Please read these Terms of Service (these "Terms") carefully as they govern your use of (which includes access to) Rome Trucking, Inc.'s (“Rome”, “we”, or “us”) personalized services for book loads and other content, including all of our websites, mobile applications and software applications that incorporate or link to these Terms (collectively, the "Rome Service") and any load information or content that is made available through the Rome Service (the "Content").
Use of the Rome Service may be subject to additional terms and conditions presented by Rome, which are hereby incorporated by this reference into these Terms.
By signing up for, or otherwise using, or by clicking a button or checking a box marked “I Agree” (or something similar), the Rome Service, you signify that you have read, understood, and agree to be bound by these Terms and to the collection and use of your information as set forth in our Privacy Notice. If you access the Rome Service on behalf of a company, organization, or other entity, then you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. If, in connection with the Rome Service, you provide us with login credentials for third-party applications, websites, systems, or services, or if you authorize us to create such login credentials on your behalf, you represent and warrant that you are authorized to do so and grant Rome necessary permissions to use any such login credentials in order to access the relevant applications, websites, systems, services, or data. If you do not agree to these Terms, then you must not use the Rome Service or access any Content.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 6 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
These Terms are between you and Rome Trucking, Inc.
BY USING THE ROME SERVICE, YOU AFFIRM THAT YOU ARE 18 YEARS OR OLDER TO ENTER INTO THESE TERMS. Additionally, in order to use the Rome Service and access any Content, you represent that: you reside in the United States, and any registration and account information that you submit to Rome is true, accurate, and complete, and you agree to keep it that way at all times.
We use reasonable efforts to keep the Rome Service operational and to provide you with a personalized booking experience. However, our service offerings and their availability may change from time to time, without liability to you; for example:
Rome has no liability to you, nor any obligation to verify content posted on our platform, in connection with load information, contact information, or reviews that appear on our platform.
The Rome Service may be integrated with, or may otherwise interact with, third-party applications, websites, and services ("Third-Party Applications") and third-party personal computers, mobile handsets, tablets, wearable devices, speakers, and other devices ("Devices"), which are not owned or controlled by Rome. Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions, and policies provided to you by the applicable third party. Rome does not guarantee that Third-Party Applications and Devices will be compatible with the Rome Service. Rome does not endorse or assume any responsibility for any such Third-Party Applications and Devices. If you access a Third-Party Application or Device from the Rome Service or share your User Content on or through any Third-Party Application or Device, you do so at your own risk, and you understand that these Terms and Rome’s Privacy Notice do not apply to your use of any Third-Party Application or Device. Additionally, your dealings with or participation in promotions of advertisers found on the Rome Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Rome shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
You may need to create a Rome account to use all or part of the Rome Service. Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password. Notify our Customer Service team (email@example.com or 855-825-8595) immediately if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account. By providing Rome your email address you consent to our using the email address to send you Rome Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Rome Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences by emailing firstname.lastname@example.org. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Rome may reclaim, or require you to change, your username for any reason.
Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, non-transferable, revocable permission to make personal, non-commercial use of and access the Rome Service and the Content (collectively, "Access"). This Access shall remain in effect unless and until terminated by you or Rome. Rome may terminate your Access at any time for any reason or no reason. You agree that you will not redistribute or transfer the Rome Service or the Content.
The Rome Service and the Content are the property of Rome or Rome's licensors. All Rome trademarks, service marks, trade names, logos, domain names, and any other features and intellectual property of the Rome brand ("Rome Brand Features") are the sole property of Rome or its licensors. These Terms do not grant you any rights to use any Rome Brand Features whether for commercial or non-commercial use. Rome reserves all rights not expressly granted herein in the Rome Service and Content.
You agree to abide by the Rome User Guideline and not to use the Rome Service, the Content, or any part thereof in any manner not expressly permitted by these Terms.
We've established guidelines for using the Rome Service, to make sure the Rome Service stays enjoyable for everyone ("Rome User Guidelines"). In using the Rome Service, you must comply with the Rome User Guideline, as well as all applicable laws, rules, and regulations, and respect the intellectual property, privacy, and other rights of third parties.
