THESE TERMS are an Agreement between Roomdock, LLC, a Limited Liability Company formed under the laws of the State of Colorado (“Roomdock”) and each user of www.Roomdock.com (the “Roomdock Platform”) who lists a residence or residences for rent on Roomdock’s Platform (a “Room Provider”), and between Roomdock and each user of the Roomdock Platform who is in need of a rental and seeks to book a residence or residences (a “Room Seeker”). All Room Providers and Room Seekers are required to review and be bound by these Terms in order to participate on the Platform. IF YOU DISAGREE WITH ANY PORTION OF THESE TERMS, YOU CANNOT PARTICIPATE AS A ROOM PROVIDER OR ROOM SEEKER. PLEASE CAREFULLY REVIEW THESE TERMS BECAUSE THEY IMPACT YOUR RIGHTS, RELIEF, AND LIABILITY.
I. Scope of Roomdock Services.
- a. The Roomdock Platform is an online marketplace that enables registered users (“Members”) to publish and view residences for rent. Members are divided into two categories: Room Providers and Room Seekers. Roomdock allows Room Providers to list their rental on the Platform (a “Listing”), allows Room Seekers to search rentals on the Platform, and allows Members to communicate and transact directly (collectively, Roomdock’s “Services”). Room Providers may offer private, multi-family, or single-room properties for rent to Room Seekers (“Accommodations”).
- b. AS THE PROVIDER OF THE ROOMDOCK PLATFORM, ROOMDOCK DOES NOT OWN, CREATE, SELL, RESELL, PROVIDE, CONTROL, MANAGE, OFFER, DELIVER, OR SUPPLY ANY LISTINGS OR ACCOMMODATIONS. ROOM PROVIDERS ALONE ARE RESPONSIBLE FOR THEIR LISTINGS AND ACCOMMODATIONS. WHEN MEMBERS MAKE OR ACCEPT A BOOKING, THEY ARE ENTERING INTO A CONTRACT DIRECTLY WITH EACH OTHER. ROOM PROVIDERS MAY REQUIRE ROOM SEEKERS TO ENTER INTO SEPARATE, INDEPENDENT LEASE AGREEMENTS FOR THE ACCOMMODATIONS. ROOMDOCK IS NOT AND DOES NOT BECOME A PARTY TO OR OTHER PARTICIPANT IN ANY CONTRACTUAL RELATIONSHIP BETWEEN MEMBERS, NOR IS ROOMDOCK A REAL ESTATE BROKER, INSURER, OR LANDLORD. ROOMDOCK IS NOT ACTING AS AN AGENT IN ANY CAPACITY FOR ANY MEMBER.
- c. While Roomdock may, in limited circumstances described in these Terms, help facilitate the resolution of disputes, Roomdock has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Accommodations; (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below); or (iii) the performance or conduct of any Member or third party. Roomdock does not endorse any Member, Listing, or Accommodation. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification, or guarantee by Roomdock about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe, or suitable. You should always exercise due diligence and care when deciding whether to stay in an Accommodation, accepting a booking request from a Room Seeker, or communicate and interact with other Members, whether online or in person. Images of the Accommodations are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Roomdock of any Room Provider, Listing, or Accommodation.
- d. If you choose to use the Roomdock Platform, your relationship with Roomdock is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer, or partner of Roomdock for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Roomdock.
- e. Roomdock incorporates translations into the Roomdock Platform in order to allow Members to view the Roomdock Platform in their language of choice. Roomdock does not verify, nor does it guarantee the accuracy of, these translations. Roomdock is not responsible for any confusion or inaccuracies that result from the use of the translations.
- f. The Roomdock Platform may contain links to third-party websites or resources (“Third-Party Services”). Examples such Third-Party Services include, but are not limited to: (i) furniture rental assistance and welcome kits; (ii) airport pickup; and (iii) hotel accommodations. Such Third-Party Services may be subject to different terms and conditions and privacy practices. Roomdock is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Roomdock of such Third-Party Services.
