ROAMLI, LLC Privacy Policy
Effective as of November 23, 2023
This privacy policy (the “Privacy Policy”) applies to Roamli, LLC’s (“Roamli,” “we,” “us,” or “our”) collection, storage, use, and disclosure of personal information that may be collected by us when you interact with Roamli, such as when you visit our or use our mobile application (“App”) and our website, located at www.roamli.com (“Site”) and our user portal, located at portal.roamli.com (“User Portal”). We have created this Privacy Policy to tell you what information our App, Site and User Portal collect, how we use that information, and who we will share that information with, if at all. This Privacy Policy does not address the privacy practices of any third parties that we do not own, control, or are affiliated with. Capitalized terms not defined in this Privacy Policy will have the meaning set forth in our Terms of Use. By visiting and/or using our App or Site, you are agreeing to the terms of this Privacy Policy and the accompanying Terms of Use. We encourage you to read the Privacy Policy, and to use the information it contains to help you make informed decisions.
Information We Collect or Receive. In the course of operating the App and/or Site, we will collect and/or receive the following types of information. You authorize us to collect and/or receive such information.
Personal Information. We only receive or collect information that identifies you personally if you choose to provide such personally identifiable information to us via email or other means. When you sign up to become a user or contact us, you will be required to provide us with personal information about yourself (collectively, the “Personal Information”). Such Personal Information may include your name, date of birth, e-mail address, physical address, home city, photo, and phone number. We do not collect any Personal Information from you when you use the App and/or Site unless you provide us with the Personal Information voluntarily.
Third-party Log In. If you sign in through Google, you are authorizing us to collect, store, and use, in accordance with this Privacy Policy, any and all information that you agreed that Google would provide to us through Roamli’s Application Programming Interface (“API”). Such information may include, without limitation, your first and last name, Google username, Google profile picture, headline, unique identifier and access token, and e-mail address. If you register or visit the App through Facebook Connect or another social media website, you are authorizing us to collect, store, and use, in accordance with this Privacy Policy, any and all information that you agreed that the social media website would provide to us through its API. We do not receive or store your passwords for your social media accounts. If you interact with social media widgets, share content using social media share buttons, or access features of the App and/or Site that contains content or features provided by social media platforms, the relevant social media platforms may collect information. We encourage you to review the privacy policies of the social media platforms that you engage with as we are not responsible for their privacy practices.
Payment Information. If you choose to make a purchase or subscribe to a feature or service of ours that requires a fee, you will be required to provide us with your payment information, including, without limitation, bank account numbers, credit card or debit card numbers, account details, ACH information, and similar data (collectively, “Payment Information”). Such Payment Information will be collected and processed by our third-party payment vendors pursuant to the terms and conditions of their privacy policies and terms of use, and we do not obtain access to any Payment Information in connection with such purchases or subscriptions.
Geolocational Information. Certain features and functionalities of the App and/or Site are based on your location. In order to provide these features and functionalities while you are using your mobile device and/or computer, we may, with your consent, automatically collect geolocational information from your mobile device or wireless carrier and/or certain third-party service providers (collectively, “Geolocational Information”). Collection of such Geolocational Information occurs only when the App and/or Site is running on your device in the foreground or background. You may decline to allow us to collect such Geolocational Information, in which case we will not be able to provide certain features or functionalities to you.
Third-Party Analytics. We and the third-party technology providers, ad exchanges, ad networks, advertisers, agencies, ad exchanges, and ad servers with which we work use third-party analytics services (e.g., Google Analytics) to evaluate your use of the App or the Site, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the App or the Site and mobile and Internet usage. These third parties use cookies and other technologies to help analyze and provide us the data. You consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy. For more information on these third parties, including how to opt out from certain data collection, please visit www.roamli.com/data. Please be advised that if you opt out of any such service, you may not be able to use the full functionality of the App or the Site.
Other Information. In addition to the Personal Information, Payment Information, and Geolocational Information, we may automatically collect or receive additional information regarding you and your use of the App or the Site; your interactions with us and our advertising; and information regarding your computer and mobile devices used to access the App or the Site (collectively, the “Other Information”). Such Other Information may include:
From You. Additional information about yourself that you voluntarily provide to us, such as your gender, age, and your product and service preferences.
From Your Activity. We may collect or receive information regarding:
IP address, which may consist of a static or dynamic IP address and will sometimes point to a specific identifiable computer or mobile device;
browser type and language;
referring and exit pages and URLs;
date and time; and
details regarding your activity on the App or the Site, such as search queries and other performance and usage data.