If you establish a Rome account on behalf of a company, organization, entity, or brand (a "Brand," and such account a "Brand Account"), the terms "you" and "your," as used throughout these Terms (including other Rome terms and conditions incorporated by reference herein), apply to both you and the Brand.
If you create a Brand Account, you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms (including any other applicable Rome terms and conditions) and to bind the Brand to these Terms.
Rome's products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. You warrant that you are (1) not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and (2) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions or otherwise listed on any U.S. government list of prohibited or restricted parties.
You agree to comply with all applicable export and reexport control laws and regulations, including without limitation the EAR and trade and economic sanctions maintained by OFAC. Specifically, you agree not to – directly or indirectly – use, sell, export, reexport, transfer, divert, release, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Rome under these Terms to any destination, entity, or person or for any end-use prohibited by the EAR, trade and economic sanctions maintained by OFAC, or any applicable laws or regulations of the United States or any other jurisdiction without obtaining any required prior authorization from the competent government authorities as required by those laws and regulations.
Rome users may post, upload, or otherwise contribute content to the Rome Service ("User Content"). For the avoidance of doubt, "User Content" includes all information, materials and other content that is added, created, uploaded, submitted, distributed, or posted to the Rome Service by users.
You are solely responsible for all User Content that you post.
By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Rome Service, you represent and warrant that, with respect to any User Content you post on Rome, (1) you own or have the right to post such User Content; and (2) such User Content, or its use by Rome pursuant to the license granted below, does not: (i) violate these Terms, including the Rome User Guidelines, applicable law, or the intellectual property or other rights of any third party; or (ii) imply any affiliation with or endorsement of you or your User Content by Rome or any other individual or entity without the prior express written consent from Rome or such individual or entity.
In posting or sharing User Content or other information on the Rome Service, please keep in mind that content and other information will be publicly accessible, and may be used and re-shared by others on the Rome Service and across the web, so please use caution in posting or sharing on the Rome Service, and be mindful of your account settings. Rome is not responsible for what you or others post or share on the Rome Service.
Rome may, but has no obligation to, monitor or review User Content. Rome reserves the right to remove or disable access to any User Content for any or no reason. Rome may take these actions without prior notification to you.
You retain ownership of your User Content when you post it to the Rome Service. However, in order for us to make your User Content available on the Rome Service, we do need a limited license from you to that User Content. Accordingly, you hereby grant to Rome a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, irrevocable, worldwide license to reproduce, make available, perform and display, translate, modify, create derivative works from, distribute, and otherwise use any such User Content through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, in connection with the Rome Service. Where applicable and to the extent permitted under applicable law, you also agree to waive, and not to enforce, any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content. Additionally, to the extent you enter any driver login and password information, such information is deemed “User Content”, and you expressly permit us to use such information in connection with the Rome Service.
If you provide ideas, suggestions, or other feedback in connection with your use of the Rome Service or any Content ("Feedback"), such Feedback is not confidential and may be used by Rome without restriction and without payment to you. Feedback is considered a type of User Content under these Terms.
You also grant to us the right (1) to allow the Rome Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Rome Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same.
In any part of the Rome Service, the Content that you access, including its selection and placement, may be influenced by commercial considerations, including Rome's agreements with third parties.
Rome respects the rights of intellectual property owners. If you believe that any Content infringes your copyright rights, please see the Rome Copyright Policy.
If you have any questions concerning the Rome Service or these Terms (including any additional Rome terms and conditions incorporated herein), please contact Rome Customer Service at email@example.com or 855-825-8595.
The provider of services is set forth herein. Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at 1-800-952-5210.
These Terms will continue to apply to you until terminated by either you or Rome. Rome may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend your access to the Rome Service at any time if we believe you have breached any of these Terms, if we stop providing the Rome Service or any material component thereof, or as we believe necessary to comply with applicable law. We may permanently or temporarily terminate or suspend your access to the Rome Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. If you or Rome terminate these Terms, or if Rome suspends your access to the Rome Service, you agree that Rome shall have no liability or responsibility to you, and (except as expressly provided in these Terms) Rome will not refund any amounts that you have already paid. You may terminate these Terms at any time, in which case you may not continue accessing or using the Rome Service. To terminate your Rome account, please contact us at firstname.lastname@example.org.
