Terms of Use
Table of Contents
- Agreement to Terms
- Modifications
- The Site
- Intellectual Property Rights
- User Representations
- User Registration
- User Conduct
- Prohibited Activities
- User Generated Contributions
- Contribution License
- Mobile Application License
- Submissions
- Subscriptions and Billing
- Site Management
- Privacy Policy
- Term and Termination
- Modifications and Interruptions
- Third-Party Websites and Services
- Governing Law
- Binding Arbitration of Claims
- Corrections
- Disclaimer
- Limitations of Liability
- Indemnification
- User Data
- Electronic Communications, Transactions, and Signatures
- California Users and Residents
- Miscellaneous
- Contact Us
1. Agreement to Terms
These Terms of Use (or "Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you" or "your") and Code Pebble, Inc ("Company," "we," "us," or "our"), concerning your access to and use of the roo.money website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). It is your responsibility to regularly review these Terms; the most current version of these Terms will be on our Site. We are registered in Delaware and have our registered office at 8 The Green, Suite B in the City of Dover, County of Kent, Zip Code 19901.
YOU AGREE THAT BY ACCESSING THE SITE, YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY ALL OF THESE TERMS OF USE. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
PLEASE BE ADVISED that the terms contain a binding arbitration clause AS WELL AS a class action WAIVER and jury trial waiver that impacts your rights for dispute resolution. Please read these sections carefully.
2. Modifications
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
If you do not agree to the amended terms, you agree to immediately stop using the Site and to provide us with notice to remove you from any communication that is available to you through your use of the Site. YOUR CONTINUED USE OF THE SITE AFTER MODIFIED TERMS ARE POSTED MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE.
3. The Site
At this time, the Site is only available for users that have a physical presence in the United States of America or Canada. We look forward to sharing the Site in more international markets in the future.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
Subject to full compliance with these Terms, we grant authorized users a nonexclusive, nontransferable, nonsublicensable, terminable license to access and use the Site for their personal use. You agree to not access, reproduce, duplicate, copy, sell, resell, modify, distribute, transmit, or otherwise exploit the Site, or any of their content for any purpose except for your own personal use, or as otherwise described in these Terms, without our express prior written consent.
We expressly reserve the right, in our sole discretion, to modify, update, make changes, suspend, or discontinue our Site or any of our services, temporarily or permanently, at any time for any reason, with or without notice to you. We are not obligated to continue to support or update our Site or any services. You agree that we are not liable to you or any third-party if we modify, change, or discontinue the Site or any of our services.
When using, accessing, or purchasing particular services or features of the Site, you shall be subject to any posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated hereto by reference.
4. Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, user interface, visual interfaces, button icons, artwork, trade dress, algorithms, functionalities, features, computer code (including, but not limited to, the design, structure, and arrangement of content on the Site), graphics on the Site, and all other intellectual property rights therein (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright, trademark, trade dress laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. You should assume that all intellectual property, Content, and materials made available on the Site are protected by law. You have no right, title, security interest or any other interest in, including but not limited to, us, the Site, Content, and any of our source code except for the limited rights to use the Site.
The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, distributed or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission, and you may not prepare any derivatives based on our intellectual property or Content.
Provided that you are eligible to use the Site, we grant to you a limited, non-exclusive, non-assignable, non-transferable license to access and use the Site subject to your agreement to and compliance with these Terms. The license granted to you pursuant to these Terms is solely for your personal use, not for resale or redistribution, and may not be used for any other purpose. You agree not to reverse engineer, decompile, or translate our intellectual property or Content in any way. You have no right to the intellectual property, Content, or any ideas found on our Site. No ownership rights are granted to you hereunder and no title is transferred to you hereunder. All rights, title, and interest in the intellectual property and Content belongs to us or our affiliates.
You are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
5. User Representations
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not under the age of 18; (5) you will not grant any person access to your account, except as described herein, as granting access may violate applicable laws and regulations and may result in the immediate termination of your account; (6) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the Site for any illegal or unauthorized purpose; and (8) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You agree and understand that all communication with you will be by email. We will use the email address associated with your account as our primary means of communication with you. You agree to keep your email address up-to-date and immediately notify us if there are any changes. We retain the right to deny access to the platform, services, and your account if you fail to provide and maintain a valid email address.