About Your Mobile Device. We may collect or receive information regarding:
type of mobile device;
advertising Identifier (“IDFA” or “AdID”);
operating system and version (e.g., iOS, Android or Windows);
carrier; and
network type (WiFi, 3G, 4G, LTE).
From Cookies. We may use both session cookies, which expire once you close the App or the Site, and persistent cookies, which stay on your mobile device or computer until you delete them and other technologies to help us collect data and to enhance your experience with the App and the Site. Cookies are small text files an app or website can use to recognize a repeat visitor to the app or website. We may use cookies for various purposes, including to:
type of mobile device;
personalize your experience;
analyze which portions of the App or the Site are visited and used most frequently; and
measure and optimize advertising and promotional effectiveness.
If you do not want us to deploy cookies in the App or the Site, you can opt out by setting your mobile device or computer to reject cookies. You can still use the App and the Site if you choose to disable cookies, although your ability to use some of the features may be affected.
Information Collected by or Through Third-Party Advertising Companies. We may share Other Information about your activity on the App or the Site with third parties for ad distribution and ad optimization (defined as the tailoring, targeting (i.e., behavioral, contextual, retargeting, analyzing, managing, reporting, and optimizing of ads)). These third parties may use cookies, pixel tags (also called web beacons or clear gifs), and/or other technologies to collect Other Information for such purposes. Pixel tags enable us and these third-party advertising companies to recognize a browser’s cookie when a browser visits the site on which the pixel tag is located in order to learn which advertisement brings a user to a given site. In addition, we may receive Other Information from advertisers and/or their service providers such as advertising identifiers, IP addresses, and post-conversion data.
How to Opt Out of Third-Party Interest-Based Advertising. If you wish to opt out of third-party interest-based advertising, please visit http://www.networkadvertising.org for details on how to do so. Additionally, users of mobile devices can follow the below instructions:
Android Users
For Android devices with OS 2.2 and up and Google Play Services version 4.0 and up: Open your Google Settings app > Ads > Enable “Opt out of interest-based advertising.”
iOS Users
iOS 7 or Higher: Go to your Settings > Select Privacy > Select Advertising > Enable the “Limit Ad Tracking” setting.
iOS 6: Go to your Settings > Select General > Select About > Select Advertising > Enable the “Limit Ads Tracking” setting.
How Information is Used and Shared.
You authorize us to use the Personal Information, Payment Information, Geolocational Information, and the Other Information (collectively, the “Information”) to:
provide and improve our App and Site;
provide our services;
administer our promotional programs;
solicit your feedback; and
inform you about our products and services.
In order to provide our services and administer our promotional programs, we may share the Information with our third-party promotional and marketing partners, including, without limitation, businesses participating in our various programs.
We engage third-party companies and individuals to perform functions on our behalf. Examples may include providing technical assistance, customer service, marketing assistance, and administration of promotional programs. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law.
In an ongoing effort to better understand our users, the App, the Site, and our products and services, we may analyze certain Information in anonymized and aggregate form to operate, maintain, manage, and improve the App, the Site, and/or such products and services. This aggregate information does not identify you personally. We may share and/or license this aggregate data to our affiliates, agents, business and promotional partners, and other third parties. We may also disclose aggregated user statistics to describe the App, the Site, and these products and services to current and prospective business partners and investors and to other third parties for other lawful purposes.
We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us.
As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.
To the extent permitted by law, we may also disclose the Information:
when required by law, court order, or other government or law enforcement authority or regulatory agency; or
whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of us or others, including you.
Accessing and Modifying Information and Communication Preferences. If you have provided us any Personal Information, you may access, remove, review, and/or make changes to the same by contacting us as set forth below. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any of our marketing e-mails. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases. You cannot opt out of receiving transactional e-mails related to the App or the Site (e.g., requests for support).
We may also deliver notifications to your mobile device or computer (e.g., push notifications). You can disable these notifications by deleting the relevant service or by changing the settings on your mobile device or computer.
How We Protect Your Information. We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases or the databases of the third parties with which we may share such Information, nor can we guarantee that the Information you supply will not be intercepted while being transmitted over the Internet. In particular, e-mail sent to us may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.
Important Notices to Non-U.S. Residents. The App, the Site, and its servers are operated in the United States. If you are located outside of the United States, please be aware that your Information, including your Personal Information, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use the App or the Site, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States and elsewhere.
