Terms and Conditions
Agreement between Customer & RoomShare
Welcome to the RoomShare website and our related services (the “Mobile App”). This Website and mobile application is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate reservations and for no other purposes. The terms “we”, “us”, “our”, “RoomShare” refer to RoomShare a US based company, and its subsidiaries and affiliates. The term “you” refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents.
USE OF THE WEBSITE OR MOBILE APP
As a condition of your use of this Website or mobile application, you represent and warrant that:
- You are at least 18 years of age
- You have never been convicted of a felony or crime of violence or moral turpitude
- You are not required to register as a sex offender with any government entity
- You possess the legal authority to create a binding legal obligation
- You will only use the Website or mobile app to make legitimate reservations for yourself
- All information supplied by you from time to time on the Website or mobile app is true, accurate, current and complete
If you have a RoomShare account, you will safeguard your account information and will supervise and be completely responsible for any use of your account.
When you confirm a booking and/or match with another user of the Website or mobile app, we will send you an email, text message, and/or push notifications confirming such booking and user pairing, depending on the selections you make via our Website or mobile app. Such text messages may incur charges from your phone company or message provider.
The content and information on RoomShare (including, but not limited to, price and availability of travel services and information regarding other users) as well as the infrastructure used to provide such content and information, is proprietary to us or licensed by us. While you may make limited copies of your travel itinerary (and related documents) for travel or service reservations booked through RoomShare, you agree not to otherwise modify, reverse-engineer, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from us. Additionally, you agree not to:
- Use the RoomShare Website/mobile app along with its contents for any commercial purpose
- Use the RoomShare Website/mobile app with the intent to violate any applicable law or regulation or for any unlawful purpose
- Make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand
- Access, monitor or copy any content or information of the RoomShare Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission
- Violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure
- Deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission
- Collect or harvest any personally identifiable information, including account names, from the Website or mobile app
- Impersonate another person or otherwise misrepresent your affiliation with a person or entity, commit or attempt to commit fraud, hide or attempt to hide your identity
- Interfere with the proper working of the Website or mobile app
- Access any content on the Website or mobile app through any technology or means other than those provided or authorized by RoomShare
- Bypass the measures we may use to prevent or restrict access to the Website or mobile app, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Website/mobile app or the content therein
- Sublicense any of your rights under this Agreement, or otherwise use the Website or mobile app for the benefit of a third party or to operate a service bureau
- “frame”, “mirror” or otherwise incorporate any part of the RoomShare intellectual property into any other online medium without our prior written authorization
Without limiting the foregoing, we may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Website/mobile app, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website.
You are responsible for maintaining the confidentiality of the login information you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify us of any disclosure or unauthorized use of your username or password or any other breach of security at email@example.com and ensure that you logout from your account at the end of each session.
In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH HOSTS MAY CREATE LISTINGS FOR SHARING A BOOKED HOTEL ROOM AND GUESTS MAY LEARN ABOUT AND BOOK ROOMS DIRECTLY WITH THE HOSTS. YOU UNDERSTAND AND AGREE THAT ROOMSHARE IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS ROOMSHARE A REAL ESTATE BROKER, AGENT OR INSURER. ROOMSHARE HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY LISTINGS AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU CHOOSE TO CREATE A LISTING ON ROOMSHARE, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH ROOMSHARE IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF ROOMSHARE FOR ANY REASON AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT AND NOT ON BEHALF OF OR FOR THE BENEFIT OF ROOMSHARE. ROOMSHARE DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY INFORMATION THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF ROOMSHARE, INCLUDING BY INAPPROPRIATELY USING ANY ROOMSHARE INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES ( IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT.)
RoomShare reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
HOW IT WORKS
The Site, Application and Services can be used to facilitate the listing and booking of Hotel rooms. Such Hotel rooms are included in Listings on the Site, Application and Services by Hosts. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book a hotel room or create a Listing, you must first register to create a RoomShare Account (defined below).
As stated above, RoomShare makes available an online platform or marketplace with related technology for Guests and Hosts to meet online and arrange for sharing of hotel rooms directly with each other. RoomShare is not an owner or operator of the hotel rooms, nor is it a provider of hotel rooms and RoomShare does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control the hotel rooms. Unless explicitly specified otherwise in the RoomShare platform, RoomShare’s responsibilities are limited to facilitating the availability of the Site, Application and Services.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE HOSTS AND GUESTS CONNECTING AND SHARING THE LISTED ROOM WITH EACH OTHER. ROOMSHARE CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY HOTEL ROOMS. ROOMSHARE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER'S OWN RISK.
In order to access certain features of the Site and Application, and to book an hotel room or create a Listing, you must register to create an account ("RoomShare Account") and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook, Google; each such account, a "Third-Party Account"), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your RoomShare Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to RoomShare through the Site, Services or Application; or (ii) allowing RoomShare to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to RoomShare and/or grant RoomShare access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating RoomShare to pay any fees or making RoomShare subject to any usage limitations imposed by such third-party service providers. By granting RoomShare access to any Third-Party Accounts, you understand that RoomShare will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your RoomShare Account and RoomShare Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your RoomShare Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or RoomShare’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your RoomShare Account and your Third-Party Accounts, at any time, by accessing the "Settings" section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. RoomShare makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and RoomShare is not responsible for any SNS Content.
