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PLEASE NOTE THAT YOUR PURCHASE AND USE OF AND ACCESS TO OUR SERVICES AND ROOM UNITS (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, PLEASE DO NOT PURCHASE OR USE OR ACCESS THE SERVICES OR THE PRODUCTS.
Effective date: May 10, 2022
Welcome to room.com. Please read on to learn the Terms and Conditions that apply to your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at firstname.lastname@example.org.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND ROOM THROUGH BINDING ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY THE SECTION BELOW ENTITLED “ARBITRATION” FOR DETAILS REGARDING ARBITRATION
1. Will these Terms ever change?
We are constantly working to improve our products and services, so these Terms may change along with our business and our business environment. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the room.com website, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the services of ROOM and your use of the Unit(s) will be entirely at your own risk. If you use the services and the Unit(s) in any way after a change to the Terms is effective, that means you agree to all the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
2. What about my privacy?
3. The basics.
(a) Accounts and Eligibility; Customer Portal
While some aspects of the Services are provided to all users, for other aspects such as the ability to create an account or the ability to purchase any physical products, (ROOM phone booth (“Booth”) and larger room products (“Rooms”), herein referred to as “Unit” or “Units”), you must be at least sixteen (16) years of age. For certain features of the Services, you may be required to sign up for an account, and select a password and username (“ROOM User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself and keep this information up to date. If you don’t, we might have to suspend or terminate your account. You may not select as your ROOM User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You may sign up for the Services directly or through the use of a Services access code (“Access Code”) provided by a third party entity (“Access Code Provider”).
You represent and warrant that you are of legal age to form a binding contract . If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for notifying us of any unauthorized use. You’re responsible for any activity associated with your account.
Through your account, you may access an online dashboard (“Portal”) via which you may view your history of activity with us (including purchase information). If you have purchased a Room Service subscription, you may also have access to and view information that is collected by the sensors that are contained in the Units (including Unit occupancy data, use frequency data, etc.). You understand and agree that we will use the data collected by the sensors in the Units to provide the Services to you and also in connection with improvement and development of our Units and the Services. You agree to give all notices to, and/or obtain consents from, your employees in connection with this data collection, which includes the collection of biometric data (where applicable), as may be required by applicable law. You further understand and agree that your use of the Portal is subject to the same restrictions on your use of the Services as set forth below in Section 4
For more details regarding billing and payment, please see Section 7.
(c) Services (Shipping & Delivery; Assembly; Moving)
We will use our commercially reasonable efforts to deliver the Unit(s) to the address you specify when you place your order (“Premises”).
Once you’ve placed your order, we’ll send you a confirmation email with the estimated delivery window. After that, we’ll send you regular updates on your order’s shipping status via email.
Standard shipping and on-site delivery of the Unit(s) and Unit assembly services will be charged for a fee. Orders delivered to union buildings are subject to additional charges and will be invoiced after the delivery. “Standard shipping” means delivery using a freight elevator and no stairs. “Standard shipping” does not include the cost of fuel or fuel surcharges, which will be passed on to you without markup at then current market rates. Deviation from “Standard shipping” (i.e., no elevator, use of stairs) will result in fees to be decided upon inspection of delivery premises.
If no one is on-site to receive Unit(s), and/or the building is not ready to receive the delivery on the previously agreed upon location, date, and time, ROOM reserves the right to charge a no-show fee which will not exceed the total purchase price. For both Booth and Room products, delivery outside of normal business hours (Mon-Fri, 8am-4pm) will result in an after-hour delivery fee. ROOM does not accept delivery requests to residential addresses.
You may also use our moving services for a fee, whether you are moving the Unit(s) within your current location or to another location. Please contact us at email@example.com for more information.
You understand and agree that ROOM may use third party service providers to accomplish any of the services mentioned herein including but not limited to shipping, delivery, assembly, and/or moving of your order. You understand and agree that we are not responsible for any errors by such third party services providers.