6. User Registration
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may close your account at any time. Closing your account will not affect any rights and obligations incurred prior to the account closure. Additionally, we may close your account if you create serial or overlapping accounts, or you violate these Terms.
7. User Conduct
You acknowledge and understand that we are not providing investment advice, tax advice, legal advice, or other professional advice by allowing you to access and use the Site. The Site is provided on a strictly "as is," "where is," and "where available" basis.
Your use of and conduct on the Site is subject to applicable laws and regulations. By creating an account, accessing, or using the Site you agree to be legally bound and adhere to this Terms agreement, all terms incorporated by reference, and applicable laws and regulations.
Conditional Use. Access to the Site is conditional upon the following representations and warranties: (1) all of the information you have provided to us is truthful, accurate, and complete and will remain truthful, accurate, and complete; (2) you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services or to anyone on the United States Treasury Department's list of Specially Designated National or the U.S. Commerce Department's Table of Deny Orders; and (3) you agree to be solely responsible for maintaining the security of your account login credentials and other required forms of authentication.
8. Prohibited Activities
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
Your use of the Site and your submission or access to any communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Site is conditioned upon your compliance with the rules of conduct provided herein. Your failure to comply may result in termination of your access to the Site and you will be liable for any damages caused by your noncompliance. By way of example, and not as a limitation, you agree not to:
- Violate these Terms, our Privacy Notice, other applicable agreements with us, and any applicable local, state, national, or international law, and any rules or regulations having the force of law;
- Use the Site or Content in any manner that violates any relevant law or that infringes, misappropriates, or violates any users or third party's rights, including, but not limited to, transmitting any Content that may infringe, misappropriate, or violate a third party's rights of publicity, contractual rights, fiduciary rights, or intellectual property rights;
- Send bulk emails, surveys, advertisements, promotional materials, junk mail, mass messaging, or any other form of solicitation, whether commercial in nature or not, engage in keyword spamming, or otherwise attempt to manipulate search results, reviews, or any third-party website;
- Reproduce, duplicate, copy, modify, sell, resell, or exploit any Content or the Site for any commercial, political, religious, educational, any other non-personal purpose or for any purpose unrelated to your personal purchasing decisions, without our express written consent, which consent may be withheld by us in our sole discretion;
- Rent or sell the Site or Content to a third party;
- Change or alter information, material, content, or notices in the Site;
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
- Impersonate any person or entity or use or provide any fraudulent, misleading or inaccurate information, misrepresent your association with any person or entity, including misrepresenting a relationship with us;
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
- Attempt to gain unauthorized access to any portion or feature of the Site, Content, or any other systems or networks connected to the Site, Content or to any server used by us by hacking, password "mining" or any other illegitimate or unauthorized means;
- Use or distribute any Content, including Content that has been verified or confirmed by you or anyone else, to directly or indirectly create or contribute to the development of any database or product;
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;
- Use any information obtained from the Site in order to harass, abuse, or defame, stalk, intimidate, bully, threaten, or otherwise harm or violate the rights of another person, including, but without limitation, others' privacy rights or rights of publicity;
- Solicit personal information from minors;
- Use the Site if you are under the age of eighteen (18);
- Make improper use of our support services or submit false reports of abuse or misconduct;
- Engage in unlawful multi-level marketing, such as a pyramid scheme;
- Sell, share, or otherwise transfer your username, password, other information, or your rights or obligations under this Terms agreement;
- Engage in unauthorized framing of or linking to the Site;
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, worms, time bombs, spiders, cancelbots, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site, is likely or intended to damage the Site, or modifies, impairs, disrupts, alters, disables, overburdens, or interferes with the use, features, functions, operation, or maintenance of the Site;
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
- Delete the copyright or other proprietary rights notice from any Content;
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms");
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
- Probe, scan or test the vulnerability of the Site or any network connected to the Site, or breach the security or authentication measures on or of the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of the Site, or any other customer of ours, including any account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information;
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
- Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software;
- Use a buying agent or purchasing agent to make purchases on the Site;
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise;
- Use the Site to advertise or offer to sell goods and services; or
- Facilitate or encourage any violation of this Section.
