Terms

Terms of Use (effective as of August 6th, 2015)

Welcome to website of The Room Ring (“we,” “us,” or “our”). The following terms of use(these “Terms of Use” or this “Agreement”), together with any documents incorporated by reference, govern your access and use of the website found at theroomring.com and the services provided by us (the “Service”) and set forth the legally binding terms for your use of the services provided by The Room Ring.

1. Acceptance of Terms of Use and Privacy Policy. Please read these Terms of Use carefully before you start to use the Service. You should also read our Privacy Policy, which is incorporated by reference into this Agreement and available in the Service. Your use of the Service is subject to these Terms of Use and all applicable laws, rules and regulations. As used herein, the term "User" refers to each person who visits our website or otherwise accesses the Service. By accessing the Service, whether through a mobile device, mobile application or computer, and whether as a registered user or a guest, you agree that you have read, understand and agree to be legally bound by these Terms of Use and our Privacy Policy whether or not you create an account with the Service. If you do not accept and agree to be bound by all of the terms of this Agreement, including the Privacy Policy, do not use or access the Service. Please contact us with any questions regarding this Agreement.

These Terms of Use may be modified by us at any time without notice.  All changes are effective immediately when we post them. You can review the most current version of these Terms of Use at any time on our www.theroomring.com website.  In agreeing to these Terms of Use, you are responsible for periodically checking for changes and/or updates to these Terms of Use. Your continued use of the Service following our posting of new or updated Terms of Use means that you accept and agree to the changes/updates. By accessing or using the Service, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. To withdraw this consent, you must cease using the Service and terminate your account. Please print a copy of this Agreement for your records.

2. Eligibility. The Service is offered and available to users who are 18 years of age or older. By using this Service, you represent and warrant that you are 18 years of age or old, of legal age and capacity to form a binding contract with the Company and meet all of the eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service. Any use of the Service is void where prohibited. By accessing and using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you create an account, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.

As a consequence of the global nature of the Internet, you agree to comply with all local rules regarding user conduct on the Internet and acceptable content. Using the Service may be prohibited or restricted in certain countries. If you use the Service from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Service. Specifically, you 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.

3. Creating an Account. In order to use the Service, you must sign in using your Facebook login. If you do so, you authorize us to access and use certain Facebook account information, including but not limited to your public Facebook profile and information about Facebook friends you might share in common with other Users. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy. The availability of the Service on a social networking site, website, or any application store does not indicate any relationship or affiliation between us and those sites.

4. Non-Commercial Use by Users. The Service is for personal use only. You may not use the Service or any content contained in the Service (including, but not limited to, content of other users, designs, text, graphics, images, video, information, logos, software, audio files and computer code) in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services not offered by the Company or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. You may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Service for any purpose. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Service, 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 Service. In downloading and utilizing the Service, you are responsible for ensuring compliance with any applicable terms and conditions of the social networking site through which the Service is made available.

5. Account Security. You are responsible for maintaining the confidentiality of the username and password 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 the Company of any disclosure or unauthorized use of your username or password or any other breach of security at legal@theroomring.com and ensure that you log out from your account at the end of each session.

6. Interactions with Other Users. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS. The Company is not responsible for the conduct of any User. As noted in this Agreement, in no event shall the Company, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off the Service or meet in person, or if you decide to send money to another user. You understand that the Company makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.

7. Proprietary Rights. As between The Room Ring and you, title, ownership rights, and intellectual property rights in and to the Service and any derivatives or modifications thereof, in whole or in part, remain with The Room Ring. You understand that The Room Ring may modify or discontinue the Service or any of its features at any time in its sole discretion. These Terms of Use do not entitle you to any support, upgrades, updates, add-ons patches, enhancements, or fixes for the Service except in The Room Ring's sole discretion. You do not acquire any right, title or interest in any content on the website by virtue of accessing the Application or making use of the permitted uses allowed under these Terms of Use.  The Service may contain the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices. You will not reverse engineer, decompile, disassemble or otherwise attempt to derive any of the Service’s source code. No license to use or reproduce any logo or trademark included on the Application is granted to you by these Terms of Use or otherwise.  The trademarks, logos, service marks and business names displayed on the website are protected, whether or not they are registered.  Any unauthorized use of content or information posted on the website and any unauthorized reproduction, retransmission or other use of any part of the Service may infringe our, or third parties’ copyrights, trademarks, privacy, publicity or other rights.

8. Privacy. Any information you provide during use of the Service is governed by the Privacy Policy located at www.theroomring.com/privacy You agree to the collection, use and sharing of your information as set forth in our Privacy Policy.

