ROCKALOO

TERMS OF USE AGREEMENT

Last Revised January 19, 2016

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THESE TERMS OF USE CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU IF YOU REGISTER, PARTICIPATE IN AND/OR USE OUR SITE.

The following Terms of Use Agreement (“Terms of Use”) governs your access to and use of PBE PBD Inc. d/b/a ROCKALOO’s website, mobile sites or mobile applications (collectively, our “Site”), including any content, functionality and services offered on or through our Site, whether as a guest or a registered user.

Please read the terms contained in these Terms of Use carefully. These Terms of Use, together with any other disclosures, updates, rules, postings, bulletins, or other terms listed or communicated on or through our Site (collectively, the “Agreement”), constitutes a legal and binding agreement between you and PBE PBD Inc. d/b/a ROCKALOO (“Company,” “we,” or “our”). By downloading, using or registering on any aspect of our Site, you agree to comply with all terms set forth in the Agreement. If you cannot agree with these terms, please do not download, register for or use our Site.

We make various services available on our Site, including but not limited to information provided by third parties about locations where one may use restrooms for a fee. A provider of a restroom (“Provider”) is responsible for providing a restroom to a user.  A user or seeker of a restroom (“User” or “you”) is responsible for finding and paying, through our Site, for the use of the Provider’s restroom.

Privacy

Any personally identifiable information we may collect from you is subject to the guidelines established in our Privacy Policy, located at http://www.rockaloo.com/terms_of_use.php. The Privacy Policy is hereby incorporated into and made a part of this Agreement.

Violations Of Terms

In addition to any legal remedies that Company may have for your violation of the terms of this Agreement, your failure to follow these terms, whether listed in these Terms of Use or communicated on or through our Site, may result in suspension or termination of your access to our Site without notice.

Changes To Our Site

Company may, at its sole discretion, modify, change, update or release subsequent versions of our Site and underlying data and require you to obtain and use the most current version. Company is not responsible or liable for the impact such changes or updates to or releases of our Site may have on your device or systems.  In addition, we reserve the right to make changes to this Terms of Use at our sole discretion with or without notice to you. Your continued use of our Site shall constitute acceptance and continued agreement to be bound by these Terms of Use as the terms are updated. You agree that it is your responsibility to refer to these Terms of Use periodically to note any changes.

Payments

Providers register with our Site to publicize the availability of public restrooms for use at a price set by each Provider. Users register with our Site to view the availability of such restrooms. When a User purchases the use of a particular Provider’s restroom, the User, through our Site, pays a set fee to Company. Users understand that no refunds shall be given.

Site Content

The Site may contain graphics, text, photographs, images, video, audio, software, code, and other material that is provided by Company or its licensors (collectively, “Site Content”). Company (and its licensors) grant you a limited, non-exclusive, non-transferable license to download and use the Site Content on a designated compatible mobile device, solely for your own personal, non-commercial use. You shall not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Site Content except as expressly provided for in this Agreement.

Third Party Websites

Our Site may contain links to other sites that are neither owned nor operated by Company. The links provided on our Site are provided solely for your convenience and may assist you in locating other useful information on the Internet. Our Site makes no representations whatsoever regarding the accuracy of the information contained on such third party websites, and Company disclaims all responsibility relating to or resulting from your use of such third party websites. 

Indemnity

You agree to indemnify, defend and hold Company, its affiliates and subsidiaries and third party service providers, and each of their respective officers, directors, members, employees, independent and sub-contractors, agents, representatives, successors and assigns from and against any and all liabilities, demands, losses, damages, costs, expenses, fines and amounts paid in settlements or judgments, including without limitation, costs, reasonable attorneys’ fees, which may arise from or are in connection with (i) your unauthorized use of information obtained through our Site, (ii) your breach of this Agreement, (iii) your use of our Site, or (iv) any interactions between Providers and you, as a User.

Disclaimers

OUR SITE IS PROVIDED “AS IS” WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE WEBSITE OR ITS CONTENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Company does not warrant that our Site will be uninterrupted or error-free, that defects will be corrected, or that our Site is free of viruses or other harmful components. Company does not make any representations or warranties regarding the use or the results of the use of the information contained in our Site in terms of their correctness, accuracy, reliability or otherwise.

You understand and agree that the downloading of our Site to your device is at your own discretion and risk. You will be solely responsible for any damages to your device or system or loss of data that results from such download and use.

Users accept that our Site makes no warranties or representations for the conditions of a Provider’s restroom and Company disclaims all responsibility relating to or resulting from User’s use or access of a Provider’s property. Therefore, Users hold Company harmless for any User experiences when using or accessing a Provider’s property.

Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE OUR SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) ANY INTERACTION BETWEEN A PROVIDER AND USER, WHETHER SUCH INTERACTION LEADS TO CIVIL DAMAGES OR CRIMINAL ACTIVITY AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (iv) ANY OTHER MATTER RELATING TO OUR SITE. FURTHER, COMPANY SHALL NOT BE LIABLE FOR ANY LIABILITIES THAT MAY ARISE OUT OF MEETINGS BETWEEN PROVIDERS AND USERS AS A RESULT OF OUR SITE.  Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Arbitration, Choice Of Law.

YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and Company must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in New York County, New York. The arbitrator's ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in New York County, New York.  This Agreement shall be governed by and construed solely and exclusively in accordance with the laws of the State of New York without giving effect to any law that would result in the application of the law of another jurisdiction.

Severability and Waiver

The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of or related to use of our Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

User Contributions

By submitting content, regardless of form or medium, including but not limited to reviews, feedback, graphics, text, photographs, images, video, audio or other material (collectively, “User Contributions”), you grant us a non-exclusive, perpetual, irrevocable, world-wide, royalty-free, license to use, publish, publicly display and sublicense User Contributions, in whole or in part, in original form or as edited or modified by us, in all languages, forms and media, on the Site and elsewhere, unless otherwise agreed to in writing. We reserve the right, but not the obligation, to monitor, edit, modify and/or remove your User Contributions without prior notice.

You are solely responsible for your User Contributions, and you represent that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (ii) use a false identity or impersonate any other person or use a name that you are not authorized to use; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, encourages conduct that would be considered a criminal offense, or give rise to civil liability or is otherwise inappropriate, or that constitutes junk mail, spam, advertising, and/or commercial offers.

Rules of Usage

You agree to be fully responsible for your own conduct while using our Site, and the conduct of those you allow to use, or provide access to, our Site, and for any consequences thereof. You agree to use our Site only for purposes that are legal, proper and in accordance with these Terms of Use. By way of example, and not as a limitation, you agree that when using our Site, you will not:

All feedback, comments, requests and other communication relating to our Site or these Terms of Use shall be directed to email address(es) listed on our Site:  info@rockaloo.com