Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY; THIS IS A BINDING CONTRACT. BY ACCESSING OUR WEBSITE OR USING OUR APPLICATION OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IT IS YOUR RESPONSIBILITY TO READ THESE TERMS AND CONDITIONS BEFORE PROCEEDING. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS THEN DO NOT ACCESS OR USE OUR WEBSITE, OUR APPLICATION, OR OUR SERVICE.
These Terms and Conditions are effective December 1, 2021.
- ACCEPTANCE OF AGREEMENT
These Terms and Conditions constitute a legally binding agreement (the “Agreement”), which governs the relationship between Rogo LLC (referred to in this Agreement as “Rogo,” “we,” “us,” “our,” or “ours”) and users who interact with us (referred to as “User,” “Lender,” “Renter,” “you,” “your,” or “yours”) through our website or mobile application. Your access to and use of our website (the “Site”), our mobile application (the “App”) and the features, products and services we provide through the Site and the App (individually and collectively, the “Service,” or “Services”), are subject to these Terms and Conditions. You must agree to these Terms and Conditions in order to use the Service. By continuing to use our Site or App you agree to and accept these Terms and Conditions. If you do not accept these Terms and Conditions, then you may not use our Service. By accepting these Terms and Conditions or using the Service, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside.
- UPDATES TO TERMS AND CONDITIONS AGREEMENT
We may update these Terms and Conditions at any time, and we will post the updated version on the Site. You understand and agree that if you use the Service after the updated Terms and Conditions are posted, you will have accepted the updated Terms and Conditions. If at any point you do not agree to any portion of the Terms and Conditions then in effect, you must immediately stop using the Service.
- DESCRIPTION AND SCOPE
Our website landing page, www.rogorent.com, and our App, ROGO, together are a platform for neighborhood-based peer-to-peer rental of household items (referred to as the “Service,” or “Services” in this Agreement). All visitors to our Site and users of our App are deemed “users” of the Service for purposes of these Terms and Conditions. You understand and agree that the Site and App, including any which are available on various social media networking sites and other platforms and downloadable programs, are the sole property of Rogo LLC. At our discretion, we may offer additional Services and/or products, or update, modify or revise any current content and Service, and this Agreement shall apply to all additional Services and/or products, and any and all updated, modified or revised Service, unless otherwise stipulated. We reserve the right to cancel and cease offering any Services or products. You acknowledge and agree that Rogo LLC will not be held liable for any such updates, modifications, revisions, suspensions or discontinuances of Services and/or products. Your continued use of the Service after posting of such changes constitutes your acceptance of those changes. If you do not agree to the updated, modified or revised Service, you must stop using our Site, our App, and all associated Services immediately.
You are responsible for any Internet connection and telecommunications fees and charges that you incur when accessing the Service.
You understand and agree that our Service is provided “AS IS,” and we do not assume any responsibility for timeliness, missed delivery, deletion and/or failure to store user content, communications or personalized settings. You further understand that our Service is provided on an “AS AVAILABLE” basis.
- DISCLAIMERS AS TO RENTAL TRANSACTIONS
You understand and agree that your use of our Site, App or Service is solely at your own risk.
Rogo expressly disclaims any and all warranties of any kind, whether express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Because our Service enables Lenders and Renters to communicate with one another, we reserve the right to monitor such communications. However, we are not required to do so. We are not a party to any transaction that occurs between a Lender and a Renter. You expressly acknowledge and agree that we are not responsible for, and we expressly disclaim, any and all liability that may result from (a) any information provided by a Lender or a Renter; (b) the provision or use of any product; and/or (c) the conduct, online or offline, of any user of the Service.
- NO REPRESENTATIONS OR WARRANTIES
Rogo does not sponsor, endorse, or recommend any Lender or Renter, nor do we make any representations or warranties about the quality, reliability, availability, legality, or suitability for a particular purpose of any product shown by Lenders on our Site or App. Additionally, we cannot and do not represent or warrant that any Lender is licensed, qualified, insured or capable of providing any product, and we make no representations or warranties about the accuracy or reliability of any information provided by a Lender or a Renter. In no event shall we be liable to you or anyone else for any decision you make or any action you take in reliance on any product or information provided by a Lender or Renter.
- RENTAL AGREEMENT
- For Lenders. When you use the Service to provide a product to a Renter:
- You represent and warrant that
- You are the sole Lender of the product or that you have full agency or other authority to provide the product to the Renter;
- The product is accurately described in the listing, including current condition and any known faults, defects or problems;
- The product is in proper working condition, has been maintained in accordance with the manufacturer’s instructions and, during the rental period specified in the listing, will operate in a manner that is substantially equivalent to other products of the same type, except as otherwise described in the listing; and
- You have the legal capacity and full authority to enter into the rental agreement.
- As a Lender, you are solely responsible for the cost of any repairs or adjustments to the product that are not necessitated by damage caused by the Renter.
- All disputes arising out of or relating to the rental agreement or relating to the Renter will be resolved between Lender and Renter. At Lender’s request ROGO may, but is not required to, provide intermediary services to assist in facilitating a compromise solution. If Lender and Renter are unable to reach a satisfactory compromise, further action must be between those parties exclusively, using outside resources such as informal dispute resolution, arbitration, mediation, or the courts.
b. For Renters. When you use the Service to obtain a product from a Lender:
- You represent and warrant that
- You are knowledgeable with respect to the type of product being rented and adjustments required for the safe operation and use of the product;
- You have the legal capacity and full authority to enter into the rental agreement;
- You will treat the product with at least the same degree of care as you would your own property, and in any event with reasonable care; and
- You will return the product to the Lender in the same condition as you received it, except for ordinary wear and tear, on the due date and time and at the location specified in the listing.
- You are fully responsible for your safety and the safety of any third parties while using the product.
- You understand that there will be additional charges if the product is returned at a different time, date, or location than indicated in the listing, including late charges and/or additional rent charges, as specified in the listing.
- You must ensure the product
- remains personal property and does not become a fixture to real property;
- is kept free of any liens or encumbrances; and
- is stored in a safe place and environment.
- You acknowledge the Lender may repossess the product at any time without notifying you in advance if:
- the product is used in violation of the law;
- the product is used in violation of the rental agreement;
- it appears the product has been abandoned;
- you made a misrepresentation to the Lender, or
- you fail to return the product when due.
- You will pay the Lender up to the full replacement value of the product for all losses and/or damage to the product, except for ordinary wear and tear.
- You acknowledge that the product remains the exclusive property of the Lender and is subject to inspection by the Lender at any time upon the Lender’s request.
- You understand and acknowledge that the product is provided by the Lender “as is” and that the Lender is not making any warranties other than those expressly set forth in Section 6a(i) above.
- You will not remove any labels from the product, including but not limited to labels identifying the product as property of the Lender.
- You will not modify the product in any manner without the Lender’s prior written approval.
- All disputes arising out of or relating to the rental agreement or relating to the Lender will be resolved between Renter and Lender. If Renter and Lender are unable to reach a satisfactory compromise, further action must be between those parties exclusively, using outside resources such as informal dispute resolution, arbitration, mediation, or the courts.
- TERMINATION OF SERVICE
We reserve the right to deny Service to any person or entity at our sole and absolute discretion. You acknowledge and agree that Rogo may stop providing the Service or restrict your use of the Service at any time, without notifying you in advance, for any reason or no reason, including, without limitation, for any violation of this Agreement or if we suspect that you have used any aspect of the Service to conduct any fraudulent or illegal activity.
To access the Service, you must have an account. You can create an account by completing the registration process. You may be required to provide information about yourself as part of the registration process or your continued use of the Service. You agree that any registration information that you submit to Rogo will be correct, accurate and up to date.
If you are a Lender, you agree to pay Rogo a fee equal to fifteen percent (15%) of the gross amount of the rental fee specified in each listing corresponding to a rental transaction (the “Transaction Fee”). Included in this amount is a fee equal to two and nine-tenths (2.9%) of the gross amount of the rental fee specified in each listing, together with a 30-cent ($0.30) flat fee, for each rental transaction (together, the “Payment Processing Fee”), which we will pass on to our third-party payment processor, Stripe. You agree to pay all fees and taxes incurred by you or anyone using your account. The Fees will be payable in U.S. Dollars at the time the rental fee is paid by the Renter. Rogo may, from time to time, modify, amend, or supplement its pricing and billing procedures, and such changes will be effective immediately upon posting a link to an update of this Agreement or posting such changes elsewhere on the Site or the App. If there is a dispute regarding your payment of Fees for any rental transaction, Rogo has the right to terminate your account without prior notice. YOU ACKNOWLEDGE AND AGREE THAT ALL FEES AND OTHER CHARGES PAYABLE TO ROGO OR ONE OUR THIRD-PARTY PROVIDERS ARE NON-REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
- PAYMENT PROCESSING
Payment processing for the Service for Lenders and Renters is provided by Stripe and is subject to the Stripe payment processing connected agreement, which includes the Stripe Terms of Service (collectively the “Stripe Agreements”) located at https://stripe.com/legal. By using the Service, you agree to be bound by the Stripe Agreements, as they may be modified by Stripe from time to time. As a condition of Stripe’s payment processing service, you agree to provide Rogo accurate and complete information about you, and you authorize Rogo to share such information and relevant transaction information related to your use of the payment processing services provided by Stripe.
Rogo reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under this Agreement, or any amounts due as a result of a breach of this Agreement by you. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which may include required tax information, or as otherwise required by applicable law. If you dispute any payment made hereunder, you must notify Rogo in writing within thirty (30) days of any such payment; failure to so notify Rogo will result in your waiver of any claim relating to any such disputed payment. Payments will be calculated solely based on records maintained by Rogo in its sole and absolute discretion. No other measurements or statistics of any kind will be accepted by Rogo or have any effect under this Agreement.
You are solely responsible for all tax obligations associated with your rental transactions. For purposes of this Agreement, “tax” means any income taxes, sales taxes, value added taxes (VAT), goods and services taxes (GST), or any other taxes that the Lender or Renter may be required by law to collect and/or remit to any governmental agencies. The laws in different jurisdictions vary. Rogo cannot and does not offer tax-related advice to anyone. Please consult your tax advisor to determine the tax treatment for your activities related to the Service. If you are entitled to an IRS Form 1099-k in connection with any transaction, it will be issued by Stripe. This section is provided for information purposes only and is not intended to constitute tax advice. You understand and agree that (a) you are solely responsible for complying with your tax obligations arising out of your use of the Service and (b) you will comply with such obligations. You agree to indemnify, defend and hold harmless Rogo, its officers, directors, employees, affiliates, subsidiaries, agents, successors and assigns from and against any liabilities, damages, losses, costs, expenses or settlement fees (including reasonable attorneys’ fees, defense costs, investigation expenses, discovery costs, and court costs) arising out of your breach of this section. Neither Lenders nor Renters are considered “affiliates” for any purpose.
- ACCOUNT SECURITY
Maintaining account security is very important. You are solely responsible for maintaining the confidentiality of your account password. You agree to notify Rogo immediately if you become aware of any unauthorized use of your password or of your account.
- ACCOUNT SHARING OR TRANSFERS
Accounts are registered to you personally and may not be sold, traded, gifted or otherwise transferred at any time under any circumstances. You may not share your account with, or disclose your password to, anyone else.
- EFFECT OF ACCOUNT TERMINATION
Accounts terminated by Rogo for any type of abuse including, without limitation, a violation of these Terms and Conditions, may not be reactivated for any reason. If we disable your access to your account, you may be prevented from accessing the Service, your account details, or any materials contained in your account.
- USE REQUIREMENTS
- Grant of License. Subject to the terms and conditions of this Agreement, Rogo hereby grants you a limited, non-exclusive, personal, non-sublicensable, non-assignable license to use the Service, which may only be used in connection with the Service and in accordance with these Terms and Conditions, and any rules, restrictions and/or documentation set forth by Rogo from time to time.
- Installation. In connection with the Service, you may install the App on one or more mobile devices that you own or control and that meet the minimum specifications provided by Rogo.
- Updates. Rogo may require that you download and install updates to the App from time to time. You acknowledge and agree that Rogo may update the Service with or without notifying you and add or remove features or functions to the Service at any time in its sole discretion. You acknowledge and agree that Rogo has no obligation to make the Service available to you, make any subsequent versions of the Service available to you or to continue to support the Service in any way. You acknowledge that your access to the Service may not be continuous, features may change during your use of the Service, and Rogo may terminate your access to the Service or stop offering the Service at any time.
- RESTRICTIONS AND CONDITIONS OF USE
- Use of the Service. Rogo permits you to view and use the Service solely for your personal, non-commercial use. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, materials, data or services obtained from the Service. Rogo reserves the right to add or remove information, content or services from the Services at any time at its sole discretion.
- Accessing the Service. You agree not to access, or attempt to access, the Service by any means other than through the user interface provided through the Site or the App. You specifically agree not to access, or attempt to access, the Service through any automated means (including, without limitation, through the use of scripts, bots, spiders or web crawlers).
- No Violations of Law. You agree that you will not, in connection with your use of the Service, violate any applicable law, ordinance, rule, regulation or treaty. Without limiting the foregoing, you agree that you will not make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
- Restrictions on Use. You may not connect to or use the Service in any way that is not expressly permitted by this Agreement.
- You may not:
- remove any proprietary notices from the Service;
- cause, permit or authorize the modification, translation, reverse engineering, decompiling, disassembling or hacking of the Service;
- cause, permit or authorize the creation of derivative works from the Service;
- sell, assign, rent, lease, act as a service bureau, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity without the prior written consent of Rogo; or
- make any false, misleading or deceptive statement or representation regarding Rogo and/or the Service.
- Without limiting the foregoing, you agree that you will not:
- institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Service (or any servers, systems or networks connected to the Service) or otherwise attempt to obstruct, disrupt or interfere with the operation of the Service or any other person’s or entity’s use of the Service (or any servers, systems or networks connected to the Service);
- attempt to gain unauthorized access to the Service, accounts registered to other users, or any servers, systems or networks connected to the Service;
- use the Service for any commercial purpose unless consistent with this Agreement and the intended use of the same, or for the benefit of any third party, or charge any person or entity, or receive any compensation for, the use of the Service, unless you are specifically authorized to do so in a separate written agreement with Rogo;
- use the Service to develop, generate, transmit or store information that is defamatory, harmful, abusive, obscene or hateful;
- use the Service to perform any unsolicited commercial communication not permitted by applicable law; or
- use the Service to engage in any activity that (A) constitutes harassment or a violation of privacy or threatens other people or groups of people; (B) is harmful to children in any manner; (C) constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s identity (whether a real identity or online nickname or alias); or (D) violates any applicable law, ordinance, rule, regulation or treaty.
- Without limiting the foregoing, you agree that you will not use the Service for any other unlawful, prohibited, abnormal or unusual activity as determined by Rogo in its sole discretion.
- No Data Mining or Harmful Code. You agree that you will not:
- obtain or attempt to obtain any information from the Service including, without limitation, email addresses or mobile phone numbers of other account holders or other data;
- intercept, examine or otherwise observe any proprietary communications protocol used by the Service, whether through the use of a network analyzer, packet sniffer or other device; or
- use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse routine, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, any aspect of the Service.
- Violations of this Agreement. You acknowledge and agree that you are solely responsible, and Rogo has no responsibility or liability to you or any other person or entity, for any breach by you of these Terms and Conditions, or for the consequences of any such breach. Rogo may at its option, terminate its relationship with you, or may suspend your account immediately if it determines you are using the Service contrary to the restrictions found in this Section 17 or any other terms of this Agreement.
- Links From the Site. The Site may contain links to websites operated by other parties. Rogo provides these links to other websites as a convenience and use of these websites is at your own risk. The linked websites are not under the control of Rogo and Rogo is not responsible for the content available on the other websites. Such links do not imply Rogo’s endorsement of information or material on any other website and Rogo disclaims all liability with regard to your access to and use of such linked websites. You understand and agree that we are not responsible, and will not be held liable, for the availability of such external sites or resources, nor for any loss or damage which is the result of, or alleged to be the result of, the use of or reliance on any content, goods or services accessible or made available through such sites or resources.
- Links To the Site. Unless otherwise set forth in a written agreement between you and Rogo, you must adhere to Rogo’s linking policy as follows:
- the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Rogo’s or its licensors’ names and trademarks;
- the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Rogo; and
- when selected by a user, the link to the Site must display the Site on full-screen and not within a “frame” on the linking Site. Rogo reserves the right to revoke its consent to the link at any time and in its sole discretion.
- INTELLECTUAL PROPERTY
- Trademarks. The “Rogo” name and logo are trademarks and service marks of Rogo. Unless permitted in a separate written agreement with Rogo, you do not have the right to use any of Rogo’s trademarks, service marks or logos and your unauthorized use of any of these may be a violation of federal and state trademark laws.
- Ownership. You acknowledge and agree that Rogo, or its licensors, owns all right, title and interest in and to the Service, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Service is protected by U.S. and international copyright laws. Further, you acknowledge that the Service may contain information that Rogo has designated as confidential and you agree not to disclose such information without Rogo’s prior written consent.
- Copyright Agent. Rogo respects the intellectual property rights of others, and requires that people who use the Service do the same. Rogo maintains a policy of terminating users of the Service who engage in repeated infringing conduct. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
2209 NE 109th St.
Vancouver, WA 98686
Tel: (360) 719-9512
- USER GENERATED CONTENT
Some content that you share or upload, such as photos, may be protected by intellectual property laws. “Content” means text, images, photos, audio, video, messaging, and all other forms of data or communication that you submit or transmit to, through, or in connection with the Service.
- Submitted Content. Rogo is not the source of, does not verify or endorse and takes no responsibility for the content of communications made using the Service or any materials submitted or made available through the Service via any hosting, publishing or any other function which allows a user to post, upload, edit, host, publish or share content (“Submitted Content”). By using the Service, you agree that any Submitted Content may be viewable by other users of the Service. The content of communications is entirely the responsibility of the person from whom such content originated. You therefore may be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent or otherwise objectionable. Submitted Content may be protected by intellectual property rights, which are owned by third parties. You are responsible for the content you communicate and access using the Service. In particular, you are responsible for ensuring that you do not submit material that:
- is copyrighted, protected by trade secret rights or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner;
- is a falsehood or misrepresentation;
- is offensive, unlawful, harmful to minors, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable;
- is an advertisement or solicitation of business; or
- impersonates another person.
We may in our sole discretion block, prevent delivery of or otherwise remove the content of communications as part of our efforts to protect the Service or our customers, or to otherwise enforce the terms of this Agreement. Further, we may in our sole discretion remove such content or terminate this Agreement and your access if you use any content that is in breach of this Agreement.
- Your Responsibility. You acknowledge that you alone are responsible for your Content, and once posted to Rogo, it cannot always be withdrawn. You agree, under no circumstances will we be liable for your Content including, but not limited to, any errors or omissions in your Submitted Content, or any loss or damage of any kind incurred as a result of the use or distribution of any of your Submitted Content transmitted or otherwise made available via the Service. You assume all risks associated with your Submitted Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. You represent that you own or have the necessary permissions to use and authorize the use of your Content as described herein. You may not imply that your Content is in any way sponsored or endorsed by Rogo. You may expose yourself to liability if, for example, your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, service mark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; or violates these Terms and Conditions.
- Use of Submitted Content. We may use your Content in a number of different ways, including but not limited to publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). Our users may access your Content in connection with their use of the Service and any Other Media. You hereby irrevocably waive, and cause to be waived, against Rogo and its users, any claims and assertions of moral rights or attribution with respect to your Content.
- Ownership of Content. As between you and Rogo, you own your Content. We own the Rogo Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrangement of Content), computer code, products, software, and all other elements and components of the Service excluding your Content and any third-party Content.
- Grant of License. Rogo does not claim ownership of any Submitted Content. You hereby grant us a perpetual, irrevocable, assignable, worldwide, royalty-free, sublicensable, non-exclusive and transferable license to use, reproduce, distribute, prepare derivative works of, display, modify, copy, translate, remove, analyze, commercialize, and publicly perform Submitted Content or any part of Submitted Content in connection with the Service and our business, including without limitation for promoting and redistributing part or all of the Service and derivative works thereof in any and all media formats and through any and all media channels now known or hereafter adopted, for any purpose. You also grant each user of the Service a non-exclusive license to access your Submitted Content through the Service while the Submitted Content is made available through the Service. You may take down any of your Submitted Content at any time; however, you acknowledge and agree, that we may still have access to such Submitted Content and that the above licenses granted by you will remain in effect despite your removal of such Submitted Content from the Service. You hereby represent, warrant and covenant that any Submitted Content you provide does not include anything to which you do not have the full right to grant the licenses specified in this Section 20e.
- Disclaimer of Liability. We do not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and expressly disclaim any and all liability in connection with Submitted Content. You acknowledge and agree that:
- by using the Service, you may be exposed to content that you may find offensive or indecent and you do so at your own risk;
- you are solely responsible for, and we have no responsibility to you or any third party for any Submitted Content that you create, submit, post or publish through the Service;
- we do not guarantee any confidentiality with respect to your Submitted Content;
- we are not responsible for any Submitted Content provided by third parties that you may have access to through your use of the Service;
- all Submitted Content is the responsibility of the person from whom such Submitted Content originated;
- we have no control over and are not responsible for the use of Submitted Content by a user, including any user that has uploaded such Submitted Content to such user’s personal device; and
- we may not be able to remove certain Submitted Content that is uploaded onto another user’s device.
- Pre-screening of Submitted Content. We have the right to pre-screen Submitted Content, but have no obligation to do so. At our sole discretion, any Submitted Content may be included in the Service in whole or in part in a modified form. In addition, we and our designees shall have the right (but not the obligation) in our sole discretion to refuse or remove any Submitted Content that is available via the Service that violates this Agreement or is otherwise objectionable including, but not limited to, unlawful, offensive, threatening, libelous, defamatory, pornographic, or obscene material, or submissions that violate anyone’s intellectual property rights.
- Other. Content does not necessarily reflect the opinion of Rogo. Except as required by law, we have no obligation to retain or provide you with copies of your Content, and we do not guarantee any confidentiality with respect to your Content. We reserve the right to remove, screen, edit, or reinstate your Content at our sole discretion for any reason or no reason, and without notice to you.
- SOCIAL NETWORKS
The Service includes features that operate in conjunction with certain third party social networking websites, such as, for example, Facebook (“Social Network Features”). While your use of the Social Network Features is governed by this Agreement, your access and use of third party social networking websites and the services provided through these websites is governed by the terms of service and other agreements posted on these websites. You understand and acknowledge that the Service is not endorsed or certified by any of the aforementioned social networking websites.
The Service is operated by Rogo in the United States. If you choose to access the Service from a location outside of the United States, you do so on your own initiative and you are responsible for compliance with applicable local laws.
- GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
You expressly agree to comply with all local rules relating to online conduct and acceptable content. You understand and agree that uploading, posting and transferring of software, technology and other technical data may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws, statutes and regulations, including but not limited to the Export Administration Regulations and the sanctions control program of the United States. You represent that you are not on the list of prohibited individuals identified on any government export exclusion report, nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations. You agree not to post, transfer nor upload any software, technology or other technical data which would violate U.S. or other applicable export or import laws.
