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 the Terms of Use set forth below. 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 the 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 usl 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, prepare derivative works based on, adapt, re post, 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.

Disclaimer
We expressly disclaim any and all representations and warranties concerning this Web site and the accuracy of the information and content on this Web site; including without limitation, depictions of colors or textures, and pricing and availability of products or services in our stores. Nothing in these Terms of Use or in any description of products or services shall constitute a representation or warranty with respect to such products or services. We expressly disclaim any representations and warranties that this Web site will operate in an error free or uninterrupted manner. Your use and browsing of this Web site is done at your own risk, and you hereby assume all risks associated with such activities. We expressly disclaim any representations and warranties that this Web site or the server that makes it available are free of viruses or other harmful elements.

THIS WEB SITE IS PROVIDED TO YOU "AS IS, WITH ALL DEFECTS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Prohibited Activities and Visitor Obligations

1. violate any applicable local, state, national or international statute, regulation, or law;
2. 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;
3. impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
4. engage in any activities or manipulate identifying material to misrepresent the origin of content;
5. upload, post, use, or otherwise make available any content that is subject to any disclosure restrictions;
6. 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;
7. 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;
8. 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;
9. 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;
10. share your password with anyone else;
11. collect or store personal data about other users; or
12. 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.

Limitation of Liability
We shall not be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, this Web site, or arising out of any other matter, act, or thing associated with this Web site or our conduct of our business. Under no circumstances whatsoever shall our aggregate liability resulting from your use of this Web site exceed Five Dollars ($5.00).

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 dsendle@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.

Room & Board, Inc. DMCA/Copyright Policy
Room & Board, Inc. respects the intellectual property rights of others. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of others.

Notice for Claims of Intellectual Property Violations and Agent for Notice
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail
Dan Sendle
c/o Room & Board, Inc.
4600 Olson Memorial Highway
Minneapolis, Minnesota 55422

By phone
(763) 287-7135

By fax
(763) 520-0811

By email
copyrightagent@roomandboard.com

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with a notice containing the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on our Web site, with enough detail that we may find it on the Web site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

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

Last updated: July 25, 2007