Terms of Service
These Terms of Service (“Terms of Service”) are entered into between
Rogo Technologies, Inc and its affiliates (together, “Rogo”) and any entity or
person who agrees to them as set forth below (“You”). The Terms of Service
explain the terms by which you may access and use Rogo’s website, the
Rogo SaaS product, and any other Rogo services that incorporate these
Terms of Service by reference (together, the “Service”).
Updated on February, 21 2023
Index
These Terms of Service (“Terms of Service”) are entered into between
Rogo Technologies, Inc and its affiliates (together, “Rogo”) and any entity or
person who agrees to them as set forth below (“You”). The Terms of Service
explain the terms by which you may access and use Rogo’s website, the
Rogo SaaS product, and any other Rogo services that incorporate these
Terms of Service by reference (together, the “Service”).
By accessing or using the Service, or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by these Terms of Service, and have read and understood our Privacy Policy, whether or not you are a registered user of our Service. Rogo reserves the right to modify these terms and will provide notice of these changes as described below.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS OF SERVICE CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT USE ANY SERVICE.
By accessing or using the Service, or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by these Terms of Service, and have read and understood our Privacy Policy, whether or not you are a registered user of our Service. Rogo reserves the right to modify these terms and will provide notice of these changes as described below.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS OF SERVICE CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT USE ANY SERVICE.
Intellectual Property
The Service and all of the content, except for your Data (as defined below),
that is contained therein or transferred thereby, including but not limited to
text, content, photographs, video, audio and graphics, goods, designs,
information, applications, software, articles, directories, guides, photographs
as well as the trademarks, service marks, trade names, trade dress,
copyrights, logos, domain names, subdomains, code, patents and/or any
other form of intellectual property (together, the “Rogo Content”), is the
exclusive property of Rogo and its licensors. Except as explicitly provided
herein, nothing in these Terms of Service shall be deemed to create a right
or license in or under any patent rights, copyright rights, moral rights, rights
of publicity, trademark, trade dress and service mark rights, goodwill, trade
secret rights and other intellectual property rights as may now exist or
hereafter come into existence, and all applications therefore and
registrations, renewals and extensions thereof, under the laws of any state,
country, territory or other jurisdiction (together, the “Intellectual Property
Rights”), and you agree not to sell, license, rent, modify, distribute, copy,
reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or
create derivative works from any Rogo Content. Use of the Rogo Content for
any purpose not expressly permitted by these Terms of Service is strictly
prohibited
Limited Rights
Subject to the terms and conditions of these Terms of Service, you are
hereby granted a non-exclusive, limited, non-transferable, freely revocable
right to access and use the Service as permitted by the features of the
Service. Rogo reserves all rights not expressly granted herein in the Service
and the Rogo Content (as defined above). Rogo may terminate this grant of
rights at any time for any reason or no reason.
Rogo
Rogo means the object code of Rogo’s proprietary computer programs or
modules included in the Service, as may be updated from time to time. For
the applicable fee, Rogo grants you a non-exclusive, limited, non-
transferable, freely revocable right to access and use Rogo during your
subscription term, in accordance with these Terms of Service and the Rogo
Product Description. Rogo and its licensors own and retain all title,
Intellectual Property Rights, and interest in and to Rogo and all portions and
any derivative works thereof.
Restrictions of Use
While using the Service, you will comply with all applicable laws, rules and
regulations. Your use of the Service is conditioned on your compliance with
the restrictions listed below. Any failure to comply may result in termination
of your access to the Service, at Rogo’s sole discretion. In using the Service,
you agree that you will not, and will not allow or authorize any third party to:
Input, distribute, upload, post, email, transmit or otherwise make available
any content through the Service that:
- is illegal, fraudulent, deceptive, invasive of another’s privacy, tortious
or unauthorized by these Terms of Service;
- is promotional in nature, without the prior written consent of Rogo, or
constitutes spam, pyramid schemes or the like;
- is offensive, vulgar, harassing, threatening, discriminatory, racist,
hateful or otherwise harmful, against any individual or group;
- contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware, or telecommunications equipment;
- infringes any Intellectual Property Rights of Rogo or any third party;
- constitutes the personally identifiable information of any third party
that you do not have adequate rights to input, distribute, upload, post,
email, transmit or otherwise make available via the Service;
- you do not have the right to under any law or contractual or fiduciary
relationship.
