Terms & Conditions
Last Updated: September 1, 2017
Terms and Conditions are important to us and highly pertain to you. We have simplified the following Terms of Service & Condition of Use (hereinafter as “Terms”) as it relates to you when use our website and services.
Simply by accessing this website and using this service, you accept and agree to be bound by the Terms of this agreement. When using this website, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in this service will constitute acceptance of this agreement. If you do not agree to abide by the terms, please do not use this service or website.
It is important to note that these Terms contain important information regarding your legal rights, remedies and obligations. These include various limitations and exclusions, a clause that governs the jurisdiction and obligations to comply with applicable laws and regulations.
Romeoplus is an online platform that connects hosts who have unique listings, including the option to dine to prospective guests seeking to book unique reservations. These services are accessible at romeoplus.com. You can find additional details how the website works at: romeoplus.com/faq
The content that Romeoplus makes available through the website or application, or its related promotional campaigns and official social media channels, are protected by federal copyright laws. Content includes any images, text, blogs, orginal music, software or other materials present on the website. You are not allowed to distribute the above content without the written consent of Romeoplus. Please be aware that content excludes content posted by members.
If you complete the Romeoplus account registration process, you are considered a member. You may furthermore be considered a host or a guest depending on the options you have previously provided in the account information attainment process. As a member, you may upload, publish, transmit, or provide other member content made available through the website. Romeoplus does not write or endorse member content. However, Romeoplus reserves the right to restrict, edit, or remove member content that violates the terms, or as required by law.
How the Website and Services Work
Romeoplus only makes available an online platform or marketplace with related technology for Guests and Hosts to connect online and arrange for direct listings and booking reservations. This includes the reservations of meals and drinks. Romeoplus does not own any real property. The listings provided on the website are solely owned, managed, or attained by the the hosts, respectively. Unless specifically stated, Romeoplus’s responsibilities are limited to facilitating the availability of the site. Romeoplus cannot and does not control the content contained in any listings and the condition, legality or suitability of any property. Romeoplus is not responsible for and disclaims any and all liability related to any and all listings and reservations. Accordingly, any reservations will be made or accepted at the member’s own risk. The consumption of food and services attained at the reserved location is accepted at the member’s own risk.
Account Registration
To access reservation ability, or to create a listing, you must register to create a Romeoplus Account and become a Member. There is no cost associated with this process. You may register to join the Services directly via the website. Depending on the options that you provide, you may additionally be classified as a host, or a guest. Hosts may require additional documentation and be subject to answering a list of questionnaires.
Under no circumstances are you allowed to share your Romeoplus account with anyone or allow others to gain access to your account. You agree that you will take sole responsibility for any activities or actions under your Romeoplus Account, whether or not you have authorized such activities or actions. You must immediately notify Romeoplus of any unauthorized use of your account.
Reservation Listings
As a Member, and or Host, you may create Listings. To create a Listing, you will be asked a variety of questions about the potential arrangement to be listed, including, dining options to choose from, if applicable. You will also be required to provide pricing information and abide the financial terms and rule set forth by Romeoplus. That guide can be provided at Romeoplus Fees and Terms (Link) We ask that all arrangements and listings have a valid physical address to be verified by GOOGLE MAPS . Each listings will be made publicly available via the website.
Other Members or Guests may view and book your listing, you understand that you may not charge a different price other than that of the original Reservation request. All fees and financial terms will be available to review at Romeoplus Fees and Payment Policy (Link)
You also acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Please note that Romeoplus assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Romeoplus reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Romeoplus, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or other terms as listed.
HOSTS:
You are considered a host, if you are a Member who creates a listing on the Romeoplus website on your respective property, which may or may not include the following locations: parks, recreational rooms, dining halls, beaches, and more. Registered guests and members may view and book your listing as a reservation at an hourly rate, with a minimum increments of 2 hours. You understand and agree that Romeoplus is not a party to any agreements entered into between hosts and guests or members, nor is Romeoplus a real estate broker, agent or insurer. Romeoplus has no control over the conduct of the guests and or members and other users of the website, services or any reservations, and disclaims all liability in this regard to the maximum extent permitted by law.
