Last Updated: September 27, 2017

Thank you for your interest in ROOM8. These Terms of Service (“Terms”) constitute a legally binding contract between you (“you” or “your”) and ROOM8 Lab, (“ROOM8,” “us,” “we,” or “our”) that governs your use of the ROOM8 mobile app (the “App”) and associated online services (collectively, the “Service”). BY ACCESSING OR USING THE SERVICE, THROUGH THE USE OF THE APP OR OTHERWISE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU CANNOT ACCESS OR USE THE SERVICE.

PLEASE NOTE: SECTION 14 OF THESE TERMS CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH ROOM8 ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.  

1. The Service and Account Registration.

A. Eligibility. You must be at least 18 years of age to access and use the Service. By creating an account and using the Service, you represent and warrant that you are 18 or older, can form a binding contract with ROOM8, you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition, and you will comply with these Terms and all applicable local, state, national and international laws, rules and regulations.

B. Creating an Account and Profile. In order to use the App and the Service, you will need to create an account and establish a profile. You agree to create only a single account and provide accurate, truthful, current and complete information when creating your account and profile. You can also use your Facebook or LinkedIn login credentials to create your account and build your profile. If you do so, you authorize us to access and use certain Facebook and LinkedIn account information, including but not limited to your public profile and information about your friends you might share in common with other ROOM8 users. You agree to maintain and promptly update your account and profile information. You understand that you are responsible for the security of your account and must not share your password with others. You will promptly notify ROOM8 if you discover or suspect any unauthorized access or use of your account. You are responsible for all activities that occur on your account.

 C. Matches and Listings. The Service provides a platform for users to search for potential roommates and post roommate listings or openings. The Service analyzes your profile information from your account and from time to time, the Service will notify you of other users who have similar interests that you may want to consider for a roommate. Once you have found a roommate, you can remove your profile from other users search results, by indicating within the App that you’ve found a roommate.

 

2. App License.

A. License Grant. Subject to these Terms, ROOM8 grants to you a limited, revocable, non-transferable, non-exclusive, personal license (without the right to sublicense) to install and use the App for your non-commercial use on one or more compatible mobile device(s), owned or controlled by you (each, a “Mobile Device”).  

B. Restrictions. You may not (i) reproduce the App in any form or by any means, except as expressly permitted by these Terms; (ii) resell, rent, lease, loan, or otherwise distribute or transfer the App to any third party; (iii) decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be expressly permitted by the license terms governing use of any open-sourced components included with the App); (iv) remove, obscure, or alter any copyright, trademark or other proprietary rights notices, falsify or delete any author attributions, legal notices or other labels of the origin or source of the App; (v) use the App to transmit any computer viruses, worms, Trojan horses or other malware; (vi) use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the App or any Content; (vii) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on ROOM8's technology infrastructure or otherwise make excessive traffic demands of the App; (viii) use the App to send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; (ix) use the App to violate any laws or regulations; or (x) use the App to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party.

 C. Updates. We reserve the right (but have no obligation) to modify, update or upgrade the App and/or the Service at any time (“Update”), and you consent to this through your download or access to such Update, or through your continued use of the updated or upgraded App and/or the Service, as applicable. These Terms will govern any Update provided by us that replaces and/or supplements the App, unless such Update is accompanied by a separate license in which case the terms of that license will govern. 

D. Access. You must provide at your own expense the equipment, Internet connections or devices and/or wireless service plans to access and use the App. ROOM8 does not guarantee that the App can be accessed on all devices or wireless service plans or that this App will be available in all geographic locations. You acknowledge that when you use this App, your wireless carrier may charge you fees for data, messaging and/or other wireless access. Please check with your carrier to see if there are any such fees that apply to you. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS THIS APP FROM YOUR MOBILE DEVICE.

E. Additional Terms for iOS. If you have downloaded this App from the Apple, Inc. (“Apple”) iTunes App Store, you acknowledge and agree to the following: (i) these Terms and the license granted in 2.A above are between you and ROOM8, and not with Apple, and ROOM8 is solely responsible for the App; (ii) your use of the App is subject to the Usage Rules set forth in the App Store Terms of Service; (iii) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (iv) ROOM8, not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of the App; (v) In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be ROOM8’s sole responsibility; and (vi) Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.