-
- Except as expressly permitted by Rogo in writing, copy, reproduce,
recompile, decompile, disassemble, reverse engineer, distribute, publish,
display, perform, modify, upload to, create derivative works from, transmit,
transfer, upload, edit, post, frame, link or in any way exploit any part of the
Service.
- Use any of the trademarks, trade names, service marks, copyrights or logos
of Rogo in any manner that creates the impression such items belong to or
are associated with you or are used with Rogo’s consent.
- Either obtain or attempt to obtain through any means any materials or
information on the Service that have not been intentionally made publicly
available either by public display on the Service or through accessibility by a
visible link on the Service.
- Interfere with or attempt to interfere with or otherwise disrupt the proper
working of the Service, any activities conducted on or through the Service or
any servers or networks connected to the Service.
- Violate the security of the Service or attempt to gain unauthorized access
to the Service, data, materials, information, computer systems or networks
connected to any server associated with the Service, through hacking or any
other means.
- Either take or attempt any action that, in the sole discretion of Rogo,
imposes or may impose an unreasonable burden on the Service or the
infrastructure of the Service, or otherwise abuse the Service.
- Use any software, device or any other process to “scrape” or download
data from the Site.
- Alter, remove or obscure any copyright notice, digital watermark,
proprietary legend or any other notice included in materials in the Service.
- Use or permit the Service to be used to perform services for third parties,
including as a service bureau, SaaS, time sharing basis or otherwise.
- Distribute, sell, license or otherwise provide the Service to third parties.
- Use the Service with unauthorized equipment or products.
- Create programs similar or identical to Rogo.
No implied licenses are granted by Rogo under these Terms of Service. You
are responsible for all use of Rogo by anyone you allow to access Rogo using
your User Account (as defined below).
Registration and Account Creation
To register to use the Service, you may be required to provide Rogo with the
information requested in the registration process, including your name, email
address and payment information. As part of the account creation process
necessary to obtain access to certain portions of the Service, you will provide
Rogo with accurate, truthful, complete and updated registration information.
You are responsible for all activities that occur under your account on the
Service (“User Account”), and you must keep your User Account password
secure. We encourage you to use “strong” passwords (passwords that use a
combination of upper- and lower-case letters, numbers and symbols) with
your User Account. Rogo is not responsible for unauthorized access to your
User Account, and will not be liable for any losses caused by any
unauthorized use of your User Account. You will contact Rogo immediately if
you believe an unauthorized third party may be using your account or if your
account information is lost or stolen. You may never use another user’s User
Account without permission.
Fees
Rogo reserves the right at any time to charge fees for access to any portion
of the Service. You shall pay Rogo the fees for the Service based on the
pricing schedule and billing information. All fees are payable through our
payment processor. You will be responsible for all taxes resulting from the
performance of the Service other than taxes on Rogo’s income. If all or any
part of any payment owed to Rogo under these Terms of Service is withheld,
based upon a claim that such withholding is required pursuant to the tax
laws of any country or its political subdivisions and/or any tax treaty between
the U.S. and any such country, such payment shall be increased by the
amount necessary to result in a net payment to Rogo of the amounts
otherwise payable under these Terms of Service. All fees paid or payable
under these Terms of Service are non-refundable. Rogo may change its fees
and payment terms at its discretion.
Communications
Rogo may provide notifications, whether such notifications are required by
law or are for marketing or other business-related purposes, to you via email
notice, written or hard copy notice, or through posting of such notice on our
website, as determined by Rogo in Rogo’s sole discretion. Rogo reserves the
right to determine the form and means of providing notifications to you,
provided that you may be able to opt out of certain means of notification.
