Last Updated: January 2, 2019
Ro and Steve, LLC (“RoandSteve”, “us”, or “we”) owns and operates this site (www.RoandSteve.com) that is provided to assist consumers in gathering senior living and care information and reviewing senior living communities, agencies, and care providers. You will be referred to herein as “you” or “User”. The services offered and included by RoandSteve include access to the RoandSteve branded website/URLs (including all websites and mobile applications) and other features made available by Ro and Steve, LLC from time to time, the opportunity for users to create and upload their own content on the RoandSteve websites, RoandSteve information that we make available on third-party sites and platforms (including, without limitation Facebook, Twitter, Google Plus, YouTube, Instagram, and Pinterest, collectively “Social Media Platforms”), and any other features, content, or applications offered from time to time by Ro and Steve, LLC in connection with this site (collectively, the “Site”). The RoandSteve websites are hosted in the United States.
Agreement Between You and RoandSteve
Ro and Steve, LLC reserves the right to modify the Terms at any time, effective upon posting of the modified Terms or the URL to the modified Terms on the RoandSteve Site. It is therefore important that you review this Agreement regularly to ensure that you are updated as to any changes. To the extent that notice is required under any applicable law or otherwise, you waive the right to such notice to the extent allowed by law. If you do not agree to any change to these Terms, you must discontinue using the RoandSteve Site. Ro and Steve, LLC also reserves the right to apply, waive, or modify these Terms as they apply to a specific posting and/or user without affecting the application of these Terms to all other postings and users.
Third Party Websites
RoandSteve provides valuable content to our Site visitors concerning the quality and reputation of senior care facilities and agencies (the “Facilities”), including pricing and services, as well as other subjective information like friendliness and overall rating of a consumer’s experience. All content on the Site and/or otherwise distributed or made available to you by or on behalf of RoandSteve, including software, applications, ratings, audio, text, graphics, logos, button icons, video, and images, and the selection and arrangement of such content (“Content”) is the exclusive property of RoandSteve, its licensors, or the provider of such content and is protected by U.S. and international copyright and trademark laws. “Content” also includes Materials (as defined below). All rights not expressly granted are reserved.
You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit Content available via the Site, including without limitation senior care facility and agency reviews and ratings, for any public and/or commercial use without the prior written permission of RoandSteve
You agree not to use any trademarks, service marks, names, logos, or other identifiers of RoandSteve or its employees, licensors, independent contractors, providers, vendors, and affiliates without the prior written permission of RoandSteve. Ro and Steve and other marks used on this Site (“Marks”) are trademarks and/or registered trademarks of Ro and Steve, LLC in the United States and/or other countries and may not be used without the express written permission of Ro and Steve, LLC. Other marks appearing on the Site are the property of their respective owners.
Rules of Use of the RoandSteve Site
The RoandSteve Site is provided and designed to facilitate the open exchange of ideas and information by and between users based on the personal first-hand experiences of the users. However, all participants in the RoandSteve Site must be above the age of eighteen (18). Your profile will be deleted without warning if we believe that you are under 18 years of age and you represent yourself as 18 or older. Use of the RoandSteve Site and registration to submit Content to the RoandSteve Site is void where prohibited. Ro and Steve, LLC may, in its sole discretion, edit or remove any posting it deems to be in violation of the Terms or inappropriate for the RoandSteve Site for any reason.
The RoandSteve Site is for your personal, noncommercial use and is intended for informational and entertainment purposes only. It does not constitute legal, financial, professional, medical, or healthcare advice or diagnosis and cannot be used for such purposes. Despite our efforts to provide useful and accurate information – whether we have produced the Content or have received it as the result of Materials that a user posted – errors may appear from time to time. Before relying on the information on this Site, you should investigate any information (health care facility reputation, price, etc.) that is important to your decisions. We are not responsible for, and do not guarantee the accuracy of, any Content or Materials. You are free to browse the Site for your personal, non-commercial use. Any other reproduction of the Content is strictly prohibited. Further, you may not use the Site to solicit or advertise in any manner.
