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ROOMMATES.COM TERMS OF USE

Last updated: October 17, 2016

Please read these Terms of Use ("Terms") carefully. By downloading, accessing, or using the website or other products or services of Roommates.com, LLC and our affiliates ("Roommates", "we" or "us"), or the services, features, or functionality jointly offered with other companies through our website (collectively, the “Service” or “Services”), you agree to be bound by these Terms. These Terms affect your legal rights and obligations, so if you do not agree to these Terms, do not use the Services.

In the event you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern as to the respective party’s relationship with you. In these instances, we will take steps to make the third party’s terms available to you before you begin to use the service, feature, or functionality.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND ROOMMATES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Our Audience

Roommates is intended for people who are at least 18 years old. Persons under the age of 18 are prohibited from creating Roommates accounts.

You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In addition, you affirm that you have not been previously suspended or removed from the Services and do not have more than one Roommates account.

We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion thereof, and block or prevent your future access to and use of the Services or any portion thereof.

Privacy

The Roommates Privacy Policy is incorporated into these Terms. By accepting these Terms, you agree to the collection, use, and sharing of your information through the Services in accordance with the Privacy Policy, which is available at http://www.roommates.com/privacy.

Fees and Costs

Basic membership is free. Basic members can add listings, browse matches and send Room-Mail messages. In order to read messages received from other members, one must upgrade to Choice Membership. Fees for Choice Membership are as follows: $5.99 for our 3-day trial, $19.99 for 30 days, and $29.99 for 60 days. All fees are non-refundable, even if you cancel before the expiration of your Choice Membership. If you do cancel your account before your Choice Membership expires, your Choice Membership will remain active until the expiration of the original Choice Membership upgrade period.

User Content

The Services consist of interactive features and areas that allow users to create, post, transmit, and/or store content, including but not limited to photos, text, graphics, items, or other materials (collectively, "User Content"). You understand that you are responsible for all data charges you incur by using the Services. You also understand that your User Content may be viewable by others and that you have the ability to control who can access such content by adjusting your privacy settings.

You agree that you are solely responsible for your User Content and any claims arising therefrom, and that Roommates is not responsible or liable for any User Content or claims arising therefrom. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen, and delete User Content at any time and for any reason.

You agree to provide true, accurate, current, and complete information about yourself as prompted by the Services' membership form (such information being the "Membership Data") and to maintain and promptly update the Membership Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Roommates has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Roommates has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

You retain all ownership rights in your User Content. However, by submitting User Content to Roommates, you hereby grant us an irrevocable, nonexclusive, worldwide, perpetual, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, edit, publish, create derivative works from, distribute, perform, promote, exhibit, and display such User Content in any and all media or distribution methods, now known or later developed (the "User Content License"). Without limiting the foregoing, when you submit User Content to Roommates, you agree that the User Content License accords Roommates the right to sublicense such User Content to other companies, organizations, or individuals in any and all media or distribution methods, now known or later developed. No use of User Content in accordance with the User Content License shall entitle you to any compensation from Roommates, or any other companies, organizations, or individuals.

Feedback

You agree that any feedback, suggestions, ideas, or other information or materials regarding Roommates or the Services that you provide, whether by email or otherwise ("Feedback"), are non-confidential and shall become the sole property of Roommates. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledging or compensating you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). We like hearing from users, but please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.

Roommates Content

Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, "Roommates Content"), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws. Unauthorized use of Roommates Content may violate such laws and these Terms. Except as expressly provided in these Terms, Roommates does not grant any express or implied rights to use Roommates Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, Roommates Content, the Services, or any related software, except as expressly stated in these Terms.

You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use the Services and Roommates Content. This license is revocable at any time. This license is subject to these Terms and does not include:

  • The distribution, public performance, or public display of Roommates Content;
  • Modifying or otherwise making any derivative uses of the Services or Roommates Content, or any portion thereof;
  • Use of any scraping, data mining, robots, or similar data gathering or extraction methods;
  • Downloading (other than page caching) any portion of the Services, Roommates Content, or any information contained therein, except as expressly permitted on the Services;
  • Any use of the Services or Roommates Content other than for their intended purposes.

Any use of the Services or Roommates Content other than as specifically authorized in these Terms, without the prior written permission of Roommates, is strictly prohibited and will terminate the license to use Roommates granted in these Terms.

You acknowledge and agree that Roommates may preserve User Content and Membership Data and may also disclose User Content and Membership Data if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Content or Membership Data violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Roommates, its users, and the public.

Prohibited Activities

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

  • Use the Services for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms or the terms of any third party that govern a particular Service;
  • Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
  • Compromise the security of the Services;
  • Send any unsolicited or unauthorized advertising, spam, solicitations, or promotional materials;
  • Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Services or to extract data;
  • Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content, or code of the Services;
  • Use or attempt to use another user’s account without authorization;
  • Attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access;
  • Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so;
  • Engage in any harassing, intimidating, predatory, or stalking conduct;
  • Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Violate the publicity, privacy, or data-protection rights of others, including by taking pictures of another individual without receiving that individual’s consent;
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
  • Buy, sell, rent, lease, or otherwise offer in exchange for any compensation, access to your Roommates account or a Roommates username without Roommates’s prior written consent;
  • Develop any third-party applications that interact with User Content or the Services without our prior written consent; and
  • Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.

Account Security

After opening a Roommates account, you accept all responsibility for any activity that occurs while logged into your account. You are responsible for making sure that you keep your password secure and safe. You agree that you will not share your password with others or do anything that might jeopardize the security of your account, including sharing your password with or logging in through unauthorized third-party applications or clients. If you use any such application or client, you acknowledge and agree that Roommates will bear no responsibility for any actions taken by those applications or clients, such as any breach of or unauthorized use of your account information or messages.