Your RoomShare Account and your RoomShare Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active RoomShare Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. RoomShare reserves the right to suspend or terminate your RoomShare Account and your access to the Site, Application and Services if you create more than one (1) RoomShare Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your RoomShare Account, whether or not you have authorized such activities or actions. You will immediately notify RoomShare of any unauthorized use of your RoomShare Account.
HOTEL ROOM LISTINGS
As a Member, you may create Listings. To create a Listing, you just have to enter the hotel name or location and all other details get automatically pulled from our backend API. Additionally a member can provide a listing title, description, partner preferences, rate per night and minimum period of stay expected from the guest. Listings will be made publicly available via the Site, Application and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Guest and Host preferences, ratings and reviews.
Other Members will be able to send room sharing requests for your listing via the Site, Application and Services based upon the information provided in your Listing, your Guest requirements, and Guests' search parameters and preferences. You understand and agree that once a Guest requests a booking of your Accommodation, you may not request the Guest to pay a higher price than in the booking request.
If you are a Host, you understand and agree that RoomShare does not act as an insurer or as your contracting agent. If a Guest raises a room sharing request and stays in your room, any agreement you enter into with such Guest is between you and the Guest and RoomShare is not a party to it.
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your room listing. Any Member wishing to share the room mentioned in your listing with such requirements must meet these requirements. More information on how to set such requirements is available via the "Host" section of the Site, Application and Services.
RoomShare does not endorse any Member, Listing or Hotel. Members are required to abide by these Terms to provide accurate information.
Any references in the Site, Application or Services to a Member being "verified" or "connected" (or similar language) only indicate that the Member has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by RoomShare about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a Host or to accept a booking request from a Guest, or to have any other interaction with any other Member.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from RoomShare with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Host against RoomShare regarding the remittance of payments received from a Guest by RoomShare on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".
BOOKING RELATED TERMS
Booking Amount : means the amounts that are due and payable by a Guest in exchange for that Guest's stay with the host in the listed hotel room. The Host alone, and not RoomShare, is responsible for the Booking Amount of his or her Listing.
Guest Fees : means the fee that RoomShare charges a Guest for the use of the Services, which is fixed at $2.5 per night of stay. The Guest Fees will be displayed to the Guest when the Guest is on the payment page to confirm a booking.
Host Fees : means the fee that RoomShare charges a Host for the use of the Services, which is fixed at 20% of the total booking amount. The Host Fees will be displayed to the Host once he is notified of receiving the payment from RoomShare.
Service Fees : means collectively the Guest Fees and the Host Fees.
Total Fees : means collectively the booking amount and the guest fees.
Booking Terms for Hosts
If you are a Host and a booking is requested for your listing via the Site, Application or Services, you will be required to either confirm or reject the booking request within the Booking Request Period, otherwise the booking request will automatically expire. When a booking is requested via the Site, Application or Services, we will share with you (i) the first and last name of the Guest who has requested the booking, (ii) a link to the Guest's RoomShare Account profile page, (iii) an indication of whether or not the Guest has provided other information to RoomShare, such as a verified email address, connection to SNSs etc. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, the guest will be notified of the same. When you confirm a booking requested by a Guest, RoomShare will send you an email, text message or message via the Application confirming such booking after the payment has been made, depending on the selections you make via the Site, Application and Services.
RoomShare Payments will collect the Total Fees from Guests upon the Host's confirmation and will initiate payment of the Booking Amount (less applicable fees and taxes) to the Host in most cases within 72 hours of the scheduled check-out date of the Guest at the applicable hotel listing (except to the extent that a refund is due to the Guest) and as further described in the Payments Terms.
Each Host agrees that RoomShare may, in accordance with the cancellation policy (i) permit the Guest to cancel the booking and (ii) refund to the Guest that portion of the Booking Amount specified in the applicable cancellation policy.
Booking Terms for Guests
The Hosts, not RoomShare, are solely responsible for honoring any confirmed bookings and making available any listings reserved through the Site, Application and Services. If you, as a Guest, choose to enter into a transaction with a Host for the booking of a hotel listing, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such listing imposed by the Host. You acknowledge and agree that you, and not RoomShare, will be responsible for performing the obligations of any such agreements, that RoomShare is not a party to such agreements, and that, with the exception of RoomShare Payments' obligations pursuant to the Payments Terms, RoomShare disclaims all liability arising from or related to any such agreements.
The Total amount payable will be displayed to a Guest before the Guest sends a booking request to a Host. As noted above, the Host is required to either confirm or reject the booking request within the Booking Request Period; otherwise, the requested booking will be automatically canceled. If a requested booking is canceled (i.e. not confirmed by the applicable Host), the guest will be notified of the same along with an option to search for a new listing.