As a host, you should understand how the laws work in your respective cities. Some cities have laws that restrict your ability to host paying guests for short periods of time. These laws are often part of a city’s zoning or administrative code. In many cities, hosts must register, get a permit, or obtain a license before listing an arrangement and or accepting guests. Certain types of short-term reservations may be prohibited altogether. Local governments vary greatly in how they enforce these laws. Penalties may include fines or other avenues of enforcement. Hosts should review local laws before listing an arrangement on this website. Please note that Romeoplus assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations.
Hosts understand that there is a unique dining feature attached to all listings. Hosts may opt to include food, beverages, snacks, and other along with their listings. Please be advised that any location with beer, wine, spirits, or liquor may only accept guests/members who are 21 years of age or older. Any host found breaking this term may be banned or disallowed membership with Romeoplus for an infinite amount of time.
If you choose to create a listing on Romeoplus, you understand and agree that your relationship with Romeoplus is limited to being a member and an independent, third-party contractor, and not an employee, agent, joint-venturer or partner of Romeoplus for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of Romeoplus. Romeoplus does not control, and has no right to control, your listing, your offline activities associated with your listing, or any other matters related to any listing, that you provide. As a member you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Romeoplus, including by inappropriately using any Romeoplus intellectual property.
When you create a Listing, you may also choose to include certain requirements which must be met by the Guest or Members who are eligible to request a booking of your listing. This may include the requirement of a profile image, short summary of business, menu, if applicable, and more. You may also require any guest or member to include the requirement of their profile image, short summary of self, and other methods of verification. Any Member wishing to book your listing will abide by these requirements.
As a Host, you have a 24-hour period to respond to a Guest who has reserved your listing.
Timeline for Inquiry
- The guest is inquiring about a reservation for your listing and reservation is not prepaid.
- Both you and guest have to accept the reservation
- You only need to respond by writing a message or clicking “pre-approved” within 24 hours
Timeline for Booking Reservation
- The guest has already paid to secure the reservation
- Only requires your approval to accept or decline
- Function: You must click either “Accept” or “Decline”
Romeplus Rates their hosts based on their response time. So it is important that as a host, you respond in the 24-hour period.
Indemnity/Insurance Clause
If you are a Host, Romeoplus makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm or approve for the booking of your listing. Romeoplus recommends that Hosts obtain appropriate insurance for their listings. Please review any insurance policy that you may have for your property carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of or relating to members and or guests while at your listing. Each Party shall purchase and maintain throughout the term of this Agreement insurance or indemnity protection that is co-equal with its indemnity obligations. This shall include, but not necessarily be limited to (1) broad form commercial general liability insurance (including, as appropriate, products coverage if goods are being provided, and completed operations coverage, if construction related services are being provided), (2) personal/commercial automobile liability insurance (including, as appropriate, owned, hired, and borrowed auto coverages), and (3) professional liability/errors and omissions (if legal, accounting, consulting, IT consulting, or similar professional services are provided).
Romeoplus does not provide the Hosts with certain guarantee, under a third party insurance coverage which Romeoplus may provide for the Hosts in the event a Guest suffers some type of damage at a food-related reservation. Romeoplus requires a third party insurance policy. Romeoplus requires Host to carry event planning insurance. Host agrees, at its sole cost and expense, to procure and maintain in full force during the term of this Agreement (i) statutory worker’s compensation, (ii) general liability insurance, with limits of at least $1,000,000/$3,000,000 and (iii) excess liability coverage of at least $5,000,000. Host agrees to name Case as an additional insured on these policies. Host shall provide a certificate of proof of such insurance.
Hosts agrees to defend, indemnify and hold harmless Romeoplus, its Board of Trustees, officers, agents and employees, volunteers, individually and collectively, from and against all costs, losses, claims, demands, suits, actions, payments and judgments, including legal and attorney fees, arising from personal or bodily injuries, property damage or otherwise, however caused, brought or recovered against any of the above that may arise for any reason from or during or be alleged to be caused by the host.
Indemnity
Except with respect to claims arising from a Party’s separate negligence or willful acts, which shall remain that Party’s personal obligation, each Party agrees to defend, indemnify and hold harmless the other Party and its directors, officers, and employees with respect to a claim arising from the Party’s actual or alleged act, failure to act, error, or omission in the performance of their obligations under this Agreement or any governing law or regulation.
Romeoplus may offer Hosts the option of having photographers take photographs of their listings. If you as a Host choose to have photographer do this, Romeoplus shall own all copyrights in photographs taken but these photographs will be made available to you to include in your Listing with a watermark or tag bearing the words “Romeoplus.com Verified Photo” These photos become the sole property of Romeoplus and may not be reproduced without written consent.