9. User Generated Contributions
The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site's Privacy Notice. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
- You waive any assertions of moral rights or attribution with respect to the Contribution.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, infringing, abusive, vulgar, threatening, profane, hateful, distasteful, defamatory, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
10. Contribution License
You grant us a royalty-free, perpetual, irrevocable, worldwide, nonexclusive transferable, and sublicensable license to use your Contribution in a number of different ways, including, but not limited to, reproducing, copying, adapting, modifying, merging, distributing, publicly displaying, creating derivative works from, and incorporating such Contribution into other works.
You grant us all rights necessary to publish or refrain from publishing your name and address in connection with Your Contribution, and acknowledge that this license cannot be terminated by you once your Contribution is submitted to the Site.
You grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Contribution by any other party.
We may publicly display advertisements, paid content, and other information associated with your Contribution. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertising are subject to change without specific notice to you.
You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Notice and your choices (including settings).
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
11. Mobile Application License
Use License
If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. In addition to the prohibited activities set forth above, you shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.
12. Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
13. Subscriptions and Billing
We offer a subscription service. Certain account types or features of the Site may require a paid subscription. The subscription price depends on promotions and your selections. Free trials automatically convert to paid subscriptions unless cancelled. You can find the specific details about your subscription at any time by logging into your account.
If you purchase a subscription through the Apple App Store or Google Play Store, payment will be charged to your Apple ID or Google Play account at the time of purchase.
Subscriptions automatically renew at the end of each billing period unless auto-renewal is turned off at least 24 hours before the end of the current subscription period. Your account will be charged for renewal within 24 hours prior to the end of the current subscription period at the rate in effect at that time.
You can manage or cancel your subscription at any time through your device's account settings within the Apple App Store or Google Play Store. Deleting the application does not cancel your subscription.
All billing, payment processing, and refunds for in-app purchases are handled by Apple or Google in accordance with their respective terms and policies. We do not have access to your payment information and cannot directly issue refunds for purchases made through the Site. If the Site is not for you, you can request a refund through Apple or Google within 30 days.
We reserve the right to modify subscription pricing upon reasonable notice as permitted by applicable law and the policies of the Apple App Store or Google Play Store.
Subscription pricing, billing intervals, and available plans will be displayed to you prior to completing your purchase through the applicable app store. All prices are shown in the currency determined by the Apple App Store or Google Play Store based on your region.
14. Site Management
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
15. Privacy Policy
We care about data privacy and security. Please review our Privacy Notice. By using the Site, you agree to be bound by our Privacy Notice, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children's Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 18 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.
16. Term and Termination
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you agree that you must cease accessing or using the Site and you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
Termination will not affect any right or relief to which we are entitled at law or in equity. The Terms that by their nature and context are intended to survive any termination will survive such termination and will be fully enforceable thereafter.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. We may report your fraudulent activity or a breach of these Terms to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of your fraudulent activity or breach of these Terms, as determined at our sole and absolute discretion, your right to use the Site will cease immediately.
17. Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
18. Third-Party Websites and Services
Third parties may provide or facilitate links, tools, widgets, or other features that allow you to access their third-party websites or services ("Third-Party Resources"). These Third-Party Resources are provided solely as a convenience to you and based upon your account information or the content you elect to view. We do not control and are not responsible for and do not endorse the content of Third-Party Resources, including any products, information, or materials contained therein. You need to use your own independent judgment regarding your interaction with these Third-Party Resources. Some of the content provided by us will be from merchant sites. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature, or reliability of third-party websites, including, without limitation, Third-Party Resources and websites linking to the Site.
19. Governing Law
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Utah applicable to agreements made and to be entirely performed within the State of Utah, without regard to its conflict of law principles.
20. Binding Arbitration of Claims
In the event there is an issue, we want to make the resolution process as quick and efficient as possible. You agree to first discuss the issue informally with us for at least thirty (30) days. To do so, please send your full name, username and email address associated with your account, postal address, your concern, and your proposed solution by mail to Code Pebble, Inc at 217 N Brookview Way, Lindon, UT, 84042 or by email at support@roo.money. If we would like to discuss an issue with you, we will contact you using the email address you provided in association with your account.