Modifications to the Services

We reserve the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension, or discontinuance of the Services or any part thereof.

Copyright Policy

Roommates respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, we strive to expeditiously remove any infringing material from our site. If Roommates becomes aware that one of its users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate the user’s account. All users should be aware of and comply with applicable copyright laws.

If you believe that anything on the Services infringes any copyright that you own or control, you may file a notice of such infringement with our designated agent:

Report Copyright Infringement
Roommates.com, LLC
Attn: Copyright Agent
10115 E Bell Rd
Ste 107 PMB 195
Scottsdale, AZ 85260
copyright@roommates.com

To be effective, any takedown notice submitted to our Copyright Agent must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means that the notice must include substantially the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Roommates to locate the material.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Disclaimer

THE ROOMMATES SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ROOMMATES SERVICES ARE PROVIDED BY ROOMMATES ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ROOMMATES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ROOMMATES SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ROOMMATES SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ROOMMATES SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ROOMMATES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ROOMMATES DOES NOT WARRANT THAT THE ROOMMATES SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ROOMMATES SERVICES, ROOMMATES'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM ROOMMATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ROOMMATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY ROOMMATES SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY ROOMMATES SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Note to International Users

The Services are hosted in the United States. If you are a user accessing the Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Services, which are governed by U.S. law, you are transferring your personal information to the United States and you consent to that transfer.

General Practices Regarding Use and Storage

You acknowledge that Roommates may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that email messages, message board postings, Membership Data, or other uploaded User Content will be retained by the Services, the maximum number of email messages that may be sent from or received by an account on the Services, the maximum size of any email message that may be sent from or received by an account on the Services, the maximum disk space that will be allotted on Roommates’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that Roommates has no responsibility or liability for the deletion or failure to store any messages and other communications or other Roommates Content maintained or transmitted by the Services. You acknowledge that Roommates reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Roommates reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Termination

You agree that Roommates, in its sole discretion, may terminate your password, account (or any part thereof), or use of the Services, and remove and discard any User Content within the Services, for any reason, including, without limitation, for lack of use or if Roommates believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Roommates may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Roommates may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that Roommates shall not be liable to you or any third-party for any termination of your access to the Services.

Disputes

1) Indemnification

By agreeing to these Terms you agree to indemnify, defend, and hold harmless Roommates, our managing members, officers, shareholders, employees, affiliates, parent companies, subsidiaries, licensors, and suppliers (the "Roommates Parties") from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) your access to or use of the Services; (b) any User Content you post, upload, use, distribute, store, or otherwise transmit through the Services; (c) your violation of these Terms; (d) your violation of the rights of another, including without limitation, any intellectual property right, publicity, confidentiality, privacy, or propriety right; or (e) your violation of any statutes, codes, ordinances, laws, rules, regulations, including without limitation, all regulatory, administrative, and legislative authorities.

2) Limitation of Liability

Except where prohibited by law, in no event will Roommates or the Roommates Parties be liable for any indirect, special, punitive, incidental, exemplary, or consequential damages that result from (a) the use of, or inability to use, the Services; (b) the provision of the Services or any materials available therein; or (c) the conduct of other users of the Services, even if Roommates has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against Roommates for dissatisfaction with the Services or any content is to stop using the Services. If, notwithstanding these Terms, Roommates is found liable to you for any damage or loss that arises out of or is in any way connected with your use of the Services or any content, Roommates’ liability shall in no event exceed the amount you paid for the Services or $1.00, whichever is greater. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

3) Arbitration Agreement; Class Waiver; Waiver of Trial by Jury.

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH ROOMMATES, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

  1. Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by Roommates that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms set forth below (the "Arbitration Agreement"), except that you and Roommates are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. This Arbitration Agreement applies to you and Roommates, and to any subsidiaries, parent companies, affiliates, agents, officers, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
  2. Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration shall be initiated through the American Arbitration Association ("AAA"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules conflict with the Terms ("Arbitration Rules"). The AAA Consumer Arbitration Rules governing the arbitration are available online at http://www.adr.org/consumer or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than twenty-five thousand U.S. dollars (US $25,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is twenty-five thousand U.S. dollars (US $25,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  3. Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
  4. Authority of the Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and Roommates, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Roommates.
  5. Waiver of Jury Trial. YOU AND ROOMMATES HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Roommates in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND ROOMMATES WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
  6. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding any other provision in these Terms, in the event that this subparagraph is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and instead all claims and disputes shall be resolved in a court located in Maricopa County, Arizona.
  7. Confidentiality. No part of the procedures shall be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order or unless required by law. Notwithstanding the foregoing, no party shall be prevented from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
  8. Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
  9. Small Claims Court. Notwithstanding the foregoing, either you or Roommates may bring an individual action in small claims court.
  10. Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Maricopa County, Arizona, for such purpose.
  11. Survival. This Arbitration Agreement will survive the termination of your relationship with Roommates.

4) Forum and Venue

A lawsuit, if any, by you or Roommates against the other will occur in state or federal court in Maricopa County, Arizona. You and Roommates agree that the jurisdiction and venue of these courts is exclusive.

Applicable Law

Any dispute between you and Roommates will be governed by these Terms and the laws of the State of Arizona and applicable United States law, without giving effect to any conflict-of-laws principles that may provide for the application of the law of another jurisdiction.

Severability

If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Complete Agreement

These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and Roommates. These Terms do no create or confer any third-party beneficiary rights. We may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Services, or updating the "Last Updated" date above. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services and delete your Roommates account.

Questions and Comments

Roommates welcomes comments, questions, concerns, or suggestions. Please send feedback to us by visiting http://www.roommates.com/contact.rs.