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Terms of use

TERMS OF USE

RoamingCabbage

 

Version Date: 7/1/2015

 

TERMS OF USE AGREEMENT

 

This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and Roaming Cabbage, LLC and its affiliated companies (collectively, “Company” or “we” or “us” or “our”), concerning your access to and use of the www.RoamingCabbage.com website as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, “RoamingCabbage”). Operating rules, policies, price schedules and other supplemental terms and conditions or documents may be posted on our website or in our application from time to time, are hereby expressly incorporated into this Agreement by reference.

 

RoamingCabbage is hosted in the United States. Company makes no representation that RoamingCabbage is appropriate or available in other locations. The information provided on RoamingCabbage is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access RoamingCabbage from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use RoamingCabbage. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using RoamingCabbage. Persons under the age of 13 are not permitted to register for RoamingCabbage or use RoamingCabbage.

 

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE ROAMINGCABBAGE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS ROAMINGCABBAGE.

 

 

RoamingCabbage SERVICES GENERALLY

 

RoamingCabbage provides a platform and marketplace for marketing, buying and selling a wide variety of goods and services. These goods and services may include traditional merchandise (e.g., clothes, electronics, furniture, etc.), licensing of images, access to content (e.g., news reporting, fiction, commercial copy, etc.), provision of any type of service and pretty much whatever else can be bought and sold via our website and mobile app. RoamingCabbage will be an evolving platform and marketplace reflecting a combination of our concepts and users’ ideas.

 

That said, RoamingCabbage is not a seller of any of these goods or services, and RoamingCabbage does not investigate buyers and sellers, or monitor any proposed transactions. All transactions and payments occur directly between buyers and sellers, and RoamingCabbage is not responsible for fulfillment by either party to a transaction of each party’s obligations. Users must act responsibly and with due diligence when entering into transactions with other users.

 

Each user hereby waives any right of action against RoamingCabbage for damages or other claims arising from any transaction or other interactions between users of RoamingCabbage.

 

Each user represents and warrants that the user will use RoamingCabbage in strict compliance with all laws and regulations, including, without limitation, laws regulating marketing, advertising, security, and privacy, such as the Telemarketing and Consumer Fraud and Abuse Prevention Act (including the Telemarketing Sales Rule and “Do Not Call” regulations), the Telephone Consumer Protection Act, the Federal Trade Commission Act, the CAN-SPAM Act of 2003, and all other related federal and state laws and regulations

 

 

PURCHASES

 

Users must purchase, or otherwise receive from RoamingCabbage, credits which are used for making postings on RoamingCabbage for the marketing of goods and services. The price for credits is listed on or through RoamingCabbage. Prior to having credits charged for making postings, RoamingCabbage will notify users of the price in credits charged for making particular postings. Different types of postings will vary in the number of credits charged. The cost of purchasing credits and the number of credits charged for making postings may be changed by RoamingCabbage at any time.

 

Company bills you through an online billing account for purchases of credits. You agree to pay Company all charges at the prices then in effect for the credits you or other persons using your billing account may purchase, and you authorize Company to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Company.

 

REFUNDS

 

Credits purchased are non-refundable. Additionally, if RoamingCabbage removes a posting due to a violation of this Agreement, then Company will not have any obligation to refund to a user the credits used for such posting.

 

USER REPRESENTATIONS

 

Regarding Your Registration

 

By using RoamingCabbage, you represent and warrant that:

 

  1. all registration information you submit is truthful and accurate;
  2. you will maintain the accuracy of such information;
  3. you will keep your password confidential and will be responsible for all use of your password and account;
  4. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use RoamingCabbage; and
  5. your use of RoamingCabbage does not violate any applicable law or regulation.

 

You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by RoamingCabbage’s registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of RoamingCabbage (or any portion thereof).

 

We reserve the right to remove or reclaim or change a user name you select if we determine appropriate in our discretion, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user's actual name.

 

Regarding Content You Provide

 

RoamingCabbage provides you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to RoamingCabbage relating to goods and services you market through RoamingCabbage, including, without limitation, text, writings, video, audio, photographs, graphics, and RoamingCabbage may also invite you to chat or participate in blogs, message boards, online forums, posting product and service reviews, comments, suggestions or personally identifiable information or other material (collectively "Contributions"). Any Contributions you transmit to RoamingCabbage will be treated as non-confidential. When you create or make available a Contribution, you thereby represent and warrant that:

 

  1. the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does 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;
  2. you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Company and RoamingCabbage users to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;
  3. you have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by RoamingCabbage;
  4. your Contribution does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;
  5. your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by Company), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of the government of the United States, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
  6. your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or wellbeing of minors;
  7. your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
  8. if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to make available the Contribution, or (ii) secured from your employer a waiver as to all rights in or to your Contribution;
  9. your Contribution does not violate any state or federal law designed to regulate electronic advertising;
  10. your Contribution does not amount to trolling, or the making of controversial statements for the sole purpose of generating responses by others;
  11. your Contribution does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on Company’s or others’ computers or equipment, designed to enable you or others to gather information about or monitor the online or other activities of another party;
  12. your Contribution does not inundate RoamingCabbage with communications or other traffic suggesting no serious intent to use RoamingCabbage for its stated purpose;
  13. your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation; and
  14. your Contribution does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by Company in its sole discretion.

 

GUIDELINES FOR REVIEWS

Company may accept, reject or remove reviews in its sole discretion. Company has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Those persons posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the person/entity being reviewed; (2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers should not make any conclusions as to the legality of conduct; and (5) reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by Company, and do not represent the views of Company or of any affiliate or partner of Company. Company does not assume liability for any review or for any claims, liabilities or losses resulting from any review. By posting a review, the reviewer hereby grants to Company a perpetual, non-exclusive, worldwide, non-exclusive, royalty-free, fully-paid, assignable and sublicensable license to Company to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.

 

CONTRIBUTION LICENSE

 

By posting Contributions to any part of RoamingCabbage, or by otherwise making them accessible to RoamingCabbage, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images you provide. By uploading your Contributions, you hereby warrant that your Contributions are free of any digital rights management, including any software designed to limit the number of times the Contributions may be copied or played. Company does not assert any ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.

 

Company has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Agreement.

 

By uploading your Contributions to RoamingCabbage, you hereby authorize Company to grant to each end user a personal, limited, non-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access, download, print and otherwise use your Contributions for their internal purposes and not for distribution, transfer, sale or commercial exploitation of any kind.

 

APPLICATION LICENSE

 

Use License

 

If you are accessing RoamingCabbage via our mobile application, then Company grants you a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless handsets owned and controlled by you, and to access and use the application on such devices strictly in accordance with the terms and conditions of this license and this Agreement. You shall use the application strictly in accordance with the terms of this license and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application; (c) violate any applicable laws, rules or regulations in connection with your access or use of the application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the application; (e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (g) 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; (h) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (i) use any proprietary information or interfaces of Company or other intellectual property of Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application.

 

SOCIAL MEDIA 

We may provide you the option to connect your account on RoamingCabbage to your account on some social networking sites (such as via Facebook Connect) for the purpose of logging in, uploading information or enabling certain features on RoamingCabbage. When enabling this feature, we will disclose to you the information we collect from the connected social networking site, and will use such information in compliance with our Privacy Policy. Once connected, other users may also be able to see information about your social network, such as the size of your network and your friends, including common friends. By connecting your account on RoamingCabbage to your account on any social networking site, you hereby consent to the continuous release of information about you to us. We will not send any of your account information to the connected social networking site without first disclosing that to you. You can always disconnect the accounts via your account settings page. Each social network may further allow you to set privacy controls around your information on their system, and our collection of information will always follow such controls and permissions. This feature is subject to continuous change and improvement by us and each social networking site involved, and therefore the available features and shared information are subject to change without notice to you.

SUBMISSIONS

 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about RoamingCabbage ("Submissions") provided by you to Company are non-confidential and Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

PROHIBITED ACTIVITIES

 

You may not access or use RoamingCabbage for any other purpose other than that for which Company makes it available. Prohibited activity includes, but is not limited to:

 

