TERMS OF SERVICE
ROGER provides 1-click accept of agreements in email and various communication channel. See our Site for further details on the features of the various ROGER Service offerings, which ROGER will endeavor to improve and expand over time.
If you register and buy more ROGER envelopes, you agree to pay all fees or charges to your account for the Service in accordance with the fees, charges and billing terms in effect at the time that each fee or charge is due and payable. Unless otherwise indicated in an order form, you must provide ROGER with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) as a condition to buying more ROGER envelopes. Your Payment Provider agreement governs your use of the designated credit card account, and you must refer to that agreement and not these Terms to determine your rights and liabilities with respect to your Payment Provider. By providing ROGER with your credit card number and associated payment information, you agree that ROGER is authorized to verify information immediately, and subsequently invoice your account for all fees and charges due and payable to ROGER hereunder and that no additional notice or consent is required. You agree to immediately notify ROGER of any change in your billing address or the credit card used for payment hereunder. ROGER reserves the right at any time to change its prices and billing methods, either immediately upon posting on our Site or by e-mail delivery to you.Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by you.All fees for the Service are non-refundable. No contract will exist between you and ROGER for the Service until ROGER accepts your order by appropriate means of communication.You are responsible for any third-party fees that you may incur when using the Service.
Changes to and Your Termination of the Service
You acknowledge and agree that ROGER may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at ROGER’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform ROGER when you stop using the Service. You acknowledge and agree that if ROGER disables access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which is contained in your account.
User Conduct, Commitments and Understandings
You agree not to access (or attempt to access) any of the Service by any means other than through the interface that is provided by ROGER, unless you have been specifically allowed to do so in a separate agreement with ROGER.You, directly or indirectly, alone or with any other party, may not:modify, change, create derivative works of, disassemble, decompile or otherwise reverse engineer the Service or any software provided in connection with the Service (“Software”), or remove proprietary legends in the Service or Software;distribute, transfer, resell, rent, lease, or loan the Service or Software to any other party, except as described herein;make the Service or Software available to others in a service bureau arrangement or for any similar commercial time-sharing or third party training use;harass, threaten or otherwise cause distress, unwanted attention or discomfort to a person or entity;send any unsolicited commercial email, spam, or bulk commercial email;impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;violate (intentionally or unintentionally) any applicable local, state, national or international law including, but not limited to, any regulations having the force of law;or interfere with or disrupt the Service or Software, or servers or networks connected to the Software, or disobey any requirements, procedures, policies or regulations of networks connected to the Service or Software.You agree that you are solely responsible for (and that ROGER has no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which ROGER may suffer) of any such breach. To the extent ROGER incurs any financial penalties or other costs and expenses (including investigation expenses) from ROGER’s server hosting facility, internet service provider or other vendors because of your use of the Software, you shall be obligated to immediately reimburse ROGER for any such penalties, costs or expenses.You understand that all information which you may have access to as part of, or through your use of, the Service are the sole responsibility of the person from which such materials originated, which may be you.While ROGER uses reasonable efforts to include accurate and up-to-date information on the Site, ROGER makes no warranties or representations as to its accuracy. ROGER assumes no liability or responsibility for any errors or representations in the content available on the Site (the “Content”).While ROGER shall maintain appropriate administrative, physical, and technical safeguards designed to protect the security of the Services and data in accordance with the ROGER security standards, you will be responsible for maintaining the security of your account, passwords (including but not limited to administrative and User passwords) and documents, and for all uses of your account.You shall not transmit to ROGER or upload to this Site any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.You may not use your username and password for any unauthorized purpose.
You agree to indemnify, defend and hold harmless ROGER, and its directors, officers, agents, contractors, partners and employees, from and against any loss, liability, claim, demand, damages, costs and expenses (including reasonable attorney's fees) arising out of or in connection with (i) your conduct in connection with the Service, and/or (ii) any violation by you of these Terms.
Intellectual Property Rights
Your access and use of the Service may be interrupted from time to time due to third-party failures outside of our control (such as unavailability of general Internet infrastructure). Access and use may also be interrupted for periodic updating, maintenance or repair of the Service by ROGER. While we will make reasonable efforts to make the Service available to you, we do not promise that it will be available at all times.ROGER cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. ROGER cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.
Your use of the Service and these Terms shall be governed by, and construed in accordance with, the internal laws of the State of New York without reference to the choice of law or conflicts of law principles thereof, and all claims relating to or arising out of your use of the Service or these Terms, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the State of New York without reference to the choice of law or conflicts of law principles thereof. Notwithstanding the foregoing, if you represent an entity or institution subject to state law mandating that such state’s laws govern your use of the Services, ROGER agrees to such governing state law.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, SHALL ROGER OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE SERVICE, EVEN IF ROGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.ROGER’S AND ITS LICENSORS’ ENTIRE AND AGGREGATE LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO ROGER FOR THE SERVICE DURING THE SIX (6) MONTHS PRECEDING THE DATE THAT A CLAIM OR DEMAND IS FIRST ASSERTED, EVEN IF ROGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IF YOUR USE OF MATERIALS FROM THIS SITE OR THE SERVICE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
ROGER welcomes comments, questions, concerns, or suggestions. Please send us feedback by emailing us at firstname.lastname@example.org or writing us at
Taggle Software Inc
902 Broadway Floor 14
New York, NY 10010