Terms of use for RoomMatch

Effective Date: September 30, 2019

This Terms of Use (“Agreement”, “Terms”) is an agreement between you and Roommatch, Inc. (“Roommatch”, "us", "our" or "we") and sets forth the legally binding terms for your use of our website found at www.roommatch.com (and any sub-domains or other website which includes a link to these Terms) (collectively the "Sites"), which includes our Roommatch Platform (“Platform”) as well as in connection with any of our services accessible through the Sites (“Services”).

These Terms apply to your use of the Sites or Services (however accessed and/or used, whether via personal computers, mobile devices or otherwise) or any other means or applications in which you connect with us and your use of our Services.

Our Privacy Policy found at https://roommatch.com/privacy, is incorporated into and subject to these Terms by reference. Please see our Privacy Policy for information about how we collect, use, and share information from visitors to our Sites or users of our Services.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 16 BELOW OR YOU ARE A CONSUMER RESIDING OUTSIDE THE U.S. IN WHICH CASE SECTION 17 WILL APPLY, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

QUICK LINKS

We recommend that you read these Terms in full to ensure you are fully informed. However, to make it easier for you to review those parts of these Terms which apply to you, we have divided up the document into the following sections:

1. Who We Are and our Services
2. Acceptance of Terms
3. Account Registration
4. Contact, Profile and Listing Information
5. Use of Services
6. Proprietary Rights
7. Digital Millennium Copyright Act Notice (U.S. Only)
8. Disclaimer of Warranties
9. Limitation of Liability
10. Your Legal Liability
11. California Residents’ Rights
12. Geographic Restrictions
13. Changes to Terms of Use
14. Third Party Links
15. No Rights of Third Parties
16. Arbitration / Dispute Resolution for U.S. Residents
17. Dispute Resolution for Non-U.S. Residents
18. Miscellaneous
19. Contact Us

1. WHO WE ARE AND OUR SERVICES
The Roommatch Platform is an online marketplace that enables registered users (“Members”) who are either a host (“Host”) who uses our Services to list a rooms or apartments for rent on the Platform (each a “Listing”) or a potential roommate looking for a room or apartment to rent (“Roommate”), and which enables Members to communicate through the Platform and thereafter transact directly with each other.
As the provider of the Platform, Roommatch does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings, nor is Roommatch a broker, landlord, leasee or insurer or acting as an agent in any capacity for any Member. Hosts alone are responsible for their Listings. When Roommates enter into an agreement with the Hosts, the Roommate and Host are entering into a contract directly with each other. Roommatch is not and does not become a party to or other participant in any contractual relationship between Members.
While Roommatch may choose to help facilitate the resolution of disputes, Roommatch has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings, (ii) the truth or accuracy of any Listing descriptions, Member profiles or other User Content (as defined below), or (iii) the performance or conduct of any Member. Roommatch does not endorse any Member or Listing. Any such description is not an endorsement, certification or guarantee by Roommatch about any Member, including the Roommate's or Host’s identity or background or whether any Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to communicate and interact with other Members, whether online or in person, and inspect any properties thoroughly before you make any binding commitments with respect to any Listings posted on the Platform.
If you choose to use our Platform or other Services your relationship with Roommatch is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Roommatch 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 Roommatch. Roommatch does not, and shall not be deemed to, direct or control you generally, or in your performance under these Terms specifically, including in connection with your provision of the Listing or your entering into a contract with another Member. You acknowledge and agree that you have complete discretion whether to publish a Listing or otherwise rent or lease a listed room to or from a Member.
Due to the nature of the Internet, Roommatch cannot guarantee the continuous and uninterrupted availability and accessibility of the Platform. Roommatch may restrict the availability of the 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 Platform. Roommatch may improve, enhance and modify the Platform and eliminate Services or introduce new Services from time to time without notice. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Roommatch in providing its Services is to cancel your account and/or stop using the Services.

