These Roomiyo Terms and Conditions apply when you access, use, or visit the Roomiyo website, the associated mobile application, and the services provided through the website and mobile application that enable individuals seeking accommodations, roommates, or rental opportunities to connect with one another (the website, mobile application, and these services collectively referred to as the "Service"). The Service is provided to you by Roomiyo (referred to in these Terms and Conditions as “Roomiyo”, “we”, “us”, and “our”). You must agree to these Terms and Conditions in order to use the Service. If you do not agree with these Terms and Conditions at any time, please cease use of the Service.
Notice Regarding Dispute Resolution
These Terms and Conditions contain provisions that govern how claims you and we may have against each other are resolved (see the Legal Disputes and Arbitration Agreement section below), including an agreement and obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with the opt-out instructions provided. Unless you opt-out of arbitration: (a) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding; and (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
Updates to These Terms and Conditions
We may modify these Terms and Conditions from time to time. We will notify you of material changes to these Terms and Conditions by posting the amended terms on the Service at least thirty (30) days before the effective date of the changes. If you do not agree with the proposed changes, you should discontinue your use of the Service prior to the time the new Terms and Conditions take effect. If you continue using the Service after the new terms take effect, you will be bound by the modified Terms and Conditions.
Privacy Policy
In connection with your use of the Service, please review our Privacy Policy to understand how we use information we collect from you when you access, visit, or use the Service. The Privacy Policy is part of and is governed by these Terms and Conditions, and by agreeing to these Terms and Conditions, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms.
Use of Tracking Technologies
You acknowledge that Roomiyo incorporates various tracking pixels and tags from third-party providers, such as social media and analytics services, embedded in our website and applications (the “Tracking Technologies”). These Tracking Technologies consist of code that loads onto your browser on your computer or mobile device, allowing us to monitor your access to our Service. Information about your access to our Service is shared with third-party platforms, which may result in you seeing targeted advertisements related to your searches for accommodations or roommates when visiting other websites. By using our Service, you agree to our use of these Tracking Technologies and affirmatively waive any right you may have under any local, state, or federal law or statute to make any claim or receive any compensation of any kind as a result of their use.
Eligibility
You must be at least 18 years of age to use our Service. By using our Service, you represent and warrant that you are at least 18 years old and that you have the right, authority, and capacity to agree to and abide by these Terms and Conditions.
Account Registration and Member Accounts
To use certain features of our Service, you must register for an account. When registering, you agree to provide accurate, current, and complete information and to keep this information updated. You are responsible for safeguarding your account credentials and for all activities that occur under your account.
You cannot visit and browse the Service without becoming a registered member if you are using an iOS or Android device. You can visit and browse the Service without becoming a registered user if you access it directly through the web. The term “device” shall mean either a cellular telephone, tablet, or computer. You can access our system through your browser on the web; or on your device by downloading the Roomiyo application from the appropriate app store. To access our system via an iOS or Android device, you must create an account. The same does not apply to accessing our system through the web. To create an account, you must have a legitimate mobile telephone number. Upon entering a legitimate mobile number into our system, you will receive a validation code on your mobile phone, which you will need to enter into our system. Once that is completed, you must provide us with your name. You may participate in our identity verification program but are not required to do so. You must be at least 18 years of age to register in our system. As an iOS or Android device user, once you create an account, you will be able to view the content on the system; however, you will not be able to communicate with other users in our system until you have paid for a subscription. Subscription pricing is clearly indicated on our system.
If you are an iOS device user and wish to access the system's messaging features and communicate with other users, subscription options and costs are displayed within the app. Subscriptions will renew automatically for consecutive periods unless canceled.
If you are an Android device user and wish to access the system's messaging features and communicate with other users, subscription options and costs are displayed within the app. Subscriptions will renew automatically for consecutive periods unless canceled.
If you access our system through a web browser and wish to access the system's messaging features and communicate with other users, subscription options and costs are displayed on the website. Subscriptions will renew automatically for consecutive periods unless canceled.