 

3. Privacy Policy and Consent to Use of Information.

You understand that we may collect certain information from you in connection with your access to and use of the Service, including but not limited to technical information about your Mobile Device, device id, geo-location, system and application software, and peripherals, and use that information to improve our products and services and to facilitate the provision of the Service, Updates, product support, and other services to you that are related to the Service. This collection and use of your information is subject to the ROOM8 Privacy Policy, which can be found at: https://www.room8.io/privacy-policy (“ROOM8 Privacy Policy”), and which is supplementary to these Terms. 

If you do not agree with the ROOM8 Privacy Policy, you cannot access or use the Service, and you have no right to use and must immediately remove the App from your Mobile Device.

 

4. Content.

A. Your Content. You understand that portions of the Service may allow you to upload or post text, images, photos, audio, video, location data, or other forms of content (collectively, “Content”). You are solely responsible for your Content uploaded or posted under your account. ROOM8 claims no ownership over your Content, and you retain copyright and any other rights you already hold in your Content. By submitting, posting or displaying your Content via the Service, you give ROOM8 a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publicly perform, publicly display and distribute your Content through the Service for the sole purpose of enabling ROOM8 to provide you with the features and functionality of the Service in accordance with these Terms and ROOM8’s Privacy Policy. You may only submit Content for which you completely own or have secured all necessary rights to grant the licenses above. ROOM8 and its partners may display advertisements and promotions within the Service, including on or about, or in conjunction with your Content.

B. Content Restrictions. You will not: (i) submit Content that is unlawful, pornographic, libelous, defamatory, tortious, obscene, racist, or is otherwise objectionable, in ROOM8’s sole determination; (ii) submit Content that is infringing or otherwise violates the rights of any third party; or (iii) upload, post, e-mail or otherwise transmit Content via the Service that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. We reserve the right (but have no obligation) to remove, screen, edit, or reinstate your Content from time to time at our sole discretion, with or without notice to you. We have no obligation to retain or provide you with copies of your Content.

C. Third-Party and Open Source Content.Portions of the Service may utilize or include third party software, services or other copyrighted material, display, include or make available content, data, information, or materials from third parties or provide links to certain third-party websites (collectively, “Third-Party Materials”). When you engage a third party’s website or service which is linked to the Service, you are interacting with the third party and not with us. Such linked websites are not under our control and we are not responsible for the contents of any linked website or any link contained within a linked website, or any changes or updates to such third-party websites. Posting of a link to another website does not constitute endorsement of that website (or any of the products, services or other materials offered through that website) by us or our licensors, regardless of whether or not the link is associated with a third party advertisement carried by the Service. We are not responsible for the privacy practices of such third party websites nor any data or information you may share with such other websites, and make no warranties, express or implied, as to any third party websites or the products or services they provide. We encourage you to be aware of this when you leave the Service, and to read the terms and privacy statements of each and every website that you visit.

D. Google APIs.Portions of the Service utilize mapping features and location-based search results which are powered by Google Inc. By using the Service, you hereby agree to be bound by Google's Terms of Use located at http://www.google.com/intl/en_us/help/terms_maps.html (or such other URL as may be updated by Google Inc. from time to time).

 E. Content Disclaimer.Any information displayed by the Service is for general informational purposes only and should not be relied upon in making decisions that are commercial in nature, or in situations (such as emergencies) where precise information is required or where erroneous, inaccurate, time-delayed or incomplete data may lead to death, personal injury, property or environmental damage. You understand that the Third Party Materials that may be accessed from, displayed on or linked to from a Mobile Device are not available in all languages. You acknowledge that neither we nor our licensors guarantee or take responsibility for the availability, accuracy, completeness, validity, copyright compliance, legality, decency, quality, reliability, or timeliness of Third Party Materials made available by the Service or other users and will hold us and our licensors harmless from any liability suffered by you as a result of any reliance placed by you on the completeness, accuracy, or existence of any Third Party Materials. However, we reserve the right in our sole discretion and without any obligation, to update, to make improvements to, or to correct any error or omissions in, any portion of the information accessible using the Service, although we shall not be liable for any delay or inaccuracies related to such update(s), improvement(s), or correction(s).

