for procuring, operating, and maintaining the mobile device, hardware, systems software, telecommunications applications and providers, and other items necessary or appropriate to enable you to exercise your rights and licenses hereunder. Without limiting any other provisions of these Terms, any software, applications or other materials, including the App, made available to you is the copyrighted work of Rooam or its affiliates, or its or their licensors. Copying or distributing the App or the Product Materials associated with the App is expressly prohibited.
To access certain areas or features of the Products, including the Services, you may be asked to register and create an account. By registering an account with Rooam, you represent that you are at least 18 years of age or older, or that you have the permission of a legal guardian (e.g., a parent) to use the Products and the Services. You are fully responsible for your account, including use of the account by any third party, and maintaining the confidentiality of your password.
As part of the registration process, you may be asked to select a user name and password, and may be required to provide Rooam with certain information about yourself, including some types of personally identifying information, such as your email and your address. You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. If you provide any information that is untrue or inaccurate, or which Rooam reasonably believes is untrue or inaccurate, Rooam reserves the right to suspend or terminate your use of the Products.
3. Proprietary Rights.
As between you and Rooam, Rooam owns or licenses all data, content, graphics, audio clips, video clips, presentations, forms, artwork, images, photographs, functional components, and any software concepts and documentation and other material on, in, or made available through the Products (“Product Materials”), as well as the selection, coordination, arrangement, organization, and enhancement of the Product Materials. All Product Materials are protected pursuant to copyright, trademark, patent, and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Product Materials. As between any user and Rooam, all names, trademarks, service marks, certification marks, symbols, slogans, or logos (“Trademarks”) appearing on the Products are proprietary to Rooam or its affiliates, licensors, or suppliers. Use or misuse of these Trademarks is expressly prohibited and may violate federal and state trademark law. Unless expressly written otherwise by Rooam, you do not have any rights of any kind in or to the Product Materials other than the right to use the Product Materials in accordance with these Terms.
5. Unauthorized Activities.
You may use the Products and the Product Materials for your own personal, noncommercial use, or in ways otherwise consistent with these Terms. Any other use of the Products, Services, or Product Materials without prior written permission of Rooam is strictly prohibited. You agree that you will not use the Products or Services for (a) any illegal or unauthorized purposes that violate any local, state, national, or international laws (including import, export, copyright, and trademark laws); (b) modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, or selling any of the Product Materials, unless otherwise authorized by these Terms or in a separate written agreement with Rooam; (c) attempting to gain unauthorized access to Rooam’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of, the Products or any services provided through the Products; or (d) removing, circumventing, disabling, damaging, or otherwise interfering in any way with any security-related features of the Products aimed at preventing or restricting the unauthorized use of the Products or any of the Product Materials. You acknowledge and agree that the unauthorized use of the Products, Services, or the Product Materials could cause irreparable harm to Rooam and that, in the event of such unauthorized use, Rooam shall be entitled to an injunction in addition to any other remedies available at law or in equity.
6. Materials Submitted to the Products.
Certain features of the Products may allow you to contribute comments, feedback, information, content, text, files, graphics, postings, and other materials and information for access, use, viewing, and commentary by other users to the Products (“User Content”). By posting User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by the Products and all other persons and entities will not (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; or (c) constitute disclosure of any confidential information owned by any third party. Upon your submission of User Content or other material or information to Rooam, you grant Rooam a worldwide, perpetual, irrevocable, transferable license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the User Content, all without any compensation to you whatsoever. If you believe that any content or postings on the Products violate your intellectual property or other rights, please follow our Complaint Procedures in Section 11 of these Terms.
7. Third Party Websites and Content.
The Products are available for informational purposes only. The Products may contain links to other websites for the convenience of users in locating information, products, or services that may be of interest. Use of such third party links, the Products, Services, and the Product Materials, and any other material or content on and made available through the Products, is entirely at your own risk. Rooam does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or the quality of products or services provided by or advertised on third party websites or the transactions you conduct or enter into with third parties. Your use of any third party websites is at your own risk, and subject to the terms and conditions of such websites. Rooam does not endorse any product or service provided on a third party website or advertised or provided on the Products.
