The Roaming Jew

Last Updated on October 6, 2009

These terms apply to your use of the websites located at www.theroamingjew.com, www.theroamingjew.net, www.theroamingjew.info, www.theroamingjew.MOBI, www.theroamingjew.org and www.theroamingjew.us, (collectively, the "Site"). By accessing, browsing, crawling, scraping or in any way using the Site, you agree to these terms, our privacy policy posted here, and all other guidelines or policies referenced herein (collectively, the "Terms of Service").

PLEASE READ THE TERMS OF SERVICE CAREFULLY. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF SERVICE. DO NOT USE THE SITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF SERVICE.

  1. Definitions.
    1. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. The terms "you" and "your" refer to you, as a user of the Site. The terms "we", "us", "our", and "TheRoamingJew.com" refer to The Roaming Jew.com LLC, a Arizona LLC
    2. "Content" means text, images, photos, audio, video, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to or through the Site, such as ratings, reviews, compliments, invitations, and information that you display as part of your account profile. "User Content" means Content that users submit or transmit to or through the Site. "The Roaming Jew" means Content that we create and make available on the Site. "Third Party Content" means Content that is made available on the Site by parties other than The Roaming Jew or its users, such as data providers who license data to The Roaming Jew for use on the Site. "Site Content" means all of the Content that is made available on the Site, including Your Content, User Content, Third Party Content, and The Roaming Jew Content.
  2. Changes to the Terms of Service.
  1. User Accounts.
  1. Use of the Site.
  1. Restrictions on Use.
    1. use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of the Site;
    2. use the Site to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
    3. use the Site for promotional or commercial purposes, except as expressly allowed in writing by The Roaming Jew;
    4. use the Site in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting shill reviews;
    5. use the Site for keyword spamming or to otherwise attempt to manipulate natural search results;
    6. use the Site to promote bigotry or discrimination against protected classes;
    7. use the Site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
    8. use the Site to submit or transmit pornography or illegal content;
    9. use the Site to solicit personal information from minors or to harm or threaten to cause harm to minors;
    10. use the Site in violation of the Terms of Service or any applicable law;
    11. modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by The Roaming Jew;
    12. reverse engineer any portion of the Site, except as may be permitted under the law;
    13. remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site
    14. record, process, or mine information about other users;
    15. use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Site or any Site Content;
    16. access, retrieve or index the Site to for purposes of constructing or populating a searchable database of business reviews;
    17. reformat or frame any portion of the Site;
    18. take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on The Roaming Jew's technology infrastructure;
    19. attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses"); use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
  1. Permission to Use Your Content.
  1. Responsibility for Your Content.
  1. Use of Content.
  1. Copyright Dispute Policy.
    1. Procedure for Reporting Copyright Infringements. If you are a copyright owner or agent thereof, and believe that your copyright is being infringed in connection with the Site, please send a written notification to the Designated Agent detailing the alleged infringement. Your written notification must include:
      1. Identification of the copyrighted work that you claim has been infringed;
      2. Identification of the Content on the Site that allegedly infringes upon the copyrighted work at issue, and information reasonably sufficient to permit The Roaming Jew to locate such Content;
      3. A statement by you that you have a good faith belief that the use of the Content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
      4. A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
      5. Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
    1. Procedure to Supply a Counter-Notice to the Designated Agent. If you believe that Content has been mistakenly removed from the Site pursuant to this DMCA policy, you may send a written counter-notice to the Designated Agent including the following:
      1. Identification of the Content that was removed, and the location on the Site where it would have been found prior to its removal;
      2. A statement under penalty of perjury that you have a good faith belief that the Content was removed as a result of a mistake or misidentification;
      3. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is located outside the United States, for any judicial district in which The Roaming Jew is located, and that you will accept service of process from the person who provided notification under 512(c)(1)(C) or an agent of such person; and
      4. Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
    2. Address for Designated Agent. Please contact the Designated Agent at the following address:
  1. Content Feeds.
  1. Site Availability.
  1. Unauthorized Access.
  1. Investigations.
  1. Feedback.
    1. Dissatisfaction. If you are dissatisfied with the Site, please provide feedback through our contacts page here. Your only other remedy with respect to any dissatisfaction with (i) the Site, (ii) the Terms of Service, (iii) any policy or practice of The Roaming Jew in operating the Site, or (iv) any content or information transmitted through the Site, is to terminate the Terms of Service and your account.
    2. Suggestions and Improvements. By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
  2. Termination.
    1. We may terminate or suspend your account or ability to use the Site, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the Site if you breach the Terms of Service or are suspected of involvement in illegal activity. Any such termination or suspension could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
    2. You may terminate the Terms of Service at any time by closing your account, discontinuing your use of any and all parts of the Site, and providing The Roaming Jew with a notice of termination here under the drop-down heading "Help me use The Roaming Jew" with the sub-topic "Close my account". If you close your account, we will use commercially reasonable efforts to stop displaying your account profile on the Site, but may continue to display Your Content where it implicates other users (e.g., compliments that you have sent to other users and comments that you have posted to The Roaming Jew Talk).
    3. In the event of any termination, whether by you or us, Sections 6, 8, 9, 13, 14, 15, 16, 17, 18, and 20 of the Terms of Service will continue in full force and effect, including our right to use Your Content as detailed in Section 7.
  3. Ownership.
  1. Warranties, Disclaimers, and Limitations of Liability.
    1. THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. THE ROAMING JEW MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS INFORMATION LISTED ON THE SITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE SITE. THE ROAMING JEW FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM THE ROAMING JEW OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
    2. THE ROAMING JEW DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF THE ROAMING JEW OR ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA.
    3. THE ROAMING JEW FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND SITE CONTENT. YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SITE.
    4. THE ROAMING JEW ALSO DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS ON THE SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, ADVERTISERS, AND USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH THE ROAMING JEW RESERVES THE RIGHT TO MONITOR DISPUTES BETWEEN YOU AND THEM.
    5. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
    6. THE ROAMING JEW'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO THE ROAMING JEW IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) US$100.00.
  2. Indemnity.
  1. Third Parties.
    1. The Site may include links to other websites (each, a "Third Party Site"). We do not control or endorse any Third Party Site, and you agree that we are not responsible for the availability or contents of such Third Party Sites.
    2. Some of the Site's mapping features are powered by Google Inc., the use of which is also governed by the terms of use located at http://maps.google.com/help/terms_maps.html (or such other URL as may be updated by Google Inc.). Some of the Site's mapping features are powered by Microsoft Corporation, the use of which is also governed by the terms of use located at http://go.microsoft.com/fwlink/?LinkId=21969. Microsoft Corporation's privacy policy can be found here: http://go.microsoft.com/fwlink/?LinkId21970.
  2. Miscellaneous.
    1. If there is any dispute about or involving the Site or The Roaming Jew, you agree that any such dispute will be governed by the laws of the State of Arizona without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts in Maricopa County, Arizona.
    2. No agency, partnership, joint venture, or employment is created as a result of the Terms of Service, and you do not have any authority of any kind to bind us in any respect whatsoever.
    3. We may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the Site.
    4. Except as otherwise stated in Section 19 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
    5. The Terms of Service contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Service.
    6. Any failure on our part to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
    7. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.
    8. The Terms of Service are not assignable, transferable or sublicensable by you except with The Roaming Jew's prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void.
    9. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
  3. Contact and Violations.
  1. Marks.