- g. Due to the nature of the Internet, Roomdock cannot guarantee the continuous and uninterrupted availability and accessibility of the Roomdock Platform. Roomdock may restrict the availability of the Roomdock Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Roomdock Platform. Roomdock may improve, enhance and modify the Roomdock Platform and introduce new Services from time to time.
II. Eligibility, Using the Roomdock Platform, Member Verification.
- a. You must be at least 18 years old and able to enter into legally binding contracts to access and use the Roomdock Platform. By accessing or using the Roomdock Platform, you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract. If you are under the age of 18, your use of the Roomdock Platform must be supervised and approved by a parent or guardian. Your parent or guardian is responsible for your activities on the Roomdock Platform.
- b. Roomdock may make access to and use of the Roomdock Platform, or certain areas or features of the Roomdock Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Review thresholds, or booking and cancellation history.
- c. User verification on the Internet is difficult and Roomdock does not assume any responsibility for the confirmation of any Member’s identity or any Accommodation. Notwithstanding the foregoing, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to, require the following:
i. For Room Providers.
ii. For Room Seekers.
- 1. Recent images of the Accommodation, including images of the surrounding area;
- 2. Proof of ownership of the Accommodation;
3. A form of government identification or other information or additional check designed to help verify the identities or backgrounds of Members; and
- 4. Identity verification through a global identity verification service.
- 1. A form of government identification or other information or additional check designed to help verify the identities or backgrounds of Members;
- 2. Proof of enrollment in an educational institution;
- 3. A background check to be completed by a third party provider; and
- 4. A credit report completed by a third party provider.
III. Modification of These Terms.
Roomdock reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to the Terms, we will post the revised terms on the Roomdock Platform and update the “Last Updated” date at the top of them. We will also provide you with notice of the modifications by email at least 15 days before the date they become effective. If you disagree with the revised Terms, you may terminate your participation in Roomdock and this Agreement with immediate effect by deleting your account and ceasing use of the Roomdock Platform. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Roomdock Platform will constitute acceptance of the revised Terms.
IV. Account Registration.
- a. You must register an account ("Roomdock Account") to access and use certain features of the Roomdock Platform, such as publishing or booking a Listing, or communicating with other Members. If you are registering a Roomdock Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
- b. You can register Roomdock Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook, LinkedIn, or Google ("SNS Account"). You have the ability to disable the connection between your Roomdock Account and your SNS Account at any time through your Account Settings.
- c. You must provide accurate, current and complete information during the registration process and keep your Roomdock Account and profile page information up-to-date at all times.
- d. You cannot register more than one Roomdock Account unless Roomdock authorizes you to do so. You may not assign or otherwise transfer your Roomdock Account to another party.
- e. You are responsible for maintaining the confidentiality and security of your Roomdock Account credentials and may not disclose your credentials to any third party. You must immediately notify Roomdock if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Roomdock Account. You are liable for any and all activities conducted through your Roomdock Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
- a. Roomdock may, at its sole discretion, enable Members to: (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Roomdock Platform ("Member Content"); and (ii) access and view Member Content and any content that Roomdock itself makes available on or through the Roomdock Platform, including proprietary Roomdock content and any content licensed or authorized for use by or through Roomdock from a third party ("Roomdock Content" and together with Member Content, "Collective Content").
- b. Roomdock is not responsible for any Member Content on the Roomdock Platform. Member Content is uploaded by Members at their own risk and Members must ensure their postings and messages comply with these Terms.
- c. The Roomdock Platform, Roomdock Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Roomdock Platform and Roomdock Content, including all associated intellectual property rights, are the exclusive property of Roomdock and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Roomdock Platform, Roomdock Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Roomdock used on or in connection with the Roomdock Platform and Roomdock Content are trademarks or registered trademarks of Roomdock in the United States. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Roomdock Platform, Roomdock Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
- d. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Roomdock Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Roomdock or its licensors, except for the licenses and rights expressly granted in these Terms.
- e. Subject to your compliance with these Terms, Roomdock grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) download and use Roomdock mobile apps, as they become available, on your personal device(s); and (ii) access and view any Collective Content made available on or through the Roomdock Platform and accessible to you, solely for your personal and non-commercial use.