 

5. Your Responsibilities.

A. User Interaction Responsibility. You understand that you are solely responsible for your interactions with other people online or in person. ROOM8, its Affiliates, subcontractors, partners and licensors, and all of our and their respective officers, directors, employees, agents, licensors, suppliers are not responsible for any claims, losses, damages, liabilities, costs or expenses, arising out of or resulting from any interaction with other users, persons you meet through the Service, or persons who find you because of information posted on, by or through the Service. You agree to take all reasonable precautions before interacting with any other users or meeting any other person. You understand that ROOM8, its Affiliates, subcontractors, partners and licensors are under no obligation to become involved in disputes between or among users, but may do so at its own discretion. 

B. Acceptable Use. In addition to the other restrictions outlined in these Terms, you agree that you will not:

Use the Service for any purpose that is illegal, beyondthe scope of their intended use, or otherwise prohibited in these Terms orthe terms of any third party that govern a particular Service;Use the Service in any manner that could interferewith, disrupt, negatively affect, or inhibit other users from fully enjoyingthe Service, or that could damage, disable, overburden, or impair thefunctioning of the Service in any manner;Compromise the security of the Service;Send any unsolicited or unauthorized advertising, spam,solicitations, or promotional materials;Use any robot, spider, crawler, scraper, or otherautomated means or interface not provided by us to access the Service orto extract data;Reverse engineer any aspect of the Service or doanything that might discover source code or bypass or circumvent measuresemployed to prevent or limit access to any area, content, or code of theService;Use or attempt to use another user’s account withoutauthorization;Attempt to circumvent any content-filtering techniqueswe employ, or attempt to access areas or features of the Service that youare not authorized to access;Attempt to indicate in any manner that you have arelationship with us or that we have endorsed you or any products orservices without our express written consent to do so;Engage in any harassing, intimidating, predatory, orstalking conduct;Impersonate any person or entity or otherwisemisrepresent your affiliation with a person or entity;Violate the publicity, privacy, or data-protection rightsof others;Infringe any patent, trademark, trade secret,copyright, or other intellectual or proprietary right of any party;Buy, sell, rent, lease, or otherwise offer in exchangefor any compensation, access to your ROOM8 account; andUse the Services for any illegal or unauthorizedpurpose or engage in, encourage, or promote any activity that violatesthese Terms. 

 

6. Ownership.

ROOM8 owns, or is the licensee to, all right, title and interest in and to the Service, the App and any ROOM8 Content, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. Except for the limited license expressly granted to you in Section 2.A above, Room8 grants no other licenses be it by implication, estoppel, or otherwise and all rights not expressly granted herein are reserved.

 

7. Disclaimer. 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, THE APP AND ANY AND ALL CONTENT IS PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ROOM8 AND THE ROOM8 PARTIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, THE APP AND ANY CONTENT, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NONINFRINGEMENT. ROOM8 AND THE ROOM8 PARTIES DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY WARRANTIES AGAINST INTERFERENCE WITH YOUR QUIET ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SERVICE WILL MEET YOUR REQUIREMENTS, AND THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ROOM8 OR THE ROOM8 PARTIES SHALL CREATE ANY SORT OF WARRANTY. 

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE. YOU UNDERSTAND THAT ROOM8 DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OR PROFILES OF USERS OF THE SERVICE OR TO REVIEW OR VISIT ANY ROOMATE LISTINGS. ROOM8 MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USER OF THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ROOM8 DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS OR ANY OTHER SCREENING OF ANY KIND ON ANY USER OF THE SERVICE. GIVEN THIS, YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. ROOM8 EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER, OR OTHER THIRD PARTY.