2. ACCEPTANCE OF TERMS
Agreement to the Terms. Each time that you access or use our Sites or Services you signify that you have read, understand, and agree to be bound by these Terms. If you do not agree to any of these Terms, you must discontinue using the Sites and Services.
Eligibility/Capacity. You must be at least 18 years old to use the Sites and Services or become a Member, and you are only permitted one account on the Platform. Multiple live accounts are not permitted. By registering with us you are confirming to us that: (i) you are over 18 years old or have reached the age of majority in the jurisdiction in which you reside and have the legal capacity to be bound by these Terms; (ii) you have not previously been banned from the Platform; and (iii) you do not already have an account registered with us.
Electronic Form/Communications. By accessing or using the Sites or Services you consent to having this Agreement provided to you in electronic form and receiving communications from us electronically. We may communicate with you by postal mail, e-mail or by posting notices on the Sites. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing.

3. ACCOUNT REGISTRATION
Access to the Sites and Services. You do not need to register as a Member in order to access and browse some sections of the Sites or our Services, but you may not be able to access all of the features of the Sites or Services , including the Platform unless you register with us and create an account on the Platform. If you are browsing the Sites or Services and have not yet registered with us your use of the Sites or Services will still be subject to these Terms.
Registration. You will need to register with us in order to post any Listings on the Platform or communicate with other Members. You can register by clicking on the "Join Now" on our homepage and submitting the information required (“Roommatch Account”). You’ll need to provide a valid email address and a password, which you will be required to submit each time you log into the Platform. You may also be required to submit some additional personal information about yourself as part of the registration process. If you are registering a Roommatch Account for a company or other legal entity, or an individual other than yourself, you represent and warrant that you have the authority to legally bind that entity or individual and grant us all permissions and licenses provided in these Terms. You must provide accurate, current and complete information during the registration process and keep your Roommatch Account and public profile page information up-to-date at all times. Please review our Privacy Policy for further information about how we will process your personal information, including the data rights available to you.
Security. If you use our Services you are responsible for restricting access to your Roommatch Account and ensuring that your computer and mobile device are free from all types of malicious content, including content that may track any data you enter via the Services. Your login ID email address (or other unique identifier needed to create an account) and password, together with any mobile number or other contact information you provide, form your “Account Information”. You understand and agree that you are responsible for maintaining the confidentiality and security of your password and other Account Information, and that you are solely responsible for all activities that occur on or through your Roommatch Account. You further agree to notify Roommatch immediately of any unauthorized access to your Roommatch Account or unauthorized use of your Account Information or any other security breach by emailing us at info@roommatch.com.

4. CONTACT, PROFILE AND LISTING INFORMATION
Accurate Information. You agree to provide Roommatch with accurate, complete, and updated Member Profile, and Listing Information. Failure to comply with this provision (including, without limitation, any falsification of any Information whatsoever) may, at Roommatch's option, result in immediate suspension or termination of your right to access or use the Sites or Services.
Contacting You. When you provide us with contact information in connection with a particular activity or when using our Services, such as an email address or telephone number, you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. We may contact you using contact information obtained directly from you or which is provided to us with your consent. You attest that you have the legal authority over any contact information provided to us and can provide us and/or third parties with the authorization to contact you. This means you may be contacted in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, IM messaging, or any other means of communication that your wireless or other telecommunications device may be capable of receiving), in accordance with applicable law and your communication preferences. Please keep your contact information up to date as you are solely responsible for any contact information you provide to us.

