TERMS OF SERVICE
Last updated August 22nd, 2018
- INTRODUCTION AND ACCEPTANCE
- ELIGIBILITY; COMPLIANCE
- USER REGISTRATION
- USER CONDUCT
- INTELLECTUAL PROPERTY RIGHTS
- DIGITAL MILLENNIUM COPYRIGHT ACT
- PAYMENT, PRICING, AND RELATED TERMS
- ADDITIONAL TERMS SPECIFIC TO PROVIDERS
- ADDITIONAL TERMS SPECIFIC TO PREMIUM HOUSING PROVIDERS
- ADDITIONAL TERMS SPECIFIC TO MOVERS
- DAMAGE TO ACCOMMODATIONS; DISPUTES BETWEEN USERS.
- DATA AND WIRELESS ACCESS CHARGES
- DISCLAIMER AND LIMITATIONS OF LIABILITY
- CUSTOMER SUPPORT
- GOVERNING LAW; MISCELLANEOUS
1. INTRODUCTION AND ACCEPTANCE
Please read this Terms of Service Agreement (these “Terms”) carefully, as it constitutes legally binding terms and conditions between you, as the user of our Services (as defined below) and Roomi, Inc. and its affiliates, successors and assigns (“Roomi” “we” “us” or “our”). These Terms apply to your use of and access to (a) our website, located at www.roomiapp.com and all corresponding web pages and websites owned or operated by Roomi (the “Sites”), (b) the Roomi-branded mobile, web, tablet, desktop and other applications, including applications made available through Facebook, iOS and Android (the “App(s)”), or (c) any other content, applications, features, functionality, information and services offered by us whether through the Apps, the Sites or otherwise (each of the above individually and collectively referred to herein as the “Services”), whether you are accessing the Services and/or using the Services as a lister, roommate or visitor and whether via a wireless or mobile device, a tablet a personal computer or any other technology or device (each, a “Device”). If you are entering into these Terms in connection with your employment or on behalf of an organization or entity, you represent to us that you are authorized to bind your employer or such organization or entity and all references to “you” and “your” shall refer to you and your employer or such organization or entity. THESE TERMS CONTAIN ARBITRATION AND CLASS ACTION PROVISIONS LOCATED IN SECTION 21 OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE THE CHOICE NOT TO UTILIZE OUR SERVICES.
2. ELIGIBILITY; COMPLIANCE; VERIFICATION.
Use of our Services is limited to users 18 years of age and older and who can form legally binding contracts. By using our Services, you represent and warrant to us that you are at least 18 years of age or older. You also represent and warrant that your use of our Services does not (a) violate any law, rule or regulation to which you may be subject, including any export control laws, terms, conditions or requirements promulgated by any provider of a third party platform (e.g., Facebook) or Third Party Services, (b) neither you, nor your Accommodation (as defined in Section 4) (if you are a Provider (as defined in Section 4)) are located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (c) you are not listed on any U.S. Government list of prohibited or restricted parties, in each case under applicable law. Certain features of our Services may be subject to heightened age and/or other eligibility requirements and restrictions.
It is difficult to verify identities and profiles on the Internet and we do not assume any responsibility for the confirmation of any user’s, Provider’s or Mover’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but undertake no obligation to (a) ask users of the Services to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of users, (b) screen users of the Services against third party databases or other sources and request reports from service providers, and (c) where we have sufficient information to identify a user of the Services, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
3. USER REGISTRATION.
- Key Definitions.
- "Accommodation" means the living quarters or space that a Lister, Housing Provider or Premium Housing Provider wishes to offer through the Services.
- "Cancellation Policy" means the policy that allows a Mover to cancel his or her booking of an Accommodation in the event that Mover meets certain criteria applicable to such cancellation policy. The Cancellation Policy shall either be “Relaxed,” “Moderate” or “Strict” as further described in Sections 10 and 12 and in Roomi’s Cancellation Policy Terms and Conditions.
- "Housing Provider" means a provider of an Accommodation that is not currently the tenant or lives in the Accommodation.
- "Lister" means the peer to peer provider of an Accommodation listed on the Services.
- "Listing" means a listing that describes and/or relates to a particular Accommodation and such listing includes the Listing Content and any specifications or additional terms related to such Accommodation that a user posts via the Services.
- "Mover" means the person seeking an Accommodation via the Services for the purpose of consummating a rental and/or lease transaction with the Provider.
- "Premium Housing Provider" means a Housing Provider that has met Roomi’s requirements to be designated as a “Premium Housing Provider,” as determined by Roomi in its sole and absolute discretion.
- "Provider" means collectively and individually a Lister, Housing Provider and Premium Housing Provider.
- Services Generally. The Services create an online platform that allows Providers, Movers and our partners to publish, list, post, access and communicate regarding a variety of verified listings and ancillary services around the world. Among other features, the Services verify listings, provide renting suggestions, allow for secure in-app messaging, allow you to view the amenities, house rules and map before visiting an Accommodation and view potential Mover profiles. As the provider of the Services, Roomi does not own, create, sell, resell, provide, control, manage, offer, deliver or supply any Accommodations, nor is Roomi an organizer or retailer of travel packages under Directive (EU) 2015/2302. When a Provider and Mover make, establish or accept a booking for an Accommodation, they are entering into a contract directly with each other. Roomi is not and does not become a party to or other participant in any contractual relationship between such Provider and Mover, nor is Roomi a real estate broker or insurer. Roomi is not acting as an agent, representative or broker in any capacity for any Provider, Mover or user of the Services.
- Provider Services. Subject to these Terms, after you create a User Account and if you are a Provider, you will be able to create a listing that describes the Accommodation, provide details about your ideal roommate or Mover (e.g., non-smoker, no pets), the location of the Accommodation, Rent Payments and other related services (collectively, “Provider Services”). The Provider Services also allow you to charge and collect Rent Payments via RoomiPay and manage your Accommodations.
