TERMS AND CONDITIONS OF USE AGREEMENT
PLEASE READ THESE TERMS AND CONDITIONS OF USE
CAREFULLY BEFORE USING THIS SITE.
This Terms and Conditions of Use Agreement (this “Agreement”)
governs your use of the website, Roamba.com (the "Site") and all of the
Content therein, and is by and between you (“user”, “you” or “your”)
and Roamba, Inc. By using, viewing, accessing, transmitting, caching, storing or
otherwise utilizing the Site therein, the services or products offered in or by
the Site or the Contents of the Site in any way, YOU HAVE AGREED TO EACH AND ALL
OF THE TERMS AND CONDITIONS SET FORTH BELOW, AND WAIVE ANY RIGHT TO CLAIM
AMBIGUITY OR ERROR IN THIS AGREEMENT.
IF YOU DO NOT AGREE TO EACH AND ALL OF THESE TERMS AND CONDITIONS
YOU ARE PROHIBITED FROM USING THE SITE AND MUST LEAVE THE SITE IMMEDIATELY.
DEFINITION OF TERMS
In this document, terms that commence with a capital letter are defined in
this Section, in the preamble or later in this document.
"Book" means to reserve.
"Content" means the text, documents, information, data, articles, images,
photographs, graphics, software, applications, video recordings, audio
recordings, sounds, designs, features, and other materials that are available on
the Site. "Content" also includes Marks and Products and Services.
"Mark" means trademark, trade name, service mark, trade dress, logo,
custom graphics, or icon.
"Member" means an individual who has registered with the Site. Members
choose a Member ID and a password.
"Member ID" means the e-mail address you use (with your password) to login
to our Site.
"Products and Services" means the rental accommodations and other related
items and services available through the Site, Roamba, or Providers including,
but not limited to, time–share property interests used to reserve accommodations
as short-term vacation rentals.
"Provider" means any Roamba licensors, suppliers, information providers,
and service providers who may provide other Products and Services
through the Site, and which includes, but is not limited to, the person or
entity who granted Roamba the right to arrange, reserve, or rent out the
Products and Services.
"Roamba" or "we" or “us” or “our” means Roamba, Inc., and its affiliates.
"Site" means this Web site (located at
roamba.com) and any respective subsites, together with the respective
Content, Marks, Products and Services available from this Site and any subsites.
The terms "Site," "Marks," "Content," and "Products and Services" do not include
the sites, marks, content, products or services that are provided by third
parties, and that are available through a link from the Site. Their use is
subject to the terms set forth by their respective owners or operations on the
third party's Web site.
“Terms” shall mean the terms of this document.
Additional terms, may apply when you Book Products or Services, or when
you participate in sweepstakes, raffles, or other promotions. These additional
terms are found in the area of the Site or a link to another site where you will
Book a Product or Service, or where you will participate in a sweepstakes,
raffle or promotion.
There may be other terms, for example if we organize a promotion. You are
responsible for reviewing the forms that you fill out when you Book any Products
or Services, or participate in sweepstakes, raffles or other promotions.
The Site is available only to individuals and entities that can form
legally binding contracts under applicable law. Without limiting the foregoing,
the Site and the services offered by the Site are not available to minors.
"Minor" means any person under the age of eighteen (18) years who is required to
attend school under the provisions of the California Education Code, and
includes minors under age six. Non-California residents who would be subject to
California’s compulsory education laws if they were residents of California are
also considered minors. If you do not qualify, leave the Site immediately.
You represent and warrant that you have the legal right, power and
authority to agree to the terms of this Agreement. You further agree that your
use constitutes an electronic signature as defined by the Electronic Signatures
in Global and National Commerce Act and the Uniform Electronic Transactions Act
and that you have formed, executed, entered into, accepted the terms of and
otherwise authenticated this Agreement and acknowledged and agreed that this
Agreement is an electronic record and as such is completely valid, has legal
effect, is enforceable, and is binding on, and non-refutable by you or any
person on whose behalf you are acting. Accordingly, this Agreement or any of
your submissions cannot be denied legal effect, validity or enforcement solely
because it is in electronic form.
MEMBER ID AND PASSWORD
Access to certain areas of the Site is only available to registered
members. To become a registered member, you may be required to answer a limited
number of questions. You represent and warrant that all information you supply
to us about yourself and others, including email addresses, is true, valid and
accurate, and that you have the right to supply us with such information.