Once you set up an account, you can view content on our site but cannot communicate through our system with other users unless you purchase a subscription. We only charge for the use of our internal messaging and communication services. If you choose to cancel your subscription and/or your account, you can do so on our Settings Page using our simple cancellation system. We reserve the right to reject your member registration if, based on information provided to us, we determine that your account is invalid, inactive, or is not associated with an individual person. If we reject your member registration and you believe we have done so in error, you may contact us at support@roomiyo.com. If you sign up to become a registered member of the Service, you agree: (a) to provide true, accurate, current, and complete information about yourself as prompted by the Service's registration form (the “Registration Data”); (b) to maintain and promptly update the Registration Data to keep it true, accurate, current, and complete; and (c) that you will comply with the rules governing user submissions as outlined below. We reserve the right to refuse registration of, or to cancel, a member account in our reasonable discretion in accordance with applicable law. You will be responsible for maintaining the confidentiality of your member account. Roomiyo shall not be liable for any loss that you incur as a result of someone else using your member account, either with or without your knowledge. You may be held liable for any losses incurred by Roomiyo due to any unauthorized use of your member account.
Member Obligations
Representations and Warranties
When you use the Service, you represent that: (i) the information you submit is truthful and accurate; (ii) your use of the Service and your use of services available on the Service do not violate any applicable law or regulation; (iii) you are at least eighteen (18) years of age and otherwise have legal capacity to legally enter into these Terms and Conditions; (iv) that you are not and will not at any time use the Service or the space you are renting or seeking to rent for any illegal purpose in violation of any federal, state, or local law, statute, or ordinance; (v) you are legally qualified to enter a binding contract with Roomiyo; (vi) you are not on any list of individuals prohibited from conducting business with the United States (for example, the U.S. Treasury Department's list of Specially Designated Nationals or any similar government agency list) nor do you face any other similar prohibition; (vii) you are not required to register as a sex offender with any state, federal, or local sex offender registry; (viii) your actions could reasonably be deemed to be offensive or to harass, upset, embarrass, alarm, or annoy any other person; (ix) your actions are abusive, insulting, or threatening, discriminatory, or that promote or encourage racism, sexism, hatred, or bigotry; (x) your actions encourage or facilitate any activity that may result in harm to the user or another person, including, but not limited to, promotion of self-harm, eating disorders, dangerous challenges, or violent extremism; (xi) your actions are obscene, pornographic, violent, or otherwise may offend human dignity, or contain nudity; (xii) your actions are defamatory, libelous, or untrue; (xiii) your actions contain any spyware, adware, viruses, corrupt files, worm programs, or other malicious code designed to interrupt, damage, or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers, or other equipment, Trojan horse, or any other material designed to damage, interfere with, wrongly intercept, or expropriate any data or personal information whether from Roomiyo or otherwise; (xiv) your actions include the image or likeness of another person without that person's consent (or in the case of a minor, the minor's parent or guardian), or is an image or likeness of a minor unaccompanied by the minor's parent or guardian; and (xv) if you are listing a room, house, apartment, or condominium (each referred to as an “Accommodation”) through the Service: (x) you own and/or have all necessary rights and authority to offer for rent and to rent each Accommodation that you offer through the Service; and (y) you will accurately describe the subject Accommodation, will not fail to disclose a material defect in, or material information about, the Accommodation, and will ensure that the description of the Accommodation is accurate and not misleading.
Compliance with Laws
You agree that you are solely responsible for and agree to abide by all laws, rules, and regulations applicable to the listings that you post through the Service, including but not limited to any and all laws, rules, regulations, or other requirements relating to taxes, permits or license requirements, zoning ordinances, safety compliance, and compliance with all anti-discrimination and fair housing laws, as applicable. You will be solely responsible for the collection, withholding, or payment of any occupancy or other taxes that may be applicable to the Accommodation you list on the Service or use of the Service.
Certification of Authority
If you are a tenant who is listing an Accommodation through the Service, please refer to your rental contract or lease, or contact your landlord, prior to listing the Accommodation to determine whether your rental contract or lease contains restrictions that would limit your ability to list the Accommodation. Listing your Accommodation may be a violation of your rental contract or lease and could result in legal action against you by your landlord, including possible eviction. You agree that the Service is not responsible for any violations of any existing rental agreements, leases, public ordinances, or laws that may restrict a sub-tenancy.