Appropriate Conduct on the Site
The RoandSteve Site offer Users the opportunity to be a member of a vibrant community of diverse and unique voices sharing different ideas and their personal experiences. There will be zero tolerance for any harassing or threatening behavior or language in the RoandSteve Site.
Each User of the RoandSteve Site agrees that Ro and Steve, LLC is not responsible for the accuracy of the Content of the RoandSteve Site and will not be liable for any damages incurred as a result of the use of any such Content. Users may post hypertext links to content hosted and maintained by third parties. Ro and Steve, LLC has no obligation to monitor these linked sites, and is not responsible for them. Accessing any such linked sites is done entirely at the User’s own risk.
Use of the RoandSteve Site
You agree not to post any inappropriate or illegal Content to the RoandSteve Site including, but not limited to, the following:
- personal information belonging either to yourself or another person or entity, such as full name, address, phone number, personal email address, and the like;
- personal financial information belonging to yourself or any other person or entity;
- private information belonging to yourself or any other person or entity;
- anything that solicits personal information from anyone under 18;
- spam, including advertisements for other web sites and services, commercial solicitation, chain letters, junk mail, unsolicited mass mailings, instant messaging, contests, sweepstakes, barter, or pyramid schemes;
- any material that is libelous, fraudulent, unlawful, defamatory, pornographic, obscene, profane, abusive, offensive, threatening, hateful, or otherwise objectionable;
- any material that is patently offensive and promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
- any material that has excessive violence or offensive subject matter or contains a link to an adult website or exploits people in a sexual or violent manner;
- harassing or threatening language toward other Users or any third party or entity;
- discussions of illegal activities or links to other websites containing such information, provides instructional information about illegal activities including but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses, material that furthers or promotes any criminal activity or enterprise, or discussions that constitute or promote information that you know is false or misleading;
- posting, uploading, embedding, emailing, transmitting, or otherwise making available material that violates any party’s copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, publicity rights, contract rights, or any other rights of any person or entity;
- any Content belonging to Ro and Steve, LLC, or derivative works with respect thereto;
- derogatory comments toward or disparaging of Ro and Steve, LLC or its owners, members, managers, and employees;
- details on how to violate or “work around” any RoandSteve Site policy, term, or condition;
- material that contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
- material that solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- material that includes a photograph or a video of another person, in a context in which that person had a reasonable expectation of privacy, that you have posted without that person’s consent;
- material that promotes propaganda and/or symbols of organizations that are unconstitutional or illegal in your country;
- any information or software containing a virus, worm, Trojan horse, or other damaging or destructive component; or
any link directing Users to any information or content that, if posted on the RoandSteve Site, would constitute a violation of the Terms or of any state or federal law.
Users shall not engage in any activities that are harmful or destructive to the RoandSteve Site, including, but not limited to, the following activities:
- attacking other Users or entities in such a way as to incite or perpetuate an argument or conflict;
- creating usernames to attack other Users’ identities;
- impersonating other individuals or falsely representing one’s identity or qualifications;
- posting under secondary user names or other aliases for the purpose of either endorsing or denigrating others;
- using the account, username, or password of another User at any time, disclosing your password to any third party, or permitting any third party to access your account;
- selling or otherwise transferring your profile;
- posting Content that breaches any Users’ privacy by including name, address, phone, email address, or any other identifying information.
- circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the RoandSteve Site;
- any automated use of the system, including but not limited to using scripts to post comments or upload Content;
- interfering with, disrupting, or creating an undue burden on the RoandSteve Site or the networks or services connected to the RoandSteve Site;
- using any information obtained from the RoandSteve Site in order to illegally abuse or harm another person or entity, or attempting to do the same;
- displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the RoandSteve Site on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
- using the RoandSteve Site in a manner inconsistent with any and all applicable laws and regulations.