- Mover Services. Subject to these Terms, if you are a Mover, you will be able to search and view various Accommodations via the Services and, if you choose to create a User Account, save Accommodations you are interested in, submit requests for and book Accommodations, elect to undergo a background check, communicate with Roomi’s third-party partner regarding renter’s insurance and other related services (collectively, “Mover Services”). Depending on the Provider, the Mover Services may also enable you to submit Rent Payments via RoomiPay to the Provider.
- RoomiPay. RoomiPay is an optional service that allows Providers to collect Rent Payments and other payments from Movers. To enable RoomiPay for an Accommodation associated with your User Account please opt-in to RoomiPay via the help center link here.
5. USER CONDUCT.
We want to keep our Services safe and enjoyable for everyone and the use of our Services for unlawful or harmful activities is expressly prohibited. You agree that, while using our Services, you shall not:
- engage in or encourage conduct that would violate any applicable law, rule, regulation, judicial or government order or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or of any other person or entity;
- enable or allow others to use the Services via your User Account;
- submit, post, email, display, transmit or otherwise make available through our Services any material or take any action that is or is likely to be unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene or vulgar, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- submit, post, email, display, transmit or otherwise make available through our Services any material that you do not have a right to make available under any law, rule or regulation or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), or otherwise creates a security or privacy risk for any other person or entity;
- engage in or encourage conduct that affects adversely or reflects negatively on or interferes with our brand, Services, business, goodwill or reputation or causes duress, distress or discomfort to us or anyone else, or discourage any person from using our Services, or from advertising or becoming a supplier to us in connection with our Services;
- submit, post, email, display, transmit or otherwise make available through our Services any material that contains a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- except as expressly permitted herein, use our Services for commercial or business purposes, including to construct any kind of database or search engine;
- use the Services for any reason other than for its intended use, including to modify, disrupt, impair, alter or interfere with the use, features, function, operation or maintenance of our Services or the rights or use or enjoyment of our Services by any other user;
- offer, as a Provider, any Accommodation that you do not yourself own or have the right to offer or permission to make available through the Services;
- unless permitted by Roomi, book any Accommodation if you will not be using the Accommodation yourself;
- use the Services to request, make or accept a booking independent of the Services, to circumvent any Service Fees or for any other reason;
- re-identify or discover the identity of certain anonymous parties presented to you;
- impersonate any person or entity or falsely state or otherwise represent your affiliation with any person or entity;
- publish anyone’s identification documents or sensitive financial information;
- disrupt, interfere with, or inhibit any other User from using the Services (such as stalking, intimidating, or harassing others, inciting others to commit violence, or harming minors in any way);
- engage in chain letters, junk mail, pyramid schemes, spamming, or other unsolicited messages;
- take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers’ infrastructure;
- place advertisement of any products or services in the Services;
- attempt to modify, alter, interfere with or falsify the results of any background checks you elect to undergo;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with our Services;
- request, accept or make any payment for Service Fees outside of the Services. 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 Roomi harmless from any liability for such payment;
- solicit passwords or personal identifying information for commercial or unlawful purposes from other users or engage in spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping”, “phishing”, “database scraping”, or any other activity with the purposes of obtaining lists of other users or other information, including transmitting or facilitating in the transmission of junk email, chain letters, duplicative or unsolicited messages;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
- modify, reverse engineer, decompile or disassemble any part of our Services, whether in whole or in part, or create any derivative works from any part of our Services, or encourage, assist or authorize any other person to do so; or
- submit, post, email, display, transmit or otherwise make available through our Services any information, materials or content (and/or engage in or encourage conduct or other activities) that are, or could be perceived as, false, incorrect, misleading or deceptive.
- These obligations shall survive termination.
Roomi assumes no responsibility for monitoring our Services for inappropriate, false, incorrect, misleading, deceptive or unlawful content, information, materials or conduct posted by or on behalf of a third party. If at any time Roomi chooses in its sole discretion to monitor our Services, Roomi nonetheless assumes no responsibility for the information contained in or related to an Accommodation or User Postings (as hereafter defined), assumes no obligation to modify or remove any Listing or User Postings, and no responsibility for the conduct of any user. We may also review User Postings transmitted through non-public mechanisms (such as non-public channels within the Services) where we deem appropriate, including for violations of these Terms or in response to a user complaint. Roomi reserves the right to investigate and take appropriate legal action against anyone who, in Roomi’s sole discretion, violates, or is suspected of violating, this Section 5, including, without limitation, reporting you to law enforcement authorities.
You shall comply with any codes of conduct, policies, storage limitations, or other notices Roomi provides or publishes in connection with the Services. You shall promptly notify Roomi if you learn of a security breach related to the Services.
6. INTELLECTUAL PROPERTY RIGHTS
- "Content" means all content, audio-visuals, photographs, audio, images, illustrations, graphics, video, copy, software, etc.), code, data and materials displayed on or otherwise made available through the Services, including as contained in any advertisements and the “look and feel” of such content on the Services, but shall exclude Listing Content.
- "Listing Content" means the photos, images, illustrations, graphics or information that related to an Accommodation that you upload to the Services in connection with creating a Listing.
- "Trademrks" means all identifiers, trademarks, logos, service marks, and trade names associated with or controlled or owned by Roomi.
- "User Postings" means any post, review, provide feedback email or otherwise make available comments, data, text, sound, photographs, graphics, messages, reviews and feedback about the Services and/or Accommodations via the Services.
