Please Read Carefully. Updated: November 14, 2019
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND ROIN WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT AND/OR CLASS-WIDE ARBITRATION.
CHANGES TO TERMS
DESCRIPTION OF SERVICES
General. The Services are intended to provide logistic brokerage services and/or transportation management services by enabling (i) brokers with access to track carriers and/or specific drivers; and (ii) carriers and/or drivers with the ability to access available shipments and related status and logistics information.
SCOPE OF USE
Eligibility. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers get parental consent before they knowingly collect personally identifiable information online from children under the age of thirteen (13). Company does not knowingly collect or solicit information from children under the age of thirteen (13). You represent and warrant that you are at least thirteen (13) years of age, provided that if you are under eighteen (18) years of age, your use of the Services is subject to requirements of parental consent. If you are under age thirteen (13), you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person and/or entity and change its eligibility criteria at any time. If we learn we have collected personal information from a child under the age of thirteen (13), we will delete the information, so please contact us at firstname.lastname@example.org if you think a child has provided us personal information.
Use of Services and Availability. Use of the Services is at your own risk, including without limitation the risk that you might be exposed to content that is offensive, indecent, inaccurate, or objectionable. Roin retains the right, in our sole and absolute discretion, to deny service and/or access to and/or use of the Services to anyone at any time and for any reason without liability. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time. You understand and agree that there may be interruptions to the Services and/or access to your User Account (defined below) due to circumstances both within our control (e.g., routine maintenance) and outside of Roin’s control, for which Roin will bear no responsibility. The Services may be modified, updated, suspended and/or discontinued at any time without notice and/or liability.
parties hereby waive any objection to the contrary. By placing a name or other identifier on any such electronic message, the party doing so intends to sign the message with his/her/its signature attributed to the message content. Between the parties, any such electronic documents may be introduced as evidence in any proceedings as business records originated and maintained in paper form. Neither party shall object to the admission of any such electronic document under either the best evidence rule or the business records exception to the hearsay rule. Roin shall have no responsibility or liability to any user of the Service in respect of any claim related to the signature tools provided through the Service and/or the validity of the signatures or other authorization provided through the Service including without limitation any damage, loss, destruction or for any error, act, omission, or delay of any kind occurring through a User Account.
Communications from Roin. By using the Services, you agree to receive certain communications in connection with the Services. When you access and/or use the Services, you are communicating with us electronically, and you consent to receive communications from us electronically including but not limited to notices related to the Services provided to you via email. You agree that all agreements, notices, disclosures and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting us. If you withdraw your consent to receive such records and notices electronically, we will revoke your access to the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal.
Your Responsibilities. Roin grants you the rights set forth herein, subject to the following conditions
(a) You shall not modify, disassemble, create derivative works, publicly display, reverse engineer and/or otherwise reduce to human-perceivable form all or any part of the Services;
(b) You agree not to submit and/or transmit any emails, User Content (defined in the User Content Section below), or other materials through the Services that contain a virus, worm, Trojan horse and/or any other harmful component designed to interrupt, destroy and/or limit the functionality of any computer software and/or hardware and/or telecommunications equipment, and/or that is designed to obtain unauthorized access to any information;
(c) You may not access all or any part of the Services in order to build a product or service which competes with the Services;
(d) You shall not copy, store, reproduce, duplicate, transmit or distribute a significant portion of the content on the Services;
(e) You shall not obtain or attempt to obtain any data through any means from the Services, except if we intend to provide and/or make it available to you. You are only authorized to view, use, copy for your records and download small portions of the content on the Services for your informational, non-commercial use; provided that you leave all copyright and other proprietary notices intact;
(f) You shall not pretend to be someone else, use someone else’s identity or misrepresent your affiliation with a person or entity;
(g) You are responsible for the accuracy and quality of the data and content that you submit;
(h) You agree to act in accordance with all applicable laws, rules, and regulations.
(i) You represent that you have the necessary permissions to use and authorize the use of User Content as described herein;
(j) You shall not submit User Content (defined below), in any form, that is harmful, offensive, inaccurate or otherwise inappropriate including without limitation libelous, defamatory, discriminatory, harassing, racially, ethnically, hateful, profanatory and/or otherwise objectionable;
(k) You shall not imply that User Content is in any way sponsored or endorsed by Roin;
(l) You agree not to intentionally hold Roin and/or our employees and/or directors up to public scorn, ridicule or defamation;
(m) You will not promote and/or provide information about illegal activities and/or physical harm and/or injury to any group, individual, institution and/or property;
(n) You will use commercially reasonable efforts to prevent unauthorized access to and/or use of the services and content provided on the Services, and to notify Roin promptly of any such unauthorized access and/or use;
(o) You shall not use the Services for any unlawful purpose and/or to violate any federal, state, international law, code of conduct and/or other guidelines which may be applicable to the Services provided; and
(p) You will not submit User Content that violates, plagiarizes and/or infringes the rights of third parties including, without limitation, copyright rights, trademarks, rights of privacy or publicity and/or any other proprietary right; and/or that is designed to obtain unauthorized access to any information.