 

8. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ROOM8 AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS (COLLECTIVELY, THE "ROOM8 PARTIES") BE LIABLE TO YOU FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF BUSINESS OPPORTUNITY, PERSONAL INJURY, PROPERTY DAMAGE, FROM OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO THE SERVICE, APP, CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. To the maximum extent permitted by applicable law, in no event shall ROOM8 or the ROOM8 Parties aggregate liability arising out of these Terms and your use of the Service, App, or Content, exceed the greater of the amounts paid by R8 to you in the twelve (12) months preceding the event giving rise to the liability; or (b) five hundred dollars ($500.00 USD). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ROOM8 AND YOU.

 

9. Indemnity.

You agree to indemnify, defend, and hold ROOM8 and the ROOM8 Parties harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising directly or indirectly out of your conduct or in connection with your use of the Service, App, any actual or alleged violation of these Terms, and any actual or alleged violation of any applicable law or regulation. ROOM8 reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.

 

10. Suspension and Termination.

These Terms will remain in full force and effect while you use the Service and/or have a ROOM8 account. You may terminate your account at any time, for any reason, by contacting us at help@room8.io. Your rights under these Terms will terminate automatically and without notice from us if you fail to comply with these Terms. Additionally, we may, in our sole and absolute discretion, at any time and for any or no reason, without prior notice to you: (i) change, suspend, remove, or disable access to the Service, or (ii) terminate the Service or these Terms. Upon termination of the Terms, you shall cease all use of the Service and uninstall the App from your Mobile Device. In no event will we be liable for the suspension, removal, disabling or termination of the Service or these Terms. Sections 2.B, 3, 5 through 10, 14, 15, and 18 shall survive any termination of these Terms. 

 

11. Changes to Terms.

We reserve the right to modify or replace these Terms, in whole or in part, at any time and at our sole discretion. The date of the last change or update to any component of the Terms shall be referenced therein, and any changes made will be effective upon posting of the revised version of the applicable Terms. We encourage you to check the date of these Terms whenever you visit or use the Service to see if it has been updated since your last visit. Your continued access or use of the Service or any portion of the Service after we post any changes to the Terms constitutes your acceptance of such changes. If you do not agree with any updates to or any updated version of the Terms then you cannot access or use the Service and you have no right to use and must immediately remove the App from your Mobile Device.

 

12. Assignment.

You may not assign or transfer these Terms or any of your obligations or licenses received under these Terms, in whole or in part; and any attempt to do so shall be null and void. We reserve the right to assign and transfer these Terms or delegate all or any of our obligations to third parties.

 

13. Export Controls.

You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported (i) into any U.S.-embargoed countries or (ii) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List.

 

14. Dispute Resolution and Arbitration.

A. IF EVER YOU HAVE A COMPLAINT OR PROBLEM WITH ROOM8 IN CONNECTION WITH THE SERVICE OR APP, PLEASE CONTACT US, AND WE BOTH WILL ATTEMPT TO RESOLVE THE MATTER THROUGH GOOD FAITH DISCUSSIONS.IF THAT DOES NOT RESOLVE THE MATTER, YOU AND WE AGREE TO BINDING ARBITRATION AS DETAILED BELOW.

B. ANY LEGAL CLAIMS WILL BE RESOLVED BY ARBITRATION, AND NOT COURT PROCEEDINGS (EXCEPT FOR SMALL CLAIMS IF APPLICABLE).The Federal Arbitration Act will apply. any controversy or claim arising out of or relating to THESE TERMS, THE SERVICE, OR THE APP will be settled by INDEPENDENT ARBITRATION BY ONE OR MORE NEUTRAL ARBITRATORS AND ADMINISTERED BY the American Arbitration Association ("association") (EXCEPTING YOUR RIGHT TO PURSUE A SMALL CLAIM). ARBITRATION IS NOT A COURT PROCEEDING. THE RULES OF ARBITRATION DIFFER FROM THE RULES OF COURT. THERE IS NO JUDGE OR JURY IN AN ARBITRATION PROCEEDING. 