The RoandSteve Site is for the personal use of Users only. The RoandSteve Site may only be used for commercial endeavors if such endeavors are specifically endorsed or authorized by Ro and Steve, LLC. Ro and Steve, LLC reserves the right to remove commercial Content in its sole discretion. Illegal and/or unauthorized use of the RoandSteve Site, including collecting usernames, user ID numbers, and/or e-mail addresses of Users by electronic or other means for the purpose of sending unsolicited e-mail, or employing third-party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliated business links, and other forms of unauthorized solicitation may be removed from User profiles without notice or explanation and may result in termination of User privileges. Ro and Steve, LLC reserves the right to take appropriate legal action for any illegal or unauthorized use of the RoandSteve Site.
License to Use Posted Content
You grant to Ro and Steve, LLC and its designees a perpetual, irrevocable, non-exclusive, fully-paid up, and royalty free license to use any Content, text, images, videos, links, communications, opinions, data, ideas, expression of ideas, or other materials you post and submit (collectively, “Materials”) to the RoandSteve Site, without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party.
The license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Materials, and all rights therein, in the name of Ro and Steve, LLC, or its designees throughout the universe in perpetuity in any and all media now or hereafter known. The license shall also permit Ro and Steve, LLC and its designees to use portions of the Materials you submit, rerecord or modify any audio tracks or visual images you provide, rewrite any Materials you submit, and/or incorporate other materials, either created by Ro and Steve, LLC and its designees or licensed from third parties, with the Materials you submit. Any such works shall be deemed materials owned by Ro and Steve, LLC and shall not be subject to your approval or payment by Ro and Steve, LLC of any compensation to you. Ro and Steve, LLC may perform technical functions to the Content, including but not limited to transcoding and/or reformatting the Content, to allow its use throughout the RoandSteve Site.
You grant RoandSteve and its designees and sublicensees the right to use your screen name and any other name that you submit in connection with such Materials and your geographical location to attribute authorship of Materials to you. You hereby waive your “moral rights” in your Materials, to the extent they can be waived, under any existing or future law of any jurisdiction. RoandSteve takes no responsibility and assumes no liability for any Materials posted by you or any third party. You represent and warrant that the Materials you submit: (i) are original to you, and owned by you or otherwise you have the right to grant the license as set forth herein; (ii) are accurate; (iii) does not and will not violate these Terms and (iv) do not violate and will not violate the rights of any third party or any local, state, national, or foreign law, including any right of publicity, right of privacy, or any other proprietary right. You acknowledge and agree that the relationship between you and Ro and Steve, LLC is not a confidential, fiduciary, or other special relationship. Ro and Steve, LLC shall have the right, but not the obligation, to use your name, likeness, biography, and other information about you in connection with any use of the Materials you submit. By making a submission, you acknowledge and agree that Ro and Steve, LLC and its designees may create on their own or obtain many submissions that may be similar or identical to the Materials you submit through RoandSteve Site or other channels and means. You hereby waive any and all claims you may have had, may have, and/or may have in the future, that the Materials accepted, reviewed, and/or used by Ro and Steve, LLC and its designees may be similar to your Materials.
The RoandSteve Site contains Content owned by Ro and Steve, LLC or our licensors or licensees (the “RoandSteve Content”), which is protected by copyright, trademark, trade secret, and other laws. Except as we specifically agree in writing, no element of the RoandSteve Site may be used or exploited in any way other than as part of the RoandSteve Site offered to you. You may own the physical media on which elements of the RoandSteve Site are delivered to you, but we retain full and complete ownership of the RoandSteve Site. We do not transfer title to any portion of the RoandSteve Site to you. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any RoandSteve Content appearing on or through the RoandSteve Site.
You are solely responsible for your Materials. You assume all risks associated with use of your Materials, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in the Materials that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of your Materials as described herein. You may not imply that your Materials are in any way sponsored or endorsed by RoandSteve.
