Terms & Conditions

Terms of Use

The following Terms of Use apply to all users of wheninroam.com (the “Website”) and other services that may be offered by When In ROAM, LLC (“ROAM”, “us”, “we” and “our”) from time to time (collectively, the “Services”). BY USING THE SERVICES, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE OR THE SERVICES.

ROAM reserves the right to change these Terms of Use from time to time at its sole discretion without notice to you. You agree to the changes to these Terms of Use by your continued use of Services after we post notice of such changes. If you do not agree to any changes we make to the Terms of Use, you must cease use of the Services. These Terms of Use were last modified as of May 3, 2017.


Who Can Use the Services

You must be: a) at least the age of majority in the state where you live to use this Website and the Services, and b) a resident of the United States. If you are under 13 years old, do not use this Website or the Services.


Your Use of the Services

You may not attempt to gain unauthorized access to any systems or networks connected to the Services, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of any network connected to the Services, nor breach the security or authentication measures for the Services or any network connected to the Services. You agree that you will not take any action that imposes an unreasonable or disproportionately large burden on the infrastructure of ROAM’s systems or networks, or any systems or networks connected to the Services. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or with any other person’s use of the Services.

You may not manipulate identifiers in order to disguise the origin of any message you send through the Services.

You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use, sell or otherwise exploit the Services for any commercial purposes.

You may not use the Services for any purpose that is unlawful or prohibited by these Terms of Use.

You may not use the Services to post or transmit any content that is libelous, defamatory, false, misleading, inaccurate, unlawful, obscene, racially or ethnically offensive, or objectionable, or that you have reason to believe infringes or otherwise violates the copyright, trade secret, patent, publicity, privacy or other intellectual property or proprietary rights of any person or entity. The Content you post or transmit may not contain profanity, intense violence, nudity or sexually explicit images, hate speech, graphic depiction of sexual activity or behavior, or the depiction of illegal drug use or the abuse of alcohol, drugs, or tobacco. You may not use the Services to port or transmit content that violates any law or regulation in the United States, Illinois, your home jurisdiction(s), or any jurisdiction where the content is stored, transmitted, or delivered.

In the case of any violation of these Terms of Use, ROAM reserves the right to 1) restrict or prohibit your use of the Services, and/or 2) seek all remedies available by law and in equity for such violations.


Privacy Policy

ROAM’s Privacy Policy applies to personal information you provide in connection with the Services. By using the Services you agree to the terms of ROAM’s Privacy Policy below.


General Disclaimer

THE SERVICES ARE PROVIDED “AS IS” WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. ROAM DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

ROAM SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, EVEN IF ROAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


Indemnification

You agree to defend, indemnify, and hold us, our affiliated companies, employees, representatives and agents harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the Services.


International Use

The Services are intended for use in the United States, and use of the Services from countries where the Services are illegal is prohibited.


General Terms

ROAM may modify the Services or discontinue the Services at any time without notice. You agree that ROAM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. These Terms of Use and the relationship with you shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You agree that any claims that you may assert against us will be resolved exclusively by arbitration in accordance with JAMS rules. Any arbitral dispute shall be governed by the substantive laws of the State of Illinois. You expressly waive the right to a trial by jury in any dispute with ROAM.

The failure of ROAM to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If for any reason a court finds that any provision or portion of these Terms of Use is unenforceable, the remainder of these terms will continue in force and effect.


Google Terms of Use

The website utilizes and features Google Maps. Please review their privacy policy, legal notices and terms of use. Portions of this Website may be are modifications based on work created and shared by Google and used according to terms described in the Creative Commons 3.0 Attribution License.

Privacy Policy

The web site accessible through wheninroam.com (the “Website”) is owned, operated and distributed by When In ROAM, LLC (“ROAM”), an Illinois Limited Liability Company (referred to in this Privacy Policy as “we” and through similar words such as “us,” “our,” etc.). BY ACCESSING ANY PART OF THE WEBSITE, YOU ARE AGREEING TO THE TERMS AND CONDITIONS DESCRIBED BELOW (THE “PRIVACY POLICY”) AND THE TERMS AND CONDITIONS OF OUR TERMS OF USE (THE “TERMS OF USE”). IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU SHOULD NOT USE THE WEBSITE. This Privacy Policy applies to all users, including both users who are simply viewing the Website and users who have subscribed for services or contributed content. We may, at our sole discretion, modify this Privacy Policy at any time. By accessing the Website at any time after such modifications, you are agreeing to such modifications. This Privacy Policy was last modified as of insert date.


What Personally Identifiable Information Do We Collect?

We collect the following types of personally identifiable information:

  • User Provided Information: You may affirmatively provide us with certain personally identifiable information (such as your name and email address) when participating in various activities on the Website.
  • Information Collected by "Cookies": When you visit the Website, we may send one or more “cookies” to your computer. A “cookie” is a small line of text that is stored with your Web browser, which we use to help provide better service to you. Your browser has options to accept, reject or provide you with notice when a cookie is sent. We may use cookies for many purposes, including (without limitation) to save your password so you don’t have to re-enter it each time you visit the Website, and to deliver content (which may include third party advertisements) specific to your interests.
  • Log File Information: Our servers automatically record certain information that your web browser sends whenever you visit the Website. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
  • Information Collected by “Clear GIFs”: We may employ “clear GIFs” (a.k.a. Web Beacons), which are used to track the online usage patterns anonymously (i.e., in a non-personally-identifiable manner). In addition, we may also use clear GIFs in HTML-based emails sent to users to track which emails are opened by recipients.

How Do We Use Personally Identifiable Information?

Any personal information that you voluntarily disclose online (on discussion boards, in messages and chat areas, within your public profile page, etc.) becomes publicly available and can be collected and used by others. If you have not opted out from receiving emails from us, we may use your email address or other personally identifiable information to send commercial or marketing messages on behalf of ourselves, ROAM. We also may use your email address for non-marketing or administrative purposes (such as notifying you of major Website changes or for customer service purposes). You cannot opt out of receiving emails for non-marketing or administrative purposes. We use aggregated information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Website and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends. In addition, we may use “cookies,” clear gifs and log file information to deliver content (which may include third party advertisements) specific to your interests, and remember information so that you will not have to re-enter it each time you visit the Website.


Will We Share Personally Identifiable Information with Others?

We will not share your personally identifiable information with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you have the ability to opt-in or opt-out. We may provide personally identifiable information to employees, consultants, affiliates or other businesses or persons for the purpose of processing such information on our behalf. In such circumstances, we require that these parties agree to protect the confidentiality of such information and to comply in all respects with this Privacy Policy. We may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Website. In addition, we may release personally identifiable information: (i) to the extent we have a good-faith belief that such action is necessary to comply with any applicable law, enforce any provision of the Terms of Use, protect ourselves against any liability, defend ourselves against any claims, protect the rights, property and personal safety of any user or protect the public welfare; or (ii) to respond to a court order, subpoena, or search warrant.


Third-party Advertisers

We may allow other companies, called third-party ad servers or ad networks, to serve advertisements within the Website. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the Website. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and to personalize the advertising content you see. You should consult the respective privacy policies of these third-party ad servers or ad networks for more information on their practices and for instructions on how to opt-out of certain practices. This Privacy Policy does not apply to them, and we cannot control their activities.


Is My Information Secure?

We have implemented security measures to protect personally identifiable information collected on the Website against loss, misuse or alteration. In addition, your account information is protected by a password for your privacy and security. It is important that you protect against unauthorized access to your password and to your computer by logging off once you have finished using a shared computer. Moreover, despite the precautions described above, we cannot and do not guarantee that the individual user information you have transmitted will not be intercepted by others and/or decrypted or accidentally disclosed, and we accept no liability for any unintentional disclosure.


In the Event of Merger, Sale, or Bankruptcy

In the event that we are acquired by or merged with a third-party entity, we reserve the right to transfer or assign the information we have collected from users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used.


Children’s Privacy

You must be at least 13 years old to use the Website.


Special Note to International Users

The Website is hosted in the United States and is intended for and directed to users in the United States. If you are accessing the Website from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Website, which is governed by U.S. law, this Privacy Policy, and our Terms of Use, you are transferring your personal information to the United States and you consent to that transfer.