- f. By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Roomdock Platform, you grant to Roomdock a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable, and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Roomdock Platform, in any media or platform. Such voluntarily provided Member Content may also appear in Room Seeker documents that are requested by Room Providers. Unless you provide specific consent, Roomdock does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
- g. You are solely responsible for all Member Content that you make available on or through the Roomdock Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Roomdock Platform or you have all rights, licenses, consents and releases that are necessary to grant to Roomdock the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Roomdock's use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- h. You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information), or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates any Roomdock policy. Roomdock may, without prior notice, remove or disable access to any Member Content that Roomdock finds to be in violation of these Terms or Roomdock’s then-current policies or standards, or otherwise may be harmful or objectionable to Roomdock, its Members, third parties, or property.
VI. Service Fees.
- a. Roomdock may charge fees to Room Providers ("Provider Fees") and/or Room Seekers ("Seeker Fees") (collectively, "Service Fees") in consideration for the use of the Roomdock Platform.
- b. Any applicable Service Fees (including any applicable taxes) will be displayed to a Room Provider or Room Seeker prior to publishing or booking a Listing. Roomdock reserves the right to change the Service Fees at any time, and we will provide Members adequate notice of any fee changes before they become effective.
- c. You are responsible for paying any Service Fees that you owe to Roomdock. EXCEPT AS OTHERWISE PROVIDED ON THE ROOMDOCK PLATFORM, SERVICE FEES ARE NON-REFUNDABLE. If you are overdue on any applicable Service Fees, Roomdock reserves the right to withhold the overdue balances from your future transactions or employ any measure allowed by law to collect the balances otherwise.
- d. Details of our Service Fees are found in Roomdock’s Payment Policy.
VII. Ratings and Reviews.
Within a certain timeframe after completing a booking, Room Seekers and Room Providers can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Any Ratings or Reviews reflect the opinion of individual Members and do not reflect the opinion of Roomdock. Ratings and Reviews are not verified by Roomdock for accuracy and may be incorrect or misleading. Ratings and Reviews must be fair, truthful and factual and may not contain any offensive or defamatory language. Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party write a positive or negative Review about another Member.
VIII. Terms Specific to Room Providers.
a. Terms Applicable to All Listings.
i. When creating a Listing through the Roomdock Platform you must: (i) provide complete and accurate information about your Accommodation (such as Listing description, location, and availability)’ (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply; and (iii) provide any other pertinent information requested by Roomdock. You are responsible for keeping your Listing information (including availability) up-to-date at all times.
ii. You are solely responsible for setting a price (including any applicable taxes) for your Listing (“Listing Fee”). Once a Room Seeker requests a booking of your Listing, you may not request the Room Seeker to pay a higher Listing Fee than what you have set in your Listing. Further, you are solely responsible for the Accommodation description for your Listing (“Listing Description”). Once a Room Seeker requests a booking of your Listing, you may not change the Listing Description for that booking request. Roomdock records the Listing Fee and Listing Description that was published by you at the time of each booking request to ensure the above policy is adhered to.
iii. ANY TERMS AND CONDITIONS INCLUDED IN YOUR LISTING MUST NOT CONFLICT WITH THESE TERMS. ROOMDOCK UTILIZES A STANDARD CANCELLATION POLICY (SEE SECTION X, BELOW.) THAT MUST BE FOLLOWED BY ALL ROOM PROVIDERS.
iv. Pictures, animations, or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Accommodation. Roomdock reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
v. The placement and ranking of Listings in search results on the Roomdock Platform may vary and depend on a variety of factors, such as Room Seeker search parameters and preferences, Room Provider requirements, price and calendar availability, number and quality of Images, Ratings and Reviews, distance from search area, customer service and cancellation history, type of Accommodation, and/or ease of booking.
vi. When you accept or have pre-approved a booking request by a Room Seeker, you are entering into a legally binding agreement with the Room Seeker and are required to provide your Accommodation to the Room Seeker as described in your Listing and Listing Fee when the booking request is made. You also agree to pay the applicable Provider Fee and any applicable taxes.
vii. Roomdock recommends that Room Providers obtain appropriate insurance for their Accommodations. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Room Seekers while staying at your Accommodation.
b. Listing Accommodations.
