TERMS OF SERVICE
Last updated as of Augsut 12, 2016.
RoomKaroo, LLC. and its affiliates, successors and assigns (“RoomKaroo” or “we” or “us”) is the owner and operator of the website, available at www.roomkaroo.com (“Website”), and the RoomKaroo Content (as defined in Section 14, below), features, data, information, tools, updates, code, software and mobile applications, e-mail notifications, newsletters, blog posts, products or any other services or materials provided by us (collectively, “Service” or “Services.” For the avoidance of doubt, the Website is included in the Services).
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING, USING AND/OR CREATING AN ACCOUNT ON THE SERVICES, CONSUMMATING A FINANCIAL TRANSACTION VIA THE SERVICES OR COMMUNICATING WITH USERS THROUGH THE SERVICES, YOU ARE AFFIRMING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.
You acknowledge that the Terms constitute a contract between you and RoomKaroo, even though they are electronic and not physically signed by you and RoomKaroo, and that they govern your use of the Services.
You agree that your access to and use of the Services is subject to these Terms and all applicable laws, and that any such access or use is undertaken at your own risk.
THE SERVICES ARE A PLATFORM FOR USERS (DEFINED IN SECTION 4, BELOW) TO CREATE LISTINGS (DEFINED IN SECTION, 4 BELOW) AND GUESTS, MOVERS (DEFINED IN SECTION 4, BELOW), AND/OR FOR MEMBERS TO LEARN ABOUT AND RENTAL UNITS (DEFINED IN SECTION 4, BELOW) DIRECTLY FROM THOSE USERS.
IN ADDITION TO THE STATEMENTS SET FORTH IN SECTIONS 17 AND 18 HEREIN, YOU UNDERSTAND THAT NO FINANCIAL TRANSACTIONS MAY BE MADE BETWEEN USERS VIA THE SERVICES, AND ROOMKAROO SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH ANY FINANCIAL TRANSACTION MADE OR ATTEMPTED TO BE MADE BETWEEN OR BY USERS OF THE SERVICES. ROOMKAROO IS NOT RESPONSIBLE FOR CONDUCTING CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS AND DOES NOT CONDUCT ANY SUCH CHECKS OR SCREENINGS. ROOMKAROO DOES NOT REVIEW OR VISIT ANY UNIT, NOR DOES IT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS MADE BY ITS USERS AND IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS WHEN INTERACTING WITH OTHER USERS, MEETING IN PERSON, SENDING MONEY TO ANOTHER USER OR OTHERWISE SHARING PERSONAL INFORMATION. YOU UNDERSTAND AND AGREE THAT ROOMKAROO IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN MEMBERS OR ANYONE ELSE, NOR IS ROOMKAROO A REAL ESTATE BROKER, AGENT OR INSURER. ROOMKAROO DOES NOT CONTROL, ENDORSE, HAVE ANY ASSOCIATION WITH, TAKE ANY RESPONSIBILITY FOR OR OTHERWISE MAKE ANY CLAIMS, REPRESENTATIONS, GUARANTEES OR WARRANTIES REGARDING, THE ACCURACY OR QUALITY OF ANY CONTENT IN CONNECTION WITH ANY UNITS OR LISTINGS (EACH DEFINED IN SECTION 4, BELOW), THE CONDUCT OF ANY USER OR A USER’S COMPLIANCE WITH RELEVANT LAWS OR REGULATIONS, THE LEGALITY OR SUITABILITY OF ANY UNIT OR ITS LANDLORDS, TENANTS, OR ANY OTHER RELATED THIRD PARTY IN CONNECTION WITH THE FOREGOING AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. ROOMKAROO CANNOT AND DOES NOT MAKE ANY GUARANTEES OF THE CREDIT WORTHINESS, HONESTY, BEHAVIOR, RENTAL HISTORY OR ABILITY TO PAY RENT OF ANY OF THE USERS OF OUR SERVICES.
IF ANY DAMAGE OR LOSS RESULTS FROM YOUR USE OF OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY FOR SUCH LOSS. ACCORDINGLY, ALL TRANSACTIONS ARE MADE OR ACCEPTED AT THE USER’S OWN RISK.
If you have any questions about the Terms or any of our other policies, please contact us at email@example.com
From time to time we will review the Terms to ensure they accurately reflect developments in the law and our business operations. We reserve the right to update and revise the Terms at any time. Any new features or tools that are added to the current Services shall also be subject to these Terms. If we do update the Terms, we will notify you here, as well as by doing one or more of the following: 1) posting a notice and link to the updated Terms the next time you log into the Services, at which point you must assent to such updated Terms in order to complete login; 2) posting a pop-up notice and link to the updated Terms on the Website; 3) e-mailing you a notice and link to the updated Terms; or 4) notifying you via RSS feed or pursuant to your user-configured notification preferences in connection with updates to these Terms.