Any user identification numbers, codes or passwords provided to you in
connection to the Site shall be kept in confidence and shall not be transferred,
assigned or used by any person other than you as a registered user. It is your
responsibility to notify us whenever you need to change or discontinue any of
your numbers, codes or passwords. It is also your responsibility to immediately
request discontinuation of your numbers, codes or passwords upon your knowledge
or belief that such your numbers, codes or passwords may be subject to theft,
unauthorized use or access, or a breach of confidentiality. We may suspend or
terminate your service or access to the Site if we believe that such theft, use,
access or breach, or any other breach of this Agreement has occurred.
You are responsible for maintaining the secrecy of your Member ID and
password. This is essential to protect the confidentiality of any information
that may be stored in your account folder. In addition, you will be financially
accountable for all use of our Site by you and anyone using your password and
ADDITIONAL TERMS AND CONDITIONS WITH PROVIDERS
You understand and agree that additional terms and conditions will likely
apply to and govern your rental and use of Products and Services you Book
through Roamba and any other Products and Services, and that it is your
obligation and responsibility to verify with any Provider the current terms and
conditions governing your use of any rental property or other Product and
Services. Such additional terms and conditions likely include extensive
covenants, conditions and restrictions on the use and enjoyment of properties
made available for rental through Roamba, which will typically be posted or made
available by request at the rental property front desk for your review. We
have no control over Provider’s terms and conditions, the quality, safety or
legality of the items advertised, the truth or accuracy of the advertisements,
the ability of Providers to maintain, secure, or otherwise facilitate use of
rented properties and other Products and Services, and, therefore, we offer no
guarantees. You understand and agree to be bound by such additional terms
and conditions imposed by Roamba and any Provider associated with such
properties or bookings or any Products and Services. You agree to abide
by the terms and conditions imposed by any Provider, including payment of all
amounts when due, and compliance with all rules and restrictions regarding the
availability and use of Products and Services.
You are entirely responsible for all activities that occur under your
account. You hereby indemnify, defend and hold us and each Provider, and
each of our and their owners, shareholders, partners, parents, subsidiaries,
affiliates, franchisees, alter egos and each of such person's or entities'
present or former officers, directors, attorneys, accountants, agents,
contractors, subcontractors, guests, residents, visitors, licensees, invitees,
permitees, employees, and successors and assigns, as applicable (collectively,
the "Indemnified Parties") harmless from and against any and all
allegations, demands, claims, liabilities, damages, fines, penalties or costs of
whatsoever nature (including reasonable attorneys' fees) and whether by reason
of death of or injury to any person or loss of or damage to any property or
otherwise, for an amount in excess of the limitation of liability described in
paragraph XII below (whether or not such amount is held as a valid limitation of
liability by a Court of competent jurisdiction) or by any third party for any
amount of damage ("Claims") arising out of or in any way connected with
(a) this Agreement; (b) the services or products provided to you by the Site or
a Provider; (c) any related act or failure to act by you and whether or not
occasioned or contributed to by the negligence of any of the Indemnified Parties
or any of their agents or employees (except as and to the extent prohibited by
applicable law); (d) Claims arising from your account, including, without
limitation, any Claims related to infringement by you of the intellectual
property rights of any person, including without limitation, copyright, patent,
trade secret, trade mark, artist rights, privacy, publicity or rights under
other intellectual property laws; (e) your breach of these Terms or the
documents made part of these Terms by reference; (f) your violation of any law
or the rights of a third party; or (g) any other use by you of the Site.
In the event that any Claim is made or any action or proceeding is brought
against the Indemnified Parties, or any of them, arising out of or connected
with this Agreement, any such Indemnified Party may, by reasonable notice to
you, require you, at your expense, to resist such Claim or take over the defense
of any such action or proceeding and employ counsel for such purpose, such
counsel to be subject to the prior written approval of such Indemnified Party,
which approval shall be deemed to have been given hereby in the case of counsel
acting for your insurance underwriters engaged in such resistance or defense.
You shall cooperate with us in the defense of any Claim. We reserve the right,
at our own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you.
We grant you a limited, personal, nontransferable, non-sublicensable,
revocable license to access and use the Site for your personal, non-commercial,
non-business related use. Except for this limited license, we do not grant you
any other rights or license with respect to the Site; any rights or license not
expressly granted herein are reserved. All copyrights, trademarks, service
marks, trade names and trade dress are proprietary to us, the Providers, or our
related parties (including, without limitation, our business partners, business
affiliates, and licensors).