You agree that delivery of the Unit(s), including the transfer of title and risk of loss to you, will occur at the time your Unit(s) is/are loaded onto the transport (i.e., FCA shipping point).
If you are using our shipping services, during such transit, your Unit(s) will be insured at no cost to you, and you will be the beneficiary of any claims for damage to the Unit(s) or losses occurring while the Unit(s) is/are in transit.
(d) Returns Within Free Trial Period
If you purchased your Unit(s) without financing, you have the option to return one (1) ROOM Booth at no extra charge to you as part of our risk-free trial. We will process the refund and cover the cost of return shipping, as well as disassembly of the returned Unit(s). Purchases made through our financing partner are final and not eligible for returns.
4. Your use of the Services and Unit(s) is/are subject to the following additional restrictions:
You represent, warrant, and agree that you will not use or interact with the Services or the Unit(s) in a manner that:
- Infringes, misappropriates, or violates the intellectual property rights or any other rights of anyone else (including ROOM);
- Violates, or encourages any conduct that would violate, any law or regulation or would give rise to civil liability, including, without limitation, any applicable export control laws;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, defamatory, pornographic, vulgar or offensive, or otherwise objectionable;
- Promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group, or illegal or harmful activities or substances;
- Uses, displays, mirrors or frames the Services or the Unit(s) or any individual element within the Services or the Unit(s), ROOM’s name, any ROOM trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without ROOM’s express written consent;
- Avoids, bypasses, removes, deactivates, impairs, descrambles or otherwise circumvents any technological measure implemented by ROOM or any of ROOM’s providers or any other third party (including another user) to protect the services and the Unit(s);
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (as defined below) (through use of manual or automated means);
- Copies or stores any significant portion of the Content;
- Deciphers, decompiles, disassembles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services or the Unit(s);
- Uses the Services or the Unit(s), or any portion thereof in any manner not permitted by these Terms; or
- Impersonates or misrepresents your affiliation with any person or entity.
You also agree to use any ROOM Unit(s) that you purchase in accordance with the guidelines and requirements for use of such products that are provided to you with such products.
5. Who is responsible for what I do with my purchased Unit(s)?
You are responsible for your use of your purchased Unit(s) and you represent and warrant you have all rights necessary to do so, in the manner in which you do so. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Unit(s).
The Unit(s) may contain connections to and/or integrations with third party websites or services that are not owned or controlled by ROOM. You understand and agree that we provide access only as a convenience and that when you access such third party services, you accept that there are risks in doing so, and that ROOM is not responsible for such risks, and that information shared with those third parties is outside ROOM’s control and subject to the practices and policies of those third parties. You acknowledge sole responsibility for and assume all risk arising from, your use of any third party websites or services.
ROOM has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Unit(s). In addition, ROOM will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Unit(s), you release, indemnify and hold ROOM harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Unit(s), including payment and delivery of goods or Unit(s), and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that ROOM shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
While most of the built-in features of our Unit(s) incorporate our own technology, some of the built-in hardware is created by third party service providers (including the sensors and cameras referenced in Section 8 of these Terms, which is built into some of our Pro versions of the Units). Such third party built-in hardware may also be compatible with software offered by other third parties (such as video and audio conferencing technology like Microsoft Teams and Zoom). ROOM makes no representations or warranties concerning the design, quality of workmanship, or performance, or the quality, accuracy, timeliness, truthfulness, completeness, or reliability of such third party built-in hardware or integrated third party software.
If there is a dispute between users of the Services or the Unit(s) and any third party with respect to the third party’s products and services or the Unit(s), you agree to hold ROOM harmless from damages arising from or related to that dispute and that ROOM is under no obligation to become involved. In the event that you have a dispute with one or more other third parties and/or users, you release ROOM, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services or the Unit(s). If you are a California resident, by using the ROOM Unit(s) you hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
6. Will ROOM ever change the Services or the Unit(s)?
We’re always trying to improve the Services or the Unit(s), so they may change over time. We may suspend or discontinue any part of the Services or the Unit(s), or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services or the Unit(s), . We reserve the right to remove any Content from the Services or the Unit(s) at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
7. Service and/or unit cost
The Services may be free or we may charge a fee for using the Services (such Services, the “Paid Services”). If you are using a free version of the Services, we will notify you before any Services you are currently using begin carrying a fee, and if you wish to continue using such Paid Services, you must pay all applicable fees for such Paid Services. Note that if you elect to receive text messages through the Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Services.