You as a Guest agree to pay the Total Fees for any booking request that is confirmed by the host, in connection with your RoomShare Account. RoomShare will collect the Total Amount pursuant to the Payments Terms.
Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.
RoomShare Service Fees
In consideration for the use of RoomShare’s platform and services, RoomShare charges Service Fees. RoomShare collects these Service Fees pursuant to the Payments Terms.RoomShare deducts the Host Fees from the Booking Amount before remitting the balance to the Host as described in the Payments Terms. Guest Fees are, as noted above are included in the Total Booking Amount.
Cancellations & Refunds
All cancellations and refunds on RoomShare for both the guest and the host are subject to the cancellation and refund policy of RoomShare. Kindly refer to the policy section for more details.
COPYRIGHT & TRADEMARK NOTICES
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of RoomShare. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of RoomShare used on or in connection with the Site, Application, Services, and RoomShare Content are trademarks or registered trademarks of RoomShare in the US. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and RoomShare Content are used for identification purposes only and may be the property of their respective owners. As a Host, Guest, or Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site, Application, Services and Collective Content.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that RoomShare is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by RoomShare of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us, through the "Contact" section of the Site and Application. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of RoomShare and you hereby irrevocably assign to RoomShare and agree to irrevocably assign to RoomShare all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At RoomShare's request and expense, you will execute documents and take such further acts as RoomShare may reasonably request to assist RoomShare to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT ROOMSHARE DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION. IF WE CHOOSE TO CONDUCT SUCH CHECKS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.
THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ROOMSHARE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ROOMSHARE MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ROOMSHARE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, HOSTS, GUESTS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ROOMSHARE OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT ROOMSHARE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY OF THE LISTED ROOMS. ROOMSHARE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY ROOMSHARE. ROOMSHARE EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY ROOM LISTINGS VIA THE SITE, APPLICATION AND SERVICES AND ANY CONTACT YOU HAVE WITH OTHER USERS OF ROOMSHARE WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER ROOMSHARE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT OR FROM YOUR LISTING OR BOOKING OF ANY ROOM LISTING VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ROOMSHARE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE HOSTS PURSUANT TO THESE TERMS, IN NO EVENT WILL ROOMSHARE BE LIABLE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ROOM VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY LISTING OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A GUEST, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY ROOMSHARE TO YOU GIVING RISE TO THE LIABILITY.
You agree to defend and indemnify and hold harmless RoomShare and any of our officers, directors, successors and assigns, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- Your violation of any law, regulation, or the rights of a third party, including privacy and intellectual property rights
- Any content that is submitted via your account including without limitation misleading, false, or inaccurate information
- Any other party’s access and use of the Website, Application, Services, or Collective Content with your unique username, password or other appropriate security code or
- Your use of this Website,Application, Services, or Collective Content including any data transmitted or received by you
ROOMSHARE MOBILE APP
The following applies to any Mobile Application accessed through or downloaded from the Apple App Store ("App Store Sourced Application"):
You acknowledge and agree that (i) these Terms are concluded between you and RoomShare only, and not Apple, and (ii) RoomShare, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between RoomShare and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of RoomShare.
You and RoomShare acknowledge that, as between RoomShare and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and RoomShare acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between RoomShare and Apple, RoomShare, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
You and RoomShare acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
Except as they may be supplemented by additional RoomShare policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between RoomShare and you regarding the Site, Application, Services, Collective Content (excluding Payment Services), and any bookings or Listings of Rooms made via the Site, Application and Services (excluding Payment Services), and these Terms supersede and replace any and all prior oral or written understandings or agreements between RoomShare and you regarding bookings or listings, the Site, Application, Services, and Collective Content (excluding Payment Services).
You may not assign or transfer these Terms, by operation of law or otherwise, without RoomShare's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. RoomShare may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notifications or other communications permitted or required here under, including those regarding modifications to these Terms, will be in writing and given by RoomShare (i) via email (in each case to the email address that you provide) or (ii) by posting to the Site or via the Application. For notifications sent through e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
CONTROLLING LAW AND JURISDICTION
These Terms and your use of the Services will be interpreted in accordance with the laws of the State of Maryland and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Prince George's County, Maryland for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM ROOMSHARE. For any dispute with us, you agree to first contact us and attempt to resolve the dispute with us informally. In the unlikely event that RoomShare has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”), under the Optional Expedited Arbitration Procedures then in effect for AAA, except as provided herein. AAA may be contacted at www.adr.com. The arbitration will be conducted in Prince George's County, Maryland, unless you and RoomShare agree otherwise. AAA may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from AAA. If the total value of your Claims is less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees. The award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses. You may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing us from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
Class Action Waiver And Jury Waiver : WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND ROOMSHARE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
The failure of RoomShare to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of RoomShare. 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 for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
THIRD PARTY BENEFICIARY
These Terms do not and are not intended to confer any rights or remedies upon any person other than the concerned parties.
If you have any questions about these Terms or any App Store Sourced Application, please contact RoomShare at firstname.lastname@example.org.