using or registering on any aspect of http://www.therohogroup.com,
http://www.liveroho.com, or http://www.therohostore.com (collectively
subsidiaries, parent companies, joint ventures, and affiliated companies, and
any employees, officers, directors, and agents of any of the aforementioned
entities (collectively “ROHO”).
of Use on the Website. All amended
terms shall automatically be effective thirty days after they are initially
posted. Your continued use of any
aspect of the Website will constitute your acceptance of any future
and any revisions thereto, is located at http://www.therohogroup.com/Terms-of-Use
of your access to the Website and other disciplinary action that ROHO may take
Disclaimer of Warranties
YOU ACKNOWLEDGE THAT YOU ARE USING
THE WEBSITE AT YOUR OWN RISK. THE
WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ROHO HEREBY
EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT
NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY,
NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY, CONDITION,
GUARANTEE, OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM,
INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION
CONTAINED THEREIN OR PROVIDED BY THE WEBSITE. ANY TECHNICAL ADVICE OR ASSISTANCE THAT ROHO FURNISHES
HEREUNDER AND RESULTS THEREOF ARE PROVIDED AT YOUR SOLE RISK AND EXPENSE.
ROHO DOES NOT REPRESENT OR WARRANT
THAT ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO
FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION. ROHO DOES NOT WARRANT THAT THE WEBSITE,
ITS SERVERS, OR E-MAIL SENT FROM THE WEBSITE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. YOU EXPRESSLY
AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED
PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS,
MERCHANDISE OR SERVICES, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, OR
YOUR USE OR RELIANCE ON THE WEBSITE.
STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF
THESE APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Using the Website
information on the Website is in no way intended to diagnose, cure, or treat
any medical, physical or other condition.
You should always seek the advice of a physician or other qualified healthcare
provider to treat such a condition.
you register and/or set up an account on the Website, you will be solely
responsible for maintaining the confidentiality of your registration
information. You may not
sub-license, transfer, sell or assign your registration information to any
third party without ROHO’s prior written approval. Any attempt to do so will be null and void and shall be
considered a material breach of this Agreement. You are solely responsible for all usage or activity on your
account. If you have reason to
believe that your account is no longer secure, you must promptly change the
affected registration information by using the appropriate update mechanism on
the Website, if available, or notify ROHO at email@example.com.
using the Website, its services and tools, you will not:
any personally identifiable information if you are under the age of 11;
Transfer your Website account or
User ID to another party without ROHO’s prior written consent;
Authorize another individual to
use your Website account and/or User ID;
Distribute viruses or any other
technologies that may harm ROHO, the Website, or the interests or property of
Copy, modify, or distribute rights
or content from the Website, its tools or services, or ROHO’s copyrights and
trademarks in violation of ROHO’s rights under applicable law; or
Harvest or otherwise collect information
about users, including e-mail addresses, without ROHO’s consent.
Abusing ROHO’s Website or Policies
limiting other remedies, ROHO may limit, suspend, or terminate ROHO’s service
and user accounts, prohibit access to the Website and its content, services and
tools, delay or remove hosted content, and take technical and legal steps to
keep users off the Website if ROHO thinks that they are creating problems or
possible legal liabilities, infringing the intellectual property rights of ROHO
or third parties, or acting inconsistently with the letter or spirit of ROHO’s
policies. ROHO also reserves the
right to cancel unconfirmed accounts or accounts that have been inactive for a
long period of time, or to modify or discontinue the Website or its services or
Content and Intellectual Property Rights
content on the Website, including graphics, text, logos, button icons, digital
downloads, data compilations, photographs, images, video, audio, software, code
and other material (“Website Content”), is proprietary information that is
provided by ROHO or its licensors.
The Website Content is protected by state, national and international
copyright, trademark, and other intellectual property laws, and is the property
of ROHO or its licensors. The
copying, reproduction, publication, display, rearrangement, redistribution,
modification, revision, alteration, cropping, re-sizing, reverse engineering,
movement, removal, deletion, or other use or change by you, directly or
indirectly, of any such Website Content is strictly prohibited.
compilation of all Website Content and all software used on the Website are the
exclusive property of ROHO and is protected by U.S. and international trademark,
copyright, and other intellectual property laws.
Limitation of Liability for Other Websites
Links to other websites are
provided by ROHO in good faith and are for informational purposes only. ROHO disclaims any responsibility for
the content contained in any website linked to the Website. In no event will ROHO be held liable to
you or any party for any claim arising out of any use of websites linked to
this Website. ROHO has no control
over and does not guarantee the quality, legality, truth or accuracy of content
or representations found on other websites linked in any way to this Website,
and shall not be held liable for such content or representations.
you enter into a transaction on any website linked to this Website, you agree
to hold ROHO not liable in connection with such transaction or any aspect
thereof for any direct, indirect, incidental, special, punitive, or
consequential damages. Such
transactions shall be between the user and the third party seller, distributor,
or manufacturer without any involvement of ROHO.
will indemnify and hold ROHO harmless from any claim or demand, including
ROHO’s reasonable attorneys’ fees, made by any third party due to or arising
out of your use of the Website, your submissions or content, your breach of the
Resolution of Disputes and Choice of Forum
in all respects by the laws of the State of Illinois, U.S.A., as they apply to
agreements entered into and to be performed entirely within Illinois between
Illinois residents, without regard to conflict of law provisions.
a dispute arises between you and ROHO, you agree that any claim or controversy
excluding any claim arising from the sale or purchase of ROHO products on the
Website (a “Claim”), will be resolved in accordance with this section of the
in St. Clair County, Illinois, U.S.A., administered by the American
Arbitration Association (“AAA”), in accordance with the AAA rules of practice
then in effect, and judgment on the award rendered
by the arbitrator(s) may be entered in any court having jurisdiction
thereof. The parties will equally
share the arbitrator's fees and costs.
The arbitration proceedings, and all documents, pleadings and awards
related thereto shall be in English.
The arbitration award shall be stated in US Dollars, and the reasons for
the award shall be stated therein.
Claim of any kind, nature, or description is barred and waived, and no
proceedings of any kind may be commenced by you, unless you institute
arbitration proceedings within one (1) year after the claimed breach
occurs. ROHO may, in its sole
discretion, apply to a court of competent jurisdiction with respect to (i) any
claims ROHO may have against you; (ii) any claims by ROHO to enforce the
agreement herein to arbitrate or to enforce the award of the arbitrator(s);
(iii) ROHO's enforcement of the limitation period set forth hereinabove in
respect of your claims; or (iv) any claims by ROHO for injunctive relief or
interim measures to prevent or stop irreparable harm to ROHO's rights or
property. You hereby irrevocably
submit to the jurisdiction of the courts within St. Clair County, Illinois,
U.S.A. with respect to any such litigation.
Claims you bring against ROHO must be resolved in accordance with this section
filed or brought contrary to this section shall be considered improperly
filed. Should you file a Claim
contrary to this section, ROHO shall recover attorneys’ fees and costs up to
$1,000, provided that ROHO has notified you in writing of the improperly filed
Claim, and you have failed to promptly withdraw the Claim.
provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes
only and do not limit the scope or extent of such section. No waiver
by either party of any default shall be deemed a waiver of any subsequent
default. In the event of any
provisions of the English-language version shall prevail and govern in the
events of any conflict or inconsistency in interpretation.