Unless provided herein, or unless specific applicable law requires Roamba
to allow you to do so, you may not do any of the following without the prior
written consent of Roamba: (a) copy, reproduce, upload, post, display,
republish, distribute, transmit, any part of the Site or its contents in any
form whatsoever; (b) use a frame or border environment around any Content or the
Site, or other framing technique to enclose any portion or aspect of the Site,
or mirror or replicate any Content or portion of the Site; (c) modify, translate
into any language or computer language, or create derivative works from, any
Content, part or information posted on the Site; (d) reverse engineer any
part of the Content or the Site; (e) sell, offer for sale, transfer, or license
any Content or portion of the Site in any form to any third parties; (f) use any
robot, spider, other automatic device, or manual process to monitor the Content
or any information posted or in any way contained in the Site; (g) use the Site
or Content other than to make legitimate reservations or bookings; (h) use the
Site or Content to make any false, fraudulent or speculative reservation, or any
reservation in anticipation of demand; (i) imply in any fashion that Roamba or
its affiliates are endorsing your products or services; (j) place false or
misleading information on the Site or alter any Content on the Site to make such
Content false or misleading; (k) post or transmit any unlawful, threatening,
libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane
material or any material that could constitute or encourage conduct that would
be considered a criminal offense, give rise to civil liability, or otherwise
violate any law, or for any other purpose that is unlawful or prohibited by this
Agreement; (l) use or access the Content or Site in any way that, in our
reasonable judgment, adversely affects the performance or function of the Site
or the Content; (m) upload or transmit to the Site or use any device, software
or routine that contains viruses, Trojan horses, worms, time bombs, or other
computer programming routines that may damage, interfere or attempt to interfere
with, intercept, the normal operation of the Site or the Content, or appropriate
the Site or any Content or system, or take any action that imposes an
unreasonable load on our computer equipment, or that infringes upon the rights
of a third party; (n) use any device, software, or routine that interferes, or
attempts to interfere, with the normal operation of the Site or the Content, or
take any action that impose an unreasonable load on our equipment; (o) disguise
the origin of the Content or any information transmitted through the Site; (p)
frame or utilize framing techniques to enclose any trademarks, copyrights,
logos, or other proprietary information, including images, text, page layout, or
form; (q) use any meta tags or any other "hidden text" utilizing our name or any
of the trademarks, copyrights or other proprietary information displayed or made
available on or through the Site without our prior express written consent.
Notwithstanding the above, you may download, display, or print one (1) copy of
any portion of this Agreement or the Site for your personal records only. If you
do so, you may not modify the Content in any way, and you must reproduce the
Roamba copyright notice (or the Provider's notice as applicable) in the form: “©
2011-2012 Roamba, Inc. - All Rights Reserved”, or the Provider’s form as
specified and applicable.
In the event you download software from the Site, the software, including
any files, images incorporated in or generated by the software, and data
accompanying the software (collectively, the "Software") are licensed to you by
Roamba or third party licensors for your use in connection with the Site only.
We do not transfer title to the Software to you. You own the medium on which the
Software is recorded, but we (or third party licensors) retain full and complete
title to the Software and all intellectual property rights therein. You may not
redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise
reduce the Software to a human-readable form.
The Site is the sole and exclusive property of Roamba or its licensors.
Roamba and its licensors retain all right, title and interest (including all
copyright, trademark, patent, trade secrets, and all other intellectual property
rights) in the Site. The Site is protected by copyright, trademark,
patent, trade secrets, unfair competition, and other laws worldwide, through the
application of local laws or international treaties. Any unauthorized use,
reproduction or modification of this Site may violate such laws. ROAMBA,
ROAMBA.COM, VIA ROAMBA and all other Marks that appear, are displayed, or used
on the Site are registered or common law trademarks or service marks of Roamba
and its Providers. These Marks may not be copied, downloaded, reproduced, used,
modified, or distributed in any way without prior written permission from Roamba
or the relevant Provider, except as an integral part of any authorized copy of
Any communications or materials you submit or transmit to or through the
Site and Services or to Roamba, whether through transmission functions through
the Site and Services, or provide at the solicitation or request of Roamba,
whether by hardcopy, electronic mail or other electronic transmission (including
upload), whether audio, video, text, or other materials, including a voice
recording, video recording, illustration, or description of your likeness, name,
voice or image, including any data, text, question, comments, rating of a
service, property or attraction, suggestion, idea, or like (collectively, “User
Submissions”) will be treated as non-confidential and non-proprietary, and
Roamba (1) has exclusive ownership of all now known or hereafter existing rights
to your User Submissions and the information included in and derived therefrom,
and (2) is entitled to unrestricted use of such User Submissions without any
notice and/or compensation to you of any kind, and that such use (a) may be for
any purpose whatsoever, commercial or otherwise, (b) includes, but is not
limited to, the distribution, editing, display, archiving, modification,
adaptation, publication, license, performance, sharing, transmission, broadcast,
sale, donation, translation, and the creation of derivative works from such User
Submissions, (c) may be in any form, media, medium and technology of any kind,
now known or developed in the future, and (d) may be in any scope, extent,
level, volume and duration, for any purpose or reason, including, without
limitation, developing, manufacturing and marketing products and services,
including the Site and Services (“Information Use”). We assume no
responsibility for any communications or materials posted or submitted, or for
the return of such communications or materials. Without limiting any of the
foregoing, to the extent that any court determines that we do not own any or all
of your User Submissions, you agree that you hereby grant to us, our parent,
subsidiaries, affiliates, and partners an unlimited, non-exclusive, worldwide,
royalty-free, fully sublicenseable license to engage in the Information Use.