Insurance
We do not provide liability insurance to members in connection with the Service. Members are solely responsible for obtaining insurance coverage sufficient to protect their Accommodations. Members agree that they have or will obtain the appropriate insurance coverage sufficient to cover the rental of the Accommodations they list on the Service.
Risks Relating to the Service; Disclaimer
Members of the Service, and not Roomiyo, are solely responsible for Accommodations listed on the Service. We have no control over the quality, safety, or legality of any Accommodation listed on the Service, the truth or accuracy of a listing, the ability of the member to offer the listed Accommodation, or the ability of other members to pay for any transaction. We cannot ensure that any listing is accurate or that any member will honor the terms of a listing or actually complete a transaction, and we do not make any representations as to the quality, location, availability, suitability, or pricing of any specific Accommodation listed on the Service. We are also not responsible for any damage to real property, or damage or loss of personal property or personal injury resulting in connection with any transaction entered into through use of the Service. We do not conduct any background checks of any kind on any of the participants and members of this Service, and you waive all liability on the part of the Service as a result thereof.
Subscription Fees and Automatic Renewals
Basic Membership
Becoming a member of the Service and creating a profile on the Service is free. This membership level constitutes “Basic Membership”. Basic Membership allows you to search, post, and contact other members of the Service for free but not to review the communications they send you unless you upgrade in accordance with the terms outlined in the Account Registration section above. Basic Membership provides you with access to potential connections in each country where the Service is made available. With the Basic Membership, you can: bookmark members you like, receive daily matches via email, get matched with other members with our keyword and personality matching services, and send emails to other members of the Service to better introduce yourself.
Full Membership
You will also have the ability to upgrade your Basic Membership by subscribing to a “Full Membership”. If you sign up for a Full Membership subscription, you will have access to all of the functionality provided as part of the Basic Membership plus access to a private mailbox on the Service and access to text/SMS or call options that will enable you to contact other users of the Service. Full Membership rates vary depending on the length of your initial subscription. You may purchase an initial Full Membership subscription from available packages. You will be asked to choose an initial Full Membership subscription period when you sign up for Full Membership.
Automatic Renewal
If you subscribe for Full Membership, your subscription will automatically renew at the end of the applicable initial subscription period, in accordance with the Account Registration section and the terms set forth therein, unless you elect to cancel your subscription before the end of the current subscription period. The cancellation will take effect after the current subscription period ends, and your account will be downgraded to Basic Membership. If you do not cancel your subscription before the end of the current subscription period, we will automatically charge your payment account following the end of the applicable initial subscription period.
How to Cancel Your Subscription
You can cancel your Full Membership subscription at any time by (i) logging in to the Service, (ii) accessing the “Settings” section located under the “Account” area on your member home page, and (iii) selecting the “Subscription” option and choosing “Cancel my Subscription”. If you cancel your Full Membership subscription, you may be entitled to a refund in accordance with the Refund Policy below, you will have access to the Full Membership functionality until the end of the period for which payment was made, and no additional fees will be charged to your payment account following the date of cancellation. Following cancellation of a Full Membership subscription, you will continue to have access to the Basic Membership functionality unless you also delete your account in its entirety. If you have a Full Membership subscription, you will only be able to delete your account after you cancel your Full Membership subscription. All canceled accounts can be re-activated at any time in the future. Member accounts can only be cancelled by the account holder through the procedure described above. We do not accept cancellations by e-mail.
Special Cancellation Instructions for Mobile Application Users
If you sign up and pay for a Full Subscription using a third-party service through which you have downloaded one of our mobile applications, e.g., the Apple App Store or Google Play Store (each, a “Third Party App Store”), your payment will be processed by the Third Party App Store through which you downloaded the mobile application, and you must cancel your Service subscription through the applicable Third Party App Store.
