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PLEASE NOTE THAT YOUR PURCHASE AND USE OF AND ACCESS TO OUR SERVICES AND ROOM UNITS (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, PLEASE DO NOT PURCHASE OR USE OR ACCESS THE SERVICES OR THE PRODUCTS.
Effective date: 7. April 2023
Welcome to ROOM.
Please read on to learn the Terms and Conditions that apply to your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at email@example.com.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND ROOM THROUGH BINDING ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY THE SECTION BELOW ENTITLED “ARBITRATION” FOR DETAILS REGARDING ARBITRATION
We are constantly working to improve our products and services, so these Terms may change along with our business and our business environment. We reserve the right to change the Terms at any time, but if changes do occur, we will bring said changes to your attention by placing a notice on the room.com website, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the services of ROOM and your use of the Unit(s) will be entirely at your own risk. If you use the services and the Unit(s) in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by ROOM as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and ROOM.
While some aspects of the Services are provided to all users, for other aspects such as the ability to create an account or the ability to purchase any physical products, (ROOM phone booth (“Booth”) and larger room products (“Rooms”), herein referred to as “Unit” or “Units”), you must be at least eighteen (18) years of age. For certain features of the Services, you may be required to sign up for an account, and select a password and username (“ROOM User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself and keep this information up to date. If you don’t, we might have to suspend or terminate your account. You may not select a ROOM User ID name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You may sign up for the Services directly or through the use of a Services access code (“Access Code”) provided by a third party entity (“Access Code Provider”).
You represent and warrant that you are of legal age to form a binding contract. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for notifying ROOM of any unauthorized use. You’re responsible for any activity associated with your account.
For more details regarding billing and payment, please see Section 7.
We will use our commercially reasonable efforts to deliver the Unit(s) to the address you specified when you placed your order (“Premise”). ROOM does not accept delivery requests to residential addresses. The exact location of the Units (“Site”) will be determined and prepared for Unit(s) delivery, by the customer, before the scheduled delivery.
Once you’ve placed your order, ROOM will send you a confirmation email that details the estimated ship date, which specifies when your order has left our factory and will be delivered to our local delivery partner. Once received, ROOM’s delivery partners will reach out to schedule delivery of your order.
Our standard Shipping and Assembly price applies to the "Standard Delivery." “Standard Delivery” must be conducted within normal business hours (Mon-Fri, 9 am-5 pm local time), and means delivery using a freight elevator and no stairs. The interior of the freight elevator must be bigger than the minimum required dimensions of W 60" x D 48" x H 80", or W 152 cm x D 122 cm x H 203 cm. The Premise should not require the use of Union labor to qualify as “Standard Delivery.” Deviation from “Standard Delivery” will result in additional fees. If the Premise, the Site, and the delivery hour does not meet the "Standard Delivery" condition, you must notify ROOM before the purchase is final and receive a customized quote corresponding to the delivery condition. Deviations from the "Standard Delivery" or any changes of the delivery parameter must be notified to ROOM prior to the estimated actual ship date as provided by ROOM. Failure to notify ROOM about the non “Standard Delivery" condition within the specified period will result in charges to you for all associated costs. In case of cancellation, you will bear any cost incurred related to the cancellation. Charges may include but are not limited to the restocking fee, storage fee, moving fee, disassembly fee, and reassembly fee.
Prior to scheduling a delivery you must provide information or documentation required for entry to the Premises, including but not limited to NDAs, Certificate of Insurance, health and security documentation and procedures, and a primary and a secondary point of contact who can provide access to the Site upon the arrival of the Unit(s). Once a delivery, revisit, or repair has been scheduled, ROOM or its service partner must be notified of any changes in writing at least two (2) business days in advance of the previously agreed-upon date and time window. Changes made within two (2) business days of the previously agreed-upon date and time window will result in a failed delivery. Persons designated as the point of contact must be available throughout the duration of the delivery and assembly. ROOM will consider the delivery failed if access to the Premise or the Site is not provided within 30 minutes of the Unit(s) arrival, if the Unit(s) have arrived during the previously agreed-upon time window. If the Premise or the Site is not ready to receive the delivery on the previously agreed upon date and time, or proper documentation has not been provided, the delivery will be considered failed. In the case of a failed delivery, ROOM will charge all costs associated back to you, including but not limited to the restocking fee, shipping fee, and warehousing fee, in addition to the original Shipping and Assembly fee.