If you are allowed to delete a User Submission from the Site and Services,
our ownership of (or, in the alternative, our license to) and right to engage in
Information Use of that User Submission will not end. The User Submission
may still exist in our backup copies, which are not intended to be publicly
available. If your User Submission is shared with third parties, those
third parties may have retained copies of your User Submissions. We will
continue to have the right to engage in Information Use, even after you delete
the User Submission. Terminating your account on the Site or Service will
not automatically delete your User Submissions nor will it affect our ownership
(or, in the alternative, our license) of the User Submissions and the right to
engage in Information Use.
We may refuse or remove a User Submission without notice to you.
However, we have no obligation to monitor User Submissions, and you agree that
neither we nor our parent, subsidiaries, affiliates, employees, or agents will
be liable for any loss or damages of any kind resulting from the use or misuse
of User Submissions or our Information Use associated with User Submissions,
including all other releases and indemnification provisions in this Agreement.
their associated information will not be held confidential or private, even if
the User Submission is in a password-protected area. Accordingly, you should not
provide User Submissions that you want unseen by others or otherwise
unpublished. You hereby agree you intend and want the User Submissions you
create to be seen by, distributed to, and published for the public and all
persons, foreign and domestic, and you acknowledge the electronic communications
privacy act notice below.
You represent and warrant that you have all rights necessary to grant to
Roamba ownership of (or, in the alternative, a license to) the User Submissions
and all the Information Use rights above, and that none of your User Submissions
are defamatory, violate any rights of third parties (including intellectual
property rights or rights of publicity or privacy), or violate applicable law.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): WE
MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR
INFORMATION TRANSMITTED ON THE SITE AND SERVICES OR ANY WEB SITE AND SERVICES
LINKED TO THE SITE AND SERVICES. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE
INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK
SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER
CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE AND SERVICES, OR
OTHERWISE CONNECTED WITH YOUR USE OF THE SITE AND SERVICES.
Although most travel, including travel to international destinations, is
completed without incident, travel to certain destinations may involve greater
risks than others. It is your responsibility to review and evaluate travel
prohibitions, warning, announcements, and advisories before traveling to
domestic or international destinations. By offering reservations in domestic and
international destinations, we do not represent or warrant that travel to such
points is advisable or without risk. Hence, we shall have no liability for
damages, losses, or delays that may result from your travel to or stay at such
PRIVACY AND SECURITY
acceptable to you, in its totality. Your acceptance of these Terms is also
ELECTRONIC TRANSMISSIONS, INCLUDING THE INTERNET, ARE PUBLIC MEDIA, AND
ANY USE OF SUCH MEDIA IS PUBLIC AND NOT PRIVATE. INFORMATION RELATED TO OR
ARISING FROM SUCH USE IS PUBLIC, OR THE PROPERTY OF THOSE COLLECTING
INFORMATION, AND NOT PERSONAL OR PRIVATE INFORMATION.
YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE
CONTENT, SERVICES AND MATERIALS IN THE SITE ARE PROVIDED "AS IS" AND ON AN "AS
AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER
EXPRESS, IMPLIED OR STATUTORY. WE DO NOT MAKE ANY REPRESENTATIONS,
WARRANTIES OR ENDORSEMENTS REGARDING THE ACCURACY, RELIABILITY, USEFULNESS OR
COMPLETENESS OF THE SERVICES, CONTENT OR MATERIALS IN THE SITE OR ANY SITE
LINKED TO IT. TO THE MAXIMUM EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, NONINFRINGEMENT, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY,
CAPACITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY OR ARISING FROM COURSE OF
DEALING OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE SITE OR THE
SERVICES, CONTENT, MATERIALS OR FUNCTIONS CONTAINED IN THE SITE WILL BE
CONTINUOUSLY AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE SITE, SERVICES, CONTENT, MATERIALS OR THE SERVERS THAT
MAKE THE SITE OR SUCH SERVICES, CONTENT AND MATERIALS AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE ACCURATE OR COMPLETE. WE DO NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE
OF THE SERVICES, CONTENT, MATERIALS, FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE
SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU. In the event we are held liable for any
damages related to such matters, your sole and exclusive remedy will be limited
to reimbursement for services or products paid by you to the entity held liable
which were not provided by such entity. You hereby waive any and all rights to
bring any claim or action related to such matters in any forum beyond one (1)
year after the first occurrence of the kind of act, event, condition or omission
upon which the claim or action is based.
We explicitly disclaim any responsibility for the accuracy, content, or
availability of the Content or any information found on sites that link to or
from the Site. We cannot ensure that you will receive or be satisfied with any
products or services that you purchase from the Site or from a third-party site
that links to or from the Site or third party content on the Site. We do not
endorse any of the products or services, nor have we taken any steps to confirm
the accuracy or reliability of, any of the information contained in such
third-party sites or content. We do not make any representations or warranties
as to the security of any information (including, without limitation, credit
card and other personal information) you might be requested to give any third
party, and you hereby irrevocably waive any claim against us with respect to
such sites and third party content. We strongly encourage you to make
whatever investigation you feel necessary or appropriate before proceeding with
any online or offline transaction with any of these third parties.
We are not responsible for telephone, electric, electronic, network,
Internet, computer, hardware or software program malfunctions, failures, delays
or difficulties, or late, lost, stolen, illegible, incomplete, garbled,
misdirected, mutilated or postage due mail, e-mail, form postings, connections,
messages or entries, or the security of any and all such matters.
Further, we are not responsible for incorrect or inaccurate entry
information, whether caused by Internet users or by any of the equipment or
programming associated with or utilized in the Site or by any technical or human
error which may occur in the processing of any information related to the Site.
We may prohibit you from participating in or utilizing the Site if in our
sole and absolute discretion you show a disregard for this Agreement or act in
an unsportsmanlike manner, with the intent to annoy, abuse, threaten, or harass
any other person, or in any other disruptive manner. We also reserve the right
to refuse service, terminate accounts, remove or edit Content or cancel orders
in our sole and absolute discretion.
We reserve the right, at our sole and absolute discretion, to modify,
add, or remove portions of this Agreement at any time without notice. Unless
otherwise indicated, such changes will become effective immediately. The
amended version will supersede any prior version of this Agreement; therefore,
please check these terms periodically for changes. Your continued use of the
Site following the posting of changes to this Agreement will mean you accept
those modifications, additions or removals, and that we shall not be liable to
you for any condition that may result therefrom.
We also reserve the right to change, supplement, delete, update,
discontinue, suspend, or modify the Content or the Site at any time, and without
prior notice to you. However, we make no commitment to update the Content or the
Site. You agree that Roamba shall not be liable to you for any delay or other
damages that might result from such modification, suspension, discontinuance,
deletion, supplement, change, update, or any lack thereof.
You also agree that we are not responsible or liable in any way for
injury, loss or damage to your computer, mobile device or interception or use of
credit card information, related to or resulting from use of the Content or the
Site or any sites, services or materials linked or related thereto or therefrom
and also are not responsible or liable in any way for any injury, loss, claim or
damage relating to or resulting from any Content or any part of the Site
operating or not operating on computers or networks used by you or communicating
with such computers or networks. We may make reasonable
attempts to exclude viruses from the Site, but cannot ensure that the Site will
be at all times free from viruses or other destructive software. You are urged
to take appropriate safeguards before downloading Content from the Site.
We assume no responsibility for any damages to computer equipment or other
property that may result from use of the Site or downloading Content or
attempting to download anything from the Site. We shall have no liability
if for any reason any Content or portion of the Site is not capable of running
as planned, including infection by computer virus, bugs, tampering, unauthorized
intervention, fraud, technical failures, or any other causes beyond our
The Content is intended for information purposes only. Although we
exercise reasonable efforts to ensure their quality and accuracy, there might be
errors, or the information provided may not be complete, current, or applicable
to your particular situation. Further, information provided regarding the
service, amenities, products, etc. have been provided to us by the vendor. We
assume no liability or responsibility for any errors or omissions. You are
responsible for evaluating the accuracy, completeness, and usefulness of any
opinion, advice, or other content available through the Site or obtained from a
You should not take any action based on Content on this Site until you
have received a confirmation of your transaction. If you have not received
a confirmation of your reservation via e-mail, first look into your "spam" or
"junk" folder to verify that it has not been misdirected, and if still not
found, please contact our customer service department. The Contact Information
is provided below.