- i. You may only list one Accommodation per Listing.
- ii. If you choose to require a security deposit for your Accommodation, you must specify this in your Listing ("Security Deposit"). Roomdock may require a reasonable minimum Security Deposit and that amount may change from time to time at the sole discretion of Roomdock. Room Providers are not allowed to ask for a Security Deposit after a booking has been confirmed or outside of the Roomdock Platform. Roomdock will use commercially reasonable efforts to address Room Provider requests and claims related to Security Deposits, but Roomdock is not responsible for administering or accepting any claims by Room Providers related to Security Deposits.
- iii. You represent and warrant that any Listing you post and the booking of, or a Room Seeker's stay at, an Accommodation will: (i) not breach any agreements you have entered into with any third parties, such as a homeowners association, condominium association, apartment complex, or other agreements; and (ii) comply with all applicable laws (such as zoning laws), tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Room Provider, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation.
IX. Terms Applicable to Room Seekers.
a. Terms Applicable to All Listings.
- i. Subject to meeting any requirements (such as completing any verification processes) set by the Room Provider, you can book a Listing available on the Roomdock Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Seeker Fee, and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your Roomdock Account.
- ii. Upon approval from Room Provider of your booking request, a legally binding agreement is formed between you and your Room Provider, subject to any additional terms and conditions of the Room Provider that apply, including in particular the applicable Cancellation Policy and any rules and restrictions specified in the Listing. Roomdock will authorize your credit card for the Total Fees at the time of the booking request and will charge your credit card upon the Room Provider’s approval pursuant to our Payment Policy.
b.License for Booking Accommodations.
You understand that an approved booking of an Accommodation is a limited license granted to you by the Room Provider to enter, occupy, and use the Accommodation for the duration of your stay, during which time the Room Provider (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Room Provider.
- X. Listing Modifications, Booking Cancellations, and Refunds.
- a. Modifications.
Room Providers may modify and/or amend their Listing at any time pursuant to Section VIII(a)(i)-(iv), above. Similarly, Room Seekers may freely cancel their booking requests at any time prior to approval. Once a booking has been approved, Room Provider and Room Seeker may not alter the move-in date, Security Deposit, or monthly rent without disclosing such alterations to Roomdock. Failure to notify Roomdock of post-approval alterations to the booking may impact your cancellation and refund rights and protections under our Roomdock Cancellation Policy.
b. Roomdock Cancellation Policy; Refunds.
AS A MATTER OF RIGHT, ROOMDOCK ALLOWS ALL ROOM SEEKERS TO CANCEL THEIR APPROVED BOOKING AT NO CHARGE WITHIN 24 HOURS OF APPROVAL BY ROOM PROVIDER. THIS 24 HOUR WINDOW IS MANDATORY AND ROOM PROVIDERS MAY NOT DEVIATE FROM IT. In addition, Roomdock allows for the following three policies to be chosen by Room Provider when creating Room Provider’s Listing:
- i. OPTION 1: No extended refund period. Room Seeker may cancel booking with 24 hours of approval with full (100%) refund of Security Deposit (Service Fee is non-refundable). All cancellations after the 24 hour window are non-refundable.
- ii. OPTION 2: Cancellation within 7 days of booking approval, Room Seeker gets full (100%) refund of Security Deposit (Service Fee is non-refundable). Cancellation between 8-14 days of booking approval, Room Seeker gets half (50%) refund of Security Deposit (Service Fee is non-refundable).
- iii. OPTION 3: Cancellation within 15 days of booking approval, Room Seeker gets full (100%) refund of Security Deposit (Service Fee is non-refundable). Cancellation between 16-30 days of booking approval, Room Seeker gets half (50%) refund of Security Deposit (Service Fee is non-refundable).
- c. Last Minute Cancellation by Room Provider.