5. USE OF THE SERVICES
Free Offer. Our Services, including access to our Platform and Member database are currently provided for free, but we reserve the right to charge a fee for our Services in the future and will provide notice prior to doing so.
Rules of Conduct. In connection with your use of the Services, you will not (i) use the Services other than as permitted in these Terms and only for your personal use; (ii) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Sites, Content (as hereinafter defined), or Services; (iii) upload or input to the Services any information which contains software viruses, or any computer code, files or programs designed to interrupt, destroy or limit the functionality of the Services, any computer software or hardware or telecommunications equipment; (iv) reverse engineer, decompile, reverse assemble, decode, modify or attempt to discover any source code or generate its content or any software or other products or processes accessible through the Services; (v) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Services, monitor traffic on the Services, obtain or accumulate personal information about other users, or collect or store personal data about other users; (vi) copy or adapt the object code of any software, HTML, JavaScript or other code; (vii) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services; (viii) use the Services in any manner that in our sole judgment, adversely affects the performance or function of the Services or interferes with the ability of other users to access or utilize the Services or undertake any acts not expressly permitted under the Terms; (ix) develop a product which is competitive with any of Roommatch’s Services; (x) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Content; (xi) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform, or any features or functionality of the Platform, to any third party for any reason; (xii) exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage; (xiii) use software or any other means to harvest information from the Services; (xiv) harass others or disclose personal information about others that could amount to harassment; (xv) impersonate others or create false accounts or false Listings; (xvi) Send chain letters, junk mail, ‘spamming’ material or any other form of bulk communication; (xvii) publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, sexually explicit, harmful, confidential, libelous, hateful, threatening or otherwise illegal material or information, or anything which might constitute a criminal or civil offence; or (xviii) undertake to use the Services in violation of any applicable law, regulation or generally accepted practices or guidelines (“Applicable Law”) or take any action which would cause us to be in violation of any Applicable Law.
Accuracy. You represent and warrant that (i) all the information you provide in your Member profile or Listing will be truthful and to the best of your knowledge and belief, accurate and not in any way misleading; (ii) any photos or videos of a Listing will be current and accurate representations of the Listing you are advertising; (iii) You have the necessary rights and permissions to advertise and/or rent or let the applicable Listing or provide any information in a Member profile; (iv) you will not post multiple Listings for the same room or property or create multiple Member profiles; or (v) you will not post fake Listings for rooms or properties that are not available to be viewed, rented or leased as described or shown.
Monitoring. Roommatch reserves the right to monitor all network traffic to the Services and anyone using the Services expressly acknowledges that such monitoring may occur. Roommatch may block unauthorized attempts or intrusions to upload or change information or cause damage to Services in any fashion. You acknowledge that Roommatch has no general obligation to monitor User Content (defined below) nor to actively seek facts or circumstances indicating illegal activity, but has the right to review, disable access to, or to edit any User Content in order to: (i) operate, secure and improve the security of the Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Member's compliance with these Terms; (iii) comply with Applicable Law or the order or requirement of a court, law enforcement, or other administration agency or governmental body; (iv) respond to User Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms.
Equal Opportunity. Roommatch is committed to equal opportunities and compliance with Applicable Laws, including anti-discrimination and fair housing laws. You agree that you will not advertise on the Platform in such a way as to discriminate against anyone based on nationality, race, ethnic or religious group, sexual orientation, age, gender or disability. For details on discrimination laws as they apply to housing click here.
Termination. Roommatch may terminate your access to Services immediately or disable any user name, password or other identifier, whether chosen by you or provided by Roommatch, at any time without notice, if, in Roommatch’s sole opinion, you have violated any provision of these Terms. Termination will not limit any of Roommatch’s rights or remedies at law or in equity.
Third-Party Links. The Services may contain links to other websites or applications. These websites and applications are not under the control of Roommatch, and the existence of a link from the Services does not imply any endorsement of or affiliation with the linked websites or applications. Roommatch makes no warranties or representations, and disclaims all liability, relating to the accuracy, content, terms of use, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked websites or applications.
Data Collection Policy. No party unaffiliated with Roommatch may collect or use, or direct, authorize or assist other persons or entities to collect or use any data from a user, or a computer or device operated by a user, while accessing our Services except to individually search for a Listing or Roommate as contemplated herein, without Roommate’s prior express written permission.
Injunctive Relief. You expressly acknowledge and agree that there may be no adequate remedy at law for a breach of this Section, that such a breach may irreparably harm Roommatch and Roommatch is entitled, without limiting any of its other remedies at law or equity, to seek injunctive relief (temporary and permanent) from any court of competent jurisdiction immediately upon request and without the need to post a bond or security, with respect to any such breach or potential breach of these Terms.