In connection with and as part of the Materials, the Site allows users to review senior care facilities and agencies by submitting reviews and ratings of senior care facilities and agencies and their personal, first-hand experiences with such facilities and agencies (collectively, “Facility Reviews”) and/or read reviews of senior care facilities and agencies submitted by other users of the Site. Certain users are prohibited from writing and submitting Facility Reviews on our Site, including: (1) users who are currently affiliated with a senior care facilities or agency; (2) users who have worked for any senior care facility or agency in the past 5 years; and (3) users who are immediate family members of someone affiliated with any senior care facility or agency in (1) or (2). In order to submit a Facility Review or respond to messages received related to your Facility Review, you must first register with the Site. RoandSteve is not liable for any statements, representations, descriptions, comments, or opinions provided in Facility Reviews on the Site. Facility Reviews are displayed for entertainment and informational purposes only. RoandSteve cannot guarantee the accuracy, integrity, or quality of Facility Reviews. Under no circumstances will RoandSteve be liable in any way for any Facility Reviews, including, but not limited to, any errors or omissions in any Facility Review, or any loss or damage of any kind incurred as a result of the use of or any Materials as part of such Facility Reviews.
You grant to us an exclusive, royalty-free, perpetual, irrevocable, worldwide license to use your picture, portrait, photograph, videos, likeness and other renderings or images of you that you upload or provide to us (“Photos”) in all forms of media, including without limitation photographs, video, print advertisements, newsletters, brochures, websites, social media sites, and all other media now known or later developed (collectively, “Media”) and in all manner, including electronic, Internet, social media and other online Media and/or composite representations, for advertising, promotion, trade, training or any other lawful purposes. You further waive any right to inspect or approve the finished product or versions of the Photos, including written copy that may be created in connection therewith. You expressly release RoandSteve, its affiliates, agents, employees, licensees and assigns from and against any and all claims which you have or may have for invasion of privacy, defamation, violation of any right to publicity, or any other cause of action arising out of production, distribution, publication, broadcast or exhibition of RoandSteve advertisements, promotions, Content, programs and/or materials in which any portion of the Photos appear. The license rights and release set forth herein shall extend to any minors under the age of 18 that may appear in any of the Photos. You acknowledge and agree that any and all Submissions are public and you have no expectation of privacy or confidentiality in any Submission by reason of any Submission via the Site.
No Endorsement of Communities
RoandSteve does not recommend or endorse any senior care facility or agency (the “Facilities”). RoandSteve does not help any consumers with admittance into any of the Facilities in any way, including any healthcare or medical assessments. RoandSteve is not a representative of or agent for either the consumer or the Facilities and does not act on either’s behalf.
Users may access the Site without registering an account. However, you may be required to register an account in order to use some features of the Site, such as posting to the Site, messaging, or obtaining further information from a senior care facility. In the event you register for an account, you agree that your account is for your individual use only. As part of the registration process, you will be asked to create a screen name and password, as well as provide a valid email address and zip code. (“Registration Data”). You should create a strong password, one which is difficult to detect by both humans and computer programs such as malware and the like, to help protect from compromise and unauthorized access. A strong password is at least 8 characters long and is a combination of upper case letters, lower case letters, symbols, and numbers. You should not use the same password across numerous websites. You are solely and entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time or to disclose your password to any third party. You agree to notify Ro and Steve, LLC immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. You may update your Registration Data at any time while logged into your account. Failure to provide a valid email address may result in immediate suspension or termination of your account. You may cancel your account at any time.
Ro and Steve, LLC may refuse to grant you, and you may not use, a user name that is already being used by someone else, belongs to or impersonates another person, violates the intellectual property or other rights of any person (including, but not limited to, trademark rights), is offensive, or that Ro and Steve, LLC rejects for any other reason, in its sole discretion. User agrees that all information provided in a profile is accurate, up to date, and complete, and that it will be kept updated. Ro and Steve, LLC may terminate your account if any of the information provided is found to be inaccurate, out of date, or incomplete.
Senior care facilities may also contact you through the Site’s messaging feature. The senior care facility does not have access to your contact information unless you provide your prior consent. Your email address must be up to date in order for the Site’s messaging feature to work and to allow us to be able to contact you regarding your Materials. Failure to acknowledge receipt of a communication by RoandSteve support may result in your account being revoked and any Materials being removed.