App Stores; External Websites. Your app store (e.g., iTunes or Google Play) may collect certain information in connection with your use of the App, such as Personal Information, Payment Information, Geolocational Information, and other usage-based data. We have no control over the collection of such information by a third-party app store, and any such collection or use will be subject to that third party’s applicable privacy policies.
The App or the Site may contain links to third-party websites. We have no control over the privacy practices or the content of these websites. As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the applicable third-party privacy policy and terms of use when visiting any other websites.
Children. The App and the Site are not directed to children under the age of 13. We adhere to the Children’s Online Privacy Protection Act (COPPA) and will not knowingly collect Personal Information from any child under the age of 13. We ask that minors (under the age of 13) not use the App or the Site. If a child under the age of 13 has provided us with Personal Information, a parent or guardian of that child may contact us and request that such information be deleted from our records.
California Privacy Rights: Under the California Consumer Privacy Act, California residents who have an established business relationship with us may choose to opt out of our sharing their contact information with third parties for direct marketing purposes. If you are a California resident and you wish to opt out, please send an e-mail to privacy-support@roamli.com. California residents who are our users in California now have the right to see a report summarizing all of their personal data that we have collected and to request the removal of their data from our computer systems.
Nevada. You have the right to opt-out of the sale of your personal information. Roamli does not sell your personal information. Access requests may be made directly to privacy-support@roamli.com.
Changes to This Privacy Policy. This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time. Any such changes will be posted on the App and/or the Site. By accessing the App or the Site after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Privacy Policy in effect at the time we collect the Information. Please refer back to this Privacy Policy on a regular basis.
How to Contact Us. If you have questions about this Privacy Policy, please e-mail us at support@roamli.com with “Privacy Policy” in the subject line.
ROAMLI TERMS OF USE
TERMS OF USE
Welcome to the Roamli Site (defined below). By using it, you are agreeing to these Terms of Use (defined below). Please read them carefully.
These Terms of Use were last updated on 6/23/2020.
ACCEPTANCE OF TERMS OF USE
This Terms of Use Agreement (“Agreement”) is made by and between Roamli, LLC (hereinafter “Roamli” “we” or “us” or “our”), a Delaware Limited Liability Company, and you, the user (“you”, “your” or “User”). Roamli owns and operates the website, www.roamli.com, the mobile and touch versions and any sites we have now or in the future that reference these Terms of Use (collectively, “Site”).
This Agreement contains the complete terms and conditions that govern the use of the Site. Please read this agreement carefully before accessing or using the Site.
In addition, certain areas of the Site may be subject to additional terms of use that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional terms of use applicable to such areas. In the event that any of the additional terms of use governing such area conflict with these Terms of Use, the additional terms will control.
The most current version of this agreement can be reviewed by going to https://www.roamli.com/privacy. You are hereby put on notice that you are obligated to periodically review this document to make yourself aware of any changes hereto and any continued use of the Site shall constitute your acceptance thereof.
The Privacy Policy, together with these Terms of Use, and any other terms contained herein or incorporated herein by referenced, are collectively rereferred to as the “Terms of Use.” The term “using” also includes any person or entity that accesses or uses the Site with crawlers, robots, data mining, or extraction tools or any other functionality.
PLEASE REVIEW THE FOLLOWING SECTIONS OF THESE TERMS OF USE CAREFULLY: (A) DISCLAIMER & LIMITATION OF LIABILITY, (B) INDEMNITY, AND (C) DISPUTES.
BY CLICKING THE "I AGREE" BUTTON BELOW OR BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS SITE, OR OTHER ROAMLI SOFTWARE, SERVICES, WEBSITES, OR CONTENT (COLLECTIVELY THE “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. YOU ALSO AGREE TO OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE AND LOCATED AT https://www.roamli.com
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS SITE. ROAMLI RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT ROAMLI'S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS SITE OR THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
About the Site. The Site is a platform through which certain merchants (“Merchants”) make available coupons, promotional codes, giveaways, samples, and offers for software downloads, goods, services, or experiences (“Vouchers” or “Merchant Offerings”). Merchants are the sellers and issuers of the Merchant Offerings and are solely responsible to you for the care, quality, and delivery of the goods and services provided. Vouchers may be distributed by Roamli. More information about the distributor of a particular Voucher is available upon request. Roamli is not an agent of Merchants. Merchants are not agents of Roamli.
Certain Merchant Offerings, other available programs and pricing on the Site may change at any time in Roamli’s sole discretion, without notice.