6. PROPRIETARY RIGHTS
Ownership of Content and Marks. The Sites, Services, and all content published on or accessible through the Sites and Services (‘Content”), is owned by Roommatch, its affiliates or its licensors, and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights. Roommatch owns a copyright in the selection, coordination, arrangement and enhancement of such Content and a copyright in the Platform and Sites. All trademarks, logos, service marks, trade names, and trade dress appearing on the Content, Platform or Sites (“Marks”), are proprietary to Roommatch, its affiliates, or its licensors. You acknowledge that you do not acquire any ownership rights in any Content or Marks downloaded or accessed from the Sites or Services. You may not frame or utilize framing techniques to enclose any Marks or Content (including images, text, page layout, or form) nor use any Meta tags or any other "hidden text" utilizing Roommatch’s, its affiliates’, or its licensors’ name or Marks without the prior express written consent of Roommatch. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, the Sites, Services, Marks or Content, in whole or in part, without the prior written consent or Roommatch.
Our Limited License to You. You acknowledge and agree that the Sites, Services and Content are provided under license, and not sold, to you. You do not acquire any ownership interest in the Sites, Services or Content under these Terms, or any other rights thereto other than to use the Sites, Services and Content in accordance with the license granted, and subject to all terms, conditions, and restrictions under these Terms. Roommatch grants you a limited, personal, non-commercial, non-exclusive, revocable, non-assignable, and non-transferable license to access (but not through scraping, spidering, crawling or other technology or software used to access data) and display the Content (excluding any software code) solely for your personal use in connection with accessing and using the Services as reasonably necessary to use them for their intended purpose. You may not insert any code or product to manipulate the Content, Sites, Platform or other Services in any way that affects any user's experience. Roommatch and its licensors reserve all rights not expressly granted in and to its respective Sites, Services, Marks and Content. You may not use the Sites, Services, Marks or Content in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Sites or Services. You may, however, from time to time, download copies of individual pages from the Services for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
License to Member and Host User Content. The Platform enables 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 Roommatch Platform to describe Listings and Member profiles ("User Content"); and (ii) access and view User Content. Between you and Roommatch you retain ownership of the User Content you post. However, you are solely responsible for all User Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to Roommatch the rights in and to such User Content, as contemplated under these Terms; (ii) you are solely responsible for, and we will have no liability in connection with, your User Content or any other User Content you access through or use in conjunction with the Services, and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or our use of the User 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.
Feedback/Idea Submissions. Roommatch does not accept unauthorized idea submissions. Any ideas disclosed to Roommatch are not confidential and Roommatch may develop, use and freely disclose or publish similar ideas without compensating you or accounting to you. All comments or materials submitted to us, including testimonials, images, reviews, questions, comments, or suggestions (collectively, “Feedback”), is received and treated by us on a non-confidential and unrestricted basis. If you provide Roommatch with any Feedback, you hereby grant Roommatch a non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, transferable, sublicensable license to reproduce, distribute, modify, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit that Feedback for any purposes, for all current and future methods and forms of exploitation throughout the world. If any such rights may not be licensed under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert all such rights. You understand and agree that Roommatch is not required to make any use of any Feedback that you provide. You agree that if Roommatch makes use of your Feedback, Roommatch is not required to credit or compensate you for your contribution. You represent and warrant that you have sufficient rights in any Feedback that you provide to Roommatch to grant Roommatch and other affected parties the rights described above. This includes but is not limited to intellectual property rights and other proprietary, privacy or other personal rights.

7. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE (U.S. Only)
Filing a Complaint. If you are a Member in the United States, Roommatch has designated an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (“DMCA”) and avails itself of the protections under the DMCA. We reserve the right to remove any User Content on the Sites which allegedly infringes another person’s copyright We are under no obligation to scan content posted for any violations of third party rights. However, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Sites. If you believe any materials on any Site infringes a copyright, you should provide us with a written request to takedown the allegedly infringing material in the form of a written letter, sent by regular mail only, (“DMCA Takedown Notice”) that at a minimum includes:
• Identification of the URL of the Sites and the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Your name, address, telephone number and email address (if available);
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
• The signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notwithstanding the foregoing, we reserve the right to ignore a DMCA Takedown Notice that is not in compliance with the DMCA.
Filing a Counter-Notice. If your material has been removed or blocked by us as a result of our receipt of a DMCA Takedown Notice, you may send us a request asking for the allegedly infringing material to be restored in the form of a written letter, sent by regular mail only (“DMCA Counter-Notice”) that at a minimum includes:
• Identification of the copyrighted work (or works) that was removed by Roommatch and the URL of the Sites with the location at which the works appeared before they were removed. The information must be reasonably sufficient to permit us to identify the copyrighted work;
• Your name, address, telephone number and email address (if available);
• A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located, or the State of Florida if your address is outside of the United States;
• A statement that you will accept service of process from the person (or an agent of such person) who provided the DMCA Takedown Notice to us;
• A statement that you have a good faith belief that the allegedly infringing material identified above as the copyrighted work was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• A signature of a person authorized to act on behalf of the owner of the copyrighted work that was taken down.
When we receive the DMCA Counter-Notice, we will send a copy of the DMCA Counter-Notice to the party who originally sent us the DMCA Takedown Notice requested the removal of the allegedly infringing material and we will reinstate the allegedly infringing material, unless that party obtains a court order supporting removal of the allegedly infringing material. Notwithstanding the foregoing, we reserve the right to ignore a DMCA Counter-Notice that is not in compliance with the DMCA.
Both the DMCA Takedown Notice and the DMCA Counter-Notice must be sent to our designated DMCA designated agent addressed as follows:
Roommatch, Inc.
2519 Aqua Vista Boulevard
Ft. Lauderdale, FL 33301
Attention: Stephen Bonneau

