Website Disclaimers and Terms of Service/Privacy Policy

Informational content disclaimer policy


THE INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED “AS IS” AND ALL WARRANTIES,
EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR
SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR
SYSTEM INTEGRATION, OR NON-INFRINGEMENT. COMPANY ’S MAXIMUM LIABILITY FOR ANY
INACCURATE INFORMATION AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE
WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE INFORMATION RECEIVED
(IF ANY). COMPANY IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF BUSINESS,
LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE.


1. Policy. The Company (“Company”) Privacy Policy covers Company’s treatment of personal or
personally identifiable information (“Personal Information”) that may be collected when you are on the Company web site www.theresroom.com and when you use Company’s services. This policy does not apply to the practices of companies that Company does not own or control, or to individuals that are not under Company’s supervisory control.


2. Collection and Use of Personal Information. Company may collect Personal Information when you use certain services on the Company web site or when you visit cookie-enabled web pages. Company may also log your IP address when you use the Company web site. Company uses this Personal Information to fulfill requests for our services or products, to contact users regarding changes to our site or our business, and to customize the content that you might see on the Company web site. Company may also use “cookie” files to better serve your needs by creating a customized web site which fits your needs.


3. Sharing and Disclosure of Personal Information. Company will not sell or rent your Personal
Information to any individual, business, or government entity. Company will share your Personal
Information with other entities only should you request Company to share such information, or if
Company is required to respond to court orders, subpoenas or other legal process.


4. User Accounts. Company creates user accounts for users to participate and customize in the
building process. You have the ability to edit your User Information at any time, and may delete your account at your convenience. Under no condition will Company share your user account information with another individual, business or government entity, unless Company is required to respond to court orders, subpoenas or other legal process.


5. Encryption. All user account pages are protected with Secure Socket Layer (“SSL”) encryption. All user accounts must be accessed with usernames and passwords. You are advised not to share your username and password with any other person.


6. Amendments. Company reserves the right to amend this policy at any time. Company will contact registered users by e-mail, and shall also post a notice of changes on its web site, when and if the terms of this policy are amended.

7. Contact. You may contact Company directly by e-mailing admin@theresroom.com should you have any questions regarding this policy.


Terms of Service


1. Acceptance of Terms of Use. Company Name provides its online services and Web Site to you, the User, subject to this Terms of Service Agreement (“TOS”). Company reserves the right to alter the TOS at any time without notice to User. By using the Company web site, located at the URL, User agrees to abide by this TOS Agreement.


2. Online Services and Disclaimer of Warranty. The Company web site provides online resources
including, but not limited to, online information regarding Company’s website services offered,
downloadable demo programs, and online communities. Any new services, resources or informational content added to the web site shall fall under the terms of this TOS Agreement. The online resources, informational content, and software on this web site is provided “AS IS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR
SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR
SYSTEM INTEGRATION, OR NON-INFRINGEMENT. Company assumes no responsibility for any data
loss or other loss suffered by any User of this web site. User is fully responsible for maintaining its
computer equipment and Internet access to use the Company web site.


3. Registration. Certain areas of the Company web site are provided solely to registered Users of the web site. Any User registering for such services agrees to provide true and accurate information during the registration process. Company reserves the right to terminate the access of such Users should Company know, or have reasonable grounds to suspect, that a User has entered false or misleading information during the registration process. ALL REGISTERED USERS MUST BE OF LEGAL AGE TO REGISTER. Children under the age of 18 shall not be permitted to register unless under the strict supervision of a legal guardian. Company reserves the right to require valid credit card information as proof of legal age. Company maintains strict online Privacy Policy and will not sell or give your information to other parties.


4. User account. Users will select a username and password upon completing the registration process. Users are fully responsible for maintaining the confidentiality of their username and password. User agrees to immediately notify Company at admin@theresroom.com should User know, or have reasonable grounds to suspect, that the username and password have been compromised. Company shall not be responsible for User’s failure to abide by this Paragraph.


5. Informational content supplied by Users. User understands that all information, computer files,
software, graphics, sound files, and text, whether publicly displayed by User on the Company web site, or privately transmitted through the Company web site, are the responsibility of the User from which such informational content has originated. User is fully responsible for any and all informational content that user uploads, posts, e-mails, or transmits using the Company web site. Company does not and cannot control the informational content Users transmit through the Company web site. Under no circumstances shall Company be held liable for User’s exposure to informational content that User deems offensive, indecent or objectionable. Under no circumstances shall Company be held liable for any errors or omissions in any informational content transmitted by Users.