The following sections shall survive termination: Sections 2 (The Rome Service Provided), 3 (Your Use of the Rome Service) (except as set forth therein), 4 (Content and Intellectual Property Rights), 6 (Problems and Disputes), 7 (About These Terms), as well as any other sections of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms.
THE ROME SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. FURTHER, ROME AND ALL OWNERS OF THE CONTENT DISCLAIM ANY EXPRESS, IMPLIED, AND STATUTORY WARRANTIES REGARDING THE CONTENT, INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER ROME NOR ANY OWNER OF CONTENT WARRANTS THAT THE ROME SERVICE OR CONTENT IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, ROME MAKES NO REPRESENTATION REGARDING, NOR DOES IT WARRANT OR ASSUME ANY RESPONSIBILITY FOR, ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE ROME SERVICE OR ANY HYPERLINKED WEBSITE, AND ROME IS NOT RESPONSIBLE FOR ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM ROME SHALL CREATE ANY WARRANTY ON BEHALF OF ROME. WHILE USING THE ROME SERVICE, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the exclusion and limitations in this section may not apply to you.
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE ROME SERVICE IS TO UNINSTALL ANY ROME SOFTWARE AND TO STOP USING THE ROME SERVICE. YOU AGREE THAT ROME HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE ROME SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD-PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO ROME , FOR ANY PROBLEMS OR DISSATISFACTION WITH ANY THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL OR STOP USING SUCH THIRD-PARTY APPLICATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ROME , ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE ROME SERVICE, DEVICES, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER ROME HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE ROME SERVICE, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT MORE THAN THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO ROME DURING THE TWELVE MONTHS PRIOR TO THE FIRST CLAIM; OR (B) $30.00.
For clarification, these Terms do not limit Rome's liability for fraud, fraudulent misrepresentation, death or personal injury to the extent that applicable law would prohibit such a limitation.
ANY CLAIM ARISING UNDER THESE TERMS MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION OR FILING AN INDIVIDUAL ACTION UNDER THE ARBITRATION AGREEMENT BELOW) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
We may make available software to access the Rome Service via a mobile device (“Mobile Applications”). To use any Mobile Applications you must have a mobile device that is compatible with the Mobile Applications. Rome does not warrant that the Mobile Applications will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Rome hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one Rome account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Applications; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (v) delete the copyright and other proprietary rights notices on the Mobile Applications. You acknowledge that Rome may from time to time issue upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof, and Rome or its third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. Rome reserves all rights not expressly granted under these Terms. If the Mobile Applications is being acquired on behalf of the United States Government, then the following provision applies. The Mobile Applications will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Rome Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. The Mobile Applications originates in the United States, and is subject to United States export laws and regulations. The Mobile Applications may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Applications may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Applications and the Rome Service.The following applies to any Mobile Applications you acquire from the Apple App Store (“Apple Sourced Software”): You acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and Rome only, not with Apple, Inc. (“Apple”), and Apple is not responsible for the Rome Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Rome Service. In the event of any failure of the Rome Service to conform to any applicable warranty, you may notify Apple and Apple will refund the applicable purchase price for the Apple Sourced Software to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Rome Service. Apple is not responsible for addressing any claims by you or any third party relating to the Rome Service or your possession or use of the Rome Service, including: (1) product liability claims; (2) any claim that the Rome Service fails to conform to any applicable legal or regulatory requirement; (3) claims arising under consumer protection or similar legislation; and (4) claims with respect to intellectual property infringement. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Rome Service or your possession and use of the Apple Sourced Software infringe that third party's intellectual property rights. You agree to comply with any applicable third-party terms, when using the Rome Service. Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
The following applies to any Mobile Applications you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that these Terms are between you and Rome only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Rome, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms as they relate to Rome’s Google-Sourced Software.