You must validate that the Site is ready for delivery, assembly, or repairs, including but not limited to a clear delivery path, finished flooring, and active compatible power supply within the length of ROOM-provided power cable(s). If applicable, based on product type or code, ethernet ports, strobe conduit, sprinkler system piping, and inspector verification of placement and local code requirements should be coordinated by the customer before the arrival of the Unit(s). The Site must be spacious enough to accommodate both Unit dimensions and the assembly. For Booth(s), the Site must be bigger than W 49” x D 81” x H 101”, or W 124 cm x D 206 cm x H 257 cm. For Room(s), the Site must be bigger than W 95” x D 85” x H 104” or W 241 cm x D 216 cm x H 264 cm.
You will confirm the placement and scope of work related to the Unit(s), including but not limited to the installation of additional cables or accessories, before the assembly or the move begins. Once you confirm the placement and scope of work, the Unit(s) and the scope of work can no longer be adjusted without additional cost to you. You must provide written confirmation of receipt of Unit(s) on assembly personnel’s form(s) once the assembly or move is complete.
You may use our moving services for a fee, whether moving the Unit(s) within your current location or to another location. Unit(s) moved by ROOMs will continue to be covered by our Warranty, whereas Unit(s) moved by you or your contracted personnel will no longer be covered by the Standard Warranty nor the “Protection Plan.” We do not provide any services related to sprinkler installation or seismic anchorage, including the modification of the Unit(s). You will, at your cost, disconnect from building systems, remove, reinstall, and reconnect such devices if it is deemed necessary by ROOM for the repair service. Unit(s) modified for any reason will void the Warranty.
You understand and agree that ROOM may use third-party service providers to accomplish any of the services mentioned herein, including but not limited to shipping, delivery, assembly, or moving of your order. You understand and agree that ROOM is not responsible for any errors by such third-party service providers.
You agree that delivery of the Unit(s), including the transfer of title and risk of loss to you, will occur at the time your Unit(s) is/are loaded onto transport at ROOM’s manufacturing and/or third party logistics partner (i.e., FCA shipping point).
If you purchased your Booth without ROOM financing, you have the option to return your first Booth purchase only as part of our risk-free trial. We will process the refund of product, shipping, and assembly costs and cover the cost of disassembly of the returned Booth, as well as the return shipping. Purchases made through our financing partner are final and not eligible for returns. The Free Trial does not apply to any other ROOM products. All refunds will be processed within 90 days of receipt of the returned Booth by ROOM.
You represent, warrant, and agree that you will not use or interact with the Services or the Unit(s) in a manner that:
You also agree to use any ROOM Unit(s) that you purchase in accordance with the guidelines and requirements for the use of such products that are provided to you with such products.
You are responsible for your use of your purchased Unit(s), and you represent and warrant you have all rights necessary to do so, in the manner in which you do so. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Unit(s).
You are responsible for compliant installation to all codes and for due diligence of the code requirements pertaining to the local jurisdiction. ROOM is not responsible for any cost incurred post-sales due to the building code and other compliance requirements. In addition, ROOM will not provide any services related to permitting or code compliance outside of the certifications provided with the product purchase.
The Unit(s) may contain connections to and/or integrations with third-party websites or services that are not owned or controlled by ROOM. You understand and agree that ROOM provides access only as a convenience and that when you access such third party services, you accept that there are risks in doing so, and that ROOM is not responsible for such risks, and that information shared with those third parties is outside ROOM’s control and subject to the practices and policies of those third parties. You acknowledge sole responsibility for and assume all risk arising from your use of any third party websites or services.
ROOM has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Unit(s). In addition, ROOM will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Unit(s), you release, indemnify and hold ROOM harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Unit(s), including payment and delivery of goods or Unit(s), and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that ROOM shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
While most of the built-in features of our Unit(s) incorporate proprietary technology, some of the built-in hardware is created by third party service providers (including the sensors and cameras referenced in Section 8 of these Terms). Such third party built-in hardware may also be compatible with software offered by other third parties (such as video and audio conferencing technology like Microsoft Teams and Zoom). ROOM makes no representations or warranties concerning the design, quality of workmanship, or performance, or the quality, accuracy, timeliness, truthfulness, completeness, or reliability of such third party built-in hardware or integrated third party software.