As between you and Roomi, Roomi owns the Services and all Content. This includes all intellectual property and proprietary rights in such Content. When you use the Services, or download materials from the Services, you do not acquire any ownership of any such Content. Upon uploading or making available any User Postings or Listing Content via the Services, you are granting to Roomi a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, sublicensable and transferable license to use, display, perform, reproduce, access, make available, distribute, adapt, modify, copy and create derivative works of the User Postings or Listing Content in connection with the Service and/or Roomi’s business. Except as permitted herein, the Services are only for your personal, non-commercial use. You may not make any commercial use of the Services, or any Content made available on the Services, unless you have received our prior written permission. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services, Content or Listing Content, except to the extent that you are the legal owner of certain Listing Content or as expressly permitted by these Terms.Trademarks
The Trademarks displayed on the Services are registered and unregistered Trademarks of Roomi and may not be used in any manner that is likely to cause customer confusion, or that disparages or discredits Roomi. You do not receive, by implication or otherwise, any license or right to use any Trademark or Content displayed on the Services without our prior written permission, which may be withheld in our sole discretion.User Postings
Our Services may provide you with an opportunity to submit, post, message and make available certain messages (both public and between users), postings and other content (collectively, “User Postings”). You represent and warrant (a) your User Postings will not violate these Terms, including, Section 5 and (b) that you own the User Posting posted or sent by you or otherwise have the right to grant the rights, licenses and privileges described in these Terms. All User Postings are and will be considered non-confidential and non-proprietary. User Postings do not reflect the views of Roomi, and you understand that by using our Services, you may be exposed to other people’s User Postings that could be offensive, indecent or objectionable and, as such, Roomi does not guarantee the accuracy, integrity, quality or content of any User Postings. We have the right, but not the obligation, to review any User Posting and to delete, remove, move, edit or reject or investigate any incidents related to such User Postings, without notice to you, for any reason or for no reason. Under no circumstances shall Roomi be liable in any way for User Postings, including, without limitation, errors or omissions in any User Postings, or any loss or damage of any kind incurred as a result of any User Postings made available.Restrictions
Except as we expressly permit, you may not download, display, copy, distribute, modify, perform, transfer, create derivative works from, sell, or otherwise exploit any Content on the Services or the Services themselves. The framing or scraping of or in-line linking to our Services or any Content, and/or the use of webcrawler, spidering or other automated means to access, copy, index, process and/or store any Content or the Services, other than as expressly authorized by us, is prohibited. You further agree to abide by exclusionary protocols (e.g., Robot.txt, Automated Content Access Protocol (ACAP), etc.) used in connection with our Services. Additionally, you are not permitted to alter, delete or conceal in any manner any copyright, Trademark, or other notices contained on our Services, including, without limitation, notices on any Content you transmit, display, print, stream or reproduce from our Services. Any unauthorized or prohibited use of any Content or the Services may violate or infringe copyright and other laws of the United States and other countries, as well as applicable local and state laws, and may subject you to liability for such unauthorized use.
7. DIGITAL MILLENNIUM COPYRIGHT ACT.
We require users to respect our copyrights, trademarks, and other intellectual property rights and shall enforce same. We likewise respect the intellectual property of others. If you believe that our Services contain elements that infringe your copyrights in your work, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on our Services are covered by a single notification, a representative list of such works on our Services;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Written notification of claimed infringement must be submitted to the following Designated Agent:
Attention: DMCA Copyright Agent, Ajay Yadav
33 Irving Place, 5th Floor
New York, NY 10003
Email Address of Designated Agent: firstname.lastname@example.org
For clarity, only DMCA notices should be sent to the Designated Agent and any other feedback, comments, requests for technical support, and other communications should be directed to Roomi customer service by sending an email to email@example.com. You acknowledge and agree that if you fail to comply with all of the requirements of this Section 7, your DMCA notice may not be valid.
If you believe that your content was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to make such content available to Roomi for use on our Services, you may send a counter-notice containing the following information to our Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and
- Your name, address, telephone number, and, if applicable, email address, and a statement that you shall accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our Copyright Agent, Roomi may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or the user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Roomi’s sole discretion.
To promote the Services and to increase exposure of the Accommodations to potential Movers, Accommodations and other related content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. From time to time, you may choose to communicate with, interact with, or obtain Third Party Services from Providers, advertisers, clients, sponsors, or other promotional partners (collectively, “Advertisers”) found on or through our Services or via a hyperlinked website, service or platform. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertisers or any goods or services you may purchase or obtain from any Advertiser).
9. PAYMENT, PRICING, AND RELATED TERMS.
Roomi may charge Listing, marketing and Listing boosts fees to Providers (“Provider Fees”) and/or service or marketing fees to Movers (“Mover Fees”) collectively, “Service Fees”) in consideration for the use of the Services. More information about when Service Fees apply and how they are calculated is available to you upon checkout when you book a Listing and at https://help.roomiapp.com/general/how-do-i-boost-my-listing. Any applicable Service Fees (including any applicable taxes) will be displayed to a Provider or Mover prior to publishing or booking an Accommodation and, depending on if you are a Mover or a Provider, shall be either added to or deducted from a Mover’s first month’s Rental Payment. Roomi reserves the right to change the Service Fees at any time, and will provide users adequate notice of any fee changes before they become effective.