8. DISCLAIMER OF WARRANTIES
IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. THE CONTENT AND INFORMATION OFFERED ON OR THROUGH THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OR ANY OTHER TERMS OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OR OTHER TERMS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR TERMS OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT: THAT THE SITES, SERVICES, INCLUDING THE PLATFORM, OR ANY OF THEIR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT ANY PART OF THE SITES, SERVICES, INCLUDING THE PLATFORM, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR CONTENT CONTAINED THEREIN WITH REGARD TO THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPROPRIATENESS FOR ANY PURPOSE, OR OTHERWISE. DUE TO THE NATURE OF THE INTERNET, ROOMMATCH CANNOT GUARANTEE THE CONTINUOUS AND UNINTERRUPTED AVAILABILITY AND ACCESSIBILITY OF THE PLATFORM OR OTHER SERVICES. ROOMMATCH MAY RESTRICT THE AVAILABILITY OF THE SERVICES OR CERTAIN AREAS OR FEATURES OF THE PLATFORM, 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 SITES OR SERVICES. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITES OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SITES OR SERVICES.

9. LIMITATION OF LIABILITY
Unless you are a consumer and your Country of Residence is in the EU or UK, 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 Sites, Platform or other Services, Content and User Content, your posting of any Listing, your entering into any agreement with a Host pertaining to a Listing, or any other interaction you have with other Members whether in person or online remains with you. Neither Roommatch nor any other party involved in creating, producing, or delivering the Sites, Platform or other Services, Content or User 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 Platform or other Services, (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 Services, or (iv) from your publishing of a Listing or your entering into an agreement with a Host, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Roommatch has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed its essential purpose. In no event will Roommatch’s aggregate liability arising out of or in connection with these Terms and your use of the Services, including, but not limited to, from your posting a Listing or any tenancy or lodging arrangements of any kind that you enter into as a result of using the Platform, or from the use of or inability to use the Platform or assess User Content or interactions with any other Members, exceed the amounts you have paid to Roommatch in the twelve month period prior to the event giving rise to the liability, or $50USD if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Roommatch 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 in the EU or UK and you are a consumer, we are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for any loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill to provide the Services; but we are not responsible for loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or, if at the time the contract was made, both we and you knew it might happen (for example, if you discussed this with us prior to using our Services). We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, or the negligence of our employees, agents, or subcontractors; for fraud or fraudulent misrepresentation; or for breaches of your legal rights in relation to the Services, such as for our Services to be supplied with reasonable care and skill. We are not liable for business losses, as we only provide the Services for domestic and private use. If you use our Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

10. YOUR LEGAL LIABILITY
You agree that you have had whatever opportunity you deem necessary to investigate that your use of the Services complies with Applicable Law regarding your Listings and/or any tenancy or lodging arrangements of any kind that you arrange with any Member, and that you are not relying upon any statement of law or fact made by Roommatch relating to your compliance with Applicable Law. To the extent permitted by applicable law, you agree at all times to defend, indemnify and hold harmless Roommatch, its affiliates, their successors, transferees, assignees and licensees, and their respective parent and affiliated companies, agents, associates, officers, directors, shareholders and employees of each, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (i) your use or misuse of the Services; (ii) your violation of these Terms; (iii) negligent acts or omissions; (iv) any User Content or Feedback you submit to us; and/or (v) damage to property.

11. CALIFORNIA RESIDENTS’ RIGHTS
If you are a California resident and in connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

12. GEOGRAPHIC RESTRICTIONS
While Roommatch will provide the Services with reasonable care and skill, Roommatch makes no representations that the Services are appropriate for use from locations outside the United States or compliant with laws outside the United States. If you access the Services from outside the United States, you are responsible for compliance with local laws in relation to your use of the Services.

