We hope you enjoy using Romio and find our service valuable. This document contains key information that you should consider before using our service.
HomePeople Corporation (dba Romio , “Romio,” “we,” or “us”) helps consumers research, hire, rate, and review (collectively, the “Services”) a variety of service contractors and health related professionals (collectively, “Service Providers”). If you are a “Member" of this Site, meaning any person who completes our account registration process or a person who submits or receives a request through a Site or are visiting and using our site as a guest these terms apply to you.
BY USING OR ACCESSING THE SERVICES OR THE SITE YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU CANNOT USE THE SERVICES.
We offer the Services “AS IS” and without warranties. If you create an account and are a Member or use the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf.
The Site contains text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, recommendations, quotes, message threads, reviews, scheduling and calendar information, User Content (defined below) and Romio Content (defined below) and other information or materials available on or through the Site (each or collectively, “Content”). All User Content submitted by you that is posted, uploaded, published, or transmitted on or through the Site by any Member or other user of the Site, including but not limited to photographs, profile information, descriptions, postings, reviews, and payments made through the Site is referred to as “User Content”. User Content excludes all Content Romio makes available on or through the Site, including any Content licensed from a third part (“Romio Content”). We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content.
By making available any User Content on or through the User Content, you hereby grant to Romio a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote, market or advertise the Site, or for any other purpose in our sole discretion, except that private messaging through the Site will not be used by Romio in public advertising. In the interest of clarity, the license granted to Romio shall survive termination of the Site or your Account. Romio does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content submitted, posted, uploaded, published, or transmitted on or through the Site by you.
You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Site. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Site or you have all rights, licenses, consents and releases that are necessary to grant to Romio the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Romio's use of your User Content (or any portion thereof) on, through or by means of the Site will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree that Romio may proofread, summarize or otherwise edit and/or withdraw your User Content, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms.
Romio reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or users, or for any other reason.
Intellectual Property Rights
Romio Content is protected by copyright, trademark, and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in these Terms, Romio and its licensors exclusively own all right, title, and interest in and to the Site and Romio Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of Romio used herein are trademarks or registered trademarks of Romio. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.
Subject to your compliance with these Terms, Romio grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to reproduce and display Romio Content (excluding any software source code) solely for your personal and non-commercial use and only in connection with your access to and participation in the Site. No licenses or rights are granted to you under any intellectual property rights owned or controlled by Romio or its licensors, You will not copy, use, modify or prepare derivative works based upon, sell, transfer, publicly display, stream, broadcast or otherwise exploit the Site or Content, other than User Content created by you, except as expressly permitted in these Terms. The Site and Content are provided to you AS IS. If you download or print a copy of Content for personal use, other than User Content you create, you must retain all copyright and other proprietary notices contained thereon.
Romio cannot and does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Site and Services. You acknowledge that Romio simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of user-generated. You understand that all User Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such User Content originated. You understand that Romio does not control, and is not responsible for User Content made available through the Site and Services, and that by using the Site and Services, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Content.
You further acknowledge that Romio has no obligation to screen, preview, monitor or approve any User Content on the Site and Services. However, Romio reserves the right to review, modify and/or delete any Content that, in its sole judgment, violates these Terms. By using the Site and Services, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any User Content that you submit, receive, access, transmit or otherwise convey through the Site and Services. Under no circumstances will Romio or any third party using the sitebe liable in any way for any Content, including, but not limited to, any Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content submitted, accessed, transmitted or otherwise conveyed via the Site and Services. You waive the right to bring or assert any claim against Romio relating to Content, and release Romio from any and all liability for or relating to any Content. Romio has no obligation to review, monitor, or remove any User Content or other materials, except as required by law.
You agree that Romio may establish general practices, policies and limits, which may or may not be published, concerning the use of the Site and Services, including without limitation, the time that User Content will be retained, the maximum number of User Content that may be sent from an account, the length of User Content sent, and the maximum number of times and the maximum duration for which you may access the Site and Services in a given period of time. You agree that Romio has no responsibility or liability for the deletion or failure to store any User Content or other materials maintained or transmitted by or through the Site and Services. You agree that Romio has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Romio respects the intellectual property of others. It is our policy to respond expeditiously to legitimate claims of copyright and other intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We may terminate access for users of the Site and Service who are infringers.
