Room & Board, Inc. is pleased to make this site located at www.roomandboard.com (the "Web site") available for your use and benefit. By using, browsing and/or accessing this Web site, you warrant that you are of the age of majority and agree to these Terms of Use. Use of this Web site is strictly voluntary. Please take a moment to review our Terms of Use. Your use of this Web site constitutes your agreement to follow these rules and to be bound by them. If you do not agree with our Terms of Use and Privacy Policy, do not use the roomandboard.com Web site.

Collection of Visitor Information on this Site
Any information collected at this Web site is governed by the Privacy Policy, unless otherwise stated. To access and use certain services available through the Web site, you may be required to register with us through a login/registration page and you must agree to be bound by any additional applicable terms and conditions.

Links to Other Web Sites
This Web site may contain links to other Web sites. Additionally, other Web sites may contain links to this Web site. We do not review or monitor the Web sites linked to this Web site and we are not responsible for the contents of any other Web sites. Any link established by us does not in any respect whatsoever constitute an endorsement of the other Web sites or create a relationship between us and the operators of other Web sites. We disclaim any liability with respect to your use of any other Web site, and you release us from any liability related to your use of any link to another Web site or your use of any other Web site. Where this Web site contains a link to another Web site owned and/or operated by us, such Web site use may be subject to different and additional Terms of Use and Privacy Policy terms and conditions.

Limitations on Use of Content
All content, data and material contained on this Web site are protected by one or more copyrights, trademarks, patents, trade secrets and/or other proprietary rights owned or licensed by us and which are protected under the laws of the State of Minnesota, the United States, foreign jurisdictions, and/or international treaties.

No portion or element of this Web site or any of its content may be copied or retransmitted via any means. This Web site, its content and all related rights shall remain our exclusive property or the property of the licensors of such content unless otherwise expressly agreed in writing. Without our prior written authorization, you may not reproduce, distribute, modify, display, perform, prepare derivative works based on, adapt, repost, or otherwise use the content of this Web site. Use of this Web site does not in any respect whatsoever constitute a grant of any license or other right to use or exploit any of these proprietary rights.

Charges and Fees
You authorize Room & Board and any payment processing service provider it may engage to charge your credit card for any products, or services you purchase through your use of this Web site. You represent and warrant that you are the only one who will use your credit card in connection with this Web site, and you shall be responsible for any and all uses of your credit card. To dispute or cancel any erroneous charge, you must contact us at shop@roomandboard.com.

Disclaimer of Warranties and Limitation of Liability
The Room & Board products you purchase through this Web site are subject to Room & Board's "Satisfaction Guarantee" warranty as follows: If you are not satisfied with your purchase or any part of your experience with Room & Board, you should contact Room & Board at shop@roomandboard.com and Room & Board will work with you to make it right.

EXCEPT AS NOTED ABOVE WITH RESPECT TO ROOM & BOARD'S WARRANTY, THIS WEB SITE AND ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED ON AN "AS IS, WITH ALL DEFECTS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NOTHING IN THESE TERMS OR IN ANY DESCRIPTION OF PRODUCTS OR SERVICES SHALL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS OR SERVICES. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT SUCH USE IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATION OR WARRANTY THAT THIS WEB SITE OR ANY CONTENT ARE FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. FURTHER, WE MAKE NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THIS SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, AVAILABILITY, TEXT OR PHOTOGRAPHY. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE PRODUCTS OR SERVICES ADVERTISED OR OFFERED ON THIS WEB SITE WILL BE AVAILABLE AT ALL TIMES, OR THAT THEY WILL BE AVAILABLE ON THE BASIS OF ANY INDICATED TERMS OR CONDITIONS.

IN NO EVENT SHALL EITHER ROOM & BOARD'S OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Under no circumstances whatsoever shall ROOM & BOARD'S's aggregate liability resulting from your use of this Web site exceed Five Dollars ($5.00).

Prohibited Activities and Visitor Obligations
As a visitor to this Web site you shall not:

• violate any applicable local, state, national or international statute, regulation, or law;
• upload, post, use, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or content that could otherwise be considered to be objectionable;
• impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
• engage in any activities or manipulate identifying material to misrepresent the origin of content;
• upload, post, use, or otherwise make available any content that is subject to any disclosure restrictions;
• upload, post, use, or otherwise make available any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other proprietary rights;
• upload, post, use or otherwise make available any unsolicited or unauthorized advertising or promotional materials, including without limitation, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
• upload, post, use or otherwise make available any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
• interfere with or otherwise limit the use of this Web site by other users; or collect, compile, or store personal information about other users of this Web site;
• share your password with anyone else;
• disrupt or interfere with the security of, or otherwise cause harm to, this Web site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through this Web site or any affiliated or linked sites; or
• use this Web site for commercial purposes.

Indemnification
You agree to indemnify, defend, and hold us and our successors and assigns harmless from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys' fees that it shall incur or suffer which relate to your use of this Web site, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.

Your Account
If you use this Web site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Changes to Terms of Use
These Terms of Use may be changed without notice. Any use of this Web site following the date on which changes to these Terms of Use or the Privacy Policy are published on this Web site shall constitute your acceptance of all such changes. You expressly agree that we shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms of Use or the Privacy Policy.

Continued Operation, Accessibility, and Maintenance of this Web site
We may modify, change, suspend, terminate or discontinue the operation of this Web site or the provision of any services without notice and we reserve the right to refuse service to anyone at any time, with or without cause.

General Provisions
We make no representation or warranty that the products or services advertised or offered on this Web site will be available at all times, or that they will be available on the basis of any indicated terms or conditions. Any failure by us to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce same. These Terms of Use shall be governed by the laws of the State of Minnesota. For the purpose of resolving conflicts relating to or arising out of these Terms of Use, or arising out of any other dispute or claim associated with us, venue shall be in the State of Minnesota only and, in addition, you hereby consent to the exclusive jurisdiction of the federal and state courts in the State of Minnesota. If any portion of these Terms of Use are held to be invalid, such holding shall not invalidate the other provisions of these Terms of Use.

Contact
For questions or comments related to this Web site or these Terms of Use, e-mail us at shop@roomandboard.com.

Any and all comments, suggestions, and materials you send us shall become our exclusive property; and you hereby transfer, sell, and assign to us all of your right, title, and interest in and to any such comments, suggestions, and materials, including without limitation, any and all copyrights, trademarks, patents, trade secrets and/or other proprietary rights. We have no obligation of any kind whatsoever to maintain any confidentiality with respect to any such submissions. Room & Board shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.

© Room & Board, Inc. 2007 - 2009 - All Rights Reserved

Version 12-08