Thank you for selecting the Services offered by Blue Igloo Inc., d/b/a “Roostify”. Please review these Terms of Service ("Agreement") thoroughly. This Agreement is a legal agreement between you and Roostify. By accepting electronically (for example, clicking "I Agree") and installing, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.
This Agreement describes the terms governing your use of the Roostify online services provided to you on this website, including content, updates and new releases, (collectively, the "Services"). It includes by reference:
Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.
During your use of the Services, you may also be subject to third-party Terms and Conditions.
2. YOUR RIGHTS TO USE THE SERVICES.
2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Roostify. Roostify reserves all other rights in the Services. Until termination of this Agreement and as long as you comply with this Agreement, Roostify grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.
2.2 You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
Provide access to or give any part of the Services to any third party.
Reproduce, modify, copy, deconstruct, sell, trade or resell the Services.
Make the Services available on any file-sharing or application hosting service.
3. USE WITH YOUR MOBILE DEVICE.
Use of these Services may be available through a compatible mobile device, Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
ROOSTIFY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
4. YOUR PERSONAL INFORMATION.
You understand that Roostify may aggregate and use your non-personally identifiable data with that of other users of the Services. For example, Roostify may use that aggregated data to improve services, design promotions, or provide ways for you to compare business practices with other users.
You are responsible for protecting the information on your computer such as by installing anti-virus software, updating your software, password protecting your files, and not permitting third party physical or electronic access to your computer.
5.1 You are responsible for your content. You are responsible for all materials ("Content") uploaded, posted or stored through your use of the Services. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. Roostify is not responsible for the Content or data you submit through the Services. You, agree:
To provide true, accurate, current and complete information about yourself and your accounts maintained at other web sites and you agree to not misrepresent your identity or your account information.
To keep your account information up to date and accurate.
Not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
(a) illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
(b) content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual's privacy;
(c) except as permitted by Roostify in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
(d) virus, Trojan horse, worm or other disruptive or harmful software or data; or
(e) any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.
5.2 Content You Provide And Is Derived by Use the Services. You are licensing to Roostify and its service providers (“Service Provider”), any information, data, passwords, materials or other content (collectively, “Content”) you provide through or to the service. Roostify and Service Provider may use, modify, display, distribute and create new material using such Content to provide the service to you. Roostify and Service Provider may also use, sell, license, reproduce, distribute and disclose aggregate, non-personally identifiable information that is derived through your use of the Service.
5.3 Community forums. The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Roostify is not responsible.
5.4 Roostify may freely use feedback you provide. You agree that Roostify may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Roostify a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Roostify in any way.
5.5 Roostify may monitor your Content. Roostify may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect Roostify or its customers, or operate the Services properly. Roostify, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
5.6 Proprietary content. You are permitted to use content delivered to you through the service only on the service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the service technology, including but not limited to, any Java applets associated with the service.
6. ADDITIONAL TERMS.
6.1 Roostify does not give professional advice. Unless specifically included with the Services, Roostify is not in the business of providing real estate, legal, financial, accounting, tax, health care, or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
6.2 We may tell you about other Roostify services. You may be offered other services, products, or promotions by Roostify ("Roostify Services"). Additional terms and conditions and fees may apply. With some Roostify Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, etc., to the Internet. You grant Roostify permission to use information about your business and experience to help us to provide the Roostify Services to you and to enhance the Services. You grant Roostify permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant Roostify permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
6.3 Communications. Roostify may be required by law to send you communications about the Services or Third Party Products. You agree that Roostify may send these communications to you via email or by posting them on our websites.
6.4 You will manage your passwords. You are responsible for securely managing your password(s) for the Services and to contact Roostify if you become aware of any unauthorized access to your account. You are the only person authorized to use your user ID and password and for maintaining the confidentiality of your user ID and password. You shall not permit or allow other persons to have access to or use your user ID and password. You are responsible for the use of the Services under your user ID. You must remember your user ID and password to electronically transfer your personal information into another transaction.