C. CLASS ACTIONS: YOU AND ROOM8 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  EVEN IF APPLICABLE LAW PERMITS CLASS ACTIONS OR CLASS ARBITRATIONS, YOU AND ROOM8 EXPRESSLY WAIVE ANY RIGHT TO PURSUE ON A CLASS BASIS ANY SUCH CONTROVERSY OR CLAIM.Further, unless both you and ROOM8 agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.If claims are asserted against multiple parties, some of whom are not required to arbitrate, the claims subject to arbitration must be severed.If this specific paragraph is found to be unenforceable, in whole or in part, then the entirety of this Section 14 shall be null and void.

D. so long as youR CLAIM IS NOT FRIVOLOUS, YOU HAVE tried in good faith to resolve The dispute with us before filing for arbitration, AND PROVIDED THAT YOUR CLAIM IS LESS THAN $75,000, we will pay the filing fee and any further administrative and arbitrator fees that you are later charged (IN EACH CASE, IF YOU ASK US AT THE TIME). an arbitrator can decide later whether to allocate the fees differently if there IS an award. 

E. YOU AND WE AGREE THAT THE ARBITRATION, INCLUDING THE EVIDENCE, THE ARGUMENT AND THE OUTCOME, IS CONFIDENTIAL BETWEEN US TO THE GREATEST EXTENT LEGALLY PERMISSIBLE.THE ARBITRATOR SHALL DEFINE ANY PERMITTED DISCLOSURES.

F. NO ARBITRATOR HAS AUTHORITY TO AWARD RELIEF IN EXCESS OF WHAT THESE TERMS PROVIDE, OR TO ORDER CONSOLIDATION OR CLASS ARBITRATION.IN ALL ARBITRATIONS, THE ARBITRATOR MUST GIVE EFFECT TO APPLICABLE STATUTES OF LIMITATIONS AND WILL DECIDE WHETHER AN ISSUE IS ARBITRABLE OR NOT.IN A LARGE/COMPLEX CASE ARBITRATION, THE ARBITRATORS MUST ALSO APPLY THE FEDERAL RULES OF EVIDENCE AND THE LOSING PARTY MAY HAVE THE AWARD REVIEWED BY A REVIEW PANEL CONSISTING OF THREE (3) ARBITRATORS.  

G. EXCEPT AS STATED ABOVE WITH RESPECT TO CLASS ACTIONS, IF FOR ANY REASON ANY OF THIS ARBITRATION PROVISION IS NOT ENFORCEABLE, IT SHALL BE ENFORCED TO THE GREATEST EXTENT POSSIBLE, CONSISTENT WITH A SHARED INTENT THAT YOU BE PROMPTLY AND FULLY COMPENSATED IN ACCORDANCE WITH THESE TERMS, BUT THROUGH A PRIVATE AND CONFIDENTIAL ARBITRATION PROCEEDING.

 

15. Governing Law.

These Terms are governed by and shall be construed in accordance with the laws of the State of California, U.S.A., without regard to its principles of conflicts of law.

 

16. Copyright Complaints.

 We respect the intellectual property rights of others and will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c) (2), our designated agent for notice of alleged copyright infringement in connection with the Service is:

Attn:
ROOM8
3055 Oak Rd
Walnut Creek, CA 94597

To file a notice of infringement with Room8, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office web site.

 

17. Third party Beneficiaries.

Except as stated in Section 2.E.f above, these Terms are solely for the benefit of you and us and there shall be no third party beneficiaries.

 

18. General.

These Terms constitutes the entire agreement between you and ROOM8 with respect to the Service and supersedes all prior or contemporaneous understandings regarding such subject matter. Our failure to enforce any of the rights and remedies available to us with respect your breach of these Terms shall not constitute a waiver of such breach nor of any prior, concurrent, or subsequent breach of the same or any other provision of these Terms. If for any reason a court of competent jurisdiction finds any provision of these Terms to be invalid or unenforceable, that provision shall be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect and remain fully enforceable.

 

19. Contact Us

If you have any questions regarding the meaning or application of these Terms, please direct such questions to help@room8.io. Please note that email communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your email correspondence with us.