TERMS OF USE

Last Update: July 25, 2013
  1. Your Acceptance
  2. Please read these Terms of Use (the “Terms”) because they are legally binging on you even if you are simply browsing roometrics.com (the “Site,” “we,” “us,” or “our”) without registering an account. The date these Terms have been modified last is indicated at the top of this page. We may update these Terms from time to time when we feel it is appropriate, without notifying you. Please check back periodically because your visits following the updates constitute your acceptance of the updated Terms. You must also agree with our Privacy Policy which describes the types of personal information we collect and how we use it. If you do not agree to these Terms of Use or the Privacy Policy, you must exit the Site.
  3. Neutral Platform Disclaimers
    1. Venue. The Site is a neutral online venue for roommates to find each other. Our role is limited to providing the platform, we do not actively monitor roommate listings or user interactions; we are not a party to any user activities on our Site. Therefore, we disclaim all liability arising out of users’ posts or conduct on our Site. The Site is provided “as is,” with no warranties of any kind. We do not make any representation regarding any Site content’s truthfulness, accuracy, completeness or reliability. We cannot undertake to review all material posted on our Site for truthfulness or legal compliance, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
    2. Matching. The Site contains features for roommate matching based on personality test criteria. We do not actively “match” roommates, it is each user’s responsibility to ensure adequate matching without relying on any test scores, which scores are provided for convenience only. We do not guarantee that roommate compatibility scores provided by us are accurate or will ultimately result in a good match. Any form of discrimination is strictly prohibited.
    3. Functionality. We do not warrant that any functions of, or your access to the Site will be uninterrupted or error-free, that any errors will be corrected or that the Site or the server which stores and transmits content to you are free of viruses or any other harmful component.
  4. Intellectual Property
    1. General. Site contents, features and functionality (including but not limited to all information, text, displays, images, video and audio, and the design, selection and arrangement thereof) are protected by the US and international copyright, trademark, trade secret and other intellectual property or proprietary rights laws.
    2. Licenses. We grant you a right to use this Site only for personal non-commercial purposes. You may not use any data from our Site for any purpose other than finding a roommate for yourself. You retain intellectual property rights to the content you submit to the Site, provided however that by submitting any roommate listing, you grant the Site a worldwide, royalty-free, non-exclusive, transferable license (with right to sub-license) to publicly display that listing to other Site users until you remove the listing.
    3. DMCA. The Site respect the intellectual property rights of others and expects users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will address the claims of copyright infringement committed using our Site if such claims are reported to our designated DMCA Copyright Agent at [email protected] If we believe that any posted material violates any applicable law, we will remove or disable access to any such material. In notifying us of alleged copyright infringement, include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
  5. User Accounts
    1. Certain features of the Site, such as posting a roommate listing, are only available to users who register an account. By registering an account, you agree to only provide truthful, non discriminatory, non vulgar, non offensive and not misleading information. You will not impersonate any person or entity. You may not use others’ accounts and you may not share your account with anyone. You are responsible for maintaining the confidentiality of your login credentials. You agree to update your registration information as it changes. You must notify us immediately in the event you suspect any unauthorized use of your account.
    2. We reserve the right, using reasonable discretion appropriate under circumstances, to refuse registration to anyone or to terminate any user account for any reason. We have the right to take any action that we deem necessary or appropriate if we believe that such user violates the Terms of Use, infringes any intellectual property right or other right, posts defamatory or otherwise objectionable content, threatens the personal safety of users of the Site or the public. We may:
      1. Disclose your identity to any third party who claims that content submitted by you violates their rights, including without limitation their intellectual property rights or their right to privacy.
      2. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site. We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Site.
      3. Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.
      4. Block violator’s IP address and/or notify his or her Internet Service Provider.
  6. Your Representations, Warranties and Responsibilities
    By visiting or using the Site, you represent, warrant and agree that:
    1. You are at least 18 years of age and have full legal capacity to form a binding contract.
    2. You will at all times comply with all applicable laws, including, without limitation, nondiscrimination, privacy and harassment laws. Any content you submit to the Site must not contain any discriminatory, profane, libelous, pornographic, harmful or otherwise objectionable material, as will be determined at our sole discretion. The content you submit remains your sole responsibility, and you acknowledge that posting content in violation of any law may potentially subject you, not us, to civil and/or criminal liability.
    3. Any personal information you submit to the Site is governed by the Privacy Policy.
    4. All user content is provided “as is,” without warranties of any kind whatsoever. We do not monitor, approve, edit, sanction, encourage, verify or agree with any user submitted content.
    5. You will not use the Site for any illegal and/or discriminatory purpose. You must not copy, transmit, modify, create derivative works of, publicly display, publicly perform or republish any of the material on the Site, except as permitted by these Terms for personal permissible use.