To the extent we list or link to third party products or services, the
Content, Site and Roamba do not offer those products or services and are not
acting as venue for such third parties to sell such products or services (or, as
appropriate, solicit offers to buy) or for buyers to purchase such products or
services. Accordingly, Roamba is not involved in the actual transaction between
any such third parties and buyers of such linked products or services. As a
result, we have no control over the quality, safety or legality of the items
advertised, the truth or accuracy of the listings, the ability of such third
parties to sell, or the ability of buyers to buy, any such products or services,
and therefore cannot ensure that a third party seller or buyer will actually
complete a transaction, and therefore Roamba offers no guarantees of such third
party products or services.
We do not control the information provided by other users which is made
available through the Site. You may find other user's information to be
offensive, harmful, inaccurate, or deceptive. Please use caution and common
sense when using the Site. Please note that there are also risks of dealing with
foreign nationals, underage persons or people acting under false pretense.
Although we intend that product descriptions contained in the Site be
current and accurate, we make no warranty or representation that descriptions of
products in the Site are accurate, complete, current, or reliable in any or all
Although most travel, including travel to international destinations, is
completed without incident, travel to certain destinations may involve greater
risks than others. We urge you to review and evaluate travel prohibitions,
warning, announcements, and advisories issued by the government and the aviation
administration before determining to travel to any destination. Information on
conditions in various countries and the level of risk associated with travel to
particular international destinations can be found at public sites, such as
www.cdc.gov, www.treas.gov/ofac, and
www.customs.gov. Roamba does
not represent or warrant that travel to any domestic or international
destination is advisable or without risk. Roamba does not accept, and
you hereby irrevocably waive any claims against Roamba for, liability for
damages, losses, or delays that may result from improper documents for entry,
exit, length of stay, or from travel to any domestic or international
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): WE
MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR
INFORMATION TRANSMITTED ON THE SITE OR ANY WEB SITE LINKED TO THE SITE. WE WILL
NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION
AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR
TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS
ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SITE.
We reserve the right to cancel or modify reservations with a Provider
where it appears that a customer has engaged in fraudulent or inappropriate
activity or under other circumstances where it appears that the reservations
contain or resulted from a mistake or error.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, THE CIRCUMSTANCE OF
NEGLIGENCE, SHALL ROAMBA OR ANY PROVIDER OR OTHER INDEMNIFIED PARTIES BE LIABLE
FOR ANY LOST PROFITS, COST OF COVER, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM OR ARISE OUT OF OR
IS CONNECTED IN ANY WAY WITH (a) THE USE OF, OR THE INABILITY TO USE, THE SITE
OR THE SERVICES OR FUNCTIONS OF THE SITE, (b) YOUR ACCESS TO, OR INABILITY TO
ACCESS, THE SITE, (III) YOUR RELIANCE UPON, THE SITE OR THE SERVICES, CONTENT OR
MATERIALS IN, OR FUNCTIONS OF, THE SITE, (c) THE PROVISION OF, OR FAILURE TO
PROVIDE SERVICES, OR INFORMATION BY OR THROUGH THE SITE BY US OR A PROVIDER, (d)
ANY FAILURE OR DELAY THROUGH THE SITE OR THE PROVISION OF SERVICES BY US OR A
PROVIDER, OR (e) ANY DAMAGES OR INJURY WHATSOEVER RESULTING FROM LOSS OF USE,
DATA, OR PROFITS, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO,
ALTERATION OF, OR USE OF RECORD, WHETHER OR NOT WE OR A PROVIDER HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY
WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
IN ADDITION, WE HAVE NO DUTY TO UPDATE THE SITE OR THE CONTENTS THEREOF.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND
CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING
IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF THE PRODUCTS, SERVICES,
MEMBERS, SUPPLIERS OR BUYER OFFERED IN CONNECTION THEREWITH OR ASSOCIATED
THEREWITH, AS THE CASE MAY BE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO
DISCONTINUE USE OF THE SITE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE
BY UTILIZING THE SITE, ALL USERS ACKNOWLEDGE AND AGREE THAT THE
INDEMNIFIED PARTIES ARE RELEASED, DISCHARGED AND HELD HARMLESS FROM AND ARE NOT
RESPONSIBLE OR LIABLE FOR ANY LIABILITY WITH RESPECT TO ALL ASPECTS OF THE SITE
(INCLUDING WITHOUT LIMITATION, ANY ILLNESS, LOSSES, LITIGATION, PERSONAL INJURY,
DEATH, PROPERTY DAMAGE, AND CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR
INVASION OF PRIVACY, REASONABLE ATTORNEYS' FEES AND COURT COSTS) THAT MAY OCCUR
FROM USE OF THE SITE OR THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF
INFORMATION, MATERIALS, SERVICES, PRODUCTS OR OTHER CONTENT RELATED THERETO OR
ACQUIRED THEREFROM. WE RESERVE THE RIGHT AT ANY TIME AND WITHOUT LIABILITY
TO RESTRICT OR REFUSE ACCESS TO THE SITE AND ITS SERVICES, CONTENT, MATERIALS
AND FUNCTIONS TO ANYBODY. WE FURTHER RESERVE THE RIGHT TO SEEK ANY FORM OF
RELIEF, INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES, RELATED TO FRAUDULENT OR
ILLEGAL ACTIVITY CONNECTED WITH THE USE OF THE SITE.
