Terms of Use

            By using or registering on any aspect of http://www.therohogroup.com, http://www.liveroho.com, or http://www.therohostore.com (collectively “Website”), you agree to the following Terms of Use with ROHO, Inc., its subsidiaries, parent companies, joint ventures, and affiliated companies, and any employees, officers, directors, and agents of any of the aforementioned entities (collectively “ROHO”). ROHO may amend the Terms of Use at any time by posting the amended Terms 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 modifications.  The Terms of Use, and any revisions thereto, is located at http://www.therohogroup.com/Terms-of-Use Your failure to follow the Terms of Use may result in suspension or termination of your access to the Website and other disciplinary action that ROHO may take without notice.

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.

            ROHO SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THE TERMS OF USE, PRIVACY POLICY, TERMS AND CONDITIONS OF SALE, THE 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.

            CERTAIN 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

            The 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.

            If 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 info@therohogroup.com.

            While using the Website, its services and tools, you will not:

                        Violate any laws, third party rights or ROHO’s Terms of Use;

                        Provide 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 Website users;

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

            Without 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 tools.

Content and Intellectual Property Rights

            All 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.

            The 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. 

            If 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. 

Indemnity

            You 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 Terms of Use or Privacy Policy, or your violation of any law or the rights of a third party. 

Resolution of Disputes and Choice of Forum

The Terms of Use shall be governed 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.

              If a dispute arises between you and ROHO, you agree that any claim or controversy at law or equity that arises out of this Terms of Use or your use of the Website, 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 Terms of Use.  Any Claim shall be resolved through final and binding arbitration 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.   

Any 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. 

            All Claims you bring against ROHO must be resolved in accordance with this section of the Terms of Use.  All Claims 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. 

General Provisions

            If any provision of this Terms of Use is held to be invalid or unenforceable, such 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 translation of the Terms of Use into a language other than English, the provisions of the English-language version shall prevail and govern in the events of any conflict or inconsistency in interpretation.