    6. You may be exposed to information or images you may find objectionable or offensive.
    7. You will not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Site.
    8. You will not attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
    9. You will not use the information contained on the Site for the purposes of gaining a competitive advantage.
    10. You will not send, or procure the sending of, any advertising or promotional material, or any unsolicited communication without our prior written consent.
    11. You will not use any automated or manual software or processes to "crawl" or "spider" any of the Site’s pages to collect site usage statistics, pricing data, information about users, etc.
    12. You will not use any device, software or routine that interferes with the proper working of the Site or interferes with anybody’s use of the Site.
  7. Indemnification
    All of your actions on, and content provided to our Site are your sole responsibility. That includes, without limitation, any photos, images, descriptions, messages, profiles and test answers. You agree to defend, indemnify and hold harmless the Site, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from the content you submit, your interactions with other Site users, your violation of these Terms of Use or your use of the Site, including, without limitation, any submission, use of or reliance on the Site content.
  8. Disclaimer of Warranty; Limitation of Liability
    1. SITE AND ITS CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
    2. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO EMOTIONAL DISTRESS, LOSS OF GOODWILL OR REPUTATION, PERSONAL INJURY, PAIN AND SUFFERING, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN YOUR JURISDICTION.
    3. Under no circumstances will we be liable for any amounts exceeding the amounts actually paid to us, if any. NO CLAIM, SUIT OR ACTION SHALL BE BROUGHT AGAINST us MORE THAN ONE YEAR AFTER THE RELATED CAUSE OF ACTION HAS OCCURRED.
  9. Links
    1. The Site may contain links to other websites, content or resources. We are not responsible for the content of those websites or resources, therefore, we disclaim all liability related to them. The Site may contain paid advertising but third party advertising does not constitute recommendation or endorsement by us or our affiliates. Please verify all information and advertising with independent sources and rely on that information at your own risk. Third party websites may be governed by their own terms of use and related documents which are different from our Terms, please verify directly at those third party websites.
    2. You may link to our Site, provided you do so in a way that is fair, legal and does not suggest any form of association, approval or endorsement on our part where none exists. You may not establish a link from any website that is not owned by you. You cannot frame our Site on any other site. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
  10. Disputes Between Users
    As a neutral venue, we do not ourselves provide any forms of dispute resolution and do not verify the truth or accuracy of any content. We will remove or modify content if ordered to do so by a court order. We reserve the right, but have no obligation, to remove or edit any content we consider inappropriate for any reason.
  11. Fees and Refunds
    You acknowledge that we may change our payment structure at any time. You acknowledge that you will receive no refunds. Notwithstanding the foregoing, we may decide to issue a refund on a case by case basis if all of the following conditions are satisfied: 1) we determine, at our sole discretion, that you have shown a compelling reason for a refund (fraud, duplicate payment, etc.); 2) you have only used our service sparsely; and 3) you have submitted a refund request within 14 days of payment.
  12. Governing Law; Waiver of Jury Trial
    These Terms of Use shall be governed by the laws of California, without regard to its conflict of laws principles that would result in application of any other law. All disputes arising out of or related to our Site shall be resolved in federal or state courts sitting in Los Angeles, California, and you hereby irrevocably submit to the personal jurisdiction of such courts. YOU IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE SITE, OR ANY ARRANGEMENTS AND TRANSACTIONS ENTERED INTO THROUGH THE SITE.
  13. Miscellaneous
    1. Independent contractors. The Site and you are independent contracting parties and there is no relationship of agency, partnership, joint venture or any similar association formed by your use of the Site.
    2. Electronic Communications. You agree that all notices or other communications regarding your account and/or your use of the Site ("Communications"), may be provided to you electronically and you agree to receive all Communications from us in electronic form. You may print a copy of any Communications and retain it for your records. All electronic Communications will be considered just as legally binding as if they were in paper form. You may revoke your consent to receive Communications electronically, but if you revoke your consent to receive Communications electronically, we reserve the right to terminate your right to use our Site.
    3. Captions and Headings. The captions and headings of these Terms are for convenience of reference only and have no legally binding effect.
    4. No Waiver. No term or provision in the Terms of Use will be considered waived, and no breach excused, unless such waiver is in writing signed on behalf of the party against whom the waiver is asserted. No waiver (whether express or implied) will constitute consent to, waiver of, or excuse of any other, different, or subsequent breach.
    5. Severability. If and to the extent any provision of these Terms is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable but only to the extent of its illegality, invalidity, or unenforceability and shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties.
    6. Assignment. We may transfer, assign or subcontract the rights, interests or obligations under these Terms, at our sole discretion, without obtaining your consent.
    7. No Third Party Rights. These Terms of Use do not confer any rights on any third party.
    8. Entire Agreement. These Terms of Use and all linked documents that are hereby incorporated herein by reference constitute the entire agreement between you and us, and supersede any other communications or advertisements with respect to the Site.
  14. Feedback

    You may address your questions, concerns and feedback to roometrics.com