Rogo is not responsible for any automatic filtering you or your network
provider may apply to email notifications we send to the email address you
provide us. By using the Service, you consent to receiving electronic
communications from Rogo. These electronic communications may include
notices about applicable fees and charges related to the Service and
transactional or other information concerning or related to the Service. These
electronic communications are part of your relationship with Rogo and you
receive them as part of your use of the Service. You agree that any notices,
agreements, disclosures or other communications that we send you
electronically will satisfy any legal communication requirements, including
that such communications be in writing.
Your Data
You represent and warrant to Rogo that: (a) you or your licensors own all
right, title, and interest in and to any and all permitted electronic data
uploaded and stored by you in the Service (your “Data”); (b) you have all
rights in your Data necessary to grant the rights contemplated by these
Terms of Service; and (c) none of your Data violates these Terms of Service,
any applicable law or regulation or any third party’s Intellectual Property
Rights. Subject to the terms and conditions of these Terms of Service, you
hereby grant Rogo a non-exclusive, limited right to access and use your Data
to provide you with the Service and as otherwise required to exercise Rogo’s
rights or perform its obligations pursuant to these Terms of Service.
You are solely responsible for the development, content, operation,
maintenance, and use of your Data. Your Data does not include Prohibited
Information as defined below. You will ensure that your Data, and our use of
it, complies with these Terms of Service and any applicable laws and
regulations. You are responsible for properly configuring and using the
Service and taking your own steps to maintain appropriate security,
protection and backup of your Data. You hereby consent that Rogo may use
your Data, the queries you submit to the Service, and metadata about your
usage of the Service to measure and improve the Service and support your
usage of the Service.
To the extent that Rogo processes any Data that includes any “personal
data” as such term is defined in the EU General Data Protection Regulations
(“GDPR”) and/or any “personal information” as such term is defined in the
California Consumer Privacy Act (“CCPA”), on your behalf as a GDPR data
“processor” or “sub-processor” or as a CCPA “service provider” as a result of
hosting such personal data or otherwise as a result of your use of the
Service, Rogo shall do so.
You represent, warrant and covenant that you will not use the Service to
collect, manage, store or process any credit or debit card numbers,
associated passwords, protected health information, personally identifiable
financial information, or other sensitive data (“Prohibited Information”).
Security
Rogo cares about the integrity and security of your Data, and will use
commercially reasonable efforts designed to prevent the unauthorized
disclosure or destruction of your stored Data. However, we cannot guarantee
that unauthorized third parties will never be able to defeat our security
measures or use your personal information for improper purposes. You
acknowledge that you provide your Data at your own risk.
Confidential Information
“Confidential Information” means any proprietary information that is marked
“confidential” or “proprietary” or any other similar term or that should
reasonably be understood under the circumstances to be confidential or
proprietary, including, without limitation, the Service and any non-public
technical and business information. Confidential Information does not include
information that (i) is or becomes generally known to the public through no
fault of or breach of these Terms of Service by the receiving party; (ii) is
rightfully known by the receiving party at the time of disclosure without an
obligation of confidentiality; (iii) is independently developed by the receiving
party without the use of the disclosing party’s Confidential Information; or
(iv) the receiving party rightfully obtains from a third party without
restriction on use or disclosure. You and Rogo will maintain the
confidentiality of Confidential Information. The receiving party of any
Confidential Information of the other party agrees not to use such
Confidential Information for any purpose except as necessary to fulfill its
obligations and exercise its rights under these Terms of Service. The
receiving party shall protect the secrecy of and prevent disclosure and
unauthorized use of the disclosing party’s Confidential Information using the
same degree of care that it takes to protect its own confidential information
and in no event shall useless than reasonable care. The receiving party may
disclose the Confidential Information of the disclosing party if required by
judicial or administrative process, provided that the receiving party first
provides to the disclosing party prompt notice of such required disclosure (to
the extent allowed) to enable the disclosing party to seek a protective order.