(a) Payment. Payment for all orders is due dependent on the payment terms specified. Failure to make payments will result in delivery delays or suspending shipment of Unit(s) or Service.
(b) Billing. You expressly authorize us (or our third party payment processor (the “Payment Processor”)) to bill you, through a payment account linked to your account, (your “Billing Account”) for your purchase of the Units and/or use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. By choosing to use electronic payment, you agree to pay us, through the Payment Processor, all charges at the prices then in effect, as posted or otherwise communicated to you, for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment. All payments for transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
(c) Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
(d) Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
(e) Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
(f) Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service and contact us to let us know that you intend to return your Units before the end of the trial period to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at firstname.lastname@example.org.
(g) Cancellations and Refunds. Cancellations requested prior to shipment of Unit(s) will not be accepted without written consent from an authorized ROOM team member. Cancellations requested after Unit(s) have shipped are subject to a 25% of purchase price restocking fee. Refunds will be processed within 30 days once Units(s) have been fully returned and received. Our larger format products (Meeting Room, Open Meeting Room and Focus Room) are not eligible for return or refund after the delivery and installation.
8. Are there any other features of the Unit(s) I should know about?
9. What if I want to stop using the Services?
ROOM is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms, at any time and without advance notice to you. ROOM has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, any terms regarding your User Submissions (as defined below), any terms regarding cancellation or termination of your account, terms regarding disputes between us, including without limitation the arbitration agreement, and the warranty disclaimer.
10. What else do I need to know?
(a) Warranty Disclaimer. Except as described in ROOM’s express warranties for the Unit(s), ROOM does not make any representations or warranties concerning any content, products or services contained in or accessed through the Services. The Services may include, or may provide you with access to, non-ROOM branded products or services being offered by third parties, and ROOM will not be responsible or liable for such third party products or services. You acknowledge and agree that any third party products and services contained in or accessed through the Services are provided solely on an “AS IS” basis and without any warranty or guarantee of any kind from ROOM, and ROOM is not responsible for the operation or failure of, or any errors, bugs or defects in, any such third party products or services. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED BY ROOM ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE SERVICES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
(b) Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ROOM BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, SERVICE INTERRUPTION, OR THE COST OF SUBSTITUTE SITE OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO ROOM IN CONNECTION WITH THE UNIT IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL WHETHER OR NOT ROOM OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND/OR EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ROOM AND YOU.
(c) Indemnity. To the fullest extent allowed by applicable law, you agree to indemnify, defend and hold ROOM, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your access to or use of the Services or the Unit(s) (including any actions taken by a third party using your account) and (b) your User Submissions, (c) your use of the Units, and (d) your violation and/or alleged violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
(d) Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without ROOM’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(e) Choice of Law. These Terms are governed by and will be construed under the laws of the State of New York, without regard to the conflicts of laws provisions thereof.
(f) Arbitration. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in New York, New York, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in New York, New York. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND ROOM ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
(g) Dispute Resolution for Business Users. If you are a user of the Services or the Unit(s) in connection with a business, organization or other legal entity, and not in an individual capacity, for all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in New York, New York.
(h) Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services or the Unit(s), provided that the ROOM may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and ROOM agree that these Terms are the complete and exclusive statement of the mutual understanding and agreement between you and ROOM, and that it supersedes and cancels all previous and contemporaneous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of ROOM, and you do not have any authority of any kind to bind ROOM in any respect whatsoever. Any notices or other communications provided by ROOM under these Terms will be given: (i) via email; or (ii) by posting to the Services or the Unit(s). For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
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