You are responsible for paying any Service Fees that you owe to Roomi. The applicable Service Fees (including any applicable taxes) are collected by RoomiPay or a third party service provider. RoomiPay or the third party service provider will deduct any Service Fees from the Provider Fee before remitting the payout to the Provider. Any Mover Fees are included in the total fees collected by RoomiPay. Except as otherwise provided in the Services, Service Fees are non-refundable.Additional Fee-Based Services
We may make available certain fee-based transactions, content and other e-commerce services, including, without limitation, the ability to elect to undergo a background check and coordinate with our third party insurance partner to obtain renter’s insurance (“Fee-Based Services”). Certain Fee-Based Services may utilize third party service providers (e.g., Apple, Evident, etc.), and all purchases made through these third party service providers are subject to their respective terms and conditions, and in the event of a conflict between such third party’s terms and conditions and these Terms, the terms and conditions of the third party service provider shall govern and control. Roomi is not responsible and has no liability whatsoever for goods or services you obtain through our third party service providers or other web sites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. You agree to pay in full the prices for any purchases made using the User Account registered to you, including all applicable taxes and exchange fees.Payment Method and Terms
Our Services may accept certain methods of payment which will be indicated at the time of purchase as forms of payment (each, an “Authorized Payment Method”), subject to certain restrictions, including, without limitation, territory restrictions, bank/payment card restrictions, redemption restrictions, spending limits, third party service provider restrictions or otherwise, which may prevent the processing of your order. If a transaction has been declined online due to payment card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your transaction and should use another Authorized Payment Method. If a payment card company is being used for a transaction, Roomi may obtain a pre-approval from the applicable payment card company for an amount up to the amount of the order. All purchases and redemptions are final once you click the “Submit”, “Book” or similar button/link and billing to your payment card occurs at such time or shortly thereafter. If payment is not received by us from your credit card issuer, you agree to promptly pay all amounts due upon demand by us. Roomi reserves the right to change any and all prices or values for any products or services at any time, for any reason.Taxes
If you are a Provider, you are solely responsible for determining your obligations to report, collect, remit or include in your Rent Payments any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes. Tax regulations may require us to collect appropriate tax information from Providers, or to withhold taxes from payments made to Providers, or both.
In the event that Roomi is required to make any payments on behalf of a Provider to any tax authority, Provider shall immediately reimburse Roomi in full for such payments, including any interest assessed by such tax authority. You agree that any claim or cause of action relating to Roomi's facilitation any taxes shall not extend to any supplier or vendor that may be used by Roomi in connection with facilitation of any taxes, if any. Movers and Providers agree that we may seek additional amounts from you in the event that the taxes collected and/or remitted are insufficient to fully discharge your obligations to the tax authority, and agree that your sole remedy for occupancy taxes collected is a refund of occupancy taxes collected by Roomi from the applicable tax authority in accordance with applicable procedures set by that tax authority.
You understand that any appropriate governmental agency, department and/or authority where your Accommodation is located may require taxes to be collected from Movers or Providers on Rent Payments, and to be remitted to the respective tax authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the Rent Payments set by Providers, a set amount per day, or other variations, that may be referred to as “occupancy taxes” or “room taxes.”
Roomi reserves the right, with prior notice to Providers, to cease the collection of any taxes in any jurisdiction for any reason at which point Providers and Movers are once again solely responsible and liable for the collection and/or remittance of any and all occupancy taxes that may apply to Accommodations in that jurisdiction.Additional Terms and Conditions
Roomi may revise any or all of the fees and prices associated with the Fee-Based Services at any time for any or no reason. Further, while we try to be as accurate as possible when describing and displaying our products and services, Roomi does not guarantee that product or service descriptions or other content and products will be available, accurate, complete, reliable, current or error-free. Descriptions and images of, and references to, products or services on or in connection with the Fee-Based Services do not imply Roomi’s endorsement of such products or services. Despite our best efforts, some products or services may be mispriced or unavailable.
Roomi and its third party operational service providers reserve the right to change Listings and descriptions, images, and references, and to limit the availability dates of any Accommodation. Further, if Roomi terminates your use of or registration to our Services because you have breached these Terms, you shall not be entitled to a refund of any Service Fees, Rent Payments, Security Deposits, payments or other consideration.THIRD PARTY PRODUCTS AND SERVICES
WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY WHATSOEVER FOR GOODS OR SERVICES YOU OBTAIN THROUGH THIRD PARTY SERVICE PROVIDERS OR OTHER WEB SITES, WEB PAGES, APPLICATIONS AND PLATFORMS (EVEN IF ACCESSED WITHIN, THROUGH OR IN CONNECTION WITH THE SERVICES), AND ANY SUCH PURCHASES ARE SUBJECT TO THEIR RESPECTIVE TERMS AND CONDITIONS OF USE. YOU ACKNOWLEDGE AND AGREE THAT PRODUCT/SERVICE SPECIFICATIONS AND OTHER INFORMATION HAVE EITHER BEEN PROVIDED BY THE APPLICABLE THIRD PARTY VENDORS OR COLLECTED FROM PUBLICLY AVAILABLE SOURCES AND WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OR RELIABILITY OF ANY SUCH INFORMATION. ACCORDINGLY WE ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY TRANSACTION WITH ANY OF THESE THIRD PARTIES AS SAME IS CONDUCTED AT YOUR SOLE RISK. FURTHER, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE ANY SUCH THIRD PARTY, AND YOU IRREVOCABLY WAIVE ANY CLAIM AGAINST US OR OUR AFFILIATES WITH RESPECT TO ANY SUCH TRANSACTION. WE ARE NOT RESPONSIBLE FOR ASSISTING YOU IN CORRECTING ANY PROBLEM YOU MAY EXPERIENCE WITH GOODS AND SERVICES PURCHASED THROUGH A THIRD PARTY SERVICE PROVIDER, EVEN IF THE GOODS OR SERVICES ARE ACCESSED WITHIN, THROUGH OR IN CONNECTION WITH THE SERVICES. WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCTS OR SERVICES THAT YOU PURCHASE FROM ANY THIRD-PARTY OPERATIONAL SERVICE PROVIDER AS THOSE ARE OWNED AND OPERATED BY INDEPENDENT ENTITIES. CUSTOMER SERVICE ISSUES RELATED TO GOODS OR SERVICES SHOULD BE DIRECTED TO THE RELEVANT THIRD PARTY OPERATIONAL SERVICE PROVIDER.