Ro and Steve, LLC reserves the right to manage the postings on the RoandSteve Site. To effectively manage the RoandSteve Site, Ro and Steve, LLC may designate employees, independent contractors, or others to act as moderators and administrators for the RoandSteve Site (“Moderators”). These Moderators are the only representatives of Ro and Steve, LLC authorized to manage the RoandSteve Site. Ro and Steve, LLC is not responsible for Content provided by any Ro and Steve, LLC employee who is not designated as a Moderator. Such Ro and Steve, LLC non-Moderator employees do not represent Ro and Steve, LLC in any way when posting in the RoandSteve Site.
Monitoring of the RoandSteve Site
Ro and Steve, LLC has the right, but not the obligation, to monitor any activity and Content associated with the RoandSteve Site but assumes no responsibility for monitoring the RoandSteve Site for inappropriate Content or conduct. If at any time Ro and Steve, LLC chooses, in its sole discretion, to monitor the RoandSteve Site, it nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. Ro and Steve, LLC may investigate any apparent or reported violations of its policies and take any action that it, in its sole and absolute discretion, deems appropriate, including but not limited to issuing warnings; rejection of, refusal to post, or removal of any materials on the RoandSteve Site; and/or denial, restriction, suspension, or termination of your access to any or all part(s) of the RoandSteve Site at any time. Ro and Steve, LLC expressly reserves the right to remove, screen, or edit any Content that it deems, in its sole and absolute discretion, to violate this Agreement or any applicable law or to be otherwise objectionable. If we receive complaints that upon investigation show that you have repeatedly violated third-party copyright, Ro and Steve, LLC may permanently suspend your subscription for and use of the RoandSteve Site. Ro and Steve, LLC may take any or all of the actions above at any time, with or without prior notice or explanation, and without liability.
As a User to the RoandSteve Site, you are the front line regarding the discovery of any violations of these Terms or the posting of any offensive or harassing Content. Users should notify Ro and Steve, LLC of any offending messages or other violations of these Terms by clicking the confidential “Report Inappropriate Content” link on the applicable post. Repeat offenders will be contacted by email and may be banned from the RoandSteve Site. If violations are perceived to be egregious or threatening in nature, Ro and Steve, LLC may contact the appropriate authorities.
You are solely responsible for the Content that you post on or through any of the RoandSteve Site, any material or information that you transmit to other Users, and your interactions with other Users, either online or in person.
We do not control how frequently third-party search engines update their indexes, display Content, or how they order their search results; which is the sole responsibility of the search engines, third-party sites, and other such feed resources. If you are dissatisfied with any Content posted on the Site, your sole and exclusive remedy is to discontinue using the Site.
Security and Viruses
RoandSteve does not guarantee or warrant that the Site or any Content thereon will be free from infection, viruses, worms, Trojan Horses, or other codes or features that manifest contaminating or destructive properties, nor can RoandSteve provide any assurance that unauthorized persons will not be able access your computers, data, or systems by means of the Site or systems or through use of e-mail addresses, user names, or other information or Content they may find on the Site. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for system security, accuracy of data input and output, and for maintaining your own means for the reconstruction of any lost data or otherwise dealing with system security breaches.
Even with the use of encryption, you acknowledge that the Internet is not a 100% secure medium and privacy cannot be guaranteed. Internet e-mail and review postings are or may become vulnerable to interception and forging. RoandSteve will not be responsible for any damages you or any third party may suffer as a result of the transmission that you make to RoandSteve through the Internet, or that you expressly or implicitly authorize RoandSteve to make, or for any errors, data corruption or any changes made to any transmitted information.
Notice of Copyright Infringement.
