Terms of Service Agreement


These Terms of Use are effective on January 1, 2019.


By accessing or using the There’s Room website, or the There’s Room service, however accessed; you agree to be bound by these terms of use (“Terms of Use”). The Service is owned or controlled by There’s Room, LLC (“THERE’S ROOM”). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.


There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use.


1. How this Agreement Works.


1.1 Choice of Law. If you reside in North America, your relationship is with the Company, an Arizona, and the Services and Software are governed by the law of Arizona, U.S.A. If you reside outside of North America, you may have additional rights under state or national consumer law. We do not seek to limit those rights where it is prohibited by law.


1.2 Eligibility. You may only use the Services if you are (a) over 18 years old and (b) allowed by law to enter into a binding contract. Services are available only to individuals who are at least 18 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services. This provision applies only to mass-market licenses and terms of use.


1.3 Privacy. The Privacy Policy at link to privacy policy governs any personal information you provide to us. By using the Services or Software you agree to the terms of the Privacy Policy.


1.4 Modification. We may modify, update, or discontinue the Services, Software (including any of their portions or features) at any time without liability to you or anyone else. However, we will make reasonable effort to notify you before we make the change. We will also allow you a reasonable time to download your content. If we discontinue a Service in its entirety, then we will provide you with a pro rata refund for any unused fees for that Service that you may have prepaid.


2.1 License. Subject to your compliance with these terms and the law, you may access and use the Services.


2.2 Licensor’s Intellectual Property. We (and our licensors) remain the sole owner of all right, title, and interest in the Services and Software. We reserve all rights not granted under these terms.


2.3 Content Files. “Content Files” means the Company-provided sample files such as stock images or sounds. Unless the documentation or specific license associated with the Content Files state otherwise, you may use, display, modify, reproduce, and distribute any of the Content Files. However, you may not distribute the Content Files on a stand-alone basis (i.e., in circumstances in which the Content Files constitute the primary value of the product being distributed), and you must not claim any trademark rights in the Content Files or derivative works of the Content Files.
 

2.4 Other License Types.

(a) Pre-release Version. We may designate the Software or Services as a pre-release or beta version (“Pre-release Version”). Pre-release Version does not represent the final product and may contain bugs that may cause system or other failure and data loss. We may choose not to commercially release the Pre-release Version. You must promptly cease using the Pre-release Version and destroy all copies of Pre-release Version if we request you to do so, or if we release a commercial version of the Pre-release Version. Any separate agreement we enter into with you governing the Pre-release Version will supersede the provisions on Pre-Release Version set out in this section.


3.0 Your Content.


3.1 Ownership. You retain all rights and ownership of your content. We do not claim any ownership rights to your content.


3.2 Licenses to Your Content in Order to Operate the Services. We require certain licenses from you to your content to operate and enable the Services. When you upload content to the Services, you grant us a non-exclusive, worldwide, royalty-free, sub-licensable, and transferrable license to use, reproduce, publicly display, distribute, modify (so as to better showcase your content, for example), publicly perform, and translate the content as needed in response to user driven actions (such as when you choose to store privately or share your content with others). This license is only for the purpose of operating or improving the There’s Room Services.


3.3 Our Access. We will only access, view, or listen to your content in limited ways. For example, in order to perform the Services, we may need to access, view, or listen to your content to (a) respond to support requests; (b) detect, prevent, or otherwise address fraud, security, unlawful, or technical issues; and (c) enforce these terms.


3.4 Sharing Your Content.


(a) Sharing. Some Services may provide features that allow you to Share your content with other users or to make it public. “Share” means to email, post, transmit, upload, or otherwise make available (whether to us or other users) through your use of the Services. Other users may use, copy, modify, or re-share your content in many ways. Please consider carefully what you choose to Share or make public as you are entirely responsible for the content that you Share.


(b) Level of Access. We do not monitor or control what others do with your content. You are responsible for determining the limitations that are placed on your content and for applying the appropriate level of access to your content. If you do not choose the access level to apply to your content, the system may default to its most permissive setting. It’s your responsibility to let other users know how your content may be shared and adjust the setting related to accessing or sharing of your content.
 

3.5 Termination of License. You may revoke this license to your content and terminate our rights at any time by removing your content from the Service. However, some copies of your content may be retained as part of our routine backups.


3.6 Feedback. You have no obligation to provide us with ideas, suggestions, or proposals (“Feedback”). However, if you submit Feedback to us, then you grant us a non-exclusive, worldwide, royalty-free license that is sub-licensable and transferrable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, and publicly perform to the Feedback.


4. 0 Account Information.

You are responsible for all activity that occurs via your account. Please notify Customer Support
immediately if you become aware of any unauthorized use of your account. You may not (a) Share your account information (except with an authorized account administrator) or (b) use another person’s account. Your account administrator may use your account information to manage your use and access to the Services.