User Content. You are solely responsible for the content and information that you post, store, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, “post”) through or in connection with the Service, or transmit to other users, including text messages, chat, videos (including streaming videos), photographs, text, images, designs, sound, code, data, lists or profile text, whether publicly posted or privately transmitted, including any material or information that you transmit to other users or post on Facebook or LinkedIn (collectively, “Content”). You may not post as part of the Service, or transmit to the Company or any other user (either on or off the Service), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). In addition, you shall not (i) use the Service in any manner that could damage, disable, overburden, or impair the Service, The Room Ring, the applicable social networking site, or any other person or entity or collect any information (including usernames and/or email addresses) about other users of the Service, (ii) create or transmit unwanted electronic communications to other users of the Service or (iii) interfere with other users’ enjoyment of the Service. The Room Ring does not have an obligation to delete, screen or edit any of the Content posted, stored or uploaded through or in connection with the Application; however, The Room Ring reserves the right to itself or through a third party, delete, screen or edit any Content posted, stored or uploaded through or in connection with the Application at any time and for any reason without notice. Without limiting the foregoing, The Room Ring may remove any Content for any reason, including content that in the sole judgment of The Room Ring violates these Terms of Use, or that may be offensive, illegal or violate the rights, harm, or threaten the safety of any person or otherwise violates this Agreement or may harm the reputation of the Company. The Room Ring does not endorse any Content and takes no responsibility and assumes no liability for any Content posted, stored, published, linked to, recorded, displayed, transmitted, uploaded or otherwise made available by you or any third party, or for any loss or damage thereto.

By using the Service or posting or submitting Content through or in connection with the Service, you grant to The Room Ring, its affiliates, successors and sublicensees, an irrevocable, perpetual, worldwide, transferable, sublicensable, non-exclusive, royalty-free right to copy, publicly display, publicly perform, modify, transmit, make derivative works of, sublicense and distribute your Content (in whole or in part) in any media and to incorporate the Content into other works in any format or medium now known or later developed. The foregoing grants shall include the right to exploit any proprietary rights in such Content, including but not limited to rights under copyright, trademark, service mark or patent laws, including rights to use, disclose, make, have made, sell, offer for sale, import and practice such rights, under any relevant jurisdiction.

You represent and warrant that: (a)you own or control all of the rights to the Content that you post or otherwise have the right to post such Content through or in connection with the Service; (b) Content is accurate and not misleading, including information submitted from your Facebook account, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false, and (c) use and posting of Content supplied by you does not violate these Terms of Use, and will not violate any rights of or cause injury to any person or entity, including without limitation the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you through or in connection with the Service.

You agree not to bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Application. You agree not to use the Application for illegal purposes (including, without limitation, discrimination, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes). You agree that you will comply with all laws related to your use of the Application, including, without limitation, Fair Housing Laws.

9. Content Restrictions. In addition to the restrictions set forth in Section 9 above, the following is a partial list of the kind of Content that is prohibited in the Service. You shall not, and shall not allow any third party to, post, upload, display or otherwise make available Content that:

  • promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

  • advocates harassment or intimidation of another person;

  • requests money from, or is intended to otherwise defraud, other users of the Service;

  • involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming” (or “spimming”, “phishing”, “trolling” or similar activities);

  • promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;

  • promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture- installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;

  • contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);

  • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

  • contains adult content, including nudity, sexual terms and/or images of people in positions or activities that are excessively suggestive or sexual or provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;

  • provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;

  • contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;

  • impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;

  • provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);

  • disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges; solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission;

  • publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;

  • contains obscene, defamatory, libelous, slanderous and/or unlawful content (including inflammatory content);

  • contains content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent;

  • Inflammatory religious content;

  • contains politically religious agendas and/or any known associations with hate, criminal and/or terrorist activities; or

  • contains hate speech, whether directed at an individual or a group, and whether based upon the race, disability, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of such individual or group.

The Company reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision, including removing the offending communication from the Service and terminating or suspending the account of such violators.

Your use of the Service, including all Content you post through the Service, must comply with all applicable laws and regulations. You agree that the Company may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Service in the future; or (v) protect the rights, property or personal safety of the Company or any other person.

You agree that any Content you post on the Service (including content accessible through Facebook or LinkedIn) may be viewed by other users and may be viewed by any person visiting or participating in the Service.

10. Prohibited Activities. The Company reserves the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way the Company regards as inappropriate or unlawful, including actions or communications the occur off the Service but involve users you meet through the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:

  • impersonate any person or entity.

  • solicit money from any users.

  • post any Content that is prohibited by Section 9.

  • “stalk” or otherwise harass any person.

  • express or imply that any statements you make are endorsed by the Company without our specific prior written consent.

  • use the Service in an illegal manner or to commit an illegal act;

  • access the Service in a jurisdiction in which it is illegal or unauthorized;

  • ask or use users to conceal the identity, source, or destination of any illegally gained money or products.

  • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.

  • collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service.

  • interfere with or disrupt the Service or the servers or networks connected to the Service.

  • email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service (either directly or indirectly through use of third party software).

  • “frame” or “mirror” any part of the Service, without the Company's prior written authorization. use meta tags or code or other devices containing any reference to the Company or the Service (or any trademark, trade name, service mark, logo or slogan of the Company) to direct any person to any other website for any purpose.

  • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service any software used on or for the Service, or cause others to do so.

  • post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with this Agreement.