6.5 Import Services. The Roostify online software may include a feature that allows you to import, where applicable, certain information from participating software providers. You are responsible for verifying the accuracy of the information that is imported.
6.6 Help and Support. Roostify may use a variety of methods (e.g., in-product, Internet, e-mail, chat, fax and phone) to provide technical support and customer service in connection with the Services. The terms and conditions governing the offering of this support, which may require the payment of an additional fee, are subject to change as announced by Roostify from time to time.
6.7 Third Party Accounts. When you use this Service, you may provide Roostify, its Affiliates, and its Suppliers with the information needed to access third party sites designed by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. In providing the necessary information to access these sites and information on your behalf, you are authorizing such access and use.
For all purposes hereof, you hereby grant Roostify, its Affiliates, and its Suppliers a limited power of attorney, and you hereby appoint Roostify , its Affiliates, and its Suppliers as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person.
YOU ACKNOWLEDGE AND AGREE THAT WHEN ROOSTIFY OR YODLEE ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, ROOSTIFY, ITS AFFILIATES, AND ITS SUPPLIERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the service is not endorsed or sponsored by any third party account providers accessible through the service. You acknowledge that through the use of this service, Roostify shall have access to your account credentials, including, but not limited to login username and passwords.
6.8 Third Party Services. To facilitate Third Party Services, Roostify may be required to obtain your explicit consent for disclosure and/or use of the information you have provided to Roostify. You agree to provide, and authorize Roostify to use and disclose, as necessary, your identifying information for the purpose of making the Services you choose available to you. You understand that, in using Third Party Services, you may also be required to separately agree to the terms and conditions governing the use or provision of such Third Party Services.
7. DISCLAIMER OF WARRANTIES.
7.1 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ROOSTIFY, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. ROOSTIFY AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
7.2 ROOSTIFY AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
7.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ROOSTIFY OR ITS AFFILIATES AND SUPPLIERS THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
8. LIMITATION OF LIABILITY AND INDEMNITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF ROOSTIFY, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, ROOSTIFY, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET ROOSTIFY SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF ROOSTIFY AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF ROOSTIFY, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
You agree to indemnify and hold Roostify and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your improper use of the Services or breach of this Agreement (collectively referred to as "Claims") or infringement by any other user of your account, of any intellectual property or other right of anyone. Roostify reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Roostify in the defense of any Claims.
ROOSTIFY SHALL NOT BE LIABLE FOR ANY DEFAULT OR DELAY IN THE PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT ITS PERFORMANCE IS DELAYED OR PREVENTED DUE TO CAUSES BEYOND ITS REASONABLE CONTROL, SUCH AS ACTS OF GOD, NATURAL DISASTERS, TERRORIST ACTS, WAR OR OTHER HOSTILITIES, LABOR DISPUTES, CIVIL DISTURBANCES, THE ACTIONS OR OMISSIONS OF THIRD PARTIES, ELECTRICAL OR COMMUNICATION SYSTEM FAILURES, OR GOVERNMENTAL ACTION.
We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes.
Roostify may immediately, in its sole discretion and without notice, terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Roostify's rights to any payments due to it. Sections 2.2, 3 through 13 will survive and remain in effect even if the Agreement is terminated.
11. EXPORT RESTRICTIONS.
You acknowledge that the Services, including the mobile application, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations, and will not export or re-export any part of the Services, in violation of these laws and regulations, directly or indirectly.
12. GOVERNING LAW.
California state law governs this Agreement without regard to its conflicts of laws and provisions. Roostify does not represent that the Services are appropriate or available for use in all countries. You are accessing the Services on your own initiative and you are responsible for compliance with all applicable laws.
This Agreement is the entire agreement between you and Roostify and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of Roostify. However, Roostify may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by Roostify or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact Roostify via an email to: firstname.lastname@example.org.
Last updated: May 2016