  1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
  2. systematic retrieval of data or other content from RoamingCabbage to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company;
  3. making any unauthorized use of RoamingCabbage, 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;
  4. disguising the origin of any information or inquiry transmitted through RoamingCabbage or using tools which anonymize your internet protocol address (e.g. anonymous proxy) to access RoamingCabbage;
  5. engaging in unlawful multi-level marketing (such as a pyramid scheme);
  6. offering any contest, giveaway or sweepstakes without Company’s prior written consent;
  7. posting anyone’s identification documents or sensitive financial information, or otherwise revealing any personal information about another individual, including another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
  8. using any information obtained from RoamingCabbage in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
  9. tricking, defrauding or misleading Company and other users, especially in any attempt to learn sensitive account information such as passwords;
  10. making improper use of Company’s support services or submitting false reports of abuse or misconduct;
  11. engaging 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;
  12. interfering with, disrupting, or creating an undue burden on RoamingCabbage or the networks or services connected to RoamingCabbage;
  13. attempting to impersonate another user or person or using the username of another user;
  14. selling or otherwise transferring your profile;
  15. using any information obtained from RoamingCabbage in order to harass, abuse, or harm another person;
  16. using RoamingCabbage as part of any effort to compete with Company or to provide services as a service bureau;
  17. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of RoamingCabbage;
  18. attempting to bypass any measures of RoamingCabbage designed to prevent or restrict access to RoamingCabbage, or any portion of RoamingCabbage;
  19. harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion of RoamingCabbage to you;
  20. deleting the copyright or other proprietary rights notice from any Contribution or Company Content;
  21. copying or adapting RoamingCabbage’s software including but not limited to Flash, PHP, HTML, JavaScript or other code;
  22. uploading or transmitting (or attempt to upload or to transmit) viruses, Trojan horses 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 RoamingCabbage or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of RoamingCabbage;
  23. uploading or transmitting (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"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms");
  24. except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses RoamingCabbage, or using or launching any unauthorized script or other software;
  25. engaging in cheating or any other activity deemed by Company to be in conflict with the spirit or intent of RoamingCabbage.
  26. disparaging, tarnishing, or otherwise harming, in Company’s opinion, Company and/or RoamingCabbage; and
  27. using RoamingCabbage in a manner inconsistent with any and all applicable laws and regulations.

 

 

Limitations of Use of Other User’s Information; No Spam

 

You agree that, with respect to other users' personal information that you obtain through RoamingCabbage or through any RoamingCabbage-related communication or any RoamingCabbage-facilitated transaction, we have granted to you a license to use such information only for: (a) any RoamingCabbage-related communications that are not unsolicited commercial messages, (b) using services offered through RoamingCabbage, (c) facilitating a financial transaction between you and the other user (such as charging a personal credit card) and (d) any other purpose that a user expressly agrees to after you tell them the purpose you would like to use it for. In all cases, you must give users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, can you disclose personal information about another user to any third party without both our consent and the consent of the other user.

 

INTELLECTUAL PROPERTY RIGHTS

 

The content on RoamingCabbage (“Company Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Company, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Company in the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

 

Company Content on RoamingCabbage is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Systematic retrieval of data or other content from RoamingCabbage to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company is prohibited. Provided that you are eligible to use RoamingCabbage, you are granted a limited license to access and use RoamingCabbage and the Company Content and to download or print a copy of any portion of the Company Content to which you have properly gained access solely for your personal, non-commercial use. Company reserves all rights not expressly granted to you in and to RoamingCabbage and Company Content and Marks. If you download or print a copy of the Company Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of RoamingCabbage or features that prevent or restrict use or copying of any Company Content or enforce limitations on use of RoamingCabbage or the Company Content therein.  The use and access rights granted herein do not include any right to use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to RoamingCabbage, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that is competitive with RoamingCabbage.

 

SOFTWARE

 

RoamingCabbage may include software for use in connection with RoamingCabbage. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then Company grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with RoamingCabbage and in accordance with these Terms of Use.

 

THIRD PARTY WEBSITES AND CONTENT

 

RoamingCabbage contains (or you may be sent through RoamingCabbage) links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through RoamingCabbage or any Third Party Content posted on, available through or installed from RoamingCabbage, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave RoamingCabbage and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from RoamingCabbage or relating to any applications you use or install from RoamingCabbage. Any purchases you make through Third Party Websites will be through other websites and from other companies, and Company takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

 

SITE MANAGEMENT

 

Company reserves the right but does not have the obligation to:

 

  1. monitor RoamingCabbage for violations of this Agreement;
  2. take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
  3. in Company’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s Contribution or any portion thereof that may violate this Agreement or any Company policy;
  4. in Company’s sole discretion and without limitation, notice or liability to remove from RoamingCabbage or otherwise disable all files and content that are excessive in size or are in any way burdensome to Company’s systems;
  5. terminate the accounts of repeat infringers; and
  6. otherwise manage RoamingCabbage in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of RoamingCabbage.

 

PRIVACY

 

We care about the privacy of our users. Please review the Company Privacy Policy. By using RoamingCabbage, you are consenting to have your personal data transferred to and processed in the United States. By using RoamingCabbage, you are consenting to the terms of our Privacy Policy.

TERM AND TERMINATION

 

This Agreement shall remain in full force and effect while you use RoamingCabbage or are otherwise a user or member of RoamingCabbage, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings.

 

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF ROAMINGCABBAGE, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN ROAMINGCABBAGE, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION.

 

In order to protect the integrity of RoamingCabbage, Company reserves the right at any time in its sole discretion to block certain IP addresses from accessing RoamingCabbage.