You also on behalf of yourself, your predecessors, if applicable, and each
of your and their present and former officers, employees, directors,
shareholders, parents, subsidiaries, alter egos, affiliates, partners, agents,
attorneys, accountants, heirs, executors, administrators, conservators,
successors and assigns, as applicable, hereby fully and forever releases and
discharges the Indemnified Parties, from any and all claims, demands, liens,
actions, agreements, suits, causes of action, obligations, controversies, debts,
costs, attorneys' fees, expenses, damages, judgments, orders and liabilities of
whatever kind or nature in law, equity or otherwise, whether now known or
suspected which have existed or may have existed, or which do exist or which
hereafter can, shall or may exist, based on any facts, events or omissions
occurring from any time on or prior to the execution of this Agreement which
arise out of, concern, pertain or relate in any way to the actions of any third
parties, including Providers, that are not under the direct control of Roamba.
You also acknowledge that there is a possibility that subsequent to the
execution of this Agreement, you will discover facts or incur or suffer claims
which were unknown or unsuspected at the time this Agreement was executed, and
which if known by it at that time may have materially affected its decision to
execute this Agreement. You acknowledge and agree that by reason of this
Agreement, and the release contained in this section of this Agreement, you
are assuming any risk of such unknown facts and such unknown and unsuspected
claims. You have been advised of the existence of Section 1542 of the
California Civil Code ("Section 1542"), which provides:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES
NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
Notwithstanding such provisions, this release shall constitute a full
release in accordance with its terms. You knowingly and voluntarily waive the
provisions of Section 1542, as well as any other statute, law or rule of similar
effect. In connection with such waiver and relinquishment, you acknowledge that
you are aware that you may hereafter discover claims presently unknown or
unsuspected, or facts in addition to or different from those which you now know
or believe to be true, with respect to the matters released herein.
Nevertheless, it is your intention, through this Agreement, and with the advice
of counsel, fully and finally settle and release all such matters, and all
claims relative thereto, which do now exist, may exist, or have existed between
and among the parties hereto, including the Indemnified Parties. You hereby
acknowledge that you have been advised by your legal counsel, understand and
acknowledge the significance and consequence of this release and of this
specific waiver of Section 1542 and other such laws.
SUPPLIER SERVICES TERMS AND CONDITIONS
You agree to abide by the terms and conditions of booking imposed by any
Provider or other supplier with whom you elect to deal.
You and Roamba are independent contractors, and no agency, partnership,
joint venture, employee-employer or franchiser-franchisee relationship is
intended or created by this Agreement.
Roamba may charge a fee for the service it provides when you book or
reserve travel services, or accommodations through the Site. Any such service
fee is non-refundable. In addition, you will be responsible for all charges,
fees, duties, taxes, and assessment arising out of your use of the Products and
Services available from the Site.
We may, at any time, in our sole discretion and without advance notice or
liability, terminate or restrict your access to all or any component of the
Site, even if access continues to be allowed to others. Upon such termination or
suspension, you must immediately discontinue use of the Site, and destroy any
copy you have made of any portion of the Site. Accessing the Site after such
termination, suspension, or discontinuation shall constitute an act of trespass.
We shall not be responsible to you to such suspension or termination.