10. ADDITIONAL TERMS SPECIFIC TO PROVIDERS
Accommodation Listing. When creating a Listing through the Services you must (a) provide complete and accurate information about your Accommodation and Provider Service (such as Accommodation description, location, move-in-date, Rent Payment and availability), (b) disclose any deficiencies, restrictions (such as house rules or no pets) and requirements that apply (such as guarantor requirements, requirements to execute a lease or housing rules), (c) if you are a Housing Provider or Premium Housing Provider, choose which Cancellation Policy applies (e.g., Relaxed, Moderate or Strict as further set forth in Roomi’s Cancellation Policy Terms and Conditions) to your Accommodation (note that if you are a Lister the Relaxed Cancellation Policy shall apply) and (d) provide any other pertinent information requested by Roomi. Roomi strongly encourages Providers to require Movers to execute a lease or agreement with Movers in order to set forth all applicable terms and conditions associated with the leasing of the Accommodation and establish a binding agreement between the Provider and Mover.UNDER NO CIRCUMSTANCES SHALL ROOMI BE LIABLE IN ANY WAY FOR ANY CLAIMS RELATED TO ANY LISTING, A PROVIDER’S FAILURE TO EXECUTE A LEASE OR AGREEMENT WITH A MOVER OR ANY SUCH CANCELLATION, REFUND AND/OR PAYOUT, INCLUDING, WITHOUT LIMITATION, A PROVIDER’S INABILITY TO FIND A DIFFERENT MOVER FOR THE ACCOMMODATION OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF SUCH FAILURE TO EXECUTE A LEASE OR AGREEMENT OR FOR ANY INACCURACIES IN THE LISTING. Listing Content used in your Listing must accurately reflect the quality and condition of the Accommodation and Provider Service. Unless expressly allowed by Roomi, you may not list more than one Accommodation per Listing. Roomi reserves the right to require that Accommodations have a minimum amount of Listing Content and with regard to photos or images, require a certain format, size and resolution. You are responsible for keeping your Accommodation information (including availability, Listing Content and Rent Payment) up-to-date at all times. Under no circumstances shall Roomi be liable in any way for any claims arising out of or related to the Listing, Listing Content, Cancellation Policy or the Accommodation, including, without limitation, a Provider’s or Mover’s use of the Accommodation, or any loss or damage of any kind incurred as a result of such Provider’s or Mover’s use of the Accommodation.
Rent Payment. You are solely responsible for setting a rental price (including any taxes if applicable, or charges such as cleaning fees) for your Accommodation (“Rent Payment”). Once a Mover requests to move into your Accommodation, you may not request that the Mover pay a higher Rent Payment than in the rental request. If you do request a higher Rent Payment, the Mover will have the right to cancel the booking for your Accommodation and receive a full-refund of the Total Fees.
Accommodation Requests. When you accept or have pre-approved a rental request by a Mover, you are entering into a legally binding agreement with the Mover and are required to provide the Accommodation to the Mover as described in your Listing and the terms set forth in the Listing Content, including the Rent Payment, when the Accommodation request is made. You also agree to pay the applicable Provider Fee and any applicable taxes.
Security Deposit. If you choose to require a security deposit for your Accommodation, you must specify this in your Listing ("Security Deposit"). Providers are not allowed to ask for a Security Deposit after an Accommodation request has been confirmed or outside of the Services. If you subsequently ask a Mover to provide a Security Deposit and the Mover does not agree to pay the Security Deposit, this constitutes a refusal to render Provider Services and Mover may cancel the booking. Roomi will not be involved in and is not responsible for administering or accepting any Security Deposits nor any claims by Providers related to Security Deposits. You, not Roomi, shall remain fully liable and responsible to hold the Security Deposit in a manner consistent with applicable laws and to return the Security Deposit to the Mover upon expiration of the lease term.
As a Housing Provider and Premium Housing Provider you have the ability to select which Cancellation Policy applies to your Listing. The Relaxed Cancellation Policy shall be the only Cancellation Policy available for Listings created by Listers. Once you select the applicable Cancellation Policy, the policy may not be modified after an Accommodation request has been confirmed. You can learn more information about Roomi’s Cancellation Policies and considerations for which policy you may prefer to choose for your Listing by visiting Roomi’s Cancellation Policy Terms and Conditions.
Provider Representations and Warranties. You represent and warrant that any Listing you post and the rental of, or a Mover's stay at, an Accommodation will (a) not breach any agreements you have entered into with any third parties, such as landowners, homeowners association, condominium, or other agreements, and (b) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Provider, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Mover and any individuals the Mover invites to the Accommodation.
11. ADDITIONAL TERMS SPECIFIC TO PREMIUM HOUSING PROVIDERS
In addition to abiding by the additional terms specific to Housing Providers, the following terms apply to Premium Housing Providers.
Requirements. In order to receive the “Premium Housing Provider” designation, Housing Providers must: (1) have completed five Accommodation bookings successfully, (2) supply Roomi with a letter of recommendation from a previous Mover and (3) complete the additional screening questions with a Roomi account manager. You may contact an account manager to arrange to complete the additional screening questions by emailing us at firstname.lastname@example.org.
Additional Benefits. Premium Housing Providers are eligible to receive additional benefits including Early Payouts (as further described below), premium marketing placement for their Listings and extended payment terms for Provider Fees.
