User Agreement
THE FOLLOWING DESCRIBES THE TERMS ON WHICH ROGOMO OFFERS YOU ACCESS TO THE ROGOMO WEB SITE AND OUR SERVICE. THIS USER AGREEMENT (THE “USER AGREEMENT”), TOGETHER WITH ANY AND ALL SUBSEQUENT AMENDMENTS, IS A CONTRACT BETWEEN YOU AND ROGOMO INC., A DELAWARE CORPORATION, AND CONSTITUTES A LEGALLY BINDING AGREEMENT, MADE FOR VALID CONSIDERATION, GOVERNING YOUR USE OF THE SERVICE AND ANY RELATED PRODUCTS AND SERVICES AVAILABLE THROUGH THE ROGOMO WEB SITE. BY USING, VIEWING OR BROWSING THE ROGOMO WEB SITE AND/OR THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY ALL OF ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE, VIEW OR BROWSE THE ROGOMO WEB SITE OR THE SERVICE.
Last Updated: May 23, 2008
1. Definitions
a. “Account Error” means any error or inaccurate information in your Rogomo Account, your Rogomo transaction history, or in connection with a Sale (including, but not limited to, an error with respect to Rogomo’s timer tool).
b. “Agreement” means this User Agreement, including any and all subsequent amendments hereto, as well as any other agreements or Policies expressly incorporated herein.
c. “Business Days” means Monday through Friday, excluding Holidays.
d. “Customer Service” is Rogomo’s customer support service which can be accessed via email at support@rogomo.com.
e. “Days” means calendar days.
f. “Expert” means a User who sells services and/or goods and uses the Service to (i) advertise such services and/or goods, (ii) track amounts due by other Users for such services and/or goods, and/or (iii) otherwise provide such services and/or goods to another User.
g. “Holidays” means New Year’s Day (January 1), Birthday of Martin Luther King, Jr. (the third Monday in January), Washington’s Birthday (the third Monday in February), Memorial Day (the last Monday in May), Independence Day (July 4), Labor Day (the first Monday in September), Columbus Day (the second Monday in October), Veterans Day (November 11), Thanksgiving Day (the fourth Thursday in November) and Christmas Day (December 25). If a Holiday falls on a Saturday, Rogomo shall observe the Holiday on the prior Friday. If the Holiday falls on a Sunday, Rogomo shall observe the Holiday on the following Monday.
h. “Improper Account Access” means any (i) unauthorized transaction involving your Rogomo Account; (ii) unauthorized access to your Rogomo Account; and/or (iii) any compromise of the password to your Rogomo Account.
i. “Information” means any confidential and/or personally identifiable information or other information related to a Rogomo Account or User, including but not limited to the following: name, email address, PayPal account information, billing/shipping address, and phone number.
j. “PayPal” means PayPal, Inc. and its subsidiaries and affiliates, including, without limitation, the online payment service offered on www.paypal.com.
k. “Policy,” or “Policies” means any policy, rules, terms, conditions or other agreement between you and Rogomo that you entered into on the Rogomo Web Site, in this Agreement, or in connection with your use of the Service.
l. “Restricted Activities” means those activities set forth in Section C of the User Conduct Policy.
m. “Rogomo,” “we” or “our” refers to Rogomo Inc.
n. “Rogomo Account” means a User’s online account with Rogomo granting such User access to the Service.
o. “Rogomo Commission” or “Commission” means the commission to which Rogomo is entitled for each Sale, as provided in Section 7 of this Agreement and the Commission Policy incorporated therein.
p. “Rogomo Web Site” means www.rogomo.com and any other Web site and/or Internet domain owned or controlled by Rogomo directing to www.rogomo.com, individually and/or separately, including, without limitation, any sub-domain, page, document, or other content located thereon.
q. “Sale” means any sale of services and/or goods by an Expert to a User via the Service.
r. “Sale Price” means the total fee incurred in a Sale between an Expert and another User, amounting to the sum of: (A) the greater of (i) the minimum fee agreed to by that User and the Expert, if any, or (ii) the product of (a) the fee-per-minute agreed to between that User and the Expert, if any, multiplied by (b) the length of the Sale in number of minutes, rounded down to the next full minute, as measured on Rogomo’s servers; plus (B) the additional “flat fee” amount that a User chooses to pay, if any, to the Expert during or at the end of a Sale as a tip, for goods, or otherwise.
s. “Service” means all services provided by Rogomo (and not provided by an Expert) through the Rogomo Web Site, including, without limitation, listings, forums, fee negotiation, time-tracking, payment-related services and related goods and services available.
t. “User,” “you” or “your” means any person or entity using the Service.
2. Eligibility
2.1 Eligibility. To be eligible to use the Service, you must be an individual of at least 18 years of age, must be able to form legally binding contracts, and must not be temporarily or indefinitely suspended from the Service and/or the Rogomo Web Site. Individuals under 18 years of age (each a “Minor”) may use the Service only if (A) the Rogomo Account being used by such Minor was established by that Minor’s parent or guardian, and such parent or guardian meets the foregoing criteria; (B) the Minor’s use of the Service is done with the full knowledge and approval of that Minor’s parent or guardian; and (C) the Minor’s use of the Service is supervised at all times by that Minor’s parent or guardian. If you do not qualify under this Section, you may not use or try to use the Service and/or the Rogomo Web Site.
2.2. Identity Authentication. If you create a Rogomo Account, you authorize Rogomo, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or to ensure that you do not already have an active account with Rogomo. This may include asking you for further Information, requiring you to take steps to confirm ownership of your email address or PayPal account, and verifying your Information against third party databases or through other sources. We may confirm this Information when you create your Rogomo Account, if you request any change to your Information, or at any other time as we deem advisable. See our Privacy Policy for additional details regarding our use of this Information. You agree that it is your responsibility to keep your Information current, complete and accurate by periodically updating your Information in the appropriate section of the Rogomo Web Site.
3. Our Relationship With You
3.1 Our Relationship. Rogomo’s Service permits Experts to list their services and/or goods for sale to other Users, facilitates communication between Experts and other Users, tracks the time and cost of transactions between Experts and Sellers, and transmits information regarding such transactions to PayPal in order to assist Users in paying Experts for such services and/or goods. Rogomo is neither an Expert or a User, neither purchases nor sells services and/or goods, and is not a party to any purchase or sale of services and/or goods via the Service. If you choose to interact with another User via the Service and/or the Rogomo Web Site, any services (including, without limitation, advice or information) and/or goods exchanged as a result of such interaction is strictly between you and that User, and you acknowledge that Rogomo is not involved in any way with the substance of the relationship or the services and/or goods exchanged. Nothing in this Agreement shall be construed as making you or Rogomo the partner, joint venturer, agent, legal representative, franchiser, franchisee, employer or employee of the other. Neither you nor Rogomo shall have, nor hold yourself out to any third party as having, any authority to make any statements, representations or commitments of any kind with respect to the other, or to take any action that shall be binding on the other, except as expressly provided for herein or authorized in writing by the party to be bound.
3.2 License. Subject to this Agreement, we hereby grant you a non-exclusive, non-transferable, revocable license (without the right to sublicense) to access, participate in and use the Service and the Rogomo Web Site for your personal use, provided that you do not copy, modify, create a derivative work of, reverse engineer or otherwise attempt to discover any source code thereof, or breach this Agreement in any manner. You agree that you obtain no rights other than the rights and licenses expressly granted in this Agreement.
3.3 Amendment and Policies. You agree to comply with this Agreement and all other Policies. The Policies, including any amendments thereto that may be made from time to time, are hereby incorporated by reference into this Agreement. We may modify this Agreement or any or all of the Policies at any time upon notice given in accordance with this Agreement. This Agreement and the Policies as so amended will be posted on the Rogomo Web Site, and your continued use of the Service thereafter will constitute your affirmative acceptance of any such amendment and your agreement to the terms thereof. The most current version of this Agreement can be viewed by clicking on the “User Agreement” link located at the bottom of the pages of the Rogomo Web Site. The most current version of this Agreement will supersede all previous versions.
3.4 Your Privacy. You agree to the terms and conditions of our Privacy Policy. Protecting your privacy is very important to Rogomo. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your Information. If you object to your information being used in the manner described in our Privacy Policy or in this Agreement, please do not use the Service.
3.5 Intellectual Property. Rogomo is the sole owner of, and shall retain ownership of, all of the intellectual property, and in particular the copyright, trademarks, database and patents, in the Rogomo Web Site and the Service (which does not include content posted by Users), and in any software, application, graphics, text and other materials used therein, including the organization and selection of the materials contained therein. The Rogomo Web Site and the Service contain copyrighted material, trade secrets and proprietary information owned by Rogomo. You may not copy, imitate or use Rogomo’s intellectual property without Rogomo’s prior written consent. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Rogomo. You may not copy, imitate or use them without our prior written consent. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Rogomo Web Site or the Service. You may use Expert promotional widgets and links provided by Rogomo through our Service or affiliate programs without prior written consent for the purpose of directing web traffic to the Service. You may not alter, modify or change these HTML logos or widgets in any way, use them in a manner that is disparaging to Rogomo, the Rogomo Web Site or the Service or display them in any manner that implies Rogomo’s sponsorship or endorsement.
Although Rogomo does not claim ownership of content that its Users post, by posting content to any public area of the Rogomo Web Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of such content on the Rogomo Web Site. By posting such content to any part of the Rogomo Web Site, you automatically grant, and you represent and warrant that you have the right to grant, to Rogomo an irrevocable, perpetual, non-exclusive, transferable, fully-paid and royalty-free, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such content for any purpose on or in connection with the Rogomo Web Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such content, and to grant and authorize sublicenses of the foregoing. You may remove your content from the Rogomo Web Site at any time. If you choose to remove your content, the license granted above will automatically expire, however you acknowledge that Rogomo may retain archived copies of your content.
3.6 Assignment. This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto, however you may not transfer or assign any rights or obligations you have under this Agreement, whether voluntarily or by operation of law, without Rogomo’s prior written consent. Any purported assignment by you without the appropriate prior written consent will be null and void and of no force or effect. Rogomo reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time without your consent.
3.7 Notices to You. You agree that Rogomo may provide notice to you by posting it on the Rogomo Web Site, emailing it to the email address listed in your Rogomo Account, or mailing it to the street address listed in your Rogomo Account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to the Rogomo Web Site or emailed to you unless we receive notice that the email was not delivered. If the notice is sent by mail, such notice shall be considered to be received by you three Business Days after it is sent. You may request a paper copy of any legally required disclosures through electronic communications by contacting Rogomo as described in Section 3.8 below. Rogomo may charge you a records request fee (per Section 7 below) to provide a paper copy. Rogomo reserves the right to close your Rogomo Account if you withdraw your consent to receive electronic communications.
3.8 Notices to Rogomo. Except as otherwise stated herein, notice to Rogomo must be sent by both (a) email to legal@rogomo.com and (b) postpaid registered or certified mail, return receipt requested, to: Rogomo Inc., Attention: Legal Department, 2139 N. Tazewell Ct., Arlington, VA 22207. The date of receipt shall be deemed the date on which such notice is given to Rogomo.
3.9 Security. You will maintain the confidentiality of any and all passwords by which you access the Service, and will allow access to the Service only by authorized persons, and not by any program, expert system, electronic agent, “bot” or other automated means. You will not use or permit any use of the Service that would damage, interfere with or unreasonably overload the Service. You acknowledge that Rogomo will not contact you to solicit your User ID or password.
3.10 Modifications and Termination of the Rogomo Web Site. Rogomo reserves the right to modify or discontinue, temporarily or permanently, the Service and/or the Rogomo Web Site, with or without notice to you. You agree that Rogomo shall not be liable to you or any third party for any modification or discontinuance of the Service and/or the Rogomo Web Site, or for any losses or damages that may result to you from such discontinuation or interruption of service. The Service and the Rogomo Web Site depend on various factors such as software, hardware and communication networks of Rogomo, its contractors and suppliers. Hence, Rogomo cannot guarantee that the Service or the Rogomo Web Site will be uninterrupted or that it will be timely, secure or error-free.
3.11 Rogomo’s Right of Termination. Rogomo, in its sole discretion, reserves the right to terminate this Agreement, access to the Rogomo Web Site, or access to the Service for any reason and at any time upon notice to you.
4. Purchasing Services and/or Goods
4.1 Fees For Purchasing Services and/or Goods. Rogomo provides a venue where a User can locate an Expert and ask for services and/or goods from that Expert. Rogomo enables a User to negotiate a per-minute fee and/or a minimum fee with an Expert and then track the total cost of services and/or goods received from that Expert based on the negotiated fee(s). The total charge, i.e., the Sale Price, incurred by a User purchasing services and/or goods from an Expert is calculated as set forth in Section 1(y) of this Agreement. At the end of a Sale, Rogomo transmits the Sale Price, along with the identity of the buying User and the selling Expert, to PayPal in order for the buying User to make direct payment of the Sale Price to the Expert. ROGOMO’S SYSTEM IS NOT FAULT-FREE OR FLEXIBLE; THEREFORE, ROGOMO SHALL NOT BE LIABLE FOR ANY PROBLEMS, MISCALCULATIONS OR MALFUNCTIONS IN PROCESSING THE SALE PRICE OWED BY THE USER OR IN TRANSMITTING SUCH SALE PRICE OR RELATED INFORMATION TO PAYPAL. If you think that an error has occurred, please refer to Section 10 below.
4.2 Your Duty of Verification. You have the sole responsibility to verify an Expert’s identity, qualifications, biographical information, licenses held and other information delivered to you by or with respect to an Expert, including, without limitation, checking any certification and/or licensing of an Expert with the applicable State licensing Board or other relevant authorities.
4.3 Payment Through PayPal Required. When you purchase services and/or goods via the Service, you are required to pay the amount that you owe (i.e., the Sale Price) to the Expert via PayPal.
4.4 Immediate Payment Required. When you purchase services and/or goods via the Service, you are required to make payment of the Sale Price immediately after the conclusion of each Sale, unless (a) there is an error with the Service and/or PayPal such that you are unable to make immediate payment of the applicable Sale Price, and/or (b) you file a complaint with Rogomo concerning the Sale pursuant to the terms of Section 4.6 below. If you fail to make immediate payment of the Sale Price, and if neither of the foregoing exceptions applies, Rogomo reserves the right to suspend your Rogomo Account until such time as you make full payment of the Sale Price to the Expert. In addition, as provided in Section 9.4 below and Section C of our User Conduct Policy, any failure to make such immediate payment is a violation of the User Conduct Policy, and is subject to a fine of $1,000.00 and any other available legal recourse by Rogomo.
4.5 Payment Error With the Service and/or PayPal. In circumstances where there is an error with the Service and/or PayPal such that you are unable to make immediate payment of the applicable Sale Price after the conclusion of a Sale, you are required to notify Rogomo of such error immediately by sending an email to support@rogomo.com with the Subject “Payment Problem”. Your email must include your User ID, the User ID of the Expert to whom you owe the Sale Price, the date and approximate time that the Sale took place, and a detailed description of the error which has made it impossible for you to pay the Sale Price. In such circumstances, you agree to take any and all reasonable steps as requested by Rogomo to resolve the error in order to make payment to the Expert of the Sale Price via PayPal as soon as possible.
Once Rogomo determines that the complained-of error has been resolved, or that there is no such error, you will be required to make payment to the Expert of the Sale Price immediately. If you thereafter fail to make immediate payment of the Sale Price to the Expert, Rogomo reserves the right to suspend your Rogomo Account until such time as you make full payment of the Sale Price to the Expert.
4.6 Filing a Complaint About a Sale. If you believe that (a) there has been an error with Rogomo’s timer such that the total fee charged to you is incorrect and/or (b) the services provided by an Expert in a Sale were substantially not as promised by the Expert, you may file a complaint. Specifically, instead of clicking the “Complete Transaction” button at the end of the Sale, you must click the “File a Complaint” button. You must then provide Rogomo with all requested information about your complaint, including a detailed description of your complaint and an explanation as to why the services that you received were substantially not as promised by the Expert.
Filing a complaint will temporarily suspend your obligation to pay the Sale Price, pending resolution of your complaint. If your complaint is granted, the Sale at issue will be treated as null and void and you will not be required to pay the Sale Price to the Expert. If your complaint is denied, the Sale at issue will be treated as valid and you will be required to make immediate payment of the Sale Price to the Expert. If your complaint is denied and you thereafter fail to make immediate payment of the Sale Price, Rogomo reserves the right to suspend your Rogomo Account until such time as you make full payment of the Sale Price to the Expert.
Rogomo will use its best efforts to review your complaint in a reasonably timely fashion. You agree that:
(a) The determination whether to grant or deny a complaint is wholly within Rogomo’s discretion, and cannot be challenged in any further administrative, legal or other proceeding.
(b) A complaint is valid and may be granted only in circumstances where the services provided by an Expert are substantially not as promised by the Expert. To the extent that your complaint does not fit this criteria (as determined solely within Rogomo’s discretion), it will be denied.
(c) Your failure to provide all requested information to Rogomo, including a detailed explanation as to why the services you received were not substantially as promised by the Expert, will result in the automatic denial of your complaint.
(d) Rogomo may make any and all reasonable inquiries with you, the Expert, or otherwise, in order to review your complaint. Your failure to respond to or otherwise cooperate with Rogomo in its investigation of your complaint will result in the automatic denial of your complaint.
5. Selling Services and/or Goods
5.1 Selling as an Expert. Rogomo provides a venue where a User can register as an Expert and, among other things, list his/her expertise, qualifications and/or type of services and/or goods offered for sale to other Users. Once a buying User locates the Expert and asks for services and/or goods from the Expert, Rogomo enables the Expert to negotiate a per-minute fee and/or a minimum fee with the buying User and then track the total cost of services and/or goods sold by the Expert based on the negotiated fee(s). The total charge, i.e., the Sale Price, incurred by the buying User is calculated as set forth in Section 1(y) of this Agreement. At the end of a Sale, Rogomo transmits the Sale Price, along with the identity of the buying User and the selling Expert, to PayPal in order for the buying User to make direct payment of the Sale Price to the Expert. ROGOMO’S SYSTEM IS NOT FAULT-FREE OR FLEXIBLE; THEREFORE, ROGOMO SHALL NOT BE LIABLE FOR ANY PROBLEMS, MISCALCULATIONS OR MALFUNCTIONS IN PROCESSING THE SALE PRICE OWED BY THE USER OR IN TRANSMITTING SUCH SALE PRICE OR RELATED INFORMATION TO PAYPAL. If you think that an error has occurred, please refer to Section 10 below.
As provided in Section 7 below, as well as the Commission Policy, an Expert will owe Rogomo a commission based on each Sale. Such commission(s) will be invoiced to an Expert on a monthly basis for payment by the Expert to Rogomo via PayPal.
5.2 Your Duty of Verification. As an Expert, you have the sole responsibility to verify a buying User’s eligibility to use the Service. Specifically, if you have any reason to suspect that a User to whom you are selling services and/or goods is under 18 years of age or otherwise unable to form a legally binding contract (i.e., lack of mental capacity to form a legally binding contract), you must (i) immediately terminate your Sale, and (ii) report the incident to Rogomo by email to support@rogomo.com with the Subject “Suspected Ineligible Buyer” and a full explanation as to why you believe such User is not eligible to use the Service (including the User ID of the User in question).
5.3 All Payments Via PayPal. When you sell services and/or goods via the Service, you are required to receive the amount that you are owed (i.e., the Sale Price) via PayPal. Specifically, in order to establish an account as an Expert to sell services and/or goods via the Service, you must have a PayPal account. Information about creating a PayPal account can be found here.
5.4 Rogomo Does Not Receive, Hold, Transmit or Otherwise Control Monies Paid by Users. You acknowledge that Rogomo (i) is not a bank, (ii) is not acting as a trustee, fiduciary or escrow with respect to your funds, and (iii) at no time receives, holds, otherwise controls or transmits monies paid to you by other Users via the Service. All monies paid to you by a User are paid via PayPal to your PayPal account.
5.5 Rogomo Not Responsible for Payment of Sale Price. You acknowledge that (i) Rogomo does not and cannot guarantee that a User will pay the Sale Price in connection with any Sale, (ii) Rogomo is not responsible for payment to you of the Sale Price in connection with any Sale, (iii) Rogomo is not required to resolve (or attempt to resolve) any payment disputes between you and another User, and (iv) Rogomo is not responsible for any errors or other mistakes by PayPal in connection with payment of the Sale Price or otherwise.
5.6 Complaints About a Sale. By creating a Rogomo Account that allows you to sell services and/or goods as an Expert, you expressly consent to the terms and provisions of Section 4.6 above, including, without limitation, that (i) a User that purchases services and/or goods from you in a Sale via the Service has a right to file a complaint with respect to such Sale; (ii) the filing of such a complaint will temporarily suspend that User’s obligation to pay you the Sale Price for such Sale; (iii) the determination whether to grant or deny a complaint is wholly within Rogomo’s discretion, and cannot be challenged in any further administrative, legal or other proceeding; (iv) to the extent that Rogomo denies a User’s complaint, the User will be required to make immediate payment to you of the Sale Price; and (v) to the extent that Rogomo grants a User’s complaint, the Sale at issue will be treated as null and void, the User will not be required to pay the Sale Price, and you will have no right to collect the Sale Price for the Sale from the User, Rogomo or anyone else.
5.7 Taxes. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Rogomo is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
6. Closing Your Rogomo Account
6.1 How to Close Your Rogomo Account. You may close your Rogomo Account at any time by emailing Rogomo’s Customer Service department at support@rogomo.com with the Subject line: Account Cancellation. The body of your email should include your name and all User names and passwords associated with the Rogomo Account you want to close. You will remain liable for all obligations related to your Rogomo Account even after it is closed, including, without limitation, any Commissions that you owe to Rogomo.
7. Rogomo Commissions
You agree to the terms and conditions of our Commission Policy.
8. Your Conduct
You agree to the terms and conditions of our User Conduct Policy.
9. Your Liability – Actions We May Take
9.1 Your Liability. You are responsible for all fees, fines, penalties and other liability incurred by Rogomo, a Rogomo User, or a third party caused by or arising out of your breach of this Agreement, your use of the Service, and/or the use of the Service by any individual that you authorize (expressly or otherwise) to use your Rogomo Account. You agree to reimburse Rogomo, a User, and/or a third party for any and all such liability.
9.2 Actions by Rogomo. If we reasonably believe that you have breached this Agreement in any manner, including, without limitation, if you engage in any Restricted Activities, we may, in our sole discretion, at any time and without prior notice take action against you. The actions we may take include, but are not limited to, the following:
(a) We may close, suspend, or limit your access to your Rogomo Account and/or the Service (including, without limitation, yourability to purchase and/or sell services and/or goods via the Service, and/or your ability to remove or change Information);
(b) We may contact Users who have purchased services or goods from you or sold services or goods to you, contact PayPal, and warn other Users, law enforcement, or impacted third parties of your actions;
(c) We may update any inaccurate Information associated with your Rogomo Account;
(d) We may refuse to provide our Service to you in the future; and
(e) We may take legal action against you.
9.3 Notice of Action By Rogomo. If we close your Rogomo Account or terminate your use of the Service for any reason, we will provide you with notice of our actions.
9.4 User Conduct Policy Violation - User Fines. If you violate Section C of the User Conduct Policy (related to unlawful and obscene material, narcotics, gambling and failure to pay amounts owed to Experts), then we may fine you $1,000.00 USD for each such violation and may take legal action against you to recover additional losses we incur. You acknowledge and agree that $1,000.00 USD is presently a reasonable minimum estimate of Rogomo’s damages, considering all currently existing circumstances, including the relationship of the sum to the range of harm to Rogomo that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult. Rogomo will invoice any such fines to you for payment by you via PayPal. If payment in connection with such invoice is not received by Rogomo within five (5) business days from the date that you are sent such invoice, Rogomo may suspend your account and take any and/or all available legal recourse.
9.5 Attorneys’ Fees for User Conduct Policy Litigation/Arbitration. If either you or Rogomo commence litigation or arbitration in connection with a fine or other action taken related to Section C of the User Conduct Policy, the prevailing party will be entitled to recover reasonable attorneys’ fees and costs in addition to any other relief to which it may be entitled.
10. Errors and Improper Account Access
10.1 Your Obligation to Identify Errors and/or Improper Account Access. You can inspect your transaction history at any time by logging in to your Rogomo Account on the Rogomo Web Site, clicking the “My Account” button at the top of the page, and then clicking the “Transactions” tab. This is the only statement that we will provide you with respect to your Rogomo Account, including, without limitation, any transactions you may have engaged in via the Service.
You acknowledge and accept that you are solely responsible for checking your Rogomo Account and transaction history regularly to verify that they are accurate, that there are no Account Errors, and to verify that there has been no Improper Account Access.
10.2 Your Obligation to Notify Rogomo of Account Errors or Improper Account Access. If you have reason to believe that there are any Account Errors or that there has been an Improper Account Access in your Rogomo Account, you must notify us within 30 days of such Account Error or Improper Account Access appearing on, or becoming apparent from, your transaction history. To notify us if you believe there has been an Account Error or Improper Account Access in your Rogomo Account, send us an email at support@rogomo.com with a Subject line of either “Account Error Resolution” or “Improper Account Access”, depending on your specific circumstances.
You release us from all liability and claims of loss resulting from any Account Error or Improper Account Access that you do not report to us within 30 days after the Account Error or Improper Account Access first appears on your transaction history.
10.3 Your Duty to Change Your Password. If you believe that there has been Improper Account Access in your Rogomo Account, you must immediately change your password. You agree that, unless you have first notified us immediately of any Improper Account Access, we should assume that any instruction transmitted via your Rogomo Account, or otherwise using your email address and password, is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction.
10.4 Review of Reports of Account Errors and/or Improper Account Access. If we determine in our sole discretion that an investigation is warranted with respect to your report of an Account Error or Improper Account Access, we will advise you of the results of our investigation within 10 Business Days after we receive your notice. If we need more time, however, we may take up to 45 Days from our receipt of your report to conduct an investigation.
10.5 Resolution of Reports of Account Errors and/or Improper Account Access. If we determine that we have caused an Account Error, we will use our best efforts to correct such Account Error promptly. If we determine that an Improper Account Access has occurred in your Rogomo Account, and that such Improper Account Access was the fault of Rogomo, we will use our best efforts to the situation promptly, including, without limitation, reimbursing you for any expenses that might have been improperly incurred in your Rogomo Account as a result of such Improper Account Access.
If we determine that an Improper Account Access occurred in your account which was in no manner the fault of Rogomo, you agree that you are responsible for such Improper Account Access and any transactions, expenses incurred, or other ramifications of such Improper Account Access. However, so long as Rogomo determines in its sole discretion that you are not responsible for the Improper Account Access, Rogomo will, in its discretion, work with you to reverse any improper charges you may have incurred, including, without limitation, working with PayPal to obtain a reversal of your affected payment(s) on your behalf. Despite the foregoing, you agree that Rogomo has no obligation to you with respect to any Improper Account Access that was not the fault of Rogomo.
If we determine that there was no Account Error, or that there was no Improper Account Access, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
11. Miscellaneous
11.1 Release of Rogomo. If you have a dispute with one or more Users, including, without limitation, an Expert, you understand and agree that Rogomo is under no obligation to become involved. In the event that you have a dispute with one or more Users, you hereby release Rogomo (and our officers, directors, agents, joint ventures and employees, if any) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know of 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.”
Additionally, you recognize and understand the risks involved in permitting anyone other than you, including, without limitation, a Minor, to use your Rogomo Account and/or the Service. Except as expressly provided in Section 10.5, you release Rogomo from any liability that may arise in connection with the use of your Rogomo Account by anyone other than you, regardless of whether such person is authorized or eligible to use the Services.
11.2 No Warranty. ROGOMO, OUR EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ROGOMO, OUR EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY AND ACCURACY.
ROGOMO EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY USERS, INCLUDING, WITHOUT LIMITATION, EXPERTS. ROGOMO WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES OR GOODS PAID FOR THROUGH THE ROGOMO WEB SITE OR THE SERVICE.
ROGOMO DOES NOT HAVE ANY CONTROL OVER OR LIABILITY WITH REGARD TO THE SERVICES OR GOODS THAT ARE PAID FOR WITH OUR SERVICE. ROGOMO DOES NOT INVESTIGATE NOR DOES IT ENDORSE THE QUALIFICATIONS OF ANY EXPERT. ROGOMO DOES NOT CONTROL USER RATINGS GIVEN TO A USER BY ANOTHER USER ON THE SERVICE, AND ROGOMO MAKES NO WARRANTY WITH RESPECT TO THE QUALITY OR ACCURACY OF USER RATINGS GIVEN TO A USER BY ANOTHER USER. ROGOMO CANNOT ENSURE THAT A USER YOU ARE DEALING WITH WILL ACTUALLY COMPLETE THE TRANSACTION. ROGOMO MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER AS TO THE WILLINGNESS OR ABILITY OF ANY EXPERT TO PROVIDE SERVICES OR GOODS, OR THAT THE USER SHALL FIND THE SERVICES OR GOODS PROVIDED BY AN EXPERT SATISFACTORY, OR THAT IT WILL PROVIDE AN ADEQUATE SOLUTION TO THE USER’S QUESTION, OR OTHERWISE BE SUITABLE TO THE USER’S NEEDS.
ROGOMO DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SERVICE OR THE ROGOMO WEB SITE, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. ROGOMO WILL MAKE REASONABLE EFFORTS TO ENSURE THAT THE SALE PRICE AND OTHER NECESSARY INFORMATION CONCERNING A SALE ARE TRANSMITTED TO PAYPAL IN A TIMELY MANNER BUT ROGOMO MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE AMOUNT OF TIME NEEDED TO TRANSMIT SUCH INFORMATION BECAUSE OUR SERVICE IS DEPENDENT UPON MANY FACTORS OUTSIDE OF OUR CONTROL.
THE ROGOMO WEB SITE AND THE SERVICE MAY CONTAIN CONTENT, INCLUDING FINANCIAL INFORMATION, PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED FOR TRADE OR INVESTMENT PURPOSES. FURTHERMORE, ROGOMO OPERATES BULLETIN BOARDS AND USER-SPECIFIC PAGES PURSUANT TO WHICH USERS, INCLUDING, WITHOUT LIMITATION, EXPERTS MAY PROVIDE ADVICE OR OTHER INFORMATION REGARDING VARIOUS TOPICS. ROGOMO DOES NOT WARRANT THE VALIDITY, ACCURACY OR AVAILABILITY OF THE CONTENT OR ADVICE AND IT WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED DUE TO RELIANCE ON SUCH INFORMATION OR ADVICE. THE CONTENT OF THE SERVICE AND THE ROGOMO WEB SITE IS PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR FACE-TO-FACE PROFESSIONAL ADVICE.
IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN OUR LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
11.3 Limitation of Liability. UNDER NO CIRCUMSTANCES WILL ROGOMO, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS AND SUB-CONTRACTORS BE LIABLE TO ANY USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE ROGOMO WEB SITE, THE SERVICES, OR ANY PROVISION OF THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.
11.4 Indemnification. You agree to defend, indemnify and hold Rogomo, its officers, directors, employees, representatives, agents and affiliates harmless against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys’ fees) arising out of or in connection with any claim, suit, action or other proceeding brought against Rogomo or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) any breach by you of any portion of this Agreement; (b) your use of the Service and/or the Rogomo Web Site; (c) your refusal to pay a Sale Price that you owe to an Expert; or (d) any materials that you have posted to the Rogomo Web Site or transmitted through it, and/or any content on your web site or otherwise provided by you.
11.5 Contact Rogomo First. If a dispute arises between you and Rogomo, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and Rogomo regarding the Service may be reported to Customer Service by sending an email to support@rogomo.com.
11.6 Alternative Dispute Resolution. If you are unable to resolve your issue by working directly with us, Rogomo will consider reasonable requests to resolve disputes through alternative dispute resolution procedures, such as mediation or binding arbitration as alternatives to litigation. Accordingly, you and Rogomo agree to resolve any claim in accordance with this Agreement, or as otherwise agreed to in writing.
11.7 Claim Must Be Filed Within One Year. Any claim related to this Agreement or the Service may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns.
11.8 Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
11.9 Law and Forum for Disputes. Except as otherwise agreed by the parties or as described in section 11.9 above, you agree that any claim or dispute you may have against Rogomo must be resolved by a court located in Arlington County, Virginia. You agree to submit to the personal jurisdiction of the courts located within Arlington County, Virginia for the purpose of litigating all such claims or disputes. This Agreement shall be governed in all respects by the laws of the Commonwealth of Virginia, without regard to conflict of law provisions.
11.10 Improperly Filed Litigation. All claims you bring against Rogomo must be resolved in accordance with Section 11 of this Agreement. All claims filed or brought contrary to Section 11 shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to Section 11, Rogomo may recover attorneys’ fees and costs (including in-house attorneys and paralegals) up to $1,000.00 USD, provided that Rogomo has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
11.11 No Waiver. Our failure to act with respect to a breach of this Agreement and/or one or more Policies by you or others does not waive our right to act with respect to subsequent or similar breaches.
11.12 Interactions with Mental Health Professionals and Other Experts. If you choose to interact with a mental health professional (the term “mental health professional” includes, but it not limited to, psychiatrists, psychologists, therapists, counselors and social workers) via the Service or the Rogomo Web Site, you acknowledge that neither the mental health professionals on the Service nor other Experts are employees or agents of Rogomo and Rogomo assumes no responsibility for any act or omission of any mental health professional or other Expert. You understand and agree that, although a mental health professional or other Expert may have been accessed through the Service or the Rogomo Web Site, Rogomo cannot predict or assess the competence of, or appropriateness for your needs, of the mental health professional or other Expert. You also understand that you take full responsibility for the decision to access a mental health professional or other Expert through the Service or the Rogomo Web Site and continue to interact with the mental health professional or other Expert, and that the role of Rogomo is strictly limited to providing access to mental health professionals or other Experts and their services for your consideration.
IF YOU ARE THINKING ABOUT SUICIDE OR FEEL THAT YOU BE A DANGER TO YOURSELF OR OTHERS, PLEASE IMMEDIATELY CALL 911 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR AREA) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES.
11.13 Third Party Web sites. The Rogomo Web Site may offer links to third party Web sites that are not under the control of Rogomo. We do not endorse any of these Web sites or the products and services they may offer. Your use of those Web sites shall be at your own risk and subject to their terms and conditions.
11.14 Complete Agreement. This Agreement sets forth the entire understanding between you and Rogomo with respect to the Service and the Rogomo Web Site, and you have not relied upon any promises or representations by Rogomo with respect to the subject matter except as set forth herein.
11.15 Amendment. Except as expressly provided in Section 3.3 above, no amendment to this Agreement will be effective unless made in, and agreed to, in writing by you and Rogomo.
11.16 Survival. Sections 1, 3, 6, 7, 8, 9, and 11, as well as any other terms which by their nature should survive, will survive the termination of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
11.17 Headings. Headings in this Agreement are for convenience only and shall not be used to interpret or construe these provisions.
