Room & Board, Inc. Web Site Terms of Use

Room & Board, Inc. is pleased to make this site located at 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 we 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 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 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, 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.

You agree that you are solely responsible for any content that you upload, post, use, or otherwise make available on this Web site ("User Content"). Although Room & Board has no obligation to screen, edit or monitor any of the User Content or user conduct on this Web site, Room & Board reserves the right, and has absolute discretion, to remove, screen or edit any User Content and to monitor any user conduct on this Web site 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 Web site, you represent and warrant that (a) the User Content is non-confidential; (b) you have all necessary rights to post the User Content to the Web site 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 and posting thereof in connection with this Web site, does not and will not violate these Terms of Use or any applicable local, state, national or international statute, regulation, or law.

Product Reviews

Our Web site may provide you and other users of our Web site with the opportunity to tell Room & Board and other users of our Web site what you think about our products or services ("Product Reviews"). Product Reviews may be facilitated or provided, in whole or in part, by a third party service provider. In that case, you will need to review the terms of service for that third party's website, including its privacy policy, to determine whether they are acceptable to you. If they are not, do not use its site or provide 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.

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 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 is held to be invalid, such holding shall not invalidate the other provisions of these Terms of Use.

Submissions to Room & Board

Any and all materials you send or submit to us or a third party provider on this Web site, 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, sell, 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, and publicly display and 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.

Contact

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

© Room & Board, Inc. 2007 - 2011 - All Rights Reserved

Last updated: November 30, 2010