13. CHANGES TO TERMS OF USE
Roommatch will review and may update these Terms periodically and will note the new effective date if any changes are made. If we make material changes to these Terms we may choose to notify you by prominently posting a notice of a new Terms of Use update on our Sites for a period of time in our discretion but we encourage you to review these Terms and make note of the “effective date” frequently. Your continued use of the Sites and Services after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to these Terms, you must discontinue using the Sites and Services.

14. THIRD PARTY LINKS
You may be able to access other websites or resources through links accessed on the Sites. Because Roommatch has no control over such websites and resources, you acknowledge and agree Roommatch is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services, or other materials available from such websites or resources nor does Roommatch endorse any such sites or the products or services assessable on such websites.

15. NO RIGHTS OF THIRD PARTIES
You agree that, except as otherwise expressly provided in these Terms, there are not third-party beneficiaries to these Terms.

16. ARBITRATION / DISPUTE RESOLUTION FOR U.S. RESIDENTS
Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Florida without application of conflict of laws rules, except that the Arbitration provisions shall be governed by the Federal Arbitration Act.
Resolution of Any Dispute. In the event a dispute arises between you and Roommatch (“Dispute”), we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting us by emailing legal@roommatch.com or by writing to Roommatch, Inc., P.M.B. 600, 11271 Ventura Blvd, Studio City, CA 91604. If, however, the Dispute cannot be resolved by the personnel directly involved, the parties shall first attempt in good faith to resolve the Dispute promptly by negotiation between duly appointed executive officers or other representatives of such parties, with full authority to negotiate and settle the Dispute. If a Dispute has not been resolved by negotiations within 90 days as provided hereinabove, such Dispute shall be submitted to JAMS, or its successor (collectively, “JAMS”), for mediation as provided hereinbelow. Any party involved in the Dispute may commence mediation by providing to JAMS and each other party involved in the Dispute a written request for mediation, setting forth the subject of the Dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS’ panel of neutrals and in scheduling the mediation proceedings. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator and any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any litigation or other proceeding involving the parties; provided, however, that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. None of the parties may commence arbitration or a civil action with respect to the matters submitted to mediation until after the completion of the initial mediation session, or 30 business days after the date of filing the written request for mediation, whichever occurs first. Mediation may continue after the commencement of arbitration or a civil action, if the parties so desire.
Limitation of Legal Remedies. If there is a Dispute that remains unresolved after mediation, INSTEAD OF SUING IN COURT, YOU AND ROOMMATCH EACH AGREE TO THE FULLEST EXTENT PERMITTED BY LAW TO ARBITRATE DISPUTES THROUGH BINDING ARBITRATION PURSUANT TO THE JAMS ARBITRATION RULES AND PROCEDURES, ON AN INDIVIDUAL BASIS, WITHOUT CLASS RELIEF, EXCEPT FOR DISPUTES PERTAINING TO ROOMMATCH’S INTELLECTUAL PROPERTY RIGHTS AND STATUTORY CLAIMS THAT PURSUANT TO LAW ARE NOT ARBITRABLE. This agreement to arbitrate is intended to be broadly interpreted. It includes claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory (“Claim(s)”). The arbitrator's decision and award are final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction.