Refund Policy
Refunds are only available if there have been no Services rendered to the user. Services rendered to the user include any posting of any accommodations for renting on the system; the posting of any profile information if as a user you are seeking to rent an accommodation; the use of any of our communication systems including but not limited to our internal messaging system; our notification systems; our mailbox system or our identity verification system. If you cancel your Full Membership subscription on or prior to the end of the initial subscription period, you will not receive a refund for any fees paid for the initial subscription period. To the fullest extent permitted by law, refunds are the sole monetary remedy available from Roomiyo.
User Content and Contributions
Our Service allows you to create, upload, post, send, and store content, including photos, text, and other materials ("User Content" or “Contributions”). You retain all rights in and to your User Content. By creating, uploading, posting, sending, or storing User Content on or through our Service, you grant us a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, modify, create derivative works, and display your User Content for the purpose of operating and providing our Service.
You represent and warrant that you own or have the necessary rights to your User Content and that your User Content does not violate the rights of any third party or any applicable law or regulation.
If you are a member of the Service and you are logged in to your member account, you may be able to submit listings, comments, and content to the Service (collectively, “Contributions”). You are entirely responsible for the content of, and any harm resulting from, any Contributions that you post on or through the Service. You understand and agree that, unless expressly stated, Roomiyo in no way controls, verifies, or endorses any of the information provided by users and members of the Service, including links, messages, and listings. When you create or make available a Contribution on or through the Service, you represent and warrant that you:
- own or have sufficient rights to post your Contributions on or through the Service;
- will not post Contributions that violate our or any other person's privacy rights, publicity rights, intellectual property rights (including without limitation copyrights) or contract rights;
- have fully complied with any third-party licenses relating to Contributions and shall pay all royalties, fees, and any other monies required to be paid in connection with Contributions that you post on or through the Service;
- will not post Contributions that: (a) are defamatory, damaging, disruptive, unlawful, inappropriate, offensive, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable; (b) incite, encourage, or threaten immediate physical harm against another, including but not limited to, Contributions that promote racism, bigotry, sexism, religious intolerance, or harm against any group or individual; or (c) contain material that solicits personal information from anyone under the age of 18 or exploits anyone in a sexual or violent manner;
- will not post Contributions that contain advertisements or solicit any person to buy or sell products or services; and
- will not post Contributions that constitute, contain, install, or attempt to install or promote spyware, malware, or other computer code, whether on our or others' computers or equipment, designated to enable you or others to gather information about or monitor the on-line or other activities of another party.
Prohibited Conduct and Activities
You agree not to:
- Use our Service for any illegal purpose or in violation of any applicable law or regulation;
- Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity;
- Harass, abuse, harm, or advocate or incite harassment, abuse, or harm of another person or group;
- Post false, misleading, or deceptive content;
- Post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
- Use our Service in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Service;
- Attempt to gain unauthorized access to our Service or servers, networks, or systems connected to our Service;
- use the Service for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Service without our express written consent;
- transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service, including without limitation, hacking into the Service, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications;
- impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;
- post advertisements or solicitations for jobs or employment on the Service, or otherwise use the Service to hire any person to perform work, including, without limitation, posting advertisements or solicitations for modeling jobs or talent or talent scouting positions on the Service;
- post on the Service any franchise, pyramid scheme, “club membership,” distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, pays commissions, or requires recruitment of other members, sub-distributors or sub-agents;
- decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Service, or any portion thereof; or
- circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Service or the Materials on the Service;
- Engage or attempt to engage in sex trafficking; engage or attempt to engage in the distribution of illegal drugs as defined by federal and state laws; engage or attempt to engage in the distribution of any firearms prohibited by federal or state law.
Rights in Contributions
Ownership of Contributions
We do not claim any ownership rights in the Contributions that you post on or through the Service. After posting your Contributions on the Service, you continue to retain any rights you may have in your Contributions, including any intellectual property rights or other proprietary rights associated with your Contributions, subject to the license you grant to us below.
