Terms and Conditions
Last revised on April 11, 2014
Welcome to Roommates4Boomers. By accessing and using the services available on Roommates4Boomers.com, or
on any web property affiliated with Roommates4Boomers.com, LLC (the “Company), whether accessed via
computer or mobile device, or by using a standalone application that connects to such web property
(a “Website” or collectively “Websites”), you agree to be bound by the terms outlined in this agreement
(“Agreement”). This Agreement governs the use of any services offered by any Website controlled by
Roommates4Boomers.com, LLC (a “Service” or collectively “Services”), as well as access to any Website;
please read it carefully.
accept and agree to be bound by all of the terms of this Agreement, including the Roommates4Boomers
This Agreement establishes the legally binding terms you must accept to access and use the Website,
and to become a Member. For purposes of this Agreement, the term “Member” means a person who
provides information to the Company to participate in the Service in any manner, whether such person
uses the Service as a free member or a subscriber. You acknowledge and agree that: Members of
Roommates4Boomers.com and any other Website operated by the Company with a similarly targeted
audience are part of the same online community; profiles on this Website are viewable on all other
such Websites; and that paying subscribers of one Website will be able to communicate with other
paying subscribers on all Websites. This Agreement includes, and incorporates by reference herein,
posted on the Website that specifically reference this Agreement, such as terms governing billing,
free trials, discounts and other promotions. By accessing the Website or using the Service, you
accept this Agreement and agree to the terms, conditions and notices contained or referenced herein
and consent to have this Agreement provided to you in electronic form. You are encouraged to print a
copy of this Agreement for your records. To receive a non-electronic copy of this Agreement, please
send a letter and self-addressed stamped envelope with sufficient postage to: Roommates4Boomers.com,
LLC, 107 SE Washington St., Suite 470, Portland, Oregon 97214. This Agreement may be modified by the
Company from time to time, such modifications to be effective upon posting by the Company on the
Website. In the event of a conflict between a previous version of this Agreement and the current
version (as posted on this and any other Website), the most recent version of this Agreement shall
Any use of the Service is void where prohibited. By accessing and using the Website, you represent
and warrant that you have the right, authority and capacity to enter into this Agreement and to
abide by all of the terms and conditions of this Agreement. If you become a Member, you represent
and warrant that you have never been convicted of a felony and that you are not required to register
as a sex offender with any government entity. Using the Service may be prohibited or restricted in
certain countries. If you use the Service from outside of the United States, you are responsible for
complying with the laws and regulations of the territory from which you access or use the Website or
Currently, there are no subscription fees.
A Member profile (both subscribers and non-subscribers) may remain posted on the Website
even if that Member is not actively using the Service. You acknowledge and agree that although a
Member’s profile may be viewed, you may not (even as a subscriber) be able to use the Service to
communicate with that Member if he or she is not then actively using the Service.
Term and Termination.
- This Agreement will remain in full force and effect while you use the Service and/or are a Member.
You may cancel your subscription online by clicking on "My Account" page, or on your member
name at the top of any page, and then clicking on “Cancel Membership” and following the
directions on that page. You may also cancel your membership by sending the Company written notice
of cancellation to Roommates4Boomers, 107 SE Washington Street, Suite 470, Portland, Oregon 97214 or
email notice of cancellation to Service@Roommates4Boomers.com. If you cancel your membership via the Website, we may
ask you to provide a reason for your cancellation. If you cancel your membership and you are a
subscriber, your subscription will also be cancelled in accordance with the terms set forth herein.
If you cancel your subscription, the Company requires a reasonable amount of time to process the
action. Upon cancellation, your service will be terminated.
No refund of any
portion of the subscription fees paid for the then-current subscription commitment will be provided.
The Company may terminate or suspend your subscription and/or membership in the Service at any
time without notice if you breach, or if the Company believes that you have breached, this Agreement. Upon
such termination or suspension, you will not be entitled to any refund of unused subscription fees and, if
applicable, all unpaid subscription amounts and other fees you owe will immediately be due. The Company is
not required to disclose, and may be prohibited from disclosing, the reason for the termination or
suspension of your account.
After your membership or subscription is terminated for any reason,
all terms of this Agreement survive such termination, and continue in full force and effect, except for any
terms that by their nature expire or are fully satisfied.
Non-commercial Use by Members.
The Website and Service is for personal use only. Members may not use the Service in connection with any
commercial endeavors, including without limitation: (i) advertising or soliciting any user to buy or sell any products or
services not offered by the Company; and (ii) soliciting others to attend parties or other social functions,
or networking, for commercial purposes. Users of the Website may not use any information obtained from the
Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit
consent. Organizations, companies, and/or businesses may not use the Service or the Website for any
purpose. The Company may investigate and take any available legal action in response to illegal and/or
unauthorized uses of the Website, including collecting usernames and/or email addresses of members by
electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or
linking to the Website.
You are responsible for maintaining the confidentiality of the username and
password you designate during the registration process, and you are solely responsible for all activities
that occur under your username and password. You agree to immediately notify the Company of any disclosure
or unauthorized use of your username or password or any other breach of security, and ensure that you exit
from your account at the end of each session.
Your Interactions with Other Members.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. THE COMPANY CURRENTLY DOES
NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS MEMBERS. THE COMPANY DOES NOT MAKE ANY
ATTEMPT TO VERIFY THE STATEMENTS MADE BY MEMBERS IN THEIR PROFILES OR COMMUNICATIONS WITH OTHER
MEMBERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR
COMPATIBILITY AS ROOMMATES. ALTHOUGH THE COMPANY RESERVES THE RIGHT TO CONDUCT CRIMINAL BACKGROUND
CHECKS OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME AND AT THE COMPANY’S
SOLE DISCRETION, THERE IS NO GUARANTEE THAT A SPECIFIC MEMBER HAS BEEN THE SUBJECT OF SUCH
BACKGROUND CHECK OR SCREENING. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. YOU ARE STRONGLY
ENCOURAGED TO CONDUCT YOUR OWN DUE DILIGENCE REGARDING YOUR INTERACTIONS WITH OTHER MEMBERS.
The Company is not responsible for the online or offline conduct of any Member. As noted in and
without limiting Sections 16 and 18 below, in no event shall the Company be liable (directly or
indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special,
compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or
anyone else in connection with the use of the Website or Service including, without limitation,
death, bodily injury, emotional distress, and/or any other damages resulting from communications or
meetings with other Members or persons you meet through the Service.
You are solely responsible for
the outcomes of your actions in connection with this Website, including without limitation any
decision to: communicate with Members using either the Website or Services, or any means other than
the Website or Services; arrange or agree to meet another Member or group of Members in person; send
money to another Member; or communicate, or cause to be communicated, personal information about
yourself to another Member or group of Members. You understand that the Company makes no guarantees,
either express or implied, regarding your ultimate compatibility with individuals you meet through
the Service. You should not provide your financial information (for example, your credit card or
bank account information), or wire or otherwise send money, to other Members.
Members have a variety of mechanisms available to report misconduct or concerns about the
activities of other Members. Upon receipt of community feedback regarding particular Members, the
Company may take actions to verify and investigate the feedback and the Member or Members involved.
Any response to such feedback is at the sole discretion of the Company. Disciplinary action against
Members is not discussed with third parties, including Members who may have provided feedback about
the situation from which the action arose.
The Company owns and retains all proprietary rights in the Website and the Service, and in all content,
trademarks, trade names, service marks and other intellectual property rights related thereto. The Website
contains the copyrighted material, trademarks, and other proprietary information of the Company and its
licensors. You agree to not copy, modify, transmit, disclose, use, create any derivative works from, make
commercial use of, or reproduce in any way any copyrighted material, trademarks, trade names, service
marks, other intellectual property or proprietary information accessible on the Website or through the
Service, without first obtaining the prior written consent of the Company or, if such property is not owned
by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove,
obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark
and other intellectual property notices.
You are solely responsible for the content and
information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter,
“post”) on the Service or transmit to other Members, including emails, videos (including streaming videos), photographs, voice
notes, recordings or profile text, whether publicly posted or privately transmitted (collectively, “Content”). You may not post
on the Website or as part of the Service, or transmit to the Company or any other Member (either on or off the Website), any
offensive, inaccurate, abusive, obscene, profane, sexually oriented, threatening, intimidating, harassing, racially offensive,
or illegal material, or any material that infringes or violates another person's rights (including intellectual property
rights, and rights of privacy and publicity). You represent and warrant that all information that you submit upon registration
is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes
inaccurate, misleading or false.
You understand and agree that the Company may, but is not obligated to, monitor or review any Content you post on the
Website or as part of a Service. The Company may delete any Content, in whole or in part, that in the sole judgment of the
Company violates this Agreement or may harm the reputation of the Website or the Company. The Company may restrict the number
of emails which a Member may send to other Members in any 24-hour period to a number which it deems appropriate in itssole
By posting Content on the Website or as part of the Service, you automatically grant, and you represent and warrant that
you have the right to grant, to the Company, its affiliates, licensees and successors, an irrevocable, perpetual,
non-exclusive, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play,
adapt, modify and distribute such Content, (ii) prepare derivative works of, or incorporate into other works, such Content, and
(iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant
that any posting and use of your Content by the Company will not infringe or violate the rights of any third party.
In addition to the types of Content described in Section 9(a) above, the following list provides examples of the
kind of Content that is prohibited on the Website. This list is not intended to be an exhaustive or exclusive list of
Content that would be in violation of this Agreement, and is presented for illustrative purposes only. You may not post,
upload, display or otherwise make available Content that:
The Company reserves the right, in its sole discretion, to
investigate and take appropriate legal action against anyone who violates this provision, including removing the offending
communication from the Website or Service and terminating or suspending the membership of such violators.
- that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- advocatesharassment or intimidation of another person;
requests money from, or is intended to otherwise defraud, other users
of the Website or Service;
involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or
“spamming” (or “spimming”, “phishing”, “trolling” or similar activities);
promotes information that is false ormisleading, or promotes illegal activities or conduct that is defamatory,
libelous or otherwise objectionable;
promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs
or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images,
audio or video, or links to pirated images, audio or video files;
contains video, audio photographs, or images of
another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information
from anyone under the age of 18;
provides instructional information about illegal activities such as making or buying
illegal weapons or drugs, violating someone's privacy, or providing, disseminating or creating computer viruses;
contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or
- impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
provides information or data you do not have a right to make available under law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential information);
disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type,
or otherwise negatively affects other users' ability to engage in real time exchanges;
solicits passwords or personal identifying information for commercial or unlawful purposes from other users or
disseminates another person’s personal information without his or her permission; and
publicizes or promotes commercial activities and/or sales without our prior written consent such as contests,
sweepstakes, barter, advertising, and pyramid schemes.
Your use of the Website and Service, including all Content you post on the Website or as part of the Service, must be in
accordance with any and all applicable laws and regulations, including all applicable export and import laws and regulations.
You agree that the Company may access, preserve and disclose your account information and Content if required to do so by law
or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with
legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv)
respond to your requests for customer service or allow you to use the Website in the future; or (v) protect the rights,
property or personal safety of the Company or any other person.
You may not post any telephone numbers, street addresses, last names, URLs or email addresses in areas of your Member
profile that may be viewed by other Members. You agree that any Content you place on the Website to be viewed by other Members
may be viewed by any person visiting the Website or participating in the Service.
The Company reserves the right to investigate and/or terminate your membership if you have misused the Service, or behaved in a
way which could be regarded as inappropriate, unlawful or illegal, including actions or communications the occur off the
Website but involve Members you meet through the Service. The following is a partial list of the type of actions that you may
not engage in with respect to the Service. You will not:
- impersonate any person or entity.
- solicit money from any Members.
- post any Content that is prohibited by Section 9.
- “stalk” or otherwise harass any person.
- express or imply that any statements you make are endorsed by the Company without our specific prior written consent.
- ask or use Members to conceal the identity, source, or destination of any illegally gained money or products.
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve,
index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Website,
Service or its contents.
collect usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or
unauthorized framing of or linking to the Website.
- interfere with or disrupt the Service or the Website or the servers or networks connected to the Service or the Website.
email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or
through the Website or Service (either directly or indirectly through use of third party software).
- “frame” or “mirror” any part of the Service or the Website, without the Company's prior written authorization.
use meta tags or code or other devices containing any reference to the Company, the Website or the Service (or any
trademark, trade name, service mark, logo or slogan of the Company) to direct any person to any other website for any purpose.
modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion
of the Service or the Website or any software used on or for the Service or the Website, or cause others to do so.
post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or
information obtained from the Website or the Service other than solely in connection with your use of the Service in
accordance with this Agreement.
The Company provides assistance and guidance through its customer care representatives. When communicating with our customer
care representatives (whether over the telephone, or via email or letter), you may not be abusive, obscene, profane, offensive,
sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. Telephone calls between you and our
customer care representatives may be recorded for quality assurance purposes. If we feel that your behavior towards any of our
customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately
terminate your membership and you will not be entitled to any refund of unused subscription fees.
Subscriptions; Charges on Your Billing Account.
The Company bills you through an online account (your “Billing Account”) for use of the Service. You agree
to pay the Company all charges at the prices you agreed to for any use of the Service by you or other persons (including your
agents) using your Billing Account, and you authorize the Company to charge your chosen payment provider (your “Payment
Method”) for the Service. You agree to make payment using that selected Payment Method. The Company may correct any billing
errors or mistakes that it makes even if it has already requested or received payment. This Section 12 includes any agreements
you made with the Company on the Website when becoming a Member or subscribing to the Service. The terms of your payment will
be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card
issuer or other provider of your chosen Payment Method.
Your subscription will automatically renew monthly for one year or until cancelled by you. Your subscription will automatically
renew at the price you agreed to when subscribing. You agree that your account will be subject to this automatic renewal
feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription,
please log in and go to “My Account” on the Website and follow the directions contained therein. If you cancel your
subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be
renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the
subscription fee paid for the then-current subscription period. By subscribing, you authorize the Company to charge your
Payment Method now and again at the beginning of any subsequent subscription period. You also authorize the Company to charge
you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if
the Company does not receive payment from your Payment Method provider, (i) you agree to pay all amounts due on your Billing
Account upon demand, and/or (ii) you agree that the Company may either terminate or suspend your subscription and continue to
attempt to charge your Payment Method provider until payment is received (upon receipt of payment, your account will be
activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was
You must provide current, complete and accurate information for your Billing Account. You must promptly update all
information to keep your Billing Account current, complete and accurate (such as a change in billing address, card number or
expiration date), and you must promptly notify the Company if your Payment Method is canceled (including if you lose your card
or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your
name or password). Changes to such information can be made at “My Account” on the Website. If you fail to provide the Company
any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account. In addition,
you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by
your credit or debit card issuer.
Modifications to Service.
The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Website or the Service (or
any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service. To protect the integrity of the Website or the Service, the Company
reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website or
Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information
without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you
believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please
provide our Copyright Agent with the following information:
an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you
claim has been infringed;
a description of where the material that you claim is infringing is located on the Website
(and such description must be reasonably sufficient to enable the Company to find the alleged infringing material);
- your address, telephone number and email address;
a written statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made
under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf.
Communications and Test Profiles.
When you become a Member, you agree and consent to receive email messages from us. These emails may be transactional or
relationship communications relating to the Service, such as administrative notices and service announcements or changes, or
emails containing commercial offers, promotions or special offers. From time to time, employees of the Company (or its parent
or affiliated companies) may create test profiles for the purpose of testing the functionality of our Service and
website processes to improve service quality for our Members. Telephone calls between you and our customer care representatives
may be recorded for quality assurance purposes.
You acknowledge and agree that the Company is not responsible for and shall not have any liability, directly or indirectly, for
any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or
inaccurate Content posted on the Website or provided in connection with the Service, whether caused by users of the Website or
Service, including Members, or any of the equipment or programming associated with or utilized in the Website or Service; (ii)
the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization
settings; (iii) the conduct, whether online or offline, of any user of the Website or Member of the Service; (iv) any error,
omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or
unauthorized access to, any user or Member communications; or (v) any problems, failure or technical malfunction of any
telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or
players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof,
including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating
or downloading materials in connection with the Web and/or in connection with the Service.
TO THE MAXIMUM EXTENT
ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES THE WEBSITE AND THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS
NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE WEBSITE
(INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE
WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON THE WEBSITE OR IN THE SERVICE
WILL BE CORRECTED.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR WEBSITE IS ACCESSED AT YOUR
OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH
RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT
RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT
AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE OR WEBSITE.
From time to time, the Company may make third party opinions, advice, statements, offers, or other third party information
or content available on the Website and/or through the Service (“Third Party Content”). All Third Party Content is the
responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely
responsible for such content. THE COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY
CONTENT ON THE WEBSITE OR PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR
RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEBSITE OR SERVICE. UNDER NO
CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE
ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR SERVICE, OR TRANSMITTED TO OR BY ANY MEMBERS.
In addition to the preceding paragraphs and other provisions of this Agreement, any advice that may be posted on the
Website or through the Service is for informational and entertainment purposes only and is not intended to replace or
substitute for any professional financial, medical, legal, or other advice. The Company makes no representations or warranties
and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the
information offered or provided within or through the Website or Service. If you have specific concerns or a situation arises
in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
The Website may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties
and links to other web sites or resources. You acknowledge and agree that the Company is not responsible for the availability
of such external websites or resources, does not endorse, and is not responsible or liable for any content, information,
statements, advertising, goods or services, or other materials on or available from such websites or resources. Your
correspondence or business dealings with, or participation in promotions of, third parties found on or through the Website or
Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree
that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or
services or other materials available on or through any such website or resource.
Limitation on Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR
SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE
INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE
SERVICE DURING THE TERM OF MEMBERSHIP. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF
ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OR SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR
AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Arbitration and Governing Law.
Arbitration Agreement. The exclusive means of resolving any dispute or claim arising out of or
relating to this Agreement (including any alleged breach thereof), the Service, or the Website shall
be BINDING ARBITRATION administered by the Arbitration Service of Portland, Inc. in the city of
Portland, Oregon. The one exception to the exclusivity of arbitration is that you have the right to
bring an individual claim against the Company in a small-claims court of competent jurisdiction
within Multnomah County, Oregon. Whether you choose arbitration or small-claims court, you may not
under any circumstances commence or maintain against the Company any class action, class
arbitration, or other representative action or proceeding.
Notice of Rights. By using the Website or the Service in any manner, you agree to the above arbitration
agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company
(except for matters that may be taken to small-claims court).
YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR
OTHER CLASS PROCEEDING.
Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair
hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration
proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator
are enforceable in court and may be overturned by a court only for very limited reasons.
Court Proceedings. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify,
or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration
agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions)
may be commenced only in the federal or state courts located in Portland, Oregon. You hereby irrevocably consent to the
jurisdiction of those courts for such purposes.
Governing Law. This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of
Oregon without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the
Federal Arbitration Act.
You agree to indemnify and hold the Company, its subsidiaries, affiliates, and its and their officers, agents, partners and
employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party
due to or arising out of (a) your breach of or failure to comply with this Agreement (including any breach of your
representations and warranties contained herein), (b) any postings or Content you post on the Website or as a result of the
Service, and (c) the violation of any law or regulation by you. The Company reserves the right to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company
in its defense of the matter.
The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now
known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the Website.
Continued use of the Service after such notice is received, or after such notice appears on the Website, shall be deemed
acceptance of any change in the Services, the Website, or this Agreement that such notice describes.
Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are
deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized
Entire Agreement; Other.
or offers on the Website, contains the entire agreement between you and the Company regarding the use of the Website and/or the
Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and
effect. There shall be no third party beneficiaries to this Agreement. The failure of the Company to exercise or enforce any
right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online
account is non-transferable and any rights to your profile or contents within your account terminate upon your death. No
agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any
representations or bind the Company in any manner.
This Agreement is subject to change by the Company at any time. If you are a non-subscribing Member at the time of any change,
the revised terms will be effective upon posting on the Website and your use of the Service after such posting will constitute
acceptance by you of the revised Agreement. If you are a subscribing Member at the time of any change, the then-existing
Agreement will continue to govern your membership until such time that you renew your subscription as contemplated by Section
12. If you continue your subscription, your renewal will constitute acceptance by you of the revised Agreement. Alternatively,
if you terminate your subscription at such time, your use of the Service after your termination will constitