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Room & Board, Inc. Web Site Terms of Use

Room & Board, Inc. is pleased to make this site located at roomandboard.com (the “website”) available for your use and benefit. By using, browsing and/or accessing this website, you warrant that you are of the age of majority and agree to these Terms of Use. Use of this website is strictly voluntary. Please take a moment to review our Terms of Use. Your use of this website 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 website.

Collection of Visitor Information on this Site

Any information collected at this website is governed by the Privacy Policy unless otherwise stated. To access and use certain services available through the website, 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.

Sweepstakes

We may offer sweepstakes on our website. The specific rules for each sweepstakes will be made available online, the link for which shall be provided in advertisements for the sweepstakes and/or the sweepstakes entry form. Room & Board is not responsible for any problem with a sweepstakes entry generated by computer hardware or software malfunction, error or failure, for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, data input errors, typographical errors on its website or in the sweepstakes rules, or any other error of any kind whether human, mechanical or electronic, including without limitation, the incorrect or inaccurate capture of entry information regardless of the cause. In the event of a conflict between these Terms of Use and the rules for sweepstakes, the rules for the sweepstakes govern.

Links to Other Websites

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

Limitations on Use of Content

All rights reserved. Room & Board owns the website and all content on the website is owned by Room & Board or its respective owners. All content, data and material contained on this website 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.

You are hereby granted a non-transferable, non-sublicenseable, limited, revocable, right and license to access and make use of our websites for your own exclusive benefit and solely for the purposes intended by our websites (“License”). No portion or element of this website or any of its content may be copied or retransmitted via any means without our permission. You may not remove, alter, or obscure any copyright, legal, or proprietary notices in or on any portion of our website. This website, 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 website. Use of this website 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 of Warranties and Limitation of Liability

The Room & Board products you purchase through this website 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. Purchases you make through this website are also subject to our Returns and Exchanges policy.

EXCEPT AS NOTED ABOVE WITH RESPECT TO Room & Board’s WARRANTY, THIS WEBSITE AND ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE THROUGH THIS WEBSITE 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. WE MAKE NO REPRESENTATION OR WARRANTY THAT THIS WEBSITE OR ANY CONTENT IS 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. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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 WEBSITE WILL BE AVAILABLE AT ALL TIMES, OR THAT THEY WILL BE AVAILABLE ON THE BASIS OF ANY INDICATED TERMS OR CONDITIONS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Room & Board OR ITS AFFILIATES OR AGENTS SHALL BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES CAUSED BY YOUR USE OF THIS WEBSITE OR FOR PRODUCTS YOU PURCHASE THAT ARE NOT AS WARRANTED. THE LIMITATIONS OR EXCLUSIONS OF LIABILITY STATED HEREIN APPLY IN THE STATE OF NEW JERSEY, USA, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. HOWEVER, CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN WHICH CASE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Online Orders and Confirmation

By placing an order through this website, you make an offer to purchase the products you selected. The order you place will not constitute a binding contract between you and Room & Board unless and until Room & Board provides an on-screen confirmation of your order. A copy of the confirmation will also be sent to you to the email address provided during check-out.

Delivery and Returns and Exchanges

Terms of sale regarding delivery and returns and exchanges are provided to you at the point of purchase. You should read those terms before placing your order. In addition, our Returns and Exchanges policy applies to purchases you make. If the merchandise ordered by you is not delivered by the promised delivery date, Room & Board must offer you the choice of (1) canceling your order, or (2) accepting delivery at a specific later date.

Prohibited Activities and Visitor Obligations

As a visitor to this website you shall not:

  • violate any applicable local, state, national or international statute, regulation, or law;
  • upload, post, use, transmit or otherwise make available any content that is false, misleading, 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, transmit or otherwise make available any content that is subject to any disclosure restrictions;
  • upload, post, use, transmit or otherwise make available any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, privacy or publicity rights, or any other proprietary rights;
  • upload, post, use, transmit 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, transmit 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;
  • use any data mining technique, or robots or similar data gathering and extraction tools;
  • create a hyperlink to the website, or any page of the website, without the Room & Board’s express written consent, nor imply affiliation with or endorsement or sponsorship by Room & Board, or cause confusion, mistake or deception in connection therewith;
  • interfere with or otherwise limit the use of this website by other users; or collect, compile or store personal information about other users of this website;
  • share your password with anyone else;
  • disrupt or interfere with the security of, or otherwise cause harm to, this website or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through this website or any affiliated or linked sites; or
  • use this website for commercial purposes.

User Content

You agree that you are solely responsible for any content (e.g., text, images, photographs, videos) and information that you upload, post, use, transmit or otherwise make available on or through this website (“User Content”).

In addition, we may obtain data such as name, image, voice, signature, statements and quotes, stories or anecdotes, personal or commercial attributes or identifying features, interior or exterior photographs, videos, or other depictions of premises, home or office, images of family, friends, or pets, stories, commercial attributes or identifying features (collectively “Media”), in connection with agreements with certain individuals, including our photo release form, likeness form, and location form, and we may use such Media on our website, with our other online activities, and/or in our marketing.

Although Room & Board has no obligation to screen, edit or monitor any of the User Content, user conduct, or Media on this website, Room & Board reserves the right, and has absolute discretion, to remove, screen or edit any User Content and Media and to monitor any user conduct on this website at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.

By posting User Content to this website or transmitting User Content through this website (e.g., via the chat feature), you represent and warrant that (a) the User Content is non-confidential; (b) you have all necessary rights (including permission from all person(s) appearing in your User Content) to post or transmit the User Content to the website and to grant the rights to Room & Board that you grant in these Terms of Use; (c) the User Content is accurate and not misleading or harmful in any manner; (d) the User Content, and your use, transmission and/or posting thereof in connection with this website, does not and will not violate these Terms of Use or any applicable local, state, national or international statute, regulation, or law.

By posting User Content to this website or transmitting User Content through this website you hereby irrevocably consent to the unlimited reproduction, distribution, display, performance, and other use by Room & Board of your name; image; likeness; voice; username; caption; location information or other identifying information; biographical information; statements, quotes and stories; and any interior or exterior photographs or other depictions of your rooms, residence, home or office, which may or may not contain images of your family, friends, or pets (each, a “Likeness”), for any purpose, and in any format or medium now known or hereafter devised. Room & Board may, in its sole discretion, and without providing notice to or receiving consent from you, modify, change, adapt, or otherwise alter a Likeness. The rights granted under this paragraph are without compensation or notification to you of any kind, except as required by law. All User Content and Media becomes the property of Room & Board and Room & Board may use the User Content and Media for any purpose. See the Submissions section below for more information.

Monitoring

We may, but are not obligated to, monitor any and all data transmitted or received through the website. At our sole discretion and without further notice to you, we and/or our agents may (but are not obligated to) review, censor or prohibit the transmission or receipt of any information which we deem inappropriate or that violates any term or condition of the Terms of Use. During monitoring, data may be examined, recorded, copied and used by us or our agents. By using of the website, you consent to such monitoring.

Product Reviews

Our website may provide you and other users of our website with the opportunity to tell Room & Board and other users of our website what you think about our products or services (“Product Reviews”). If you create and post a Product Review, you agree to state your opinions lawfully, honestly and in good faith and to reveal to others any conflict of interest or relationship that might influence your views (e.g., if someone is paying or giving you something for free to encourage you to comment, you agree to make appropriate disclosures). All Product Reviews are strictly the opinion of the user posting such reviews, and Room & Board does not endorse or approve any such reviews or have any responsibility or liability for the accuracy, appropriateness or content of such reviews. Product Reviews shall not in any respect whatsoever modify any warranties, disclaimers, limitations or obligations of Room & Board. You agree that you are solely responsible for your use of Product Reviews, and that you use the Product Reviews at your own risk.

Web Chat

We may provide functionality on our website that allows you to chat with Room & Board representatives via our website (“Web Chat”). Your Web Chat with Room & Board shall not in any respect whatsoever modify any warranties, disclaimers, limitations or obligations of Room & Board. The user bears full responsibility for all contents, phrases and entries submitted by the user in connection with the use of Web Chat.

Submissions to Room & Board

Any and all materials you send or submit to us or a third party provider on this website, including, without limitation, comments, suggestions, Product Reviews, User Content, photos, or contest or sweepstakes entries (collectively, “Submissions”), shall become our property; and you hereby transfer and assign to us all of your right, title and interest in and to any such Submissions, including without limitation, any and all related copyrights, moral rights, trademarks, patents, trade secrets and/or other proprietary rights. To the extent the preceding assignment and transfer is ineffective, you hereby grant Room & Board an exclusive, irrevocable, fully-paid and royalty-free, perpetual, and fully sublicensable and transferable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, publicly display and publicly perform such Submission throughout the universe in any media, now known or hereafter devised. 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.

Media we obtain via agreements with certain individuals, including our photo release form, likeness form and location form, is Room & Board’s property and/or Room & Board has been assigned, granted or licensed use of such Media. Room & Board has the right to use, re-use, re-print, reproduce, edit, alter, enhance, copy, exhibit, publish or distribute in all forms of media and for any lawful purpose for an unlimited amount of uses over an unlimited time period. Room & Board shall be free to use Media for any purpose whatsoever without providing notice or receiving consent, and without restriction or compensation.

Third Party Providers of Functionality on the Website

We may have functionality on our website that is provided, in whole or in part, by a third party service provider, including but not limited to Product Reviews and Web Chat. You can usually identify such third party functionality by the use of a trademark not owned by Room & Board on or near the functionality. For such third party functionality, you will need to review the terms of use and privacy policy for that third party, which in some cases may require you to visit that party’s web site and locate the terms of use and privacy policy. Your review should include determining whether such terms and policy are acceptable to you. If they are not, do not use the associated functionality on our website.

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 we shall incur or suffer which relate to the website, 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 website, 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. You agree that the information provided by you, including any personal information, during the registration process may be used by us for notice purposes, including by way of illustration only, we may email you at the email address provided by you to give you notice.

We may use a third party to manage or process purchases made by you on our website. You agree and acknowledge that services rendered by such a third party to us are provided on an independent contractor basis and that nothing herein shall be construed as creating a joint venture, partnership or for sale agency by and between the third party and us.

Changes to Terms of Use

These Terms of Use may be changed from time to time at our sole discretion. Please review the “Last Updated” date at the end of these Terms of Use which provides the date these Terms of Use were last changed. Any use of this website following the date on which changes to these Terms of Use or the Privacy Policy are published on this website 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, other than publishing the “Last Updated” date, and to the fullest extent permitted by applicable law, you hereby expressly waive any right you may have to receive any other notice of any changes to these Terms of Use.

Continued Operation, Accessibility and Maintenance of this Website

We may interrupt, modify, change, suspend, terminate or discontinue the operation of this website or the provision of any services without notice and to the fullest extent permitted by applicable law, we reserve the right to refuse service to anyone at any time. We shall have no responsibility to provide you access to the website, while interruption of the website due to any such cause shall continue. You agree that we and our agents shall not be liable to you for any loss or liability resulting directly or indirectly from delays, interruptions or inability to provide you access to the website.

General Provisions

We make no representation or warranty that the products or services advertised or offered on this website will be available at all times, or that they will be available on the basis of any indicated terms or conditions. We attempt to be as accurate as possible. We cannot and do not warrant that the information available on the website is accurate, complete, reliable, current or error-free. We reserve the right to make changes in or to the information, or any part thereof, according to our sole judgment, without the requirement of giving any notice prior to or after making such changes to the information. 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 the 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 is held to be invalid, such holding shall not invalidate the other provisions of these Terms of Use. In the event of a conflict between the Terms of Use and our other policies like our Privacy Policy or Returns and Exchanges policy, the Terms of Use shall govern, unless otherwise stated herein. If we takes action, including, but not limited to, a proceeding, litigation, administrative action, mediation or arbitration, to enforce any of the provisions of this Terms of Use, including collection of any amounts due hereunder, and we prevail, we shall be entitled to recover from you (and you agree to pay), in addition to all sums to which we are entitled or any other relief, at law or in equity, attorneys’ fees incurred and any costs, including non-statutory costs, of any action.

Contact

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

Accessibility Statement

Room & Board is committed to providing a website that is accessible to the widest possible audience, regardless of technology or ability. For more information, see the Room & Board Accessibility Statement. If you experience any difficulty in accessing any part of this website, please contact us at: 800.301.9720 or by email: shop@roomandboard.com.

Last updated: February 20, 2018