To provide us with notice of an infringement, you must provide a written communication to the attention email@example.com. If we remove or disable access to Content in response to an infringement notice, we may make reasonable attempts to contact the owner or administrator of the affected content. If you material has been removed and you feel that your material does not constitute infringement, you may provide us with a counter notification by written communication to the attention of at firstname.lastname@example.org.
As a user of the Site, you may not:
- Use another Member's account, misrepresent yourself or the Services offered through the Site, misrepresent your identity or qualifications, misrepresent other information in a request, or post Content in any inappropriate category or areas on the Site;
- Use any automated system including but not limited to robots, spiders, offline readers, scrapers to access the Site for any purpose without Romio's prior written approval; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material (Romio reserves the right to revoke these exceptions either generally or in specific cases);
- In any manual or automated manner copy copyrighted text, or otherwise misuse or misappropriate Site information or Content including but not limited to, use on a mirrored, competitive, or third-party site;
- Transmit more request messages through the Site in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
- Take any action that (a) may unreasonably encumber the Site's infrastructure; (b) interferes or attempts to interfere with the proper working of the Site or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the Site; (d) circumvents, disables or otherwise interferes with security features of the Site; (e) distributes viruses or any other technologies that may harm Romio or users; (f) uses the Site in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; or (g) circumvents or manipulates fees, structure, billing, or fees owed;
- Use the Site in any manner that circumvents your obligation to pay Romio or use credits for access to Services provided by the Site;
- Collect, harvest or publish any personally identifiable data including but not limited to names or other account information, from the Site, or use the communication systems provided by the Site for any reason not explicitly authorized by these Terms, including commercial solicitation purposes;
- Recruit, solicit, or contact in any form a Member for any use not specifically intended by the Site;
- Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful User Content to or through the Site, including User Content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law;
- Violate any key policies that govern your use of the Site and our interactions with you and third parties;
- Make a recommendation or list a service not related to or appropriate for the Site including, but not limited to any Service that (a) is not in supported categories; (b) provides directories; (c) offers lending; (d) offers rental space; (e) promotes events (such as a party or professional convention); (f) competes with the business of Romio; (g) is based outside the United States; (h) promotes or offers Ponzi schemes, junk mail, spam, chain letters, pyramid schemes, affiliate marketing or unsolicited commercial content, discount cards, credit counseling, online surveys or contests, raffles, prizes, bonuses, games of chance or giveaways; or (i) provides non-local content.
- Submit User Content that damages the experience of any user including but not limited to (a) requests to download non-Romio mobile applications and/or links that direct the user to mirrored websites where the user must enter information that is redundant with what has already been entered on Romio, (b) offers to purchase a Service or good outside of Romio, or (c) using a profile page or user name to promote services not offered on or through the Site;
- Take any action that may undermine the efficacy or accuracy of reviews or ratings systems;
- Fail to perform Services purchased from you as promised, unless the Member fails to materially meet the terms of the mutually agreed-upon agreement for the Services or refuses to pay, or a clear typographical error is made, or you cannot authenticate the Member's identity;
- Engage in fraudulent conduct including but not limited to offering to make money transfers with intent to request a refund of any portion of the payment or soliciting users to mail cash or use other payment methods prohibited by Romio;
- Sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service;
- Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Site; and
- Attempt to indirectly undertake any of the foregoing.
Local Experts and Service Providers
We rely upon local experts (“Local Experts”) who may include licensed professionals such as doctors, dentists, nurses, social workers, lawyers, accountants, physical therapists, hairdressers, architects, teachers, trainers, engineers and more (each a “Licensed Professional”).