 

4.1 Owner Specific Terms


By creating a listing on the There’s Room platform, you agree to comply with these terms and conditions. As an owner, you agree that you are of legally capacity to enter into an agreement and maintain the necessary ownership of the property. You also agree to (i) provide accurate and maintain updated information, (ii) agree to third party services for background checks (iii) ensuring compliance with all of There’s Room and any state required housing standards and requirements. When you post on the There’s Room platform an agreement is created between you and There’s Room and you agree to pay the required Service Fee. Once a room is rented a legally binding agreement between the owner and renter is made. The specific terms, fee’s and requirements for the rental may be set by the owner but must be disclosed to There’s Room. There’s Room does not provide insurance for damage, violations, or issues with renters. Owners are required (where illegal required), otherwise strongly encouraged to purchase and maintain the necessary insurance for the renting of the property. It is the owner’s responsibility to ensure that the rental creates no violations with HOA, zoning, condominium, other agreements or any other applicable laws. The Owner is responsible for any applicable taxes and fees for renting of the property.


4.2 Renter Specific Terms


Renter agrees that by renting a room through the There’s Room platform that a legally binding agreement is made with the Owner of the property. By using the There’s Room platform, Renters agree to the There’s Room Terms and Conditions. Renters agree to third party background checks and additional screening as needed.

 

If the rental is for multiple parties, all parties may be subject to background checks and additional screening. Additional parties are also subject to the There’s Room Terms and Conditions. If a room is rented for a minor, the Renter must be legally permitted to act on behalf of the minor.


Any required fees and rent, rules and regulations will be communicated to the Renter prior to the Renter entering into the binding agreement. Renter will pay the Owner rent and any additional fees associated with the property rental directly. The service fee for using the There’s Room platform will be paid directly to There’s Room.


In the event that the Match between Owner and Renter is not a good fit, the Renter will be contacted and provided a 30 day timeframe, rounded to the next full month, in which they will need to leave the property. (Ex. If Jan. 1st lease start date, and notified of terminated lease on Jan. 17th, the mover would have 30 days, Feb. 17th, rounded up to the next full month, March 1st) The Renter remains responsible for rent for all days they remain on the premises either by physical or quasi possession of the property. If the Renter does not leave the property by the stated date, the Owner has the right to remove all unclaimed property of the Renter and change the locks to the property, at Renters expense. The Renter remains responsibility for all

personal items and property during this time and indemnifies There’s Room and/or Owner from any lost, stolen, or damaged items.

5.0 User Conduct.


5.1 Responsible Use. The There’s Room communities often consist of users who expect a certain degree of courtesy and professionalism. You must use the Services responsibly.


5.2 Misuse. You must not misuse the Services, Software, or content that we provide to you as part of the Services. For example, you must not:


(a) copy, modify, host, stream, sublicense, or resell the Services, Software, or content;

 

(b) enable or allow others to use the Service, Software, or content using your account information;
 

(c) use the content or Software included in the Services to construct any kind of database;
 

(d) access or attempt to access the Services by any means other than the interface we provided or authorized;
 

(e) circumvent any access or use restrictions put into place to prevent certain uses of the Services;
 

(f) share content or engage in behavior that violates anyone’s Intellectual Property Right (“Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights.);
 

(g) upload or share any content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another’s privacy, or hateful;
 

(h) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
 

(i) attempt to disable, impair, or destroy the Services, software, or hardware;
 

(j) disrupt, interfere with, or inhibit any other user from using the Services (such as stalking, intimidating, or harassing others, inciting others to commit violence, or harming minors in any way),
 

(k) engage in chain letters, junk mails, pyramid schemes, spamming, or other unsolicited messages;
 

(l) place advertisement of any products or services in the Services except with our prior written approval;
 

(m) use any data mining or similar data gathering and extraction methods in connection with the Services; or
 

(n) violate applicable law.


6.0 Fees and Payment.


6.1 Taxes and Third-Party Fees. You must pay any applicable taxes, and any applicable third-party fee (including but not limited to, for example telephone toll charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, ACH fees, foreign exchange fees). We are not responsible for these fees. We will take reasonable steps to collect the fees you owe us. You are responsible for all related collection costs and expenses.

6.2 Credit Card Information. If you do not notify us of updates to your payment method, to avoid
interruption of your service, we may participate in programs supported by your card provider to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.


7.0 Your Warranty and Indemnification Obligations.


7.1 Warranty. By uploading your content to the Services, you agree that you have: (a) all necessary licenses and permissions, to use and Share your content and (b) the rights necessary to grant the licenses in these terms.


7.2 Indemnification. You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to your content, your use of the Services or Software, or your violation of these terms.


8.0 Disclaimers of Warranties.


8.1 Disclaimer of Warranties


THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE THERE’S ROOM CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER THERE’S ROOM NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “THE COMPANY”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE THERE’S ROOM CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THERE’S ROOM OR VIA THE SERVICE. IN ADDITION, THE THERE’S ROOM PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.


THE THERE’S ROOM PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE THERE’S ROOM PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE THERE’S ROOM PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE THERE’S ROOM PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.


THE THERE’S ROOM PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.