If there is a dispute between users of the Services or the Unit(s) and any third party with respect to the third party’s products and services or the Unit(s), you agree to hold ROOM harmless from damages arising from or related to that dispute and that ROOM is under no obligation to become involved. In the event that you have a dispute with one or more other third parties and/or users, you release ROOM, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services or the Unit(s). If you are a California resident, by using the ROOM Unit(s) you hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
ROOM is routinely working to improve the Services and/or the Unit(s), so they may change over time. We may suspend or discontinue any part of the Services or the Unit(s), or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services or the Unit(s). We reserve the right to remove any Content from the Services or the Unit(s) at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
The Services may be free or ROOM may charge a fee for using the Services (such Services, the “Paid Services”). If you are using a free version of the Services, ROOM will notify you before any Services you are currently using begin carrying a fee, and if you wish to continue using such Paid Services, you must pay all applicable fees for such Paid Services. Note that if you elect to receive text messages through the Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Services.
Payment for all orders is due dependent on the payment terms specified. Failure to make payments will result in delivery delays or suspending shipment of Unit(s) or Service.
You expressly authorize ROOM (or our third party payment processor (the “Payment Processor”)) to bill you, through a payment account linked to your account, (your “Billing Account”) for your purchase of the Unit(s) and/or use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for errors by the Payment Processor. By choosing to use electronic payment, you agree to pay us, through the Payment Processor, all charges at the prices then in effect, as posted or otherwise communicated to you, for any use of such Paid Services in accordance with the applicable payment terms. You authorize ROOM, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. ROOM reserves the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment. All payments for transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If ROOM, through the Payment Processor, does not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and ROOM shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that ROOM may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. ROOM may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service and contact ROOM to let us know that you intend to return your Unit(s) before the end of the trial period to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact ROOM at firstname.lastname@example.org.
All sales except your first Booth, which is eligible for risk-free trial promotion, are final, and they are not eligible for return or refund after the order is confirmed. Booths that are purchased through ROOM financing are not eligible for the risk-free trial promotion and as such, are not eligible for return or refund.
ROOM is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms, at any time and without advance notice to you. ROOM has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay ROOM or indemnify ROOM, any limitations on our liability, any terms regarding ownership or intellectual property rights, any terms regarding your User Submissions (as defined below), any terms regarding cancellation or termination of your account, terms regarding disputes between ROOM, including without limitation the arbitration agreement, and the Warranty disclaimer.
Except as described in ROOM’s express warranties for the Unit(s), ROOM does not make any representations or warranties concerning any content, products or services contained in or accessed through the Services. The Services may include, or may provide you with access to, non-ROOM branded products or services being offered by third parties, and ROOM will not be responsible or liable for such third party products or services. You acknowledge and agree that any third party products and services contained in or accessed through the Services are provided solely on an “AS IS” basis and without any warranty or guarantee of any kind from ROOM, and ROOM is not responsible for the operation or failure of, or any errors, bugs or defects in, any such third party products or services. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED BY ROOM ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE SERVICES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ROOM BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, SERVICE INTERRUPTION, OR THE COST OF SUBSTITUTE SITE OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO ROOM IN CONNECTION WITH THE UNIT IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL WHETHER OR NOT ROOM OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND/OR EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ROOM AND YOU.
To the fullest extent allowed by applicable law, you agree to indemnify, defend and hold ROOM, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your access to or use of the Services or the Unit(s) (including any actions taken by a third party using your account) and (b) your User Submissions, (c) your use of the Unit(s), and (d) your violation and/or alleged violation of these Terms. In the event of such a claim, suit, or action (“Claim”), ROOM will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without ROOM’s prior written consent. ROOM may transfer, assign, or delegate these Terms and our rights and obligations without consent. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
These Terms are governed by and will be construed under the laws of the State of New York, without regard to the conflicts of laws provisions thereof.
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in New York, New York, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in New York, New York. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND ROOM ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
If you are a user of the Services or the Unit(s) in connection with a business, organization or other legal entity, and not in an individual capacity, for all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in New York, New York.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services or the Unit(s), provided that the ROOM may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and ROOM agree that these Terms are the complete and exclusive statement of the mutual understanding and agreement between you and ROOM, and that it supersedes and cancels all previous and contemporaneous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of ROOM, and you do not have any authority of any kind to bind ROOM in any respect whatsoever. Any notices or other communications provided by ROOM under these Terms will be given: (i) via email; or (ii) by posting to the Services or the Unit(s). For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
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