The Service is not directed toward children under 18 years of age, and we do not knowingly collect information from children under 18 or allow them to create an account or access account features. If you are under 18, do not submit any personal information about yourself to Rogo.
- DISCLAIMER OF WARRANTIES
- YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ROGO EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
- ROGO MAKES NO REPRESENTATION OR WARRANTY AS TO (a) THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY MATERIALS, INFORMATION OR DATA AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SERVICE; OR (b) THE VALIDITY OR ENFORCEABILITY OF ANY RENTAL AGREEMENT.
- ROGO DOES NOT REPRESENT OR WARRANT THAT (a) YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (b) OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS; (d) DEFECTS IN THE OPERATION OF THE SERVICE WILL BE CORRECTED; OR (e) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE OR OTHER DEVICE OR ANY LOSS OF DATA RESULTING FROM DOWNLOADING OR OBTAINING SUCH MATERIAL.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
- LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ROGO AND OUR AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR:
- ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, USE, DATA OR GOODWILL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE, EVEN IF ROGO OR THE RELATED PARTIES HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES;
- THE DELIVERY OF OR FAILURE TO DELIVER ANY PRODUCTS; OR
- ANY USE OR OPERATION OF, FAILURE TO OPERATE, DAMAGE TO OR DESTRUCTION OR ANY PRODUCT; OR
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; OR
- THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY MATERIALS, INFORMATION OR DATA MAINTAINED BY OR THROUGH YOUR USE OF THE SERVICE.
- WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL ROGO’S OR THE RELATED PARTIES’ LIABILITY EXCEED ONE HUNDRED DOLLARS ($100).
- NEITHER LENDERS NOR RENTERS ARE “AFFILIATES” OR “BUSINESS PARTNERS” OF ROGO FOR ANY PURPOSE.
Some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages. In those states or jurisdictions, Rogo’s liability and the liability of the Related Parties is limited to the fullest extent permitted by law.
- USER CONTRIBUTIONS
Rogo provides an area for users to contribute feedback to us. When you submit ideas, documents, suggestions or proposals, you represent and agree that:
(a) your contributions do not contain any confidential or proprietary information;
(b) we have no obligation to ensure or maintain confidentiality with respect to your contributions;
(c) we are entitled to make use of and/or disclose your contributions in any manner; and
(d) we have no obligation to compensate you or reimburse you for your contributions.
You agree to indemnify and hold Rogo harmless from third-party claims or demands, including but not limited to claims for attorney fees, arising from your use of the Service, your violation of this Agreement, or your violation of any third-party’s rights.
- COMMERCIAL REUSE OF SERVICES
You agree not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial purpose any part of, use of, or access to our Site or App.
We reserve the right to modify, suspend or discontinue the Service, with or without notice, at any time. You understand and agree that we will not be held liable for any such modification, suspension or discontinuance.
All correspondence with, participation in promotions with, or other dealings with advertisers located on or through our Services, including but not limited to payment for and delivery of their goods and/or services, and any other terms, conditions, representations or warranties associated with such dealings, are and will be solely between you and the advertisers. You expressly agree that Rogo will not be liable for any loss or damage of any nature whatsoever, incurred as a result of your dealings with such advertisers or as a result of such advertisers’ presence on our Site.
- PROPRIETARY RIGHTS
You understand that our Services, and any essential software used in connection with our Services, contain proprietary and confidential material, and they are protected by applicable intellectual property rights and other laws. Except as expressly permitted by applicable law or as authorized by Rogo, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform or create any plagiaristic works which are based on our Site or App, in whole or in part. You agree not to modify the Site or App in any manner, nature or form, and further agree not to use any modified versions of the Site or App not authorized by us.