Romio does not endorse and is not responsible or liable for any User Content, data, advertising, products, goods or services available or unavailable from, or through, any third party (which includes, but is not limited to, Service Providers, Local Experts and Licensed Professionals). Licensed Professionals using this site are providing Content strictly for informational purposes and are not rendering a professional opinion or professional referral either on their own behalf or on behalf of any employer or business entity with whom they are affiliated. You agree that any Content provided by Romio, a Local Expert, Service Providers or Licensed Professional, or any other person or entity using the Site is not a professional referral in any manner or form. You agree that should you use or rely on such Content, data, advertisement, products, goods or services, available or unavailable from, or through any third party (which includes, but is not limited to, Service Providers, Local Experts and Licensed Professionals), neither Romio nor such third parties, alone or together, are making an endorsement, referral or recommendation or are responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any third party (which includes, but is not limited to, Service Providers, Local Experts and Licensed Professionals), and any other terms, conditions, representations or warranties associated with such dealings, are between you and such third party exclusivelyand does not involve Romio, any Local Expert, any other Service Provider (which includes, but is not limited to, health care and wellness provider or any Licensed Professional). You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers (which includes, but is not limited to any Licensed Professional).
Third parties and Service Providers may link or otherwise direct Internet users to our Site and Services. Additionally, we may provide links or otherwise direct you to third party websites. Romio does not control or operate any such third party website. Any information you provide to these third parties websites while on these third party websites is subject to the respective policies of those third parties, and not Romio's policies. It is your responsibility to review such third party policies, including any relevant privacy policies. You agree that Romio will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites. Romio does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party sites. You use these third party websites at your own risk.
You agree neither Romio nor any Local Expert is responsible for the accessibility or unavailability of any Service Provideror for your interactions and dealings with them, waive the right to bring or assert any claim against Romio or a Local Expert relating to any interactions or dealings with any Service Provider (which includes, but is not limited to, health care and wellness providers or any other Licensed Professional), and release Romio and such Local Expert from any and all liability for or relating to any interactions or dealings with Service Providers (which includes, but is not limited to, health care and wellness providers or any other Licensed Professional).
Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third parties found on or through the use of the Site and Services, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that neither Romio nor any Local Expert shall be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Service Providers (which includes, but is not limited to, health care and wellness providers or any other Licensed Professional) on the Site and Services.
Health Related Content
The Site and Services and its Content are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site and Services.
If you think you may have a medical emergency, call your doctor or 911 immediately. Neither Romio nor any Local Expert recommends or endorses any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Sites and Services. Romio and our Local Experts are not a health or wellness providers and cannot recommend or refer you to any health or wellness provider for a specific purpose. Any recommendation by a Local Expert is simply an endorsement in general and should be interpreted as a professional referral. Reliance on any information provided by Romio, any Local Expert or their respective employees and others appearing on the Site and Services at the invitation of Romio, or other visitors to the Site and Services is solely at your own risk.
The Sites and Services may contain health-related materials that are sexually explicit. If you find these materials offensive, you should not use the Sites and Services.
You should be aware that if you post any health-related information about yourself or anyone else on the Sites and Services, you do so at your own risk. If you post health information about services rendered to another individual, you represent that you have the legal authority to receive health information about that individual from that individual's health care providers and that you have the legal authority to further disclose such health information. If you post health-related information, you will be placing it into the public domain which may violate federal or state laws that protect the privacy of health information. You also acknowledge that the health care or wellness provider about whom you submit User Content may submit User Content that contain your private or confidential health information in response to User Content you submit. Romio is not liable for any such User Content. Romio cannot be expected to keep you health information confidential if you post it to the Site or Services or otherwise make it available to others.
Romio Credits and Rewards
Your receipt of Romio Credits represents the receipt of credits that can be used by Romio to provide various rewards to you as determined from time to time by our management. We will always be transparent with you about the number or range of Romio Credits you may use to receive awards. Romio Credits have no monetary/cash value and your receipt of Romio Credits does not represent a pre-funding of stored value that can be accessed or used in the future for any purpose. You agree that granting of Romio Credits and awards are final, at the sole discretion of management and without recourse.
Romio may grant a Member incentive awards in cash (a “Monetary Award”) or in any other form we determine from time to time. Romio will pay a Member $100 for every Local Expert the Member introduces directly and $20 for any Local Expert which the Local Expert such Member has introduced to Romio ,in turn, introduces to us. Romio pays Members who qualify for this Monetary Award each month. To qualify for the cash award, each Local Expert has to download the app and add 10 unique recommendations that aren’t already listed on the app. Recommendations must meet our quality standards and not on volume of recommendations. Monetary Awards will commence after our full launch in June 2017. Romio reserves the right to change the way it grants or terminate the Award programat any time in its sole discretion, with or without notice; provided, that Awards previously granted will not be terminated unless Romio reasonably determines that the Awards were obtained in violation of these Terms. No employment relationship with Romio and a Member shall be created or implied by the payment of a Monetary Award and a Member shall be responsible for the payment of all applicable taxes. In order to receive Awards or Monetary Awards, Local Experts will be required to enter into a consulting agreement and execute documentation required to qualify under Romio’s 2017 Equity Incentive Plan.