Roin shall not be subject to any obligations of confidentiality regarding any information or materials provided by you unless required by law. The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Services without the prior written consent of Roin is strictly prohibited.
USE OUTSIDE DEFINED AREA
PAYMENT/PURCHASE AND FEES
Commission Fee. Once a shipment is completed within the Services, Roin will take the commission fee set forth in the Service for each order. The commission fee shall be automatically deducted from your payment account seven (7) days following the order completion.
supporting your payment accounts, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your account through the Roin platform, and the account notifications will be sent by Roin, not the third party.
Payment Account. You authorize Roin to keep your information on file through our payment facilitator and to charge your account for outstanding charges. If your information on file with us is closed or the account is changed, or if, for any reason, a charge is rejected by your card and/or bank issuer, you must update your information or supply a new account number, as appropriate, in your User Account and/or with Dwolla. If you are unable to update Dwolla account and/or your User Account with appropriate information, then Roin will send an invoice to your email address on file detailing the amount due. You must pay the amount due in full within fifteen (15) days from the date of the invoice, or your User Account will be considered past due and Roin may suspend and/or terminate your User Account, and/or any Services provided, without liability and may seek all available remedies at law and in equity.
Refunds. All fees are nonrefundable unless otherwise agreed to by Roin in its sole and absolute discretion. For any questions regarding payments and/or our refund policy, please contact us at email@example.com.
ERRORS, INACCURACIES, OMISSIONS, AND PERFORMANCE
Occasionally there may be information on the Services that contain typographical errors, inaccuracies, and/or omissions that may relate to services, contact information, address, and events. We reserve the right to: (i) correct any errors, inaccuracies, and/or omissions; and/or (ii) make changes to content, descriptions, Services and/or other information without obligation to issue any notice of such changes, except as prohibited by law. We also reserve the right to revise, suspend and/or terminate an event, content and/or promotion at any time without notice and without liability.
PROPRIETARY RIGHTS AND LICENSES
Reservation of Rights. The materials, headers, videos, illustrations, photographs, graphics and/or any other content on the Services, as well as the organization and layout of the Services, are copyrighted and are protected by United States and international copyright laws and treaty provisions. Subject to the limited rights expressly granted hereunder, Roin and/or its third-party providers reserve all right, title and interest in and to the Services and content, including all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
Feedback. If you provide us (in a direct mail, email and/or otherwise) with any feedback, suggestions, improvements, enhancement requests, corrections, ratings and reviews, recommendations, feature requests and/or other feedback provided by you or others relating to the Services (“Feedback”), then you will own this material; however, you grant to Roin a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate any such Feedback and material. Roin has no obligation to review any Feedback and may use and/or redistribute Feedback for any purpose without restriction in its sole and absolute discretion.
Gathering email addresses from Roin through harvesting or automated means is prohibited. Posting and/or transmitting unauthorized and/or unsolicited advertising, promotional materials, and/or any other forms of solicitation to other users is prohibited. We also prohibit crawling, scraping, caching, and/or otherwise accessing any content on the Services via automated means (except as may be the result of standard search engine protocols and/or technologies used with Roin’s express written consent).
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services, you warrant to Roin that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, and/or impair the Services and/or interfere with any other party’s use and/or enjoyment of the Services. You may not obtain and/or attempt to obtain any materials and/or information through any means not intentionally made available and/or provided for through the Services.
and shipment status. Roin does not itself verify the information and/or the qualifications of organizations, customers, and/or other users of the Services, nor does it evaluate or control in any ongoing manner exchanges between users. Any reviews, opinions or statements expressed by a user are of those of the user alone, and are not to be attributed to Roin and Roin does not take on any liability related thereto. Roin cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, legality and/or applicability of anything said, written, posted, displayed and/or otherwise made available by any user on and/or in relation to the Services. Please use caution and common sense when using the Services.
DATA CHARGES AND MOBILE PHONES
You are responsible for any mobile charges that you may incur for using the Services, including but not limited to data charges. If you are unsure what those charges may be, you should ask your service provider before using the Services.
In such a case, Roin retains the right to seek civil and/or criminal redress, the entire cost of which shall be borne solely by the you.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “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.”