If you believe that your work has been copied and posted on or through the RoandSteve Site in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please send Ro and Steve, LLC’s Copyright Agent a notification of claimed infringement with all the following information (see 17 U.S.C. 512(c)(3) for further details): (a) identification of the copyrighted work claimed to have been infringed (or otherwise violates intellectual property rights), or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the RoandSteve Site (providing the URL(s) of the claimed infringing material will in most cases satisfy this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; (d) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or intellectual property rights owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright or intellectual property rights owner or are authorized to act on the copyright or intellectual property rights owner’s behalf; and (f) your physical or electronic signature. Ro and Steve, LLC’s Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, 1 Parker Farm Lane, Amherst, NH 03031; Attn: Copyright Agent; or e-mail: email@example.com. We may provide your notice (including any contact details displayed in the complaint) to the poster of the work. Ro and Steve, LLC accommodates tools and technologies that help facilitate copyright owners’ control over their copyrighted works.
If you believe that Content you posted on or through the RoandSteve Site and that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright or intellectual property rights owner or their agent or pursuant to the law to post such Content, you may send a counter-notice containing the following information to Ro and Steve, LLC’s Copyright Agent at the address above: (a) identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled (providing the original URL(s) of the material satisfies this requirement); (b) your full name, address, telephone number, e-mail address, and the username of your RoandSteve Site account; (c) a statement that, under penalty of perjury, you have a good-faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; (d) your name, address, and telephone number; (e) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or Federal District Court for New Hampshire, if your address is outside the U.S.), and a statement that you will accept service of process from the person who provided notification of the alleged infringement or their agent; and (e) your physical or electronic signature.
If a counter-notice is received by Ro and Steve, LLC’s Copyright Agent, Ro and Steve, LLC will send a copy of it to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright or intellectual property rights owner files an action seeking a court order against the User who originally posted the material, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Ro and Steve, LLC’s sole and absolute discretion.
Modification and Discontinuance of the RoandSteve Site
Ro and Steve, LLC reserves the right at any time to delete, modify, suspend, or discontinue, temporarily or permanently, the RoandSteve Site (or any part of the RoandSteve Site, including any postings) with or without notice. User agrees that Ro and Steve, LLC will not be liable to Users or third parties for any modification, suspension, or discontinuance of the RoandSteve Site.
Modification, Suspension, and Termination of Access
A User’s privilege to utilize or access the RoandSteve Site may be modified, suspended, or terminated by Ro and Steve, LLC immediately and without notice at any time in Ro and Steve, LLC’s sole discretion. Upon such termination, the User must immediately cease accessing or utilizing the RoandSteve Site and hereby agrees not to re-register or otherwise make use of the RoandSteve Site. Furthermore, the User acknowledges that Ro and Steve, LLC reserves the right to take action — technical, legal, or otherwise — to block, nullify, or deny the User’s ability to access the RoandSteve Site. The User understands that Ro and Steve, LLC may exercise this right in its sole discretion.
Disclaimer of Warranties and Limitation of Liability.
Ro AND Steve, LLC IS NOT RESPONSIBLE FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE USER CONTENT OR THE ACCURACY AND RELIABILITY OF THE USER CONTENT POSTED ON OR THROUGH THE ROANDSteve SITE, WHETHER CAUSED BY USERS OF THE ROANDSteve SITE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR USED IN THE ROANDSteve SITE, AND SUCH USER CONTENT DOES NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF Ro AND Steve, LLC. PROFILES AND THIRD-PARTY APPLICATIONS CREATED AND POSTED BY USERS ON THE ROANDSteve SITE MAY CONTAIN LINKS TO OTHER WEBSITES. Ro AND Steve, LLC IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, OR OPINIONS EXPRESSED ON SUCH WEBSITES, AND SUCH WEBSITES ARE NOT NECESSARILY INVESTIGATED, MONITORED, OR CHECKED FOR ACCURACY OR COMPLETENESS BY Ro AND Steve, LLC. INCLUSION OF ANY LINKED WEBSITE ON THE ROANDSteve SITE DOES NOT NECESSARILY IMPLY APPROVAL, CERTIFICATION, RECOMMENDATION, OR ENDORSEMENT OF THE LINKED WEBSITE BY Ro AND Steve, LLC. WHEN YOU ACCESS THESE THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. Ro AND Steve, LLC TAKES NO RESPONSIBILITY FOR THIRD-PARTY ADVERTISEMENTS OR THIRD-PARTY APPLICATIONS THAT ARE POSTED ON OR THROUGH THE ROANDSteve SITE, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY ITS ADVERTISERS OR SENIOR CARE FACILITIES POSTING ON ITS SITE. CONTENT POSTED TO THE ROANDSteve SITE WHICH IS PROVIDED BY THIRD PARTIES NOT AFFILIATED WITH Ro AND Steve, LLC IS THE SOLE RESPONSIBILITY OF THE PERSON ORIGINATING THAT CONTENT. THE USER AGREES THAT Ro AND Steve, LLC DOES NOT CONTROL, AND IS NOT RESPONSIBLE IN ANY WAY FOR, SUCH THIRD-PARTY CONTENT.