As a Host, you understand and agree that Romeoplus does not act as an insurer or as your contracting agent. If a Member requests a reservation of your listing and appears at the aforementioned time, any agreement you enter into with such Guest is between you and the member and Romeoplus is not a party to it.
As a Host, you understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Romeoplus cannot and does not offer Tax-related advice to any Members.
Reporting Misconduct
If your guest has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Romeoplus by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you
Fees
Romeoplus takes 10% per transaction of the sale price. Romeoplus may adhere and modify fee or price may subject to change at any time.
Sample
Reservation Venue/Space Fee: 1 dinner for 1 couple = $100.00 USD
Reservation Venue Food: $10 per person x 2 guests = $20.00 USD
Reservation Venue Security Deposit: May depend on host
Reservation Cleaning Deposit: May depend on host
Reservation Fee (10%) of Total Sales Price: $12.00 ($100+$20=$120.00 USD x 10%=$12)
Additional fees may include: cleaning fee or security deposits
MEMBERS/GUESTS:
You are a guest if you are a member requesting from a Host a reservation of a listing on the website. You may be required to fill out a questionnaire about yourself, upload a clear photo, verify your identity, and more when requesting for a reservation. For a complete list of acceptable verification methods, see the Romeoplus guide here. Romeplus.com/FAQ
Applicable Fees
When you book a listing, you agree to also pay for any fees that may be incurred, including payment of listing location, food & beverages, cleaning fees, applicable taxes and more. Each listing will summarize what fees may be applicable.
When you make a reservation on your desired listing, there are two options you will encounter.
Inquire about the listing or add a special request. Please allow the host a 24-hour grace period to respond and direct for you to proceed
The listing meets your expectations. You prepay and directly book a listing. Your prospective host will confirm or deny-with reason with a 24-hour grace period
Damage during Reservations and Security Deposits
As a Guest, you are responsible for leaving the reservation site in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to the reservation. Please be aware that at some locations, there will be hosts on site.
DAMAGE & SAFETY POLICY
We are committed to your safety. Romeoplus is working to define our damage policy. If this changes, we will notify our members, hosts, and guests.
Reporting Misconduct
If your host has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Romeoplus by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you
OVERSTAYING WITHOUT HOST CONSENT
Your host designed your experience with the timing in mind. When you book a reservation on a listing, as a guest and member you agree to limit your time to the allotted time period scheduled. Any further changes will need to be relayed to the respective host. Please be courteous of the host’s time and other fellow members who may be hosted following your experience.
NOTICE
ALL Members: Access to this website, to its services, and application is intended for persons who are 18 years and older. If you are using this site, you are declaring that you are 18 years and older. Any users under the age of 18 is strictly prohibited. For users in the United States, if it becomes necessary to identify a user, requiring access to public records of criminal convictions or other offender registration, you hereby agree to allow Romeoplus to use the information we have obtained to the above mentioned terms.
ALL Members: agree to cooperate with and assist Romeoplus in good faith, and to provide Romeoplus with such information and take such actions as may be reasonably requested by Romeoplus, in connection with any complaints or claims made by Members relating to the listings or any personal or other property located at a listing, or with respect to any investigation undertaken by Romeoplus or a representative of Romeoplus regarding use or abuse of the services or site
Privacy Policy
When you use the website to book an accommodation or to list an accommodation, or are a registered user, we keep your information. For details on what we do with your personal information, visit our Privacy Policy – romeoplus.com/privacy
Other Terms of Service & Conditions of Use
Modification
Romeoplus reserves the right, at its sole discretion, to modify the website, these Terms, including any and all applicable fees, at any time and without prior notice. If the terms are modified, a notification of the modifications will be sent to all users by email, and displayed on the website. Any changes to the Terms will be effective at the time of posting. If you continue to use or access the website, you consent and accept the modified Terms.
No Endorsement
Romeoplus does not endorse any Member or Reservation.
Members are required by these Terms to provide accurate information. Although Romeoplus may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background
By registering for an Romeoplus Account, you agree that Romeoplus may – but is not obligated to – request a consumer report on you from a Consumer Reporting Agency. If we do request a consumer report, we’ll request and use it in compliance with applicable law, including the Fair Credit Reporting Act.
Service Fees and Other Fees
More information on Services Fees can be found at the Romeoplus FAQ – romeoplus.com/faq.
Cancellations and Refunds
All Reservations are subject to the Romeoplus cancellation policy, which is specified in the following link: romeoplus.com/terms-and-condition
User Conduct
The following terms apply to all including, hosts, guests, members, and users of this website.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the website. Failure to comply with these provisions will result in the termination of your Romeoplus account.
You also agree to:
use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in site;
not offer, as a Host a listing that you do not yourself own or have permission to list;
register for more than one Romeoplus Account or register for an Romeoplus Account on behalf of an individual other than yourself;
contact another Member for any purpose other than asking a question related to a listing;
not recruit or otherwise solicit any Host or other Member to join third-party services or websites that are competitive to Romeoplus, without Romeoplus’s prior written consent;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
not to use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
as a Host, submit any Listing with false or misleading information, including price information, or submit any Listing with a price that you do not intend to honor;
engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our website;
post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
advocate, encourage, or assist any third party in doing any of the foregoing; or accept or make a payment for Accommodation Fees outside Romeoplus Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Romeoplus harmless from any liability for such payment.
Romeoplus has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, Romeoplus may take a range of actions against you, including but not limited to removing or disabling access to any or all of your Member Content or deactivating or canceling your Listing(s) or Romeoplus Account, for a violation of this Section or these Terms.
Intellectual Property Ownership and Rights Notices
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Romeoplus and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of Romeoplus used on or in connection with the Site, Application, Services, and Romeoplus Content are trademarks or
Links
The website may contain links to third-party websites or resources. You acknowledge and agree that Romeoplus is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Romeoplus of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Some portions of the Romeoplus platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use.
Copyright Policy
Romeoplus respects copyright law and expects its users to do the same. It is Romeoplus’s policy to terminate in appropriate circumstances the Romeoplus Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Termination for breach, suspension and other measures
Romeoplus may immediately, without notice terminate these Terms if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the “User Conduct” provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Romeoplus Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Romeoplus believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, Romeoplus or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In addition Romeoplus may deactivate or delay Listings, reviews, or other Member Content, cancel any pending or confirmed Bookings, limit your use of or access to your Romeoplus Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your Romeoplus Account, or temporarily or permanently suspend your Romeoplus Account if (i) you have breached these Terms or our Policies, including material and non-material breaches and receiving poor ratings from Hosts or Guests, or (ii) Romeoplus believes in good faith that such action is reasonably necessary to protect the safety or property of Members, Romeoplus or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In case of non-material breaches and where appropriate, you will be given notice of any measure by Romeoplus and an opportunity to resolve the issue to Romeoplus’s reasonable satisfaction.
Consequences
If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your Romeoplus Account or any of your Member Content. If your access to or use of the Site, Application and Services has been limited or your Romeoplus Account has been suspended or this Agreement has been terminated by us, you may not register a new Romeoplus Account or attempt to access and use the Site, Application and Services through other Romeoplus Accounts.
Survival
If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
Disclaimers
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE, OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT ROMEOPLUS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. ROMEOPLUS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY ROMEOPLUS. ROMEOPLUS EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY LISTINGS VIA THE SITE AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF ROMEOPLUS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER ROMEOPLUS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, AND WHETHER OR NOT ROMEOPLUS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Romeoplus’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Romeoplus may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Romeoplus (i) via a Communication (in each case to the address or phone number that you provide) or (ii) by posting to the Site or via the Application. For notices made via a Communication, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms and your use of the Services will be interpreted in accordance with the laws of the State of Delaware and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Delaware or a United States District Court, District of Delaware located in Wilmington, Delaware for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
Dispute Resolution
If you reside in the United States, you and Romeoplus agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the site or content will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Romeoplus are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding. Further, unless both you and Romeoplus otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Location and Procedure. Unless you and Romeoplus otherwise agree, the arbitration will be conducted in the county where you reside. Arbitration will be conducted solely on the basis of documents you and Romeoplus submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Romeoplus will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Changes. Notwithstanding the provisions of the “Modification” section above, if Romeoplus changes this “Dispute Resolution” section after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Romeoplus’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Romeoplus in accordance with the provisions of this “Dispute Resolution” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
General
The failure of Romeoplus to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Romeoplus. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting Romeoplus
If you have any questions or feedback about these Terms please contact Romeoplus at: contactromeoplus@gmail.com.