Website Terms of Use

Last Updated: March 30, 2021

Please read these Terms of Use (the “Terms and our Privacy Policy (www.commonroom.io/privacy-policy)(“Privacy Policy”) carefully because they govern your use of the website located at www.commonroom.io (the “Site”) offered by Common Room, Inc. (“Common Room”).

  1. Agreement to Terms. By using our Site, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Site.

  2. Privacy Policy. Please review our Privacy Policy, which also governs your use of the Site, for information on how we collect, use and share your information.

  3. Changes to these Terms. We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site.

  4. Our Intellectual Property. We may make available through the Site content that is subject to intellectual property rights. We retain all rights to all such content. We grant you permission to display, copy, distribute and download the content on this Site for personal, noncommercial use only, provided you do not modify the content and materials and that you retain all copyright and other proprietary notices contained in the content and materials. You may not, however, distribute, copy, reproduce, display, republish, download or transmit any content or material on the Site for public or commercial use without our prior written approval. We reserve all rights not expressly granted under these Terms.

  5. Prohibitions. You may not:

  1. Use, display, mirror or frame the Site or any content on the Site, Common Room’s name, any Common Room trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Common Room’s express written consent;

  2. Access, tamper with, or use non-public areas of the Site;

  3. Attempt to probe, scan or test the vulnerability of any Common Room system or network or breach any security or authentication measures implemented by Common Room or Common Room’s providers to protect the Site;

  4. Attempt to access or search the Site or download content from the Site using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than generally available third-party web browsers;

  5. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site; or

  6. Encourage or enable any other individual to do any of the foregoing.

  1. Links to Third Party Websites or Resources. The Site may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.

  2. Disclaimers. THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Site.

  3. Indemnity. You will indemnify and hold Common Room and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Site, or (b) your violation of these Terms.

  4. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER COMMON ROOM NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMMON ROOM OR ITS SERVICE PROVIDERS HAVE 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. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMMON ROOM’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE EXCEED ONE HUNDRED DOLLARS ($100).

  5. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the laws of the State of Washington, without regard to its conflict of laws provisions. The parties expressly consent to personal and exclusive jurisdiction in the state and federal courts located in State of Washington, and you and Common Room each waive any objection to jurisdiction and venue in such courts.

  6. General Terms.

  1. Entire Agreement. Unless Common Room and you have entered into a separate written agreement, these Terms constitute the entire and exclusive understanding and agreement between Common Room and you regarding the Site. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

  2. Waiver of Rights. Common Room’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Common Room. The exercise by Common Room of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

  1. Contact Information. If you have any questions about these Terms, please contact Common Room at help@commonroom.io.