Access to the Site. The Site is not intended for children under the age of 13 (or applicable age in your country) and children under 13 (or applicable age in your country) should not use the Site. As a condition of your use of the Site, you agree that you have reached the age of majority in the state or province in which you reside; you are able to create a binding legal obligation; and you are not barred from receiving products or services under applicable law. To access this Site, Site resources, links or other content, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide will be correct, current, and complete. If Roamli believes the information you provide is not correct, current, or complete, Roamli has the right to deny access to this Site, or to any of its resources, and to terminate or suspend your access at any time. Roamli retains the right, at our sole discretion, to deny service or use of the Site or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Site and your account accessible, the Site and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Site access, or access to your account due to circumstances both within our control and outside of our control.
Applicable Use. You may use this Site only for purposes expressly permitted by this Agreement. As a condition of your use of Roamli's Site, you warrant to Roamli that you will not use the Site for any purpose that is unlawful, immoral, or otherwise prohibited by these terms, conditions, and notices.
No Co-Branding Or Framing. You may not use or authorize any party to co-brand or frame any Roamli Site without the express prior written permission of an authorized representative of Roamli in each instance. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, trade name, service mark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. For purposes of these Terms of Use, "framing" refers to displaying any Roamli webpage or mobile application page within a bordered area of another website, regardless of whether the address of the originating Roamli Site is visible. Furthermore, you agree to cease any unauthorized co-branding or framing immediately upon notice from Roamli.
No Unlawful Access. You agree that you will not use Roamli's Site in any manner that could in any way disable, overburden, damage, or impair the Site, or otherwise interfere with any other party's use and enjoyment of the Site. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through the authorized use of the Site. You agree to abide by all applicable local, state, national, and international laws and regulations, including U.S. export and re-export control and economic sanction laws and regulations, with respect to your use of the Site. You also acknowledge and agree that your use of the Internet and access to the Site is solely at your own risk. You should also understand that the confidentiality of any communication or material transmitted to/from a Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Roamli is not responsible for the security of any information transmitted to or from the Site.
Personal and Non-Commercial Use Limitation. Roamli's Site are for your personal and non-commercial use, unless otherwise specified in writing. You may not use any Roamli Site for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of Roamli in each instance, which permission will be at Roamli’s sole and absolute discretion. You must not post, upload or link to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engage in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), or solicit funds, advertisers, and/or sponsors for any purpose. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works of, transfer, sell, or otherwise infringe upon any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to Roamli's Site, in whole or in part.
Proprietary Information. All content found on the Roamli Site (the "Content") is considered the copyrighted and trademarked intellectual property of Roamli, or of the party that created and/or licensed the Content to Roamli. No rights or title to any of the Content contained on any Roamli Site shall be considered transferred or assigned to the User at any time. Subject to all applicable laws, you agree that you will not copy, distribute, republish, modify, reverse engineer, reverse assemble, otherwise attempt to discover the source code, create derivative works of, transfer or sell any information, software, product or services obtained through the Site, or otherwise use the Content in any unauthorized way, without the prior written consent of Roamli in each instance, except that you may print out and/or save one copy of the Content for your personal use only.
Submissions. You hereby grant to Roamli a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information or materials of any kind or nature communicated by you (or on your behalf) to Roamli through the Site (each, a "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that Roamli will not be bound to treat any Submission as confidential and may use any Submission in its business (including without limitation, for products, services, marketing, or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Roamli operations or businesses.
Hyperlinking. This Site may be hyperlinked to and by other websites or mobile applications which are not maintained by or related to Roamli. Hyperlinks to such sites or mobile applications are provided as a service to Users and are not sponsored by, endorsed or otherwise affiliated with the Site or Roamli. Roamli has not reviewed any or all of such sites or mobile applications and is not responsible for the content of any linking sites, and any links made directly from a Roamli Site to another web page should be accessed at the User's own risk. Roamli makes no representations or warranties about the content, completeness, quality or accuracy of any such website or mobile applications, and as such, shall not be liable in connection with any loss, damage, cost or injury associated with any access thereto via this Site.