8.2 We specifically disclaim any liability for any actions resulting from your use of any Services or Software. You may use and access the Services or Software at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use and access of any Service or Software.


9.0 Limitation of Liability.


9.1 Unless stated in the Additional Terms, we are not liable to you or anyone else for: (a) any loss of use, data, goodwill, or profits, whether or not foreseeable; and (b) any special, incidental, indirect, consequential, or punitive damages whatsoever (even if we have been advised of the possibility of these damages), including those (1) resulting from loss of use, data, or profits, whether or not foreseeable, (2) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or (3) arising from any other claim arising out of or in connection with your use of or access to the Services or Software. Nothing in these terms limits or excludes our liability for gross negligence, for our (or our employees’) intentional misconduct, or for death or personal injury.


9.2 Our total liability in any matter arising out of or related to these terms is limited to US $100 or the aggregate amount that you paid for access to the Service and Software during the three-month period preceding the event giving rise to the liability, whichever is larger. This limitation will apply even if we have been advised of the possibility of the liability exceeding the amount and notwithstanding any failure of essential purpose of any limited remedy.


9.3 The limitations and exclusions in this Section 9 apply to the maximum extent permitted by law.


10. Termination.


10.1 Termination by You. You may stop using the Services at any time. Termination of your account does not relieve you of any obligation to pay any outstanding fees.


10.2 Termination by Us. If we terminate these terms for reasons other than for cause, then we will make reasonable effort to notify you at least 30 days prior to termination via the email address you provide to us with instructions on how to retrieve your content. Unless stated in Additional Terms, we may, at any time, terminate your right to use and access the Services or Software if:
 

(a) you breach any provision of these terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with these terms);


(b) you fail to make the timely payment of fees for the Software or the Services, if any;


(c) we are required to do so by law (for example, where the provision of the Services or Software to you is, or becomes, unlawful);

(d) we elect to discontinue the Services or Software, in whole or in part, (such as if it becomes impractical for us to continue offering Services in your region due to change of law); or
 

(e) there has been an extended period of inactivity in your free account.
 

10.3 Survival. Upon expiration or termination of these terms, any perpetual licenses you have granted, your indemnification obligations, our warranty disclaimers or limitations of liabilities, and dispute resolution provisions stated in these terms will survive. Upon the expiration or termination of the Services, some or all of the Software may cease to operate without prior notice.


11.0 Investigations.


11.1 Screening. We do not review all content uploaded to the Services, but we may use available technologies or processes to screen for certain types of illegal content (for example, child pornography) or other abusive content or behavior (for example, patterns of activity that indicate spam or phishing, or keywords that indicate adult content has been posted outside of the adult wall).


11.2 Disclosure. We may access or disclose information about you, or your use of the Services, (a) when it is required by law (such as when we receive a valid subpoena or search warrant); (b) to respond to your requests for customer service support; or (c) when we, in our discretion, think it is necessary to protect the rights, property, or personal safety of us, our users, or the public.
 

12. Export Control Laws.


The Software, Services, content, and your use of the Software, Services, and content, are subject to U.S. and
international laws, restrictions, and regulations that may govern the import, export, and use of the Software,
Services, and content. You agree to comply with all the laws, restrictions, and regulations.


13. Dispute Resolution.


13.1 Process. For any concern or dispute you may have, you agree to first try to resolve the dispute informally by contacting us. If a dispute is not resolved within 30 days of submission, you or There’s Room must resolve any claims relating to these terms, the Services, or the Software through final and binding arbitration.


13.2 Rules. This Agreement shall be governed by the state laws of Arizona. All disputes and claims arising in connection with this 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.


13.3 No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.


13.4 Injunctive Relief. Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Services or content in violation of these terms you agree that we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.


14. Modification.


We may modify these terms or any additional terms that apply to a Service or Software to, for example, reflect changes to the law or changes to our Services or Software. You should look at the terms regularly. We will post notice of modifications to these terms on this page. We will post notice of modified additional terms in the applicable Service or Software. By continuing to use or access the Services or Software after the revisions come into effect, you agree to be bound by the revised terms.


15. Miscellaneous.


15.1 Notice to There’s Room. You may send the notices to us to at the following address: There’s Room at Customer Support at info@theresroom.com

 

Business address: 315 W. Elliot Rd. Tempe AZ 85284


15.2 Notice to You. We may notify you by email, postal mail, postings within the Services, or other legally acceptable means.


15.3 Entire Agreement. These terms constitute the entire agreement between you and us regarding your use of the Services and Software and supersede any prior agreements between you and us relating to the Services.


15.4 Non-Assignment. You may not assign or otherwise transfer these terms or your rights and obligations under these terms, in whole or in part, without our written consent and any such attempt will be void. We may transfer our rights under these terms to a third party.


15.5 Severability. If a particular term is not enforceable, the unenforceability of that term will not affect any other terms.


15.6 No Waiver. Our failure to enforce or exercise any of these terms is not a waiver of that section.


16. DMCA.


We respect the Intellectual Property Rights of others and we expect our users to do the same. We will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act (“DMCA”).