 

Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.

YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS.  TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS.  THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.

 

MODIFICATIONS

 

To Agreement

 

Company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on RoamingCabbage and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use RoamingCabbage after any such modification becomes effective. Company may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check RoamingCabbage for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting. Additionally, modifications made to this Agreement applicable to dispute resolution shall not apply to disputes arising prior to the effective date of the modification.

 

To Services

 

Company reserves the right at any time to modify or discontinue, temporarily or permanently, RoamingCabbage (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of RoamingCabbage.

 

DISPUTES

 

Between Users

 

If there is a dispute between users of RoamingCabbage, or between users and any third party, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or RoamingCabbage.

 

With Company

 

All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to RoamingCabbage shall be governed and construed by the law of the State of New York, excluding such state’s conflicts of law rules.  Any legal action of whatever nature by or against Company arising out of or related in any respect to RoamingCabbage shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over Richmond County, New York; subject, however, to the right of Company, at the Company's sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to RoamingCabbage (including your visit to or use of RoamingCabbage) be instituted more than two (2) years after the cause of action arose. You will be liable for any attorneys' fees and costs if we have to take any legal action to enforce this Agreement.

 

CORRECTIONS


Occasionally there may be information on RoamingCabbage that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

 

DISCLAIMERS

 

Company cannot control the nature of all of the goods, services or content available on RoamingCabbage. By operating RoamingCabbage, Company does not represent or imply that Company endorses any goods, services, blogs, Contributions or other content available on or linked to by RoamingCabbage, including without limitation content hosted on third party websites or provided by third party applications, or that Company believes Contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on RoamingCabbage or in connection with any Contributions. Company is not responsible for the conduct, whether online or offline, of any user of RoamingCabbage.

 

YOU AGREE THAT YOUR USE OF ROAMINGCABBAGE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH ROAMINGCABBAGE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ROAMINGCABBAGE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF ROAMINGCABBAGE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM ROAMINGCABBAGE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH ROAMINGCABBAGE BY ANY THIRD PARTY, AND/OR (F) 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 ROAMINGCABBAGE, OR GOODS OR SERVICES MARKETED ON ROAMINGCABBAGE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH ROAMINGCABBAGE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND 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.

 

The Company reserves the right to change any and all content, software and other items used or contained in RoamingCabbage at any time without notice.

 

LIMITATIONS OF LIABILITY

 

IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF ROAMINGCABBAGE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY DURING THE PERIOD OF 3 MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING AND $50.

 

CERTAIN STATE 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.

 

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." 

 

 

INDEMNITY

 

You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your Contributions, use of RoamingCabbage, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate, at your expense, with Company’s defense of such claims. Company 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.

 

SWEEPSTAKES

From time to time, Company may conduct sweepstakes that entitle the winners to prizes. Each sweepstakes has its own terms and conditions, set forth in the official rules for that sweepstakes.

 

NOTICES

 

Except as explicitly stated otherwise, any notices given to Company shall be given by email in accordance with the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail or discussion forum postings.

 

USER DATA

 

RoamingCabbage will maintain certain data that you transfer to RoamingCabbage for the purpose of the performance of RoamingCabbage, as well as data relating to your use of RoamingCabbage. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using RoamingCabbage.  You agree that Company shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Company arising from any such loss or corruption of such data.

 

ELECTRONIC CONTRACTING

 

Your use of RoamingCabbage includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO ROAMINGCABBAGE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

 

MISCELLANEOUS

 

This Agreement constitutes the entire agreement between you and Company regarding the use of RoamingCabbage. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. Company may assign any or all of its rights and obligations to others at any time. Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company's reasonable control.  If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Company by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.

 

CONTACT US  In order to resolve a complaint regarding RoamingCabbage or to receive further information regarding use of RoamingCabbage, please contact Company as set forth below or, if any complaint with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254. 

Roaming Cabbage, LLC (“Company”)

20 President St

Staten Island, NY 10314

Fax: 718-504-4451

Email: support@RoamingCabbage.com

Phone: 718-576-2280

 

 

 

 

About Roaming Cabbage

Roaming Cabbage is an online market place where you can sell your items, post articles, offer services in your free time and get paid. You can also get some valuable how-to tips or you can get paid for a solution to someone's problem. Snap and post your wares and start making money with your cell phone. Whether you are a writer, photographer, painter, reporter, massage therapists or even a  dog walker just post your services or items on RoamingCabbage.com and interested customers will contact you through our website. All of this can be done in just few simple steps. Download our mobile app today.