Rooam and its subsidiaries, affiliates, and licensors are not responsible for and do not guarantee the accuracy or completeness of any Product Materials, User Content, products, data, services, links, advertisements, or other items contained within the Products. Rooam reserves the right to immediately remove any Product Materials or User Content for any reason or for no reason. Rooam cannot and does not review all communications or products made available on or through the Products, but, although not obligated to, may review, verify, make changes to, or remove any User Content, Product Materials, the Products, or the products or services made available in connection with the Products, including information submitted in connection with the Product Materials or other features at any time, with or without notice in its sole discretion. You agree that you must evaluate and bear all risks associated with the use of Product Materials and User Content and that you may not rely on such Product Materials or User Content.
THE PRODUCTS, THE PRODUCT MATERIALS, USER CONTENT, SERVICES, PRODUCTS, INFORMATION, DATA, AND OTHER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE PRODUCTS ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE PRODUCTS IS ENTIRELY AT YOUR OWN RISK. ROOAM AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PRODUCTS, THE PRODUCT MATERIALS, USER CONTENT, SERVICES, PRODUCTS, INFORMATION, DATA, AND OTHER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE PRODUCTS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS, AND EFFORT WITH REGARD TO ANY AND ALL USER CONTENT, THE PRODUCTS, THE PRODUCT MATERIALS, SERVICES, PRODUCTS, INFORMATION, DATA, AND OTHER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE PRODUCTS IS WITH YOU.
9. LIMITATION OF Liability.
ROOAM AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DO RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE PRODUCTS, THE PRODUCT MATERIALS, USER CONTENT, SERVICES, PRODUCTS, DATA, AND OTHER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE PRODUCTS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR ROOAM HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF ROOAM AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE PRODUCTS, THE PRODUCT MATERIALS, OR USER CONTENT ON, IN, AND MADE AVAILABLE THROUGH THE PRODUCTS, OR THE SERVICES, PRODUCTS, DATA, OR OTHER MATERIALS OFFERED IN CONNECTION WITH THE PRODUCTS EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE PRODUCTS AND THE SERVICEs. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION Of LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF ROOAM AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10). If you are dissatisfied with the Products or with any of these Terms, or feel Rooam has breached these Terms, your sole and exclusive remedy is to discontinue using the Products.
You shall indemnify Rooam and its directors, officers, employees, agents, contractors, and licensors (“Rooam Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Products and your use of the Products, the Product Materials, or any services, product or data obtained through the Products, your fraud, violation of law, negligence, willful misconduct, or any other use of the Products, the User Content, the Product Materials, the services, products, information, and other materials on, in, and made available through the Products (except to the extent attributable to Rooam), or any breach by you of these Terms, and you shall indemnify and hold Rooam Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of Rooam. Rooam or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If Rooam or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to Rooam, subject to the right of Rooam to assume, at its sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
11. Complaint Procedures.
If you believe that any content or posting on the Products violates your intellectual property or other rights, please notify Rooam at the email address set forth above, providing a comprehensive, detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate, and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
12. Changes to these Terms; Termination.
13. Governing Law and Jurisdiction.
These Terms represent the entire agreement between you and Rooam with respect to the subject matter hereof and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of Delaware in the United States of America without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. By accessing, viewing, or using the services, works, content, or materials on the Products, you consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in Delaware; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
The Products are controlled and operated from within the United States of America. Without limiting anything else, Rooam makes no representation that the Products, Product Materials, User Content, services, products, information, or other materials available on, in, or through the Products are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Products from other locations do so of their own volition and are responsible for compliance with applicable laws. The waiver or failure of Rooam to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”
Dated: April 24th, 2016
Copyright © 2017 Rooam, Inc. All rights reserved.