Jury Trial Waiver. YOU AND ROOMMATCH EACH VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY IN RESOLVING ANY DISPUTE BETWEEN US ARISING OUT OF THESE TERMS OR THE SERVICES.
Class Action Waiver. YOU AND ROOMMATCH EACH AGREE THAT CLAIMS AGAINST THE OTHER MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. All arbitrations under these Terms must be conducted on an individual (and not a class-wide) basis, and an arbitrator will have no authority to award class-wide relief. You acknowledge and agree that these Terms specifically prohibit you from commencing any legal proceedings as a representative of others, participating in a class, representative, or collective action as a class representative, class member or an opt-in party, acting as a private attorney general, or joining or consolidating Claims with claims or proceedings brought by any other person ("Class Action Waiver").
Arbitration Procedures. A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought ("Notice"). All Notices to Roommatch must be sent to the following address: Roommatch, Inc., P.M.B. 600, 11271 Ventura Blvd, Studio City, CA 91604. All notices to you will be sent to the email or street address provided in your Member Account, if available. Upon receipt of such Notice, the receiving party will have a 60-day period in which it may satisfy the Claim against it by fully curing the Claim, providing all the relief requested in the Notice, or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such 60-day cure period, you or Roommatch may commence an arbitration proceeding. Unless otherwise agreed to by you and Roommatch in writing, the arbitration will be governed and conducted by JAMS before a single arbitrator with substantial experience in the internet industry and shall follow substantive law in adjudicating the Dispute. This Section shall be construed as a written agreement to arbitrate pursuant to the Federal Arbitration Act (“FAA”). You and Roommatch agree that this Section satisfies the writing requirement of the FAA. The arbitration of any claim will be conducted in the State of Florida, and for any non-frivolous claim that does not exceed $5,000.00, you shall have the choice as to whether the hearing is conducted in person or by telephone. Each party will pay the fees and costs of its own counsel, experts and witnesses. The JAMS rules are available on its website at www.jamsadr.com. To the extent that this dispute resolution Section conflicts with JAMS minimum standards for procedural fairness, the JAMS rules and/or minimum standards for arbitration procedures in that regard shall control. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or for the arbitrator’s award; and any such suit may be brought only in Federal District Court or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any Dispute relating to the interpretation, applicability, unconscionability, arbitrability, or enforceability of these Terms including any claim that all or any part of these Terms are void or voidable. However, the preceding sentence shall not apply to the clause entitled “Class Action Waiver”.

Exception to Arbitration. Any dispute, or action pertaining to Roommatch’s intellectual property rights and statutory claims that pursuant to law are not arbitrable.

Survival. This arbitration provision shall survive termination of these Terms.

Severability. If any provision of this Section is declared or found by a court of competent jurisdiction or arbitrator to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions will remain fully enforceable, except that if the Class Action Waiver for any Claim cannot be enforced, then the provision to arbitrate will not apply.

17. DISPUTE RESOLUTION FOR NON-U.S. RESIDENTS
If you are a Member whose country of residence or establishment is outside the U.S., these Terms will be governed by and interpreted in accordance with English law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. This choice of law does not impact your rights as a consumer according to the consumer protection laws of your country of residence. If you are a consumer, you may be able to bring judicial proceedings against us arising from or in connection with these Terms in a court within a jurisdiction according to the laws of your country of residence or the English courts. if you are acting as a business, you agree to submit to the exclusive jurisdiction of the English courts.

If you have any comments, queries or complaints about these Terms or our Services, please contact us at info@roommatch.com.

18. MISCELLANEOUS
These Terms, and policies incorporated herein, are the entire agreement between you and Roommatch. They supersede any and all prior or contemporaneous agreements between you and Roommatch relating to your use of the Sites or Services. If these Terms expire or are terminated for any reason, the provisions which by their nature should continue after termination including Proprietary Rights, Disclaimer of Warranties, Limitation of Liability, Legal Liability for Use of The Services, Arbitration/Dispute Resolution For United States Residents, Dispute Resolution Non-U.S. Residents and Miscellaneous shall survive any such expiration or termination. If any provision of these Terms is declared or found by a court of competent jurisdiction or arbitrator to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions will remain fully enforceable, except that if the Class Action Waiver for any Claim cannot be enforced, then the provision to arbitrate will not apply. You may not assign your rights under your Roommatch Account or this agreement to any third party without Roommatch’s prior written permission. Roommatch may assign these Terms, in whole or in part, at any time. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement. The failure of Roommatch to partially or fully exercise any rights or the waiver of Roommatch to enforce any breach of these Terms by you, shall not prevent a subsequent exercise of such right by Roommatch or be deemed a waiver by Roommatch of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Roommatch under these Terms and any other applicable agreement between you and Roommatch shall be cumulative, and the exercise of any such right or remedy shall not limit Roommatch’ right to exercise any other right or remedy. In the event of any conflict or inconsistency between the terms and conditions of these Terms any other terms and/or conditions applicable to the Services, we shall determine which rules, restrictions, limitations, terms and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination.

19. CONTACT US.
Please email us at info@roommatch.com or contact customer service by writing to us at: Roommatch, Inc., P.M.B. 600, 11271 Ventura Blvd, Studio City, CA 91604 if you have any questions about these Terms.
When contacting us, please include your full name, address, phone number, and email address, and indicate the specific nature of your request or inquiry.