Upon termination or expiration of these Terms of Service, the receiving party
will destroy (and provide written certification of such destruction) the
disclosing party’s Confidential Information
Modifications
You accept Rogo’s right to change the content or technical specifications of
any aspect of the Service at any time at Rogo’s sole discretion. Rogo will
notify you of any discontinuation of the Service by email or via Rogo’s
website.
Submitted Suggestions
You acknowledge and agree that Rogo has no obligation of confidentiality or
nondisclosure, express or implied by considering your suggestion, feedback
or idea. You hereby grant Rogo a fully paid, royalty-free, perpetual,
irrevocable, worldwide, non-exclusive, and fully sub-licensable right and
license to use, reproduce, perform, display, distribute, adapt, modify, create
derivative works of, and otherwise commercially exploit any suggestion,
feedback or ideas you submit to Rogo
Your Authority to Agree to these Terms of Service
You represent, warrant and covenant that (i) you have read, understand and
agree to these Terms of Service, (ii) are of legal age to form a binding
contract with Rogo and (iii) if you are using the Service as an employee,
contractor or agent of a company, then you have the authority to bind the
company to the acceptance of these Terms of Service. Any use of or access
to the Service by anyone under 13 is strictly prohibited and in violation of
these Terms of Service. The Service is not available to any users previously
removed from the Service by Rogo
Export Control Regulations
Rogo does not represent that materials in the Service are appropriate or
available for use in any particular location. Those who choose to access the
Service do so on their own initiative and are responsible for compliance with
all applicable laws. By using the Service, you represent, warrant and
covenant that you are not (a) located in or a national or resident of any
country that is subject to U.S. trade sanctions or (b) on any U.S. government
denied-party list or acting on behalf of any person or entity on any such list.
No Professional Advice
If the Service provides professional information (for example, medical, legal,
or financial), such information is for informational purposes only and should
not be construed as professional advice. No action should be taken based
upon any information contained in the Service. You should seek independent
professional advice from a person who is licensed and/or qualified in the
applicable area.
Third-Party Links and Integrations
The Service may contain links to or integrations with third-party sites,
information, materials, products, or services that are not owned or controlled
by Rogo. Rogo does not endorse or assume any responsibility for any such
third-party sites, information, materials, products, or services. If you access a
third-party website or service from the Service or share your Data on or
through any third-party website or service, you do so at your own risk, and
you understand that these Terms of Service and Rogo’s Privacy Policy do not
apply to your use of such sites. You expressly relieve Rogo from any and all
liability arising from your use of any third-party website, service, or content,
including without limitation any data submitted by other users of the Service.
Disclaimer and Limitation of Liability
Rogo SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES,
CONDITIONS AND OTHER TERMS INCLUDING, WITHOUT LIMITATION,
IMPLIED WARRANTIES, CONDITIONS AND OTHER TERMS OF
MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY
OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE
SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN:
(i) THE SERVICE IS PROVIDED “AS-IS” AND WITHOUT WARRANTY OF
ANY KIND BY Rogo; (ii) WITHOUT LIMITATION, Rogo DOES NOT MAKE
ANY WARRANTY OF ACCURACY, COMPLETENESS, TIMELINESS,
UPTIME, OR UNINTERRUPTABILITY, OF THE Rogo SERVICE; AND (iii)
Rogo IS NOT RESPONSIBLE FOR RESULTS OBTAINED FROM THE USE
OF THE Rogo SERVICE ORFOR CONCLUSIONS DRAWN FROM SUCH
USE. Rogo HAS NO RESPONSIBILITY FOR LOSS OF DATA OR USE OF
THE SERVICE FOR ANY REASON DUETO THE ACTS OR OMISSIONS OF
ITS THIRD-PARTY HOSTING OR OTHER PROVIDERS.