- GOVERNING LAW; JURISDICTION; VENUE
This Agreement is governed by Washington law, without regard to conflict of laws principles. You and Rogo agree that, except as otherwise provided below, the state and federal courts located in Clark County, Washington will have exclusive jurisdiction of all disputes arising out of or related to this Agreement or your use of the Site, the App or the Service, and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, Rogo will be allowed to apply for equitable remedies (including but not limited to injunctions) in any jurisdiction.
- BINDING ARBITRATION
- Writing. Certain portions of this Section 35 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Rogo intend and agree that this Section 35 satisfies the “writing” requirement of the Federal Arbitration Act.
- First Try to Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to the Site, the App, these Terms and Conditions, or any additional terms, whether heretofore or hereafter arising (collectively, a “Dispute”), or to any of our actual or alleged intellectual property rights (an “Excluded Dispute”), then you and we agree to send a written notice providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to the most recent contact information that you provide to us; if no such information has been provided or if such information is not current, then we owe you no obligation under this Section. Your notice to us must be sent to: email@example.com. For a period of sixty (60) days from the date of receipt of notice from the other party, you and we will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or us to resolve the Dispute or Excluded Dispute on terms upon which you or we are not comfortable.
- Forums for Alternative Dispute Resolution. If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 35 is enforceable, the following mandatory arbitration provisions apply to you:
- If we cannot resolve a Dispute within sixty (60) days of receipt of the notice, then either you or we may submit the Dispute to formal arbitration. If we cannot resolve an Excluded Dispute within sixty (60) days of our receipt of the notice, then either you or we may submit the Excluded Dispute to formal arbitration only if you and we consent, in a writing signed by you and an officer or legal representative of Rogo, to have that Excluded Dispute subject to arbitration. In such a case, that Excluded Dispute will be deemed a “Dispute” for the remainder of this Section 35.
- You can obtain JAMS procedures, rules, and fee information by calling (949) 224-1810 or visiting http://www.jamsadr.com.
- Nature, Limitations and Location of Arbitration. In arbitration, as with a court, the arbitrator must honor the terms of this Agreement (and any additional terms) and can award the prevailing party damages and other relief, including attorneys’ fees. However, with arbitration:
- there is no judge or jury;
- the arbitration proceedings and outcome are subject to certain confidentiality rules; and
- judicial review of the arbitration outcome is limited.
All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. If an in-person arbitration hearing is required, then it will be conducted in the City of Vancouver, County of Clark, Washington. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Rogo to pay a greater portion or all of such fees and costs in order for this Section 35 to be enforceable, then Rogo will have the right to elect to pay the fees and costs and proceed to arbitration, or to decline to do so and have the matter resolved through the courts. Discovery will be permitted pursuant to the applicable arbitration rules. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties pursuant to the Federal Arbitration Act.
- Severability. You and we agree that if any portion of this Section 35 is found illegal or unenforceable, that portion shall be severed, and the remainder of the section shall be given full force and effect.
- No Collaboration. You understand and agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Service.
- Assignment. Rogo may assign its rights under this Agreement to any person or entity without your consent. The rights granted to you under this Agreement may not be assigned without our prior written consent, and any attempted unauthorized assignment by you will be null and void.
- Severability. If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Agreement shall be given full force and effect.
- Attorneys’ Fees. In the event any litigation or arbitration is brought by either party in connection with this Agreement, except as otherwise provided in Section 35 above, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
- No Waiver. Our failure to enforce any provision of this Agreement will not constitute a present or future waiver of such provision, nor will it in any way affect our right to enforce the same provision at a later time. An express waiver by Rogo of any provision, condition or requirement of this Agreement will not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.
- Notices. All notices given by you or required under this Agreement shall be in writing and sent to firstname.lastname@example.org.
- Equitable Remedies. You acknowledge and agree that we would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
- ENTIRE AGREEMENT
This Agreement, including any documents referenced in it, constitutes the entire agreement between you and Rogo with respect to the Service. It supersedes any and all prior agreements between you and Rogo relating to the Service.