If Room Provider cancels an approved booking prior to the move-in date for any reason, Room Seeker will receive a 100% refund of Deposit (Service Fee is non-refundable).
XI. Relationship Between Roomdock, Room Providers, and Room Seekers.
The Roomdock Platform connects Room Providers and Room Seekers and allows them to initially communicate and transact. Roomdock is not itself a provider of Accommodations and is not affiliated with any Room Provider or Room Seeker. Roomdock also does not aid Room Providers in the selection of Room Seekers to approve, nor does Roomdock screen Room Seekers to ensure they meet the qualifications required by Room Providers prior to requesting to book an Accommodation. AFTER THE ROOMDOCK SERVICES, ROOMDOCK IS NO LONGER INVOLVED IN THE RELATIONSHIP BETWEEN THE ROOM PROVIDER AND ROOM SEEKER. The Room Provider and Room Seeker may independently enter into a lease agreement for the Accommodation, such as standard in the residential rental industry; however, Roomdock is not a party to, nor affiliated with, that agreement. ANY AND ALL DISPUTES OUTSIDE OF THE SERVICES ARE SOLELY BETWEEN ROOM PROVIDER AND ROOM SEEKER, AND NEITHER PARTY CAN SEEK RELIEF FROM ROOMDOCK. Disputes between Room Provider and Room Seeker may include, but are not limited to: (i) damage to the Accommodation; (ii) violation or breach of the lease agreement; (iii) evictions or holdover proceedings; and (iv) discrimination in the leasing process.
XII. Currency Used. All transactions on the Roomdock Platform are in United States currency (USD$).
Roomdock does not provide currency exchange services.
- a. Room Providers are solely responsible for determining their obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist, or other visitor taxes or income taxes ("Taxes").
- b. Tax regulations may require us to collect appropriate Tax information from Room Providers, or to withhold Taxes from payouts to Room Providers, or both. If a Room Provider fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.
- c. You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where your Accommodation is located may require Taxes to be collected from Room Seekers or Room Providers on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Room Providers, a set amount per day, or other variations, and are sometimes called "transient occupancy taxes," "hotel taxes," "lodging taxes," "city taxes," "room taxes" or "tourist taxes" ("Occupancy Taxes").
XIV. Prohibited Activities.
- a. You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Roomdock Platform. In connection with your use of the Roomdock Platform, you will not and will not assist or enable others to:
- i. Beach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, policies, or standards;
- ii. Use the Roomdock Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Roomdock endorsement, partnership or otherwise misleads others as to your affiliation with Roomdock;
- iv. Use the Roomdock Platform in connection with the distribution of unsolicited commercial messages ("spam");
- v. Offer, as a Room Provider, any Accommodation that you do not yourself own or have permission to make available as a residential or other property through the Roomdock Platform;
- vi. Unless Roomdock explicitly permits otherwise, book any Listing if you will not actually be residing in the Accommodation yourself;
- vii. Contact another Member for any purpose other than asking a question related to a your own booking, Listing, or the Member's use of the Roomdock Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
- viii. Use the Roomdock Platform to request, make, or accept a booking independent of the Roomdock Platform, to circumvent any Service Fees or for any other reason;
- ix. Request, accept, or make any payment for Listing Fees outside of the Roomdock Platform or Roomdock Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Roomdock harmless from any liability for such payment;
- x. Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior, especially when choosing which Room Seeker to approve;
- xi. Use, display, mirror, or frame the Roomdock Platform or Collective Content, or any individual element within the Roomdock Platform, Roomdock's name, any Roomdock trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Roomdock Platform, without Roomdock's express written consent;
- xii. Dilute, tarnish or otherwise harm the Roomdock brand in any way, including through unauthorized use of Collective Content, registering and/or using Roomdock or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Roomdock domains, trademarks, taglines, promotional campaigns or Collective Content;
- xiii. Use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Roomdock Platform for any purpose;
- xiv. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Roomdock or any of Roomdock's providers or any other third party to protect the Roomdock Platform;
- xv. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Roomdock Platform;
- xvi. Take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Roomdock Platform;
- xvii. Export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
- xviii. Violate or infringe anyone else’s rights or otherwise cause harm to anyone.