Early Payouts. Certain Premium Housing Providers may be eligible to receive a portion of their Rent Payments (“Early Payout”) for a booking prior to the start date of a confirmed booking Accommodation by using the payment service that initiates payouts of Rent Payments to Premium Housing Providers (the “Early Payouts Service”). The Early Payout Service is subject to a fee equal to one percent (1%) of the first month’s Rent Payments (the “Payout Fee”). The Early Payouts Service modifies the schedule in which Roomi would initiate payouts of Rent Payments for confirmed booking Accommodations to enable the Premium Housing Provider to receive Rent Payments (less any applicable fees and charges including, Provider Fees and the Payout Fee) within forty-eight (48) hours of a confirmed booking for an Accommodation.
You are only eligible to use the Early Payout Service if: (1) you are a Premium Housing Provider and (2) the booking confirmation for an Accommodation is received between twenty-one and ninety (21-90) days in advance of the start date of the confirmed booking. In the event that you owe Roomi any outstanding amounts (e.g., Provider Fees, Cancellation Fees, Service Fees, etc.), Roomi will deduct those outstanding amounts from the Early Payout prior to remitting any Early Payout to the Premium Housing Provider.
Cancellations shall follow the Cancellation Policy you have chosen for the applicable Listing. If you receive an Early Payout for a confirmed booking of an Accommodation that is later cancelled, you agree to promptly return the Early Payout to Roomi. Without limiting any of Roomi’s other rights or remedies under these Terms, Roomi may offset such amounts attributable to the Early Payout against any other amounts due and payable to you by Roomi in connection with your use of the Services.
12. ADDITIONAL TERMS SPECIFIC TO MOVERS
Accommodation Requests. When you submit an Accommodation request, you agree that you are making an offer to the Provider to enter into a legally binding agreement with the Provider to rent the Accommodation for the lease term. You acknowledge and agree that a Provider may accept or reject your offer to rent the Accommodation in Provider’s sole and absolute discretion. Roomi will promptly notify you by email once an Accommodation request has been accepted or rejected by a Provider.
Mover Fees and Rent Payments. Subject to meeting any requirements (such as completing any verification processes) set by Roomi and/or the Provider, you can book or rent an Accommodation available via the Services by following the respective booking process. All applicable fees, including the Mover Fee, Security Deposit (if applicable), the first Rent Payment and any applicable taxes (collectively, “Total Fees”) will be presented to you prior to confirming your rental of the Accommodation. Roomi (via its payment processing partner) will collect the first month’s Rent Payment and Mover Fee upon confirmation of your booking of an Accommodation and shall remit such amounts to Provider immediately following the scheduled start date of an Accommodation rental. Except to the extent a Mover uses the RoomiPay service to deliver a Rent Payment to a Provider, all Rent Payments and Security Deposit payments made by Mover to Provider following the first Rent Payment shall be transacted directly between the Mover and Provider and Roomi (and its payment processing partners) shall have no responsibility or liability with regard to such payments. You agree to pay the Total Fees for any booking requested in connection with your User Account.
Rental Confirmation. Upon receipt of a rental confirmation regarding an Accommodation from Roomi, a legally binding agreement is formed between you and your Provider, subject to any additional terms and conditions of the Provider that apply, including in particular the Cancellation Policy or any rules and restrictions specified in the Listing. Additionally, it is your responsibility to comply with any requirements the Provider may have, including the provision of character references and/or guarantor information. Roomi (via its payment processing partners) shall collect the first month’s Rent Payment and Mover Fee upon confirmation of your booking of an Accommodation.
Modifications, Cancellations and Refunds.
Housing Providers and Premium Housing Providers may select which Cancellation Policy applies to their Listings. The Relaxed Cancellation Policy shall be the only Cancellation Policy available for Listings created by Listers. To learn more about the Cancellation Policies Housing Providers and Premium Housing Providers may choose from and your rights associated with each Cancellation Policy, please visit Roomi’s Cancellation Policy Terms and Conditions.
A Mover and Provider is responsible for any modifications to the rental terms with respect to a confirmed rental Accommodation that such Mover or Provider makes via the Services, direct Roomi Customer Service to make, or that such Mover or Provider makes offline and agrees to pay any additional Provider Fees, Mover Fees, Rent Payments and/or taxes associated with such modification. Movers can cancel a confirmed booking in accordance with the Listing’s Cancellation Policy, and as applicable, Roomi or Provider, will refund the amount of the Total Fees due to the Mover in accordance with such Cancellation Policy. Unless extenuating circumstances exist (as determined by Roomi in its sole discretion), you shall remain fully liable for and agree to remit any portion of the Total Fees due to the Provider under the applicable Cancellation Policy.
If a Provider cancels a confirmed rental, the Mover will receive a full refund of the Total Fees for such rental within a commercially reasonable time of the cancellation. Roomi may publish an automated review on the Listing cancelled by the Provider indicating that a booking was cancelled. In addition, Roomi may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled lease term, (ii) impose a lease cancellation fee, unless the Provider has a valid reason for cancelling the rental, to be determined in Roomi’s sole and absolute discretion, or has legitimate concerns about the Mover’s behavior and such fee shall be payable upon receipt of invoice from Roomi, (iii) suspend and/or terminate the Provider’s User Account and/or (iv) move Provider’s Listing to the bottom of the Listing search results or otherwise de-prioritize such Listing.
A Mover will also receive a full refund of the Total Fees for such rental in the event that Mover suffers either: (a) the Provider cancels a rental shortly before the scheduled start of the rental, or fails to provide the Mover with the reasonable ability to access the Accommodation (e.g., does not provide the keys and/or a security code); (b) the Mover cancels a confirmed rental because the Accommodation’s description in the Listing or depiction of the Accommodation is materially inaccurate with respect to: (i) the size of the Accommodation (e.g., number and size of the bedroom, bathroom and/or kitchen or other rooms), (ii) whether the booking for the Accommodation is for an entire home, private room or shared room, and whether another party, including the Provider, is staying at the Accommodation during the lease term, (iii) special amenities or features represented in the Listing are not provided or do not function, such as decks, pools, hot tubs, bathrooms (toilet/shower/bathtub), kitchen (sink/stove/refrigerator or major other appliances), and electrical, heating or air condition systems, or (iv) the physical location of the Accommodation (proximity); or (c) the Mover cancels a confirmed rental because at the start of the Mover’s booking, the Accommodation (i) is not generally clean and sanitary (ii) contains safety or health hazards that would be reasonably expected to adversely affect the Mover’s stay at the Accommodation in Roomi’s sole and absolute determination or (iv) has vermin or contains pets not disclosed in the Listing.
In certain circumstances, Roomi may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons where (i) Roomi believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Roomi, other users, third parties or property, or (ii) for any of the reasons set out in these Terms. Under no circumstances shall Roomi be liable in any way for any such cancellation, refund and/or payout, including, without limitation, your inability to find a different Accommodation or to lease the cancelled Accommodation, or any loss or damage of any kind incurred as a result of such cancellation, refund and/or payout.
Roomi Rent Protection for Listers.
For some Listings and subject to the below terms and conditions, Roomi may offer a free incentive (“Rent Protection”) to Listers who require Movers to book their Accommodations online. If a Lister qualifies for Rent Protection, a Lister may receive a full or partial refund in accordance with the terms below.
To qualify for Rent Protection and receive a Rent Protection payment from Roomi, you must: (a) provide Roomi with information supporting your request to alter the terms of an accepted booking and/or cancel the booking 24 hours after the move-in date, (b) respond to requests from and provide additional information to Roomi regarding the cancellation request, (c) not have directly or indirectly caused the circumstances leading to your request for cancellation (e.g., the Accommodation’s description in the Listing or depiction of the Accommodation is materially inaccurate, etc.), (d) have contacted Roomi requesting to cancel the booking no later than two weeks after the move-in date, (e) have made reasonable efforts to remedy the circumstances giving rise to the reason for your request for cancellation, including contacting the Mover via the Services, (f) provide reasonable evidence that the Mover vacated the Accommodation and has found an alternative rental space and (g) not have received a chat request from other potential Movers for a period of 14 days from the date that the original Mover vacated the Accommodation. If Lister meets the above prerequisites for Rent Protection, Lister will be eligible to receive up to one month’s Rental Fee for the Accommodation. In the event of any dispute related to Rent Protection, Roomi shall make the final determination with regard to such request in its sole and absolute discretion
13. DAMAGE TO ACCOMMODATIONS; DISPUTES BETWEEN USERS.
As a Mover, 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 Accommodation, excluding the Provider (and the individuals the Provider invites to the Accommodation, if applicable). Under no circumstances shall Roomi be liable in any way for any of your (or your guests) acts or omissions, including, without limitation, your or their use of the Accommodation, or any loss or damage of any kind incurred as a result of your or their use of the Accommodation.
Roomi is under no obligation and is not responsible for resolving disputes between Providers and Movers or any users of the Services. As further described in Section 17, in the event that Roomi contacts you about a dispute or claim between you and a Provider, Mover or user of the Services, you agree to cooperate with and assist Roomi in good faith, and to provide Roomi with such information and take such actions as may be reasonably requested by Roomi, in connection with any dispute or other complaints or claims made that relate to the Accommodations or any personal or other property located at an Accommodation (including, without limitation, payment requests made under any guarantees).
14. DATA AND WIRELESS ACCESS CHARGES
Certain of our Services may require data access, and the provider of data access (e.g., network operator, wireless carrier, etc.) for your Device may charge you data access fees in connection with your use of such including, without limitation, wireless carrier messaging and other communication, messaging and data fees and charges. Roomi will not be responsible for any such data access fees and charges in connection with your use of any Services. Further, the use or availability of certain Services may be prohibited or restricted by your wireless carrier and/or data access provider, and not all Services may work with all wireless carriers, networks, platforms, services or devices.
These Terms, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by us without restriction, notice or other obligation to you.
These Terms shall remain in full force and effect while you use or are registered to use any of our Services. You may terminate your use of or registration for our Services at any time, for any reason, and Roomi may terminate your use of or registration to the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability or obligation to you or any third party.
You agree to indemnify, defend and hold Roomi and its affiliates and their respective successors and assigns, present and former directors, officers, employees, representatives, agents, licensors, advertisers, partners, suppliers and service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with (a) your use of our Services, (b) your breach or violation these Terms, (c) your User Postings or Listing, (d) your interaction with any user, Mover or Provider or rental at any Accommodation, including, without limitation, any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (e) any taxes owed or assessed by any tax authority and (f) your breach of any laws, rules, regulations or third party rights. Roomi reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with us upon our request.
We may modify these Terms from time to time, and at any time, without notice to you, for any reason, in our sole discretion. We will make reasonable efforts to notify you before we make any such changes. However, we may post or display notices of material changes on our Services and/or notify you via other electronic means. Once we post or make them available on our Services, these changes become effective immediately and if you use our Services after they become effective it will signify your agreement to be bound by the changes. We recommend that you check back frequently and review these Terms regularly so you are aware of the most current rights and obligations that apply to you.