If we do not reach an agreed-upon solution after discussions for at least 30 days, you agree that any and all claims that either of us may have arising out of or relating to: (1) these Terms (including formation, performance, or breach of the terms, and including the scope and enforceability of this arbitration provision), (2) the Privacy Notice, which is incorporated hereto; (3) any aspect of our relationship with each other; and (4) use of the Site must be resolved through binding arbitration before the American Arbitration Association ("AAA") in Salt Lake County, Utah, or an otherwise mutually agreed upon arbitration provider, unless otherwise determined by us, in which case you agree to the personal jurisdiction, and that proper venue will be, in the state and federal courts in Salt Lake County, Utah.
We will not be liable for any direct, indirect, punitive, incidental, special, or consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the content and use or performance of the Site, with the delay or inability to access or use the Site the provision of or failure to provide services, or for any Content, software, products and services made available or obtained through the Site, whether based on contract, tort, negligence, strict liability or otherwise.
In no event shall any claim, action, or proceeding brought by either party related in any way to the Site be commenced more than one (1) years after the cause of action arose.
Any services or content made available or obtained through the use of the Site and all other use of the Site is done at your own discretion and risk and you will be solely responsible for any damages, including, but not limited to, your computer system or loss of data that results therefrom.
Each party shall pay its own attorneys' fees and costs arising out of the arbitration and shall pay an equal share of the fees and costs of the arbitrator and AAA (or the mutually agreed upon arbitration provider); however, the arbitrator may award the prevailing party reimbursement of its reasonable attorneys' fees and costs and/or other fees and costs of the arbitrator.
The arbitrator shall issue a written award within fifteen (15) days after the conclusion of arbitration which describes the material factual findings and conclusions that the award is based upon, including the calculation of damages awarded. Each party shall fully perform and satisfy the arbitration award within fifteen (15) days of the award being issued. Judgment of the award may be entered by any court of competent jurisdiction.
BY AGREEING TO THIS BINDING ARBITRATION CLAUSE, YOU UNDERSTAND THAT YOU ARE WAIVING CERTAIN RIGHTS AND PROTECTIONS WHICH MAY BE AVAILABLE TO YOU IF A CLAIM OR DISPUTE WERE DETERMINED BY THE COURT SYSTEM, INCLUDING, WITHOUT LIMITATION, THE RIGHT TO SEEK OR OBTAIN CERTAIN TYPES OF DAMAGES WHICH ARE PRECLUDED BY THIS ARBITRATION PROVISION, THE RIGHT TO A JURY TRIAL, CERTAIN RIGHTS OF APPEAL, THE RIGHT TO BRING A CLAIM AS A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND THE RIGHT TO INVOKE FORMAL RULES OF PROCEDURE AND EVIDENCE.
21. Corrections
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
22. Disclaimer
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, and OUR affiliates, managERS, members, officers, directors, employees, AGENTS and third-party suppliers, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, SECURENESS OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Any reliance upon the site AND ITS Content is at Your own risk and we make no warranties. we reserve the right to restrict or terminate Your access to the site or any feature thereof at any time at our sole discretion. IF YOU DOWNLOAD ANY CONTENT FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR CONTENT, OR WITH ANY OF THE TERMS OR OUR PRIVACY NOTICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
23. Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, COMPENSATORY, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, PERSONAL INJURY, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR OUR FAILURE TO PROVIDE THE SERVICES HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
24. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, members, directors, managers, agents, partners, and employees, from and against any loss, damage, cost, liability, claim, expense or demand, including reasonable attorneys' fees and expenses, arising out of or related to: (1) access or use of the Site; (2) your breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; (5) any overt harmful act toward any other user of the Site with whom you connected via the Site; (6) our performance of our functions under these Terms and all other agreements or terms incorporated herein; (7) your violation of applicable laws, rules, or regulations. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
25. User Data
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
26. Electronic Communications, Transactions, and Signatures
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
27. California Users and Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
28. Miscellaneous
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use. We make no representation that the Site or any of the materials contained therein are appropriate or available for use in other locations, and access to them from territories where their content or function may be illegal or is otherwise prohibited. Those who choose to access the Site from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws.
29. Contact Us
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at support@roo.money.