You agree to defend, indemnify and hold Rome harmless from and against any and all claims, damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of any of these Terms (including any additional Rome terms and conditions incorporated herein); (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Rome Service; (4) your violation of any law or the rights of a third party; (5) your willful misconduct; or (6) any other party’s access and use of the Rome Service with your unique username and password.
These Terms are governed by and shall be construed in accordance with the laws of the State of California, United States of America, without regard to California's choice or conflicts of law principles. Further, you and Rome agree to the jurisdiction of the federal and state courts located in San Francisco, California, to resolve any dispute, claim, or controversy that relates to or arises in connection with these Terms or the Rome Service that is not subject to mandatory arbitration under the Arbitration Agreement below, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
This Arbitration Agreement section sets forth the terms and conditions pursuant to which disputes, claims and controversies between you and Rome will be resolved through arbitration ("Arbitration Agreement").
You and Rome agree that any dispute, claim, or controversy between you and Rome arising in connection with or relating in any way to these Terms or to your relationship with Rome as a user of the Rome Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory binding individual (not class) arbitration. You and Rome further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney fees and costs only where allowable under applicable law), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of these Terms.
You and Rome both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to bring an individual action (1) in a U.S. small claims court or (2) in a court of law, in accordance with the jurisdiction and venue described in the Dispute Resolution and Arbitration section above, seeking (a) only temporary or preliminary individualized injunctive relief, pending a final ruling from the arbitrator or (b) public injunctive relief, pending a ruling on the substance of such claim from the arbitrator. In addition, this Arbitration Agreement doesn't stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
YOU AND ROME AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Rome agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
Either you or we may start arbitration proceedings. Any arbitration between you and Rome will take place under the Consumer Arbitration Rules of the American Arbitration Association ("AAA") then in force (the "AAA Rules"), as modified by this Arbitration Agreement. You and Rome agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879.
Any arbitration hearings will be conducted by phone or videoconference to the extent possible, but if the arbitrator determines that a hearing should be conducted in person, the locale for such hearing shall be determined by the arbitrator in accordance with the AAA Rules.
If you choose to file an arbitration proceeding and you are required to pay a filing fee, Rome will reimburse you for that filing fee, unless your claim is for greater than US $10,000, in which case you will be responsible for the filing fee. Rome will pay any other arbitration fees, including your share of arbitrator compensation, unless otherwise required by AAA Rules or court order. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by electronic mail to email@example.com and by certified mail, Federal Express, UPS, or Express Mail (signature required) to the address below ("Notice"). Rome's address for Notice is: Rome Trucking, Inc., Attn: Craig Weiss, 2261 Market Street #4797, San Francisco, CA 94114. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Rome may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Rome shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, and the arbitrator issues you an award that is greater than the value of Rome's last written settlement offer, then Rome will instead pay you either the amount of the award or $1,000, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator's decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in the 'Governing law and jurisdiction' section above shall govern with respect to any aspect of any dispute, claim or controversy that, as a result of such invalidation, is no longer governed by this Arbitration Agreement.
Under applicable law, you may have certain rights that can't be limited by a contract. These Terms are in no way intended to restrict those rights.
We may, in our sole discretion, modify or update these Terms (including any additional Rome terms and conditions incorporated by reference herein) from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made . Any such changes will not apply to any dispute between you and us arising prior to the date on which the Terms were changed. Your use of the Rome Service following any changes to these Terms will constitutes your acceptance of such changes. If you do not wish to continue using the Rome Service under the updated Terms, you may terminate your account by contacting us at firstname.lastname@example.org or 855-825-8595. The effective date set forth at the top of this document indicates when these Terms were last changed.
These Terms, together with any amendment and any additional agreements you may enter into with Rome in connection with the Rome Service, shall constitute the entire agreement between you and Rome and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.
Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Rome or any third-party beneficiary to enforce these Terms or any provision thereof shall not waive Rome's or the applicable third-party beneficiary's right to do so.
Rome may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sub-license your rights under these Terms, to any third party.