Use of Communication Services. Roamli's Site may contain forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, "Communications Services"). You agree to use the Communication Services only to post, send, and receive messages and content that are considered proper and related to the particular Communication Service. Users are required to treat others with respect. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with the Site, or cause to be posted, sent, submitted, published or transmitted, any material that:
you do not have the right to post, including without limitation personal information, pictures, videos or any other media of another person without their express permission, and any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);
advocates or could reasonably serve to encourage, either directly or indirectly, any illegal or immoral activity, or discusses an intent to commit an illegal act or violate any law, rule, or regulation;
is vulgar, obscene, pornographic, incendiary, or indecent;
threatens or abuses others;
is libelous or defamatory towards others;
is racist, bigoted, hateful, abusive, harassing, threatening or offensive;
seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;
harvests or otherwise collects information about others, including e-mail addresses, financial information or other personally identifying information, without their prior express consent in each instance;
impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;
falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded (e.g., copyright, trademark or patent notices);
advertises any commercial endeavor (e.g., offering for sale products or services), solicits funds, advertisers or sponsors for any purpose, or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or any trade secrets or information for which you have any obligation of confidentiality;
includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications device;
disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way which affects the ability of other people to engage in real-time activities via this Site;
amounts to a pyramid or other like scheme, including without limitation spam, junk mail, contests, chain letters, and surveys;
disobeys any policy or regulations including any code of conduct or other guidelines established from time to time regarding the use of this Site and/or any networks connected to this Site;
registers, subscribes, or unsubscribes any party for any Roamli product or service if you are not expressly authorized by such party to do so;
deletes or revises any material posted by any other person or entity; or
contains hyperlinks to other sites that contain content that falls within the scope of this Section.
You acknowledge that any materials uploaded to the Communication Service may be subject to posted limits on use, reproduction, and/or dissemination, and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Roamli nor any third party that provides Content to Roamli will assume or have any liability for any action made by Roamli or such third party with respect to any submission.
You acknowledge that the Site may or may not pre-screen materials uploaded to the Communication Service, yet the Site and its designees shall have the right, but not the obligation, in its sole discretion, to pre-screen, refuse, remove, or delete any Content that violates this Agreement or is otherwise objectionable as determined by the Site in its sole discretion.
Roamli reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Communication Services (or any part thereof) with or without notice. You agree that Roamli will not be liable to you or any third party for any modification, suspension, or discontinuance of the Communication Services.
WHILE ROAMLI EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT, AND THAT YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK, AND THAT ROAMLI SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.
YOU UNDERSTAND AND AGREE THAT IF YOUR USE OF COMMUNICATIONS SERVICES VIOLATES ANY OF THE ABOVE CODES OF CONDUCT, ROAMLI CAN SUSPEND AND/OR TERMINATE YOUR USE OF THE SITE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF, OR HEARING. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
Right to Terminate Access. Roamli reserves the right to monitor use of the Site to determine compliance with these Terms of Use, as well as the right to edit, refuse to post, or remove any information or materials, in whole or in part, at its sole discretion. Roamli reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Disclosure Under Law. Roamli reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.
Personally Identifiable Information. Roamli cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. In an effort to preserve your privacy, Roamli agrees that it will treat any personally identifying information that you submit through the Site in accordance with the terms outlined in its Privacy Policy at https://www.roamli.com/privacy, as well as in conformance with all applicable laws, rules, and regulations. BY ACCESSING THE SITE, YOU AGREE THAT YOU ARE ACCEPTING OUR PRIVACY POLICY.
Commercial Transactions. Certain products or services may be offered for sale on the Site or through the Services. In the event you wish to purchase or to subscribe for any of these products or services, you will be asked by Roamli or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide us or such third party with the foregoing information as well as any other mandatory information. You agree that any such information provided shall be accurate, complete and current. You agree to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes. By providing Roamli with your credit card number and associated payment information, you agree that Roamli and/or our third party service providers are authorized to immediately invoice your account for all fees and charges due and payable to us as a result of your order, including but not limited to service fees, subscription fees or any other fee or charge associated with your access to the Services and/or purchase of products. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to either suspend or terminate your access and account. If Roamli conducts a sweepstake, contest, or game on the Site, the rules governing any of the foregoing shall be accessible on the Site. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating.
Disclaimer & Limitations of Liability. You understand that Roamli cannot and does not guarantee or warrant that files available for downloading from the Roamli Site will be free of viruses, worms, Trojan horses, or other code that may cause damage or harm to your computer(s), mobile device(s), or network(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s), mobile device(s), and network(s), and that you will maintain adequate means of backup of your personal data, external to this Site. Roamli further disclaims any responsibility to ensure that the Content located on its Site is necessarily complete and up-to-date.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, OR STATUTORY. ROAMLI DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. ROAMLI DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON ANY ROAMLI SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ROAMLI DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND ROAMLI MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. ROAMLI MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
ROAMLI, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, WILL NOT BE LIABLE FOR ANY LOSS OR INJURY OR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF ROAMLI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE.
