Terms and Conditions

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.

I. 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.

II. ELIGIBILITY

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.

III. 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 login information.

IV. 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.

V. INDEMNIFICATION

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.

VI. LICENSE

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.

VII. INTELLECTUAL PROPERTY

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 the Content.

VIII. SUBMISSIONS

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.

Except as may be provided in the Privacy Policy, the User Submissions and 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.

IX. TRAVEL

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 destinations.

X. PRIVACY AND SECURITY

Your use of the Site and the Content is subject to our Privacy Policy. You agree that you have read our Privacy Policy, and it is reasonable and acceptable to you, in its totality. Your acceptance of these Terms is also your consent to the information practices in our Privacy Policy.

XI. DISCLAIMERS

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 reasonable control.

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 linked site.

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 respects.

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.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, 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 destinations.

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.

XII. 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 THE SITE.

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 TERMS HEREOF.

XIII. RELEASE

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 DEBTOR.”

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.

XIV. 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.

XV. NO AGENCY

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.

XVI. FEES

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.

XVII. TERMINATION

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.

XVIII. 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.

XIX. DISPUTES

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.

XX. GENERAL

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.

We may modify, revise or update these Terms and/'or the Privacy Policy, at 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 written document.

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.

XXI. CONTACT INFORMATION

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: contact@roamba.com

Physical Mailing Address:

Roamba, Inc.

P.O. Box 25214

Anaheim, CA 92825-5214

Telephone: 866-570-1212