- b. You acknowledge that Roomdock has no obligation to monitor the access to or use of the Roomdock Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to: (i) operate, secure and improve the Roomdock Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Roomdock in good faith, and to provide Roomdock with such information and take such actions as may be reasonably requested by Roomdock with respect to any investigation undertaken by Roomdock or a representative of Roomdock regarding the use or abuse of the Roomdock Platform.
- c. If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who: (i) engages in offensive, violent or sexually inappropriate behavior; (ii) you suspect of stealing from you; or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Roomdock by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
XV. Term and Termination.
a. This Agreement will be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Roomdock terminate the Agreement in accordance with this provision.
b. You may terminate this Agreement at any time by sending us an email. If you cancel your Roomdock Account as a Room Provider, any booking requests received by Room Seekers, but not yet approved by you, will be automatically cancelled. If you cancel your Roomdock Account as a Room Seeker, any booking requests you have sent to Room Providers that have not yet been approved will be automatically cancelled.
c. Without limiting our rights specified below, Roomdock may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
- d. Roomdock may immediately, without notice, terminate this Agreement if:
- i. You have materially breached your obligations under these Terms;
- ii. You have violated applicable laws, regulations, or third party rights, or
- iii. Roomdock believes in good faith that such action is reasonably necessary to protect the personal safety or property of Roomdock, its Members, or third parties (for example, in the case of fraudulent behavior of a Member).
- e. In addition, Roomdock may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body; or if (ii) you have breached these Terms, applicable laws, regulations, or third party rights; (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Roomdock Account registration, Listing process or thereafter; (iv) you and/or your Listings or Accommodations at any time fail to meet any applicable quality or eligibility criteria; (v) you have repeatedly received poor Ratings or Reviews or Roomdock otherwise becomes aware of or has received complaints about your performance or conduct; (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason; or (vii) Roomdock believes in good faith that such action is reasonably necessary to protect the personal safety or property of Roomdock, its Members, or third parties, or to prevent fraud or other illegal activity:
- i. Refuse to surface, delete, or delay any Listings, Ratings, Reviews, or other Member Content;
- ii. Cancel any pending or confirmed bookings;
- iii. Limit your access to or use of the Roomdock Platform;
- iv. Temporarily or permanently revoke any special status associated with your Roomdock Account; or
- v. Temporarily or in case of severe or repeated offenses permanently suspend your Roomdock Account.
- f. In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Roomdock and an opportunity to resolve the issue to Roomdock's reasonable satisfaction.
- g. If we take any of the measures described above: (i) we may refund Room Seekers in full, exclusive of Service Fees, for any and all submitted, non-approved bookings that have been cancelled, irrespective of preexisting cancellation policies, (ii) the Room Provider in violation will not be entitled to any compensation for submitted, non-approved bookings that were cancelled, and (iii) the Room Seeker in violation will lose any non-approved booking requests they have submitted. IF WE TAKE ANY OF THE MEASURES DESCRIBED IN THIS SECTION, YOU WILL STILL BE RESPONSIBLE FOR APPLICABLE SERVICE FEES.
- h. When this Agreement has been terminated, you are not entitled to a restoration of your Roomdock Account or any of your Member Content. If your access to or use of the Roomdock Platform has been limited or your Roomdock Account has been suspended or this Agreement has been terminated by us, you may not register a new Roomdock Account or access and use the Roomdock Platform through an Roomdock Account of another Member.