TO THE EXTENT PERMITTED BY LAW, NEITHER Rogo, NOR ANY OF ITS
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER
REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES, DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE,
INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME,PROFIT
OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF
THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE
SERVICE, HOWEVER CAUSED, WHETHER BASED ON BREACH OF
CONTRACT, TORT (INCLUDING NEGLIGENCE), INTELLECTUAL
PROPERTY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR
OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF Rogo WAS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME
DISSATISFIED IN ANY WAY WITH THE SERVICE OR THESE TERMS OF
SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE
OF THE SERVICE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST
Rogo, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF
THE SERVICE. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS
FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN
THE AGGREGATE LIABILITY OF Rogo SHALL NOT EXCEED THE
GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) THE FEES
THAT YOU HAVE ACTUALLY PAID TO Rogo FOR THE FOR THE
RELEVANT SERVICES WITHIN THE TWELVE (12) MONTH PERIOD
IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM
FOR DAMAGES.
TO THE EXTENT Rogo’S LIABILITY FOR CERTAIN TYPES OF LOSS OR
DAMAGE CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW,
NOTHING IN THESE TERMS OF SERVICE EXCLUDES OR LIMITS Rogo’S
LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY Rogo’S
NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; OR
(III) ANY OTHER LOSS OR DAMAGE IN RESPECT OF WHICH SUCH
LIABILITY CANNOT BE EXCLUDED OR LIMITED BY LAW.
Indemnification
You agree to defend, indemnify and hold harmless Rogo and its subsidiaries,
agents, licensors, managers, and other affiliated companies, and their
employees, contractors, agents, officers and directors, from and against any
and all claims, damages, obligations, losses, liabilities, costs or debt, and
expenses (including but not limited to attorney’s fees) arising from: (i) your
use of and access to the Service, including any data or content transmitted
or received by you; (ii) your violation of any term of these Terms of Service,
including without limitation your breach of any of the representations and
warranties above; (iii) your violation of any third-party right, including
without limitation any right of privacy or Intellectual Property Rights; (iv)
your violation of any applicable law, rule or regulation; (v) Data or any other
content that is submitted via your User Account, including without limitation
misleading, false, or inaccurate information; (vi) your willful misconduct; or
(vii) any other party’s access and use of the Service with your unique
username, password or other appropriate security code.
Changes to the Service
We may, without prior notice, change the Service; stop providing certain
features of the Service, to you or to users generally; or create usage limits
for the Service. We may permanently or temporarily suspend your access to
the Service without notice and liability for any reason, including if in our sole
determination you violate any provision of these Terms of Service, or for no
reason. Without limiting other available remedies included in these Terms of
Service or otherwise, Rogo may suspend your access to the Service if you
are in non-compliance with these Terms of Service.
Term; Termination
The term of these Terms of Service commences when you accept these
Terms of Service and will remain in effect until terminated in accordance
with these Terms of Service. You may terminate these Terms of Service at
any time by cancelling your account. Rogo may terminate these Terms of
Service at any time on thirty (30) days advance notice (subject to pro rata
refund of prepaid and unused fees). Rogo may also terminate your account
and these Terms of Service, or suspend your account, immediately if (i) Rogo
changes the way Rogo provides or discontinues the Service (subject to pro-
rata refund of prepaid and unused fees); or (ii) Rogo determines that: (1)
your use of the Service poses a security risk to the Service or any third-party;
(2) your use of the Service may adversely impact the Service; (3) your use of
the Service may subject Rogo, Rogo’s affiliates, or any third-party to liability;
(4) your use of the Service may be fraudulent; (5) you are in breach of these
Terms of Service; or (6) you have ceased to operate in the ordinary course,
made an assignment for the benefit of creditors or similar disposition of your
assets, or become the subject of any bankruptcy, reorganization, liquidation,
dissolution or similar proceeding.
Effect of Termination
Upon termination of these Terms of Service (i) all your rights under these
Terms of Service immediately terminate and you must cease using the
Service, (ii) you must pay all unpaid fees to Rogo, and (iii) you shall return to
Rogo or (at Rogo’s request) destroy, and make no further use of, any
Confidential Information (and all copies thereof) belonging to Rogo (provided
that you may retain documents and materials containing Confidential
Information to the extent required by law or any applicable governmental or
regulatory authority).