Grant of License to Us for Contributions
By making a Contribution to the Service, you grant us a perpetual, non-exclusive (meaning you are free to license your Contribution to anyone else in addition to us), fully-paid, royalty-free (meaning that we are not required to pay you to use your Contribution), sublicensable (so that we can use affiliates, subcontractors, and other partners to make the Service available to you) and worldwide (because the Internet is global in reach) license to use, modify, create derivative works of, publicly perform, publicly display, reproduce, disseminate, market, and distribute the Contribution in connection with the Service, our business, or the promotion of the Service or our business in any media formats and through any media channels now known or subsequently created. If you cancel your membership or we terminate your access to the Service, your Contributions and other information and data related to your user account will no longer be accessible through the Service; however, we may retain your Contributions in our archived files, and your Contributions may continue to be used by and accessible to other users of the Service, for example, because your Contributions were saved or re-shared by other users of the Service.
Intellectual Property Rights
The Roomiyo name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Roomiyo or its affiliates or licensors. You may not use such marks without our prior written permission.
Except for your Contributions and the Contributions of other users of the Service, all of the content on the Service (“Materials”) and the trademarks, service marks, and logos contained on the Service, are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service and the Materials are for your information and personal use only and not for commercial exploitation. We reserve all rights in and to the Service and the Materials. If you download or print a copy of the Materials for your own personal use, you must retain all trademark, copyright, and other proprietary notices contained in and on the Materials.
Our Management of the Service; User Misconduct
Our Right to Manage the Service
We reserve the right, but do not undertake the obligation to: (i) monitor or review the Service for violations of these Terms and Conditions and for compliance with our policies; (ii) report to law enforcement authorities and/or take legal action against anyone who violates these Terms and Conditions; (iii) refuse, restrict access to or the availability of, or remove, delete, edit, or disable (to the extent technologically feasible) any Contribution or any portion thereof; (iv) manage the Service in a manner designed to protect our and third parties' rights and property or to facilitate the proper functioning of the Service; (v) screen our users or members, or attempt to verify the statements of our users or members; and/or (vi) monitor disputes between you and other users or to terminate or block you and other users for violating these Terms and Conditions.
Interactions with Other Users
We cannot and do not verify the identity of users or members of the Service or the accuracy of any information that members provide. You are solely responsible for determining the identity and suitability of the other users or members with whom you interact when using the Service. We do not investigate or verify any user's or member's reputation, conduct, morality, criminal background, or any information members may submit to the Service. You are solely responsible for your interactions with other users and members of the Service. Please note that there are risks that may arise when dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on the Service and that you give to other users and members of the Service. You are discouraged from publicly posting your telephone number or street address on the Service. Information posted to the Service by other users and members of the Service may be offensive, harmful, or inaccurate, and in some cases may be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users and members with whom you come in contact through the Service. Opinions and other statements included in users' and members' Contributions do not represent the opinions or statements of Roomiyo, and the posting of a Contribution on the Service does not constitute Roomiyo's support or endorsement of any opinions or statements expressed in the applicable Contribution.
Scams
If you are reported and then verified to be operating a cashier check or wire transfer scam, or operating any other scam in connection with the Service, Roomiyo will report this conduct to the appropriate authorities such as the FTC and the FBI Internet Crime Complaint Center. Roomiyo encourages our users to be mindful of potential scams and to use caution if another user or member of the Service engages in any of the following activities: (i) a user or member offers a high-value (but fake) cashier's check; (ii) a user or member requests payment via Western Union or MoneyGram; (iii) a user or member offers to send you a cashier's check and asks you to wire money back to them; or (iv) a user or member suggests use of an online escrow service.
Reporting Member Misconduct
If you think that another member of the Service is acting or has acted inappropriately by, for example, engaging in offensive, violent, or sexually inappropriate conduct or in a scam or other illegal conduct, we encourage you to report that member to the appropriate authorities. We also request that you report this behavior to us by contacting us at support@roomiyo.com. Please note that although we encourage you to report misconduct to us, we are not responsible or liable for members' actions, and we are not obligated to take any action if you report member misconduct to us.
Our Right to Terminate Users
Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion, and without notice or liability, deny access to and use of the Service to any person for any reason or for no reason at all, as permitted by applicable law, including without limitation for breach of any representation, warranty, or covenant contained in these Terms and Conditions, or of any applicable law or regulation.