- a. If you choose to use the Roomdock Platform or Collective Content, you do so voluntarily and at your sole risk. The Roomdock Platform and Collective Content are provided “as is,” without warranty of any kind, either express or implied.
b. You agree that you have had whatever opportunity you deem necessary to investigate the Roomdock Services, laws, rules, or regulations that may be applicable to your Listings and/or your Room Seeker activities and that you are not relying upon any statement of law or fact made by Roomdock relating to a Listing.
c. If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim representations or warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
d. The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
XVII. Limitation of Liability.
a. Unless you reside in the EU, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Roomdock Platform and Collective Content, your publishing or booking of any Listing via the Roomdock Platform, your stay at any Accommodation, or any other interaction you have with other Members whether in person or online remains with you.
i. Neither Roomdock nor any other party involved in creating, producing, or delivering the Roomdock Platform or Collective Content will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Roomdock Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Roomdock Platform, or (iv) from your publishing or booking of a Listing, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Roomdock has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
ii. Except for our obligations to pay amounts to applicable Room Providers pursuant to these Terms, in no event will Roomdock’s aggregate liability arising out of or in connection with these Terms and your use of the Roomdock Platform including, but not limited to, from your publishing or booking of any Listings via the Roomdock Platform, or from the use of or inability to use the Roomdock Platform or Collective Content and in connection with any Accommodation, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the Roomdock Platform as a Room Seeker in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Room Provider, the amounts paid by Roomdock to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable.
iii. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Roomdock and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Roomdock’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
b. If you reside in the EU, Roomdock is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. Roomdock is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of Roomdock in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of Roomdock is excluded.
You agree to release, defend (at Roomdock’s option), indemnify, and hold Roomdock and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
a. Your breach of these Terms or our policies or standards;
b. Your improper use of the Roomdock Platform or any Roomdock Services;
c. Your interaction with any Member or your stay at an Accommodation, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction or stay; or
d. Your breach of any laws, regulations, or third party rights.
XIX. Dispute Resolution.
a. This Dispute Resolution and Arbitration Agreement shall apply if you (i) reside in the United States; or (ii) do not reside in the United States, but bring any claim against Roomdock in the United States (to the extent not in conflict with Section XX(a), below).
b. Overview of Dispute Resolution Process. Roomdock is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section XIX(a) applies: (1) an informal negotiation directly with Roomdock’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section). Specifically, the process provides:
i. Claims can be filed with AAA online (www.adr.org);
ii. Arbitrators must be neutral and no party may unilaterally select an arbitrator;
iii. Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
iv. Parties retain the right to seek relief in small claims court for certain claims, at their option;
v. The initial filing fee for the consumer is capped at $200;
vi. The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
vii. The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.
c. Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Roomdock each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Roomdock’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
d. Agreement to Arbitrate. You and Roomdock mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Roomdock Platform, the Host Services, or the Collective Content (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Roomdock agree that the arbitrator will decide that issue.
e. Exceptions to Arbitration Agreement. You and Roomdock each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction:
i. (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and
ii. (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
f. Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
g. Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Roomdock agrees that any required arbitration hearing may be conducted, at your option, (a) in the United States county where you reside; (b) in Denver County; (c) in any other location to which you and Roomdock both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
h. Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
i. Jury Trial Waiver. You and Roomdock acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
j. No Class Actions or Representative Proceedings. You and Roomdock acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and Roomdock both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
k. Severability. Except as provided in Section XIX(j), in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
l. Changes. Notwithstanding the provisions of Section III (“Modification of These Terms”), if Roomdock changes this Section XIX (“Dispute Resolution”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Roomdock’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Roomdock in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
m. Except as provided in Section XIX(k), this Section XIX will survive any termination of these Terms and will continue to apply even if you stop using the Roomdock Platform or terminate your Roomdock Account.
XX. General Provisions.
a. Governing Law. These Terms will be interpreted in accordance with the laws of the State of Colorado and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section XIX must be brought in state or federal court in Denver, Colorado, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Denver, Colorado.
b. Entire Agreement. Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Roomdock and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Roomdock and you in relation to the access to and use of the Roomdock Platform.
c. Restriction on Assignability or Transfer. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. You may not assign, transfer, or delegate this Agreement and your rights and obligations hereunder without Roomdock's prior written consent. Roomdock may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
d. Severability. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
e. Waivers. Roomdock’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. 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 permitted under law.
f. Notices. Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by Roomdock via email, Roomdock Platform notification, or messaging service (including SMS and WeChat).
g. Questions? If you have any questions about these Terms please email us.