You are solely responsible for deleting or retrieving your Data from the
Service prior to termination for any reason. Following expiry or termination of
these Terms of Service, Rogo may thereafter:
(a) delete any of your Data at any time or retain your Data,
(b) retain your Data upon expiry or termination of these Terms of Service in
order to comply with applicable law, or as Rogo may deem necessary to
prosecute or defend any legal claim (in which case Rogo may retain your
Data for a reasonable period of time pending resolution of such obligation or
issue)
Assignment
These Terms of Service, and any rights and licenses granted hereunder, may
not be transferred or assigned by you, but may be assigned by Rogo without
restriction. Any attempted transfer or assignment in violation hereof shall be
null and void.
Legal Notices
All legal notices given by you to Rogo must be submitted to
legal@rogodata.com. Rogo may give notice to you at either the e-mail or
postal address you provide to Rogo, or any other way that Rogo deems
appropriate. Notice will be deemed received and properly served
immediately when posted on the Service or 24 hours after an e-mail is sent
or three days after the date of posting of any letter. In proving the service of
any notice, it will be sufficient to prove, in the case of a letter, that such
letter was properly addressed, stamped and placed in the post and, in the
case of an e-mail that such e-mail was sent to the specified e-mail address of
the addressee.
Events outside a party’s control
Neither party shall be liable to the other party for any delay or non-
performance of any of its obligations under these Terms of Service arising
from any cause beyond its control including, without limitation, any of the
following: telecommunications failure, Internet failure, act of God, act of a
third party unless an approved sub-contractor of Rogo, governmental act,
war, fire, flood, explosion, or civil commotion. Notwithstanding the foregoing,
nothing in this clause shall excuse you from any payment obligation under
these Terms of Service.
Governing Law
These Terms of Service will be governed and interpreted in accordance with
the laws of the United States and the State of New York, without giving effect
to conflicts-of-law principles
Waiver of Jury Trial and Arbitration
YOU AGREE THAT BY ENTERING INTO THESE TERMS OF SERVICE, YOU AND
Rogo ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE
IN A CLASS ACTION. Any and all disputes between you and Rogo arising
under or related in any way to these Terms of Service must be resolved
through binding arbitration. The arbitration will be governed by the
Commercial Arbitration Rules and the Supplementary Procedures for
Consumer Related Disputes of the American Arbitration Association, and any
hearings must take place in New York, New York. In the event these Terms of
Service 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, New York. The provider of the
Service is Rogo Technologies, Inc., 358 Mt Merino Rd, Hudson, NY 12534.
Third-party rights
Other than as expressly stated in these Terms of Service, a person who is not
a party to these Terms of Service may not enforce any of its terms.
Miscellaneous (Severability, Entire Agreement,
and Amendment)
and Amendment)
If any of the terms and conditions hereunder is found invalid or
unenforceable, such term or condition will be enforced to the maximum
extent permissible, and all other terms and conditions will remain in full force
and effect. The failure of Rogo to exercise or enforce any right or terms and
conditions hereunder shall not constitute a waiver thereof. Those terms and
conditions that by their nature are intended to survive termination of these
Terms of Service shall so survive. These Terms of Service and any other
terms and conditions of service on the Site, and its successor, constitute the
entire agreement between you and Rogo, and supersede all prior or
contemporaneous written or oral agreements between the parties with
respect to the subject matter hereof. Rogo may, in its sole discretion, modify
or update these Terms of Service from time to time, and so you should
review this page periodically. When we change the Terms of Service in a
material manner, we will update the “Version Date” at the top of this page
and notify you that material changes have been made to the Terms of
Service. Your continued use of the Service after any such change constitutes
your acceptance of the new Terms of Service. If you do not agree to any of
these terms or any future Terms of Service, do not use or access (or continue
to access) the Service. Except as otherwise provided in this paragraph, these
Terms of Service may not be amended, nor any obligation waived, without
Rogo’s express written authorization.
Reporting Violations
You agree to report any violation of these Terms of Service by others that
you become aware of by contacting us at: legal@rogodata.com
Contact Us
If you have any questions or suggestions about our Privacy Policy, do not
hesitate to contact us