Third Party App Stores
You acknowledge and agree that the availability of the Service may be dependent on Third Party App Stores. You acknowledge that these Terms and Conditions are between you and Roomiyo and not with the applicable Third Party App Store. Each Third Party App Store may have its own terms and conditions to which you must agree before downloading the Service from it. You agree to comply with, and your license to use the Service is conditioned upon, your compliance with, the applicable Third Party App Store terms and conditions. To the extent that other terms and conditions from the applicable Third Party App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms and Conditions, the more restrictive or conflicting terms and conditions in these Terms and Conditions will apply.
Third Party Sites
The Service may contain links to websites operated by third parties (“Third Party Sites”), and you may be able to share Contributions or other information with Third Party Sites through links on the Service; however, we do not own or operate the Third Party Sites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third Party Sites. The availability of these links on the Service does not represent, warrant, or imply that we endorse any Third Party Sites or any materials, opinions, goods, or services available on them. Third party materials accessed through or used by means of the Third Party Sites may also be protected by copyright and other intellectual property laws. These Terms and Conditions do not apply to Third Party Sites. Before visiting a Third Party Site through links or other means provided on or through the Service, you should review the Third Party Site's terms and conditions and privacy policy, and inform yourself of the regulations, policies, and practices of these Third Party Sites.
No Warranty; Accuracy Not Guaranteed
AS-IS / AS-AVAILABLE. The Service, any Materials and Contributions, and all information made available through the Service are provided on an “AS IS” and “AS AVAILABLE” basis. We make no warranties of any kind, express or implied, including without limitation any warranties of accuracy, reliability, merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment, or that the Service will be uninterrupted, error-free, secure, or free of viruses or harmful components.
No Professional Advice. Information provided via the Service does not constitute legal, financial, real estate, or other professional advice. You are solely responsible for your decisions and interactions, including housing decisions and roommate engagements.
Limitation of Liability; Exclusive Remedy
No Liability. To the maximum extent permitted by law, Roomiyo and its owners, creators, affiliates, officers, employees, agents, partners, suppliers, and licensors shall have no liability whatsoever for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages of any kind, or for loss of profits, revenue, goodwill, data, property damage, personal injury, interruption, or other losses, arising out of or related to the Service or these Terms, whether based in contract, tort (including negligence), strict liability, or any other legal theory, even if advised of the possibility of such damages.
Aggregate Cap (Fallback Only Where Required by Law). If and only if a complete exclusion of liability is not enforceable in your jurisdiction, then our total aggregate liability for all claims arising out of or relating to the Service or these Terms shall be limited to the lesser of: (i) US $10, or (ii) the amounts you paid directly to Roomiyo (excluding amounts paid to third parties such as app stores or payment processors) for the Service in the three (3) months immediately preceding the event giving rise to the claim.
Exclusive Monetary Remedy. To the fullest extent permitted by law, refunds as expressly required by applicable law or as stated in our Refund Policy are your sole monetary remedy. Otherwise, your exclusive remedy is to stop using the Service and, if applicable, cancel your subscription.
Exceptions to Disclaimers and Liability Limitations
Some states or jurisdictions do not allow the limitation or exclusion of certain warranties, or the exclusion or limitation of certain damages. If you reside in one of these states or jurisdictions, the limitations or exclusions in this section may not apply to you to the extent they are prohibited by law.
Indemnity
You hereby agree, at your expense, to indemnify, defend, and hold harmless Roomiyo, its officers, directors, and employees from and against any loss, cost, damages, liability, and/or expense, including reasonable attorney fees, arising out of or relating to (a) third party claims, actions, or allegations of infringement based on information, data, or content you submitted in connection with the Service; (b) any fraud or manipulation, or other breach of this agreement, by you; or (c) third party claims, actions, or allegations brought against Roomiyo arising out of your use of the Service or the site, including, but not limited to, claims alleging illegal discrimination. You will not be required to indemnify and hold Roomiyo harmless from and against any claims, liabilities, damages, losses, or expenses resulting from Roomiyo's own negligent conduct.