THE CONTENT ON THE ROANDSteve SITE IS PROVIDED “AS IS” AND CARRIES NO WARRANTIES. Ro AND Steve, LLC DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON ROANDSteve SITE, REGARDLESS OF WHO ORIGINATES THAT CONTENT. Ro AND Steve, LLC DOES NOT WARRANT THAT THE ROANDSteve SITE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER LIMITATIONS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. Ro AND Steve, LLC IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE ROANDSteve SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT. Ro AND Steve, LLC IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY PERSONAL INFORMATION THAT A USER SHARES ON THE ROANDSteve SITE OR FOR ANY ON-LINE OR OFF-LINE AND REAL LIFE MEETINGS, CONNECTIONS, OR BUSINESS DEALINGS IN WHICH USERS PARTICIPATE.
Ro and Steve, LLC is not responsible for the conduct, whether online or offline, of any user of the RoandSteve Site. Ro and Steve, LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, unauthorized access to, or alteration of any user communication. Ro and Steve, LLC is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, or software or the failure of any e-mail or players because of technical problems or traffic congestion on the internet or on any of the RoandSteve Site or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the RoandSteve Site. Under no circumstances shall Ro and Steve, LLC be responsible for any loss or damage, including personal injury or death, resulting from use of the RoandSteve Site, from any user Content posted on or through the roandsteve Site, or from the conduct of any users of the roandsteve Site, whether online or offline. The roandsteve Site are provided “as is” and as available, and Ro and Steve, LLC expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Ro and Steve, LLC cannot guarantee and does not promise any specific results from use of the RoandSteve Site.
To the maximum extent permitted by applicable law, Ro and Steve, LLC and its representatives are not liable for any indirect, special, incidental, exemplary, punitive, or consequential damages (including damages relating to loss of business, corruption, security or theft of data, loss of profits or investment, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), strict liability, product liability, or otherwise, even if Ro and Steve, LLC or its representatives have been advised of the possibility of such damages and even if a remedy is found to have failed of its essential purpose. The limitations of damages set forth above are fundamental elements of the basis of the agreement between Ro and Steve, LLC and the User.
You and Ro and Steve, LLC agree to arbitrate all disputes between you and Ro and Steve, LLC or its subsidiaries and affiliates, except disputes relating to the enforcement of Ro and Steve, LLC or its subsidiaries’ or affiliates’ intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and us concerning the RoandSteve Site or these Terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis. You and Ro and Steve, LLC empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of these Terms or formation of this Agreement, including the arbitrability of any dispute and any claim that all or any part of these Terms are void or voidable.
Disputes shall be settled by binding arbitration before a neutral arbitrator located in New Hampshire whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes.
This Agreement shall be governed by, and construed in accordance with, the laws of the state of New Hampshire, without regard to its conflict of law provisions. You and Ro and Steve, LLC agree that any dispute that is not subject to binding arbitration herein will submit to the exclusive jurisdiction and venue of the appropriate state or federal court located in the state of New Hampshire, to resolve any dispute arising out of this Agreement, the Terms, or the RoandSteve Site.
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor Ro and Steve, LLC will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.