11. Digital Millennium Copyright Act (“DMCA”) Notice. We are committed to complying with U.S. copyright and related laws, and we require all users of the Service to comply with these laws.  Accordingly, you may not disseminate any material or content using the Service in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements.  It is our policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the rights of any user to access the Service if any such user is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who we believe, in our sole discretion, is infringing these rights. Upon our receipt of a proper notice of claimed infringement under the DCMA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue.  Our designated agent (i.e., the proper party) to whom you should address such notice is: legal@theroomring.com.

If you believe that content that you or a third party owns has been used via the Service in a way that violates yours or someone else’s copyright or other intellectual property rights, please provide us with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  • a description of the copyrighted work or other intellectual property that you claim has been infringed;

  • description of where the material that you claim is infringing is located; your address, telephone number, and email address;

  • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

  • a written statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

12. Limitation on Liability; Disclaimers. THE SERVICE, INCLUDING ALL CONTENT THEREIN, IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) AND YOU SHALL USE THE SERVICE AT YOUR OWN RISK. THE ROOM RING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE, INCLUDING ALL CONTENT THEREIN, IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE ROOM RING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE ROOM RING DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED WITHIN THE SERVICE. THE ROOM RING DOES NOT WARRANT THAT THE APPLICATION OR SERVICE CONTENT OR THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT THE ROOM RING) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.

THE ROOM RING EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE SERVICE. IN NO EVENT SHALL THE ROOM RING, ITS PARENT OR ITS SUBSIDIARY OR AFFILIATED COMPANIES OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, “RELEASED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, RELIANCE , EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSSES, COSTS, OR EXPENSES WHATSOEVER , INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, DAMAGES FOR LOSS, CORRUPTION OR BREACHES OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING WITHOUT LIMITATION, RESULTING FROM  (I)  LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO, FROM OR VIA THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY USE OF THE SERVICE OR, (VI)  OTHERWISE RESULTING FORM THE USE OF THE SERVICE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW).  NOTWITHSTANDING THE FOREGOING, IF THE RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS REGARDLESS OF THE FORM OF ACTION, THE RELEASED PARTIES’ LIABILITY SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, THE AMOUNT OF ANY FEES PAID BY YOU TO THE ROOM RING WITHIN THE PRIOR SIX-MONTH PERIOD. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE.

From time to time, the Company may make third party opinions, advice, statements, offers, or other third party information or content available through the Service. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. THE COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS IN THE SERVICE. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED IN THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS.

In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted in the Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. The Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

13. Indemnity. You agree that you will defend, indemnify and hold harmless The Room Ring, its parent, subsidiaries and affiliated companies, and each of the foregoing entities’ respective employees, officers, directors, representatives and agents from any and all claims, demands, causes of action, damages, losses, costs and expenses in any way arising out of your use of the Service of violation of these Terms of Use, including without limitation (i) all matters related to your access to and use of any The Room Ring online services, including, without limitation, your use of the Service, (ii) your violation of any provision contained in the Terms of Use or Privacy Policy; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; (iv) any claims that your use of the Service caused damage to a third party; and/or (v) violations of any and all applicable laws, rules or regulations from any jurisdiction. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.

14. Links to Other Sites. The Servicemay contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other websites or resources, and your use of all such websites are subject to the applicable policies of those websites. The Service, including content therein, may contain links to third-party websites. These links are provided as a convenience to you. You acknowledge and agree that the Company is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found in or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource. The Room Ring encourages you to exercise discretion while browsing the Internet. If you decide to access linked third-party websites, you do so at your own risk.

15. Termination. The Room Ring reserves the right, at any time and in its sole discretion, to discontinue the use of the Service in whole or in part, and prevent any person or entity from access to the Service. This Agreement will remain in full force and effect while you use the Service and/or have an account. You may disable your account at any time, for any reason, by following the instructions in “Settings” in theroomring.com. The Company may terminate or suspend your account at any time without notice if the Company believes that you have breached this Agreement, or for any other reason, with or without cause, in its sole discretion. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your account is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

16. General. These Terms of Use, and your relationship with The Room Ring under these Terms of Use, shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict or choice of laws provisions. Any dispute with The Room Ring, or our parents, subsidiaries, affiliates, officers, directors, employees, agents or affiliates, arising under or in relation to these Terms of Use shall be resolved exclusively through non-appealable arbitration with one arbitrator in accordance with the rules of the American Arbitration Association in Boston, Massachusetts.  If traveling to Boston, Massachusetts is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, The Room Ring will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). You agree to resolve any disputes related to these Terms of Use as an individual and not as a class or join any class. You understand that, in return for agreement to this provision and the dispute provision above, The Room Ring is able to offer the Service at the terms designated, and that your assent is an indispensable consideration to these Terms of Use. You also acknowledge and understand that, with respect to any dispute with The Room Ring, our officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or these TOU: YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

17. Notice. The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings in the Service. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.

18. Entire Agreement; Other. This Agreement, with the Privacy Policy and any specific guidelines or rules that are separately posted for particular services or offers in the Service, contains the entire agreement between you and the Company regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non-transferable and all of your rights to your profile or contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind the Company in any manner. Amendment. This Agreement is subject to change by the Company at any time.

Questions: Should you have any questions regarding these Terms of Use you may contact us at customerservice@theroomring.com.

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