19. DISCLAIMER AND LIMITATIONS OF LIABILITY.
THE SERVICES, AND ALL CONTENT, PRODUCTS, LISTINGS, ACCOMMODATIONS SERVICES AND USER POSTINGS MADE AVAILABLE ON, THROUGH OR IN CONNECTION THEREWITH, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ROOMI, ITS AFFILIATES, SUCCESSORS AND ASSIGNS, PRESENT AND FORMER OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, PARTNERS, SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ANY PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
WHILE WE MAY HELP FACILITATE THE RESOLUTION OF DISPUTES, ROOMI HAS NO CONTROL OVER AND DOES NOT GUARANTEE (A) THE EXISTENCE, QUALITY, SAFETY, SUITABILITY, OR LEGALITY OF ANY LISTINGS, ACCOMMODATIONS, PROVIDER SERVICES, MOVER SERVICES OR THIRD PARTY SERVICES, (B) THE TRUTH OR ACCURACY OF ANY ACCOMMODATION DESCRIPTIONS, RATINGS, REVIEWS, OR OTHER LISTINGS OR USER POSTINGS, OR (C) THE PERFORMANCE OR CONDUCT OF ANY PROVIDER OR THIRD PARTY. ROOMI DOES NOT ENDORSE ANY PROVIDER, ACCOMMODATION OR PROVIDER SERVICES OR MOVER SERVICES. ANY REFERENCES TO A PROVIDER OR MOVER BEING "VERIFIED" (OR SIMILAR LANGUAGE) ONLY INDICATE THAT THE PERSONS HAS COMPLETED A RELEVANT VERIFICATION OR IDENTIFICATION PROCESS AND NOTHING ELSE. ANY SUCH DESCRIPTION IS NOT AN ENDORSEMENT, CERTIFICATION OR GUARANTEE BY ROOMI ABOUT ANY SUCH PERSON, INCLUDING OF THE PERSON’S IDENTITY OR BACKGROUND OR WHETHER THE PERSON IS TRUSTWORTHY, SAFE OR SUITABLE. YOU SHOULD ALWAYS EXERCISE DUE DILIGENCE AND CARE WHEN DECIDING WHETHER TO STAY IN AN ACCOMMODATION OR USE OTHER PROVIDER SERVICES, ACCEPT A BOOKING REQUEST FROM A MOVER, OR COMMUNICATE AND INTERACT WITH OTHER USERS, WHETHER ONLINE OR IN PERSON. VERIFIED IMAGES OF ACCOMMODATIONS ARE INTENDED ONLY TO INDICATE A PHOTOGRAPHIC REPRESENTATION OF A LISTING AT THE TIME THE PHOTOGRAPH WAS TAKEN, AND ARE THEREFORE NOT AN ENDORSEMENT BY ROOMI OF ANY PROVIDER OR ACCOMMODATION.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ROOMI, ITS AFFILIATES, SUCCESSORS AND ASSIGNS, PRESENT AND FORMER OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, PARTNERS, SERVICE PROVIDERS, PUBLISHERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SERVICES OR FROM THESE TERMS, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES. TO THE EXTENT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, LIMIT OUR LIABILITIES, THE EXTENT OF OUR LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THE CAPACITY OF THE SERVICES, IN THE AGGREGATE AND FOR EACH USER, IS LIMITED. CONSEQUENTLY, SOME MESSAGES, ACCOMMODATIONS, CONTENT AND TRANSMISSIONS, INCLUDING, WITHOUT LIMITATION, USER POSTINGS, MAY NOT BE PROCESSED IN A TIMELY FASHION OR AT ALL, AND SOME FEATURES OR FUNCTIONS MAY BE RESTRICTED OR DELAYED OR BECOME COMPLETELY INOPERABLE. AS A RESULT, YOU ACKNOWLEDGE AND AGREE THAT WE ASSUME NO LIABILITY, RESPONSIBILITY OR OBLIGATION TO TRANSMIT, PROCESS, STORE, RECEIVE OR DELIVER TRANSACTIONS, OR USER POSTINGS OR FOR ANY FAILURE OR DELAY ASSOCIATED WITH ANY USER POSTINGS OR LISTINGS AND YOU ARE HEREBY EXPRESSLY ADVISED NOT TO RELY UPON THE TIMELINESS OR PERFORMANCE OF THE SERVICES FOR ANY TRANSACTIONS, LISTINGS OR USER POSTINGS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU.
20. CUSTOMER SUPPORT.
For assistance with technical issues or customer support inquiries, please send an email to email@example.com.
21. GOVERNING LAW; MISCELLANEOUS.
A. These Terms contains the entire understanding and agreement between you and Roomi concerning our Services and supersedes any and all prior or inconsistent understandings relating to our Services and your use thereof. These Terms cannot be changed orally. If any provision of these Terms is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and these Terms shall be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of these Terms; however, no action arising out of these Terms or your use of our Services, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such case arose). The failure of Roomi to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.
B. These Terms and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of New York, exclusive of conflict or choice of law rules. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in New York County, New York before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to these Terms, the arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator determines a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. Each of you and Roomi agree to adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of these Terms) with respect to any final award in an arbitration arising out of or related to these Terms.
C. TO THE EXTENT ALLOWED BY LAW, EACH OF YOU AND ROOMI WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASS WIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY ARBITRATION.
D. To the extent that there is a conflict between these Terms and the Additional Terms, the Additional Terms shall govern. To the extent that there is a conflict between these Terms and the specific Rules for the activity in which you choose to participate, the Rules shall govern. To the extent that there is a conflict among these Terms, the Additional Terms and/or the Rules, the following order of precedence shall apply: first, the Rules, second, the Additional Terms, and third, these Terms.
E. The Services are controlled by Roomi from its offices in the U.S. Roomi makes no representation or warranty that our Services or Content contained on or made available in connection therewith is legal, appropriate or available for use in other locations. Those who choose to access our Services from other locations do so at their own risk and are responsible for compliance with any and all local laws, rules and regulation, if and to the extent local laws, rules and regulations are applicable. No software made available in connection with our Services may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions.Copyright © 2018 Roomi, Inc.