Legal Disputes and Arbitration Agreement
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
Mandatory Binding Arbitration – All Disputes Must Go Through Arbitration
Initial Dispute Resolution
We are available by email at legal@roomiyo.com to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. Each of you and Roomiyo agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
Agreement to Binding Arbitration
If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the Initial Dispute Resolution section above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms and Conditions (including their formation, performance, and breach), the parties' relationship with each other, and/or your use of the Service shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association (“AAA”), in accordance with the AAA Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. The AAA Consumer Arbitration Rules can be reviewed at their official website. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the AAA Consumer Arbitration Rules and Procedures. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms and Conditions, including, but not limited to, any claim that all or any part of these Terms and Conditions is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties, and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms and Conditions shall be subject to the Federal Arbitration Act. The AAA rules governing the arbitration may be accessed at their official website. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to AAA along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to AAA. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration with the exception of your attorney's fees. You are responsible to pay your own attorney's fees. You will not be required to pay fees and costs incurred by Roomiyo if you do not prevail in arbitration. By agreeing to arbitrate, each party is giving up its right to go to court and have any dispute heard by a judge or jury. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Class Action and Class Arbitration Waiver
You and Roomiyo each further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and Roomiyo each expressly waive your respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in the Agreement to Binding Arbitration section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception - Small Claims Court Claims
Notwithstanding the parties' agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
30 Day Right to Opt Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the Agreement to Binding Arbitration, Class Action and Class Arbitration Waiver, and Exception - Small Claims Court Claims sections by sending written notice of your decision to opt-out to the following email: legal@roomiyo.com. The notice must be sent within thirty (30) days of registering to use the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. You must send a copy of your opt-out notice to legal@roomiyo.com and provide your full legal name, legal address, email address, and a mobile phone number that is answered by you. If you opt-out of these arbitration provisions, we also will not be bound by them.
Exclusive Venue for Litigation
To the extent that the arbitration provisions set forth in the Agreement to Binding Arbitration section do not apply, or if you want to pursue any legal remedies to which you would otherwise be entitled but that are not available to you pursuant to this Legal Disputes and Arbitration Agreement section, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in the appropriate jurisdiction (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in the appropriate location for any litigation other than small claims court actions and that the laws of the relevant state shall be applied to any and all disputes either in arbitration or in court litigation.
Notice to New Jersey Users
Notwithstanding any terms set forth in these Terms and Conditions, if any of the provisions set forth in the No Warranty; Limitation of Liability; Indemnity; or Legal Disputes and Arbitration Agreement sections are held unenforceable, void, or inapplicable under New Jersey law, then any such provision shall not apply to you but the rest of these Terms and Conditions shall remain binding on you and Roomiyo. In addition, for New Jersey residents, the limitation on liability is inapplicable where attorneys' fees, court costs, or other damages are mandated by statute. Notwithstanding any provision in these Terms and Conditions, nothing in these Terms and Conditions is intended to, nor shall it be deemed or construed to, limit any rights available to you under the Truth-in-Consumer Contract, Warranty and Notice Act.
Notice to California Users
Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Service, please send an email to support@roomiyo.com. Users may also contact us by writing to our designated address. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Notice to International Users
The Service is controlled and operated by Roomiyo from its offices in the United States. We do not make any representations that the Service or any Materials are available or appropriate for use in your location. You agree to comply with all local rules applicable to you regarding user conduct on the Internet and acceptable content. You also agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
No Modifications by Our Employees
If any of our employees offers to modify the terms of these Terms and Conditions, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.
Independent Contractors
Nothing in these Terms and Conditions shall be deemed to create an agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship of any kind between us and any user.
Non-Waiver
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of the applicable right or provision.
Severability
These Terms and Conditions operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms and Conditions is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
Assignment
We may assign our rights under these Terms and Conditions without your approval.
Entire Agreement
These Terms and Conditions constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersede all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.
Termination
We may terminate or suspend your access to all or part of our Service, with or without notice, for any or no reason, including for violation of these Terms and Conditions.
Changes to Terms
We may revise these Terms and Conditions from time to time. The most current version will always be posted on our Service. If a revision is material, we will provide notice prior to the new terms taking effect. By continuing to access or use our Service after revisions become effective, you agree to be bound by the revised Terms and Conditions.
Contact
If you have any questions about these Terms and Conditions, please contact us at support@roomiyo.com.