6. User conduct. User agrees to not use the Company web site to:

  • (a)upload, post, or transmit any informational content that is unlawful, threatens another person or entity, defamatory, vulgar, obscene, libelous, invades the privacy of another, or is otherwise objectionable;

  • (b)harm legal minors;

  • (c)collect personal information on, “cyberstalk” or harass another User, or engage in conduct that negatively affects the online experience of another User;

  • (d)impersonate another User, person, or entity, including any official or employee of Company;

  • (e)intentionally or unintentionally violate any local, state, or federal law, including violations of the Copyright Act;

  • (f)upload, post or transmit any software or files that contain software viruses or other harmful computer code;

  • (g)interfere with the operation of Company’s web servers or other computers or Internet o network connections;

  • (h)upload, post or transmit any informational content that is the copyrighted, patented o trademarked intellectual property of another, or the trade secret of or confidential information of another; 

  • (i)upload, post or transmit and unsolicited or unauthorized advertising, including “spam” or “junk mail.”

Company does not pre-screen uploaded, posted or transmitted content, but Company reserves the right to inspect, edit and delete any content that Company knows, or has reason to know, has violated this TOS Agreement. Company reserves the right to immediately, and without notice, terminate the account of any User found to have violated the provisions of this TOS Agreement. Company may disclose any informational content Users post, upload or transmit to the Company web site, if such disclosure is necessary to enforce this TOS Agreement, to respond to claims of intellectual property infringement, to comply with legal process, or to protect the rights of Company, the public, or other Users.


7. Content submitted by Users. Company does not claim ownership of any informational content submitted by Users to the Company web site. User grants Company a non-exclusive, royalty free license to use, distribute, reproduce, modify, and publicly display any informational content submitted to the Company web site. This license exists only so long as User allows its content to remain on the Company web site and will terminate in the event that User removes such content.


8. Indemnity. You agree to indemnify and hold Company, and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.


9. No resale. User agrees not to reproduce, copy, duplicate, or sell any portion of the Company web site.


10. Limits and modifications. Company reserves the right to modify any and all portions of the
Company web site without notice. Under no circumstances shall Company be liable to User or any other party for such limits or modifications.


11. Termination of User account. Company may, at its sole discretion, terminate the User’s account for any reason. Under no circumstances shall Company be liable to User or any other party for such termination of User’s account.


12. Hyperlink policy. The Company site contains hyperlinks to other Internet sites not under the
editorial control of Company. These hyperlinks are not express or implied endorsements or approvals by Company of any products, services or information available from these sites.


13. Company’s intellectual property rights. User agrees not to distribute, license, or create derivative works from any of Company’s copyrighted or trademarked material, including graphic files and software, available on the Company web site.


14. No warranties. THE INFORMATION AND DOWNLOADABLE SOFTWARE PROVIDED ON THIS WEB
SITE IS PROVIDED “AS IS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED,

INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR

PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-
INFRINGEMENT.

15. Limitation of liability. COMPANY’S MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION OR
SOFTWARE AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE
LIMITED TO THE AMOUNT PAID BY YOU FOR THE INFORMATION RECEIVED (IF ANY). COMPANY IS
NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF BUSINESS, LOSS OF PROFITS OR
CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.


16. Notice. Notices may be posted to the Company web site or e-mailed to Users using the e-mail address Users submitted during the registration process.


17. General. This TOS Agreement constitutes the entire agreement between you and Company and governs your use of the Company web site. This TOS Agreement shall be governed by the laws of the State of Arizona. All disputes and claims arising in connection with this TOS Agreement shall be finally settled under the Rules of the American Arbitration Association, and such arbitration shall take place in the State of Arizona. Judgment may be entered in any court of competent jurisdiction on any arbitration award. Any claim arising under the terms of this TOS Agreement must be brought within one (1) year after such claim or cause of action arose or be forever barred.


18. Violations. Please report any known or suspected violations of the Terms of Use, including any
suspected copyright or trademark violations to admin@theresroom.com.