YOUR USE OF THE SITE AND CONTENT SHALL BE SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT ROMIO DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR OR REVIEW USER CONTENT; OR (B) FOR ANY PERMISSIBLE PURPOSE, CONDUCT IDENTITY VERIFICATION, BACKGROUND (INCLUDING CRIMINAL BACKGROUND) OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING BUT NOT LIMITED TO SERVICE MEMBERS AND CUSTOMER MEMBERS. THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ROMIO AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS SITE OR THE SERVICES OFFERED ON OR THROUGH THIS SITE; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION ALL COLLECTIVE CONTENT. ROMIO MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ROMIO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE. ROMIO SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ROMIO OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR MEMBERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO ANY MEMBERS OR PROVIDERS OF SERVICES. YOU UNDERSTAND THAT ROMIO DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR TO REVIEW OR VET ANY PRO SERVICES. ROMIO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE PRO SERVICES. ROMIO EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS, MEMEBERS OR THIRD PARTIES.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND CONTENT, YOUR OFFERING OR PROVIDING SERVICES OR REQUESTING OR RECEIVING SERVICES THROUGH THE SITE, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF ROMIO OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER ROMIO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR CONTENT WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ROMIO OR A LOCAL EXPERT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE SITE, PRO SERVICES OR COLLECTIVE CONTENT; (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE; OR (G) YOUR OFFERING OR PROVIDING PRO SERVICES OR REQUESTING OR RECEIVING PRO SERVICES THROUGH THE SITE.
IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF ROMIO AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, OR ANY LOCAL EXPERTS ARISING FROM OR RELATING TO THE TERMS, SITE, SERVICES, AND/ORCONTENT, OR FROM THE USE OF OR INABILITY TO USE THE SITE OR COLLECTIVE CONTENT OR IN CONNECTION WITH ANY PRO SERVICES OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO ROMIO BY YOU HEREUNDER, OR ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.
Indemnification and Release
You agree to release, defend, indemnify, and hold Romio and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site or your violation of these Terms; (b) the User Content you provide to the Site; (c) your interaction with any Member, Service Provider, Local Expert or user; and (d) the request or receipt or offer or provision of Services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with such Pro Services.
If you are a California resident, you waive California Civil Code Section 1542, which provides:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.
Arbitration and Governing Law
The exclusive means of resolving any dispute between you and Romio or any claim made by you or Romio arising out of or relating to your use of this Website and/or Romio's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Romio in a small-claims court of competent jurisdiction OR EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Romio any class action, class arbitration, or other representative action or proceeding.
By using the Website and/or Romio's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Romio (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration provision, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration provision is for any reason held to be unenforceable, any litigation against Romio (except for small-claims court actions) may be commenced only in the federal or state courts located in New York, New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
These Terms and Conditions, and any dispute between you and Romio, shall be governed by the laws of the state of New York without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
Force Majeure: Other than payment obligations, neither Romio nor you shall be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
Waiver: No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Romio's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Site or Services offered therein must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Section Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.
Contact Information: If you have any questions about these Terms or the Site, please contact us by sending an email to help@Romio.com, or by writing to Romio, Inc. at our headquarters.
Changes to These Terms: We may change these Terms and the other documents that are part of the Agreement at any time, as we reasonably deem appropriate. Upon any such change, we will post the amended terms on the Site; we may also attempt to notify you in some other way. Your continued use of the Site and/or the Services following such posting shall constitute your affirmative acknowledgement of the Terms or other applicable Agreement document, the modification, and agreement to abide and be bound by the Terms or other applicable Agreement document, as amended. We encourage you to periodically review these Terms and the Agreement. IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT THESE TERMS OR THE AGREEMENT, INCLUDING FOLLOWING ANY SUCH MODIFICATIONS HERETO, THEN YOU MUST STOP USING THE SITE AND THE SERVICES.