LINKS TO THIRD PARTY SITES
For your convenience, our Site provides links to other sites, including
sites of certain Providers. When you click on one of these links, you are
leaving our site and entering another site. We are not responsible for such
third party Web sites. You should carefully review the separate terms and
conditions of use of these sites, because these terms will apply to your visit
to these other sites.
We welcome links from a third party site to our Site, through a plain text
link, provided that (a) you discontinue providing a link to our Site if so
requested by Roamba; (b) you do not imply in any fashion that Roamba is
endorsing any of product or service or is affiliated with you, (c) you do not
present Roamba in a false light, or provide misleading or false information
about Roamba, or its Site or Products and Services, (d) you do not remove or
obscure the copyright notices, or other notices on this Site; (e) you do not use
any mark of Roamba; and (f) you do not replicate, frame or mirror the content of
the Site. We reserve the right to require you to remove links to the Site, in
our sole discretion.
You shall comply with all applicable laws, statutes, ordinances and
regulations regarding your use of the Site and your solicitation of offers to
purchase or sell products or services. This Agreement shall be governed by and
construed in accordance with the laws of the State of California, without giving
effect to any principles of conflicts of law. You and Roamba agree that The
United Nations Convention on Contracts for the International Sale of Goods will
not apply to this Agreement and the terms and conditions herein. You agree that
any action at law or in equity arising out of or relating to the terms of this
Agreement shall be filed only in the United States District Court for the
Central District of California or, if there is no federal jurisdiction over the
action, in the Superior Court of California, County of Orange. You hereby
consent and submit to the personal jurisdiction of such courts for the purposes
of litigating any such action.
Your acceptance of these Terms, and your use of the Site do not create a
joint venture, partnership, employment, or agency relationship with us. You may
not assign, delegate, or transfer your rights or obligations under these Terms.
If we fail to act with respect to your breach or anyone else's breach on any
occasion, we are not waiving our right to act with respect to future or similar
breaches. If a court finds any of these Terms to be unenforceable or invalid,
that Term will be enforced to the fullest extent permitted by applicable law and
the other Terms will remain valid and enforceable. If any provision of this
Agreement shall be unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from this Agreement and shall not affect the
validity and enforceability of any remaining provisions. This is the entire
agreement between us relating to the subject matter herein and shall not be
modified except as otherwise set forth herein. No waiver of any term,
provision or condition of this Agreement, whether by conduct or otherwise, in
any one or more instances, shall be deemed to be, or shall constitute, a waiver
of any other term, provision or condition hereof, whether or not similar, nor
shall any waiver constitute a continuing waiver of any such term, provision or
condition hereof. No waiver shall be binding unless executed in writing by the
party making the waiver. You agree that you will execute and deliver to us, in
recordable form if necessary, such further documents, instruments or agreements,
and shall take such further action, that may be necessary or appropriate to
effectuate the purposes of this Agreement. In any such action or any
action we may initiate, the prevailing party will be entitled to recover all
legal expenses incurred in connection with the action, including but not limited
to costs, both taxable and non-taxable, and reasonable attorneys' fees.
The headings in this Agreement are for your convenience and reference; they do
not limit or affect these Terms. These Terms, together with those items
made a part of these terms by reference, make up the entire agreement between us
relating to your use of our site, and replaces any prior understandings or
agreements (whether oral or written) regarding your use of our site.
These Terms supersede any prior Roamba Terms and Conditions relating to
the use of the Content or the Site that were displayed on this Site before the
date stated above. Unless specifically provided, they do not supersede the
Additional Terms provided elsewhere in this Site.
any time, by updating this posting. You should visit this page from time to time
to review the then-current Terms, because they are binding on you. Your
continued use of our site, following the posting of conspicuous notice of any
modification, will be subject to the Terms in effect at the time of your use.
Certain provisions of these Terms may be superseded by expressly designated
legal notices or terms located on particular pages of this Site.
You may preserve these Terms in written form by printing them for your
records, and you waive any other requirement that these Terms be evidenced by a
To the extent that we may need to contact you, you agree that we may do so
via any electronic means, including but not limited to communication posted on
the Site, electronic mail, or instant messaging.
Any questions or concerns about these Terms or if you need further
assistance with respect to access to or use of the Site or the services offered
by Roamba, you may contact our Customer Service department at the designated
address(es) indicated below. We will attempt to respond to your questions
or concerns promptly after our receipt.
E-mail Address: firstname.lastname@example.org
Physical Mailing Address:
P.O. Box 25214
Anaheim, CA 92825-5214