To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF ROAMLI AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO ROAMLI FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE. ALL CLAIMS MADE BY YOU HEREUNDER MUST BE MADE WITHIN ONE YEAR OF THE ACTION TO WHICH SUCH CLAIM RELATES OR FOREVER BE BARRED.
Indemnity. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD ROAMLI, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY BREACH OF THESE TERMS OF USE BY YOU, INCLUDING ANY USE OF CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS' FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY, DEFEND, AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE INFORMATION ACCESSED FROM THIS SITE.
Trademarks and Copyrights. Trademarks, service marks, logos, trade names, and copyrighted works (hereinafter, "Intellectual Property") appearing on this Site are the property of Roamli or the party that provided the Intellectual Property to Roamli. Roamli and any party that provides Intellectual Property to Roamli retain all rights with respect to any of their respective Intellectual Property appearing in this Site and do not transfer at any time to user and/or any other third party.
Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Roamli all of the written information specified below. Please note that this procedure is exclusively for notifying Roamli and its affiliates that your copyrighted material has been infringed. Please include the following:
— An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
— A description of the copyrighted work that you claim has been infringed upon;
— A description of where the material that you claim is infringing is located on the Site, including the current Website address;
— Your address, telephone number, and e-mail address;
— A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, and/or the law;
— 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.
Security. If the Site requires you to open an account, you must complete the registration process by providing Roamli with current, complete and accurate information, as prompted by the applicable form. Any passwords used for this Site are for individual use only. You will be responsible for the security of your password(s) at all times. From time to time, Roamli may require that you change your password. You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Roamli reserves the right to release your account details to the system administrators of other websites and/or the authorities in order to assist them in resolving security incidents. Roamli reserves the right to investigate suspected violations of these Terms of Use. Roamli reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Roamli to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN, AND AGREE TO HOLD ROAMLI HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ROAMLI DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ROAMLI OR LAW ENFORCEMENT AUTHORITIES.
Disputes. If there is any dispute about or involving these Terms of Use, the Site, and/or any Communications Services, you agree that any dispute shall be governed by the laws of the State of Illinois, notwithstanding any principles of conflicts of law. If for any reason a Dispute (defined below) proceeds in court, you specifically consent to personal and exclusive jurisdiction by and venue in the State and Federal courts of Cook County, Illinois/Northern District of Illinois in connection with any dispute between you and Roamli arising out of or involving this Agreement, the Site and/or any Communications Services. You agree to waive any right to a trial by jury. You and Roamli agree that the Federal Arbitration Act, the relevant rules, applicable federal law, and the laws of the State of Illinois, without regard to principles of conflicts of law, will govern this agreement for dispute resolution under Section 20, and any Disputes.
Binding Arbitration. Except as specifically stated herein, any dispute or claim between you and Roamli and/or its affiliates, members, officers, directors, and employees arising out of, relating in any way to, or in connection with the Terms of Use, the Site or your use of the Site, your personal information, or any Merchant Offerings (“Dispute(s)”) shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a Dispute in a small claims court. The provisions of this Section 20 shall constitute your and Romali’s written agreement to arbitrate Disputes under the Federal Arbitration Act. The arbitration will be administered by the American Arbitration Association and conducted before a single arbitrator pursuant to its rules. The arbitrator will apply and by bound by this Agreement, apply applicable law and the facts, and issue a reasoned award, if appropriate.
No Class Action Matters. We each agree that we shall bring any dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that disputes shall be arbitrated only on an individual basis and not in a class, consolidated, or representative action and that the arbitrator may award relief (including injunctive relief) only on an individual basis. The arbitrator does not have the power to vary these provisions.
Miscellaneous
If any part of these Terms of Use is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Roamli as a result of this Agreement or use of Roamli's Sites.
These Terms of Use, including, without limitation other terms incorporated by reference, constitute the entire agreement between you and Roamli relating to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Roamli with respect to Roamli's Sites. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Site or any of its Services. Roamli may revise these Terms of Use at any time by updating this posting. You should review the Agreement from time to time to determine if any changes have been made to the Agreement. Your continued use of the Site after any changes have been made to this Agreement signifies and confirms your acceptance of any changes or amendments to this Agreement.
The failure of Roamli to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Roamli must be in writing and signed by an authorized representative of Roamli.
The section titles in the Agreement are for convenience only and have no legal or contractual effect.
Please report any violations of this Agreement to Roamli info@roamli.com or by visiting www.roamli.com. If you have any questions regarding this Agreement, please contact us at www.roamli.com.