INDEMNIFICATION AND WAIVER
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
LIMITATION OF LIABILITY
YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL ROIN, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, AND/OR SUPPLIERS BE LIABLE TO YOU AND/OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION, ATTORNEY’S FEES, THOSE RESULTING FROM LOSS OF USE, DATA AND/OR PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT
LIABILITY, AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ROIN HAS BEEN ADVISED OF THE POSSIBIITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING SHALL APPLY DESPITE ANY NEGLIGENCE, MISCONDUCT, ERRORS AND/OR OMISSIONS BY ROIN, ITS EMPLOYEES, REPRESENTATIVES AND/OR AGENTS. BECAUSESOMESTATESDONOTALLOWTHEEXCLUSIONAND/ORLIMITATIONOFLIABILITYFOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, ROIN’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN THE EVENT YOU ARE DISSATISFIED WITH THE SERVICES, RELATED SERVICES OR ANY OTHER GRIEVANCE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE THE RIGHT TO DISCONTINUE ACCESS TO, AND/OR USE OF THE SERVICES. ROIN’S MAXIMUM AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS PARTNERS AND LICENSORS, TO YOU IN ANY CIRCUMSTANCE ARISING OUT OF AND/OR RELATING TO THE SERVICES IS LIMITED TO ONE HUNDRED DOLLARS (US$100.00).
You may not link to the Services without our written permission. If you are interested in linking to the Services, please contact firstname.lastname@example.org.
THIRD PARTY SERVICES
The Services may be made available and/or accessed in connection with third party services and content that Roin does not control. Roin may post advertisements of third parties through the Services, including without limitation promotions of advertisers, location based-ads, and/or sponsors showing their goods and services. Your correspondence, participation in, and/or any other dealings with third parties found through the Services are solely between you and such third party. Roin does not endorse such third-party services and content and in no event shall Roin be liable for any products and/or services of such third-party providers. You agree that Roin shall not be responsible for any loss and/or damage of any sort incurred as a result of any such dealings and/or as the result of the presence of such third parties through the Services. Moreover, Roin shall not be responsible and/or liable for the accuracy, quality, suitability, currency and/or content of the statements and/or conduct of any third party on the Services. You are solely responsible for the costs, expenses and infrastructure required to support your use of the Services. You acknowledge and agree that Roin utilizes third party providers to provide the Services, and any terms and conditions related to such third party providers products and/or services shall govern the use of such third party providers’ products and/or services. You acknowledge and agree that Roin is not liable for the performance of any third party providers’ products and/or services.
NO PROFESSIONAL ADVICE
The information available on the Services is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. The Services are not a substitute for
professional advice, and you should not construe this as legal, tax, accounting, financial, medical and/or other professional advice. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THE SERVICES IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, AND/OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE. Roin does not, will not and cannot refer, recommend and/or endorse any specific professional service, product and/or procedures that are advertised on the Services.
DMCA COPYRIGHT POLICY AND COPYRIGHT AGENT
Roin respects the intellectual property rights of others and expects you to do the same. We reserve the right to: (a) terminate your User Account or any other user who infringes third-party copyrights, (b) block access to and/or remove material that we believe in good faith to be copyrighted material that has been illegally distributed by you and/or other third parties, and/or (c) remove and discontinue service to repeat offenders. We will respond to clear notices of copyright infringement when you provide the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled;
(iv) Information sufficient to permit Roin to contact you, such as your physical address, telephone
number, and, if available, an electronic mail address;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Contact information for Roin’s DMCA Agent for notice of claims of copyright infringement is: Roin, Inc. Attn: Copyright Agent, 222 W. Merchandise Mart Plaza, Suite 1212, Chicago, Illinois 60654.
The Copyright Agent will not remove content from the Services in response to phone or email notifications regarding allegedly infringing content, since a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit such notifications by fax or ordinary mail only and as further described by this Section. The
Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Services linked to and/or from the Services. All other inquiries directed to the Copyright Agent will not be responded to.
Exceptions to Agreement to Arbitrate. Notwithstanding anything herein to the contrary, either you and/or Roin may assert claims, if it qualifies, in small claims court in Chicago, Illinois, and Roin may bring a lawsuit solely for injunctive relief to stop unauthorized use and/or abuse of the Services, breach of Roin’s Confidential Information and/or intellectual property infringement (for example, trademark, trade secret, copyright and/or patent rights) without first engaging in arbitration and/or the information dispute-resolution process described herein.
Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you and/or your claim, you and Roin agree that any judicial proceeding (other than small claims actions) willbe brought in the federal or state courts of Chicago, Illinois. Both you and Roin consent to the foregoing venue and jurisdiction.