You should review these Terms each time you newly engage with our Services. You will be deemed to have accepted these Terms, as updated, if you continue to use the Services after you receive notice of such updated Terms. We reserve the right to discontinue the Services or any part thereof at any time.
By accessing the Services you affirm that you are fully able and competent to enter into and comply with the Terms and that all the information you submit is accurate and truthful. We only permit individuals who are at least 18 years old and who can form legally binding contracts with us to use the Services.
These Services are solely available in the United States. If you access RoomKaroo from outside the United States, you do so at your own risk. You agree that you will not use the Services in any country or in any manner prohibited by United States export control laws or any other law, restrictions, or regulations that apply to you. You can only use or receive the Services to the extent applicable laws do not bar you from doing so.
By using the Services, you represent and warrant that you meet all eligibility requirements we outline in these Terms. We may still refuse to let certain people access or use the Services. We may also change our eligibility criteria at any time. We reserve the right, but are not obligated, to further limit the access of our Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.
While you may access some of the Services without registration, much of the content available through our Services requires registration, including without limitation, communicating with a Lister (defined in this Section 4, below) via the Services.
You are solely responsible for any activity that occurs through your account. In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your account at all times. Incorrect or outdated information may lead to errors or delays, for which we will not be responsible.
You are solely responsible for maintaining the security of your account and login credentials. You should never publish, distribute, or post login information for your account. We are not liable for any damages or loss caused from any unauthorized account actions. You are responsible for maintaining the confidentiality of your login, password, and account and for all activities that occur under your login or account, including any consequence resulting from your failure to do so. Please notify RoomKaroo at firstname.lastname@example.org immediately if you become aware of any unauthorized use of your account. You may not (a) share your account information or (b) use another person’s account.
Members. As a registered Member of our Services, you may act in one or more of the following capacities:
RoomKaroo Right to Terminate. We reserve the right to refuse registration, to suspend, block, prevent access to, cancel, or otherwise terminate an account and/or your right to use the Services at any time, with or without cause, in our sole discretion and without prior notice to you. We may refuse to accept or may cancel any registration, whether or not the registration has been confirmed, for any or no reason, and without liability to you or anyone else. We also reserve the right to limit or prohibit all activity, including registrations that, in our sole judgment, appear to be malicious or unlawful. In the event of termination, your obligations under these Terms will continue.
Your Right to Terminate. You can terminate your account by emailing us at email@example.com. However, any license granted by you under these Terms shall survive even after your account has been terminated. In addition, copies of User Content (as defined in Section 10, below) may have been retained as part of our routine backups. Notwithstanding the foregoing, any restrictions, reservations of rights and confidentiality as set forth herein shall remain in full force and effect upon the termination of this Agreement.
If you or RoomKaroo terminates or deactivates your account, you may lose all of your data, content, User Content (as defined in Section 10, below), history and other account usage information.
You are solely responsible for the payment of any fees incurred in connection with your use of the Services, including without limitation, those fees associated with the rental of a Unit. As stated above, RoomKaroo is not responsible or liable in any way whatsoever for any financial transactions made or attempted between or by Users of the Services.
You will be able to access aspects of the Services on compatible mobile devices (through an Internet-enabled mobile device on which you have downloaded or can otherwise access the applicable application, collectively an “Application”). Standard data and usage charges instituted by your mobile carrier may apply and, accordingly, you should check with your mobile carrier regarding the terms of your individual data or usage plan.
These Terms only govern the use of our Services. We may block access to certain Services (or certain features or content thereof) at any time for any reason. It is your responsibility to make sure your use of the Services is legal where you use them.
We do not warrant that the quality of any of our Services, products, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected. You acknowledge that we may establish general practices and limits concerning use of our Services, including but not limited to matters pertaining to the number and size of emails, time that User Content (defined in Section 10, below) and other information will remain on our Services, limitations on what User Content (defined in Section 10, below) may be posted and when and how long we will retain it. We may at any time destroy or log off accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion.
If you access our Services, you may come across content that you find offensive or upsetting. Your sole remedy is to simply stop viewing the content.
Due to maintenance, security or capacity issues, and also to some events over which we may not influence (force majeure, equipment malfunction, power failures, hostile attacks, etc.), RoomKaroo may be temporarily suspended or affected. We shall use our best commercially reasonable efforts to correct any errors and minimize any disruption, inaccessibility and/or inoperability of RoomKaroo, whether scheduled or not. Where feasible, we will endeavor to provide forty-eight (48) hours advance notice to you in the event of any scheduled downtime.
We may modify, update, or discontinue the Services (including any of their features) at any time without liability to you or anyone else. However, we will make a reasonable effort to notify you before we make such a change. Users shall bear sole responsibility for backing up their User Content (defined in Section 10, below) and all other content or materials in connection therewith. If the modified Services are not acceptable to you, your only recourse is to cease using the Services.
License to User Content. We do not claim any ownership rights to User Content. We do, however, require certain licenses from you, as set forth in these Terms, in order to operate and enable the Services, and to advertise, market or otherwise promote the Services. For example, we need to be able to transmit, store and copy User Content in order to display it to you and other Users or prospective Users, to create backups to prevent data loss, and anything else RoomKaroo deems necessary to provide the Services. Your acceptance of the Terms gives us the permission to do so and grants us any rights necessary to provide the Services to you. This permission includes allowing us to use third-party service providers in the operation and administration of the Services, and the rights granted to us are extended to these third parties to the degree necessary.
RoomKaroo Access. We will not access, view, display or listen to any User Content, except as set forth in the Terms and as reasonably necessary to perform the Services, including to monitor your conduct and misuse. Actions reasonably necessary to perform the Services may include (but are not limited to) (a) advertising, marketing or otherwise promoting the Services; (b) responding to support requests and facilitating communication among Guests and Members; (c) detecting, preventing, or otherwise addressing fraud, security, unlawful, or technical issues; and (d) enforcing these Terms. We reserve the right to review, remove, block, or modify any content on the Services, including User Content, without notice or further obligation to you.
Disclaimers. In addition to any disclaimers otherwise set forth herein, RoomKaroo does not pre-screen, control or endorse the content or data contributed by you and we make no claims or representations regarding any content we do not create. Unless explicitly stated, we do not endorse or have any associations with third-party sites or resources that we may link to on the Services. We take no responsibility related to User Content or third party content or any actions resulting from your use of any part of the Services. If any damage or loss results from your use of, reliance on, or any other connection between you and any content or data that any third party makes available, you acknowledge and agree that we are not responsible or liable, directly or indirectly. When you access third party resources on the Internet or through the Services, you do so at your own risk.
In addition to any other act that RoomKaroo in its sole discretion deems to be misuse, you may not:
You are responsible for your conduct, User Content and all communications and disputes with others while using the Services. We are not responsible for the accuracy, appropriateness, or legality of your conduct, User Content or any other information you may post, submit, make available or access by using the Services.
You acknowledge that we do not pre-screen User Content and that RoomKaroo has no obligation to monitor any information on the Services. Nevertheless, you acknowledge that RoomKaroo and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any of User Content that is available via the Services. We may also review User Content transmitted through non-public mechanisms (such as non-public channels within the Services) where we deem appropriate, including for violations of the Terms or in response to a User complaint. You must evaluate, and bear all risks associated with, the use of User Content and any other content you submit.
You shall comply with any codes of conduct, policies, storage limitations, or other notices RoomKaroo provides or publishes in connection with the Services. You shall promptly notify RoomKaroo if you learn of a security breach related to the Services.
By, uploading or posting User Content or any other content to, interacting with other Users on, or otherwise engaging in, the Services, you represent, warrant and covenant that (a) you have all necessary rights, permits, licenses, permissions and approvals to (i) use, submit, or share such User Content, (ii) grant the licenses in these Terms, and (iii) consummate a Transaction with a fellow User or other related parties; (b) your actions are not in violation of any pre-existing contractual obligations with any third parties, including without limitation, homeowners associations, condominium, lease or rental agreements; (c) your actions are not in violation of any applicable local, state or federal law, including without limitation the Fair Housing Act, as amended, and any zoning and other laws governing rentals or residential properties; (d) all information your provide is truthful and accurate; and (e) such User Content and any other of your activities in connection with your use of the Services, and RoomKaroo’s exercise of all rights and licenses granted by you in the Terms, do not and will not violate, infringe, or misappropriate any third party’s contractual, copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does such User Content contain any matter that is defamatory, obscene, libelous, unlawful, threatening, abusive, tortious, offensive or harassing. You agree to pay for all royalties, fees, and any other monies owing any person by reason of User Content you post on or through the Services.
You will defend, indemnify and hold us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim, demand, liabilities, loss, expenses or damages, including without limitation reasonable attorneys’ fees, arising out of or related to your User Content or any other content you make available on the Services, your use of the Services, or your violation of these Terms.
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to product or service descriptions, pricing, promotions, offers, charges and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel transactions if any information in the Services is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information in the Services, except as required by law. No specified update or refresh date applied in the Services, should be taken to indicate that all information in the Services has been modified or updated.
RoomKaroo Content. Except as otherwise provided herein, the Services and all content appearing therein are the exclusive property of RoomKaroo or our licensors and is protected by United States and international copyright laws. All trademarks, service marks, and trade names that appear on the Services and the overall “look and feel” of the Services (including color combinations, button shapes, layout, design and all other graphical elements) (collectively the “Marks”) are proprietary to RoomKaroo, or the respective owners of such Marks (collectively, “RoomKaroo Content”). You may not display, reproduce, or otherwise use RoomKaroo Content, without first receiving written consent from us. You may not remove or otherwise modify any legal or trademark notices from any content we make available through the Services.
Scraping the Services or using other automated or manual means to take our content is expressly prohibited. Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
If you would like to request authorization to use the RoomKaroo Content beyond the terms of the license set forth below, please contact us at firstname.lastname@example.org
RoomKaroo License. Subject to your compliance with these Terms and the law, you may access and use the Services and the RoomKaroo Content made available thereon (excluding software code). We (and our licensors) remain the sole owner of all right, title, and interest in the Services and RoomKaroo Content. We reserve all rights not granted under these Terms. In addition, any content that we provide to you is licensed on a personal, revocable, non-sublicensable, non-assignable and non-exclusive basis, not sold to you. You will not use, copy, adapt, modify, hack, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms. Our Services and RoomKaroo Content contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
Written Notification. RoomKaroo has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). You are hereby informed that RoomKaroo has adopted and reasonably implemented a policy that provides for the termination of access, in appropriate circumstances, to Users who are repeat copyright infringers. RoomKaroo may, in appropriate circumstances and at its discretion, disable and/or terminate access to Users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide RoomKaroo’s Copyright Agent the following information (to be effective, the notification must be in writing and provided to our Copyright Agent):
Upon receipt of a valid written notification containing the information as outlined in 1 through 6 above, RoomKaroo shall, (1) remove or disable access to allegedly infringing content; (2) forward the written notification to the alleged infringer; and (3) take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the allegedly infringing content.
Counter Notification. To be effective, a counter notification must be a written communication provided to RoomKaroo’s DMCA Agent that includes substantially the following:
Upon receipt of a valid counter notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and RoomKaroo will comply with this requirement within a reasonable time (or as otherwise required by law), provided RoomKaroo’s DMCA Agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain you from engaging in infringing activity relating to the material on RoomKaroo’s network or system.
DMCA Agent. RoomKaroo’s agent for notice of claims of copyright or other intellectual property infringement can be reached via email at email@example.com or via regular mail at the following address: RoomKaroo, LLC, Attention: Copyright Agent, Mr. Tanarath Kuch.
If you believe in good faith that any material posted on the Services infringes any of your rights other than in copyright, or is otherwise unlawful, you must send a notice to firstname.lastname@example.org, containing the following information:
If we receive a message that complies with all of these requirements, we will evaluate the submission, and if appropriate, in our sole discretion, we will take action. We may disclose your submission to the poster of the claimed violative material, or any other party.
IN ADDITION TO ANY DISCLAIMERS SET FORTH HEREIN, THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ROOMKAROO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO (A) YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, YOUR COMMUNICATIONS WITH, AND TRANSACTIONS FACILITATED BY A FELLOW USER; (B) USER CONTENT; (C) ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ROOMKAROO OR THROUGH THE SERVICES; OR (D) ANY OTHER COMMUNICATIONS, TRANSACTIONS, CONTENT OR DATA ON THE SERVICES, WHETHER PROVIDED OR OWNED BY YOU, ROOMKAROO OR BY ANY THIRD PARTY OR USER, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, BUGS, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO THE SERVICES (“HARMFUL COMPONENTS”), AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
IN ADDITION, ROOMKAROO DOES NOT REPRESENT, WARRANT OR OTHERWISE ENDORSE THAT THE SERVICES OR ANY CONTENT, INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SERVICES ARE ACCURATE, COMPLETE, AVAILABLE, CURRENT, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES.
ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF HARMFUL COMPONENTS, WE DO NOT GUARANTEE OR WARRANT THAT THE SERVICES OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SERVICES DO NOT CONTAIN SUCH HARMFUL COMPONENTS. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH COMPONENTS. IF YOU RELY ON THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK.
In addition to the above, you understand and agree to the following:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ROOMKAROO, ITS AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AGENTS, AND LICENSORS, INCLUDING ANY THIRD PARTY PROVIDER, BE RESPONSIBLE FOR, OR LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, BUSINESS LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT OR USER CONTENT, COMMUNICATIONS OR TRANSACTIONS PROVIDED THROUGH OR OTHERWISE FACILITATED BY THE SERVICES OR ANY ERRORS OR OMISSIONS OR INACCURACIES IN THE SERVICES; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR THE SERVERS OF ROOMKAROO OR ITS THIRD PARTY PROVIDERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN BY; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (IV) ANY HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES EARNED BY US FOR THE THREE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY; OR (II) $100.00.
THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ROOMKAROO WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Website may contain links to third-party websites or resources. You acknowledge and agree that RoomKaroo is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by RoomKaroo of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You will be able to connect your RoomKaroo account to third party accounts. By connecting your RoomKaroo account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
If any part of these Terms is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.
Notwithstanding anything to the contrary herein, these Terms constitute the entire agreement between you and RoomKaroo and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these Services. Any rights not expressly granted herein are reserved.
You agree that your use of the Services in another jurisdiction does not give rise to personal jurisdiction over RoomKaroo in jurisdictions other than Nevada. The laws of the State of Nevada will govern these Terms and the relationship between you and RoomKaroo as if you signed these Terms in Nevada, without regard to Nevada State’s conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN NEW YORK. In any such proceeding, you agree that service may be made upon you via e-mail at your e-mail address that we then have on-file.
This Section 22 includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.
Informal Process First. You agree that in the event of any dispute between you and RoomKaroo, you will first contact RoomKaroo and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
Arbitration Agreement. After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of RoomKaroo’s Services, or relating in any way to RoomKaroo’s communications with you, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and RoomKaroo. However, this arbitration agreement does not (a) govern any Claim by RoomKaroo for infringement of its intellectual property or access to the Services that (including the Website) is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual, you may opt out of this arbitration agreement within thirty (30) days of the first of the date you access this Website or the date you receive any Services by following the procedure described below.
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolved by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and RoomKaroo are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive any termination of these Terms.
If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to RoomKaroo, LLC., Attn: Legal, 13033 Penn Street, Suite 300, Whittier, CA 90602. The arbitration shall be administered by the American Arbitration Association (AAA) under its rules including, if you are an individual, the AAA’s Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the AAA’s Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.
The number of arbitrators shall be one. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If you are an individual and have not accessed the Services on behalf of an entity, we will reimburse those fees for claims totaling less than $100, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence shall not apply to the below subsection entitled “Class Action Waiver.”
Class Action Waiver. Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and RoomKaroo each waive any right to a jury trial.
We are not liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including—without limitation—mechanical, electronic or communications failure, or degradation.
You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.
If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver.
No party shall be liable to another party for failure perform its obligations under this Agreement if such failure is caused by any event or condition not reasonably within the control and anticipation of the affected party, including, without limitation, by fire, flood, typhoon, earthquake, explosion, strike, labor trouble or other industrial disturbance, unavoidable accident, war (declared or undeclared), act of terrorism, sabotage, embargo, riot, or any other cause beyond the control of the parties (“Force Majeure”), provided that the affected party promptly notifies the other party of the occurrence of such event or condition and takes reasonable steps necessary to resume performance of its obligations so interfered with.
The section and paragraph headings in these Terms are for convenience only and do not affect their interpretation. Whenever the words “include,” “includes” or “including” are used in the Terms, they shall be deemed to be followed by the words “without limitation.” Whenever the word “or” is used in the Terms, it shall not be deemed exclusive. All terms defined in the Terms shall have the defined meanings when used in any of the Terms unless otherwise defined therein. The definitions contained in the Terms are applicable to the singular as well as to the plural forms of such terms and to the masculine as well as to the feminine and neuter genders of such terms. Whenever the context requires, any pronouns used herein shall include the corresponding masculine, feminine or neuter forms.
You agree that regardless of any statute or law to the contrary, any claim or cause of action by you related to the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you have any questions, complaints, or claims with respect to the Services or any of the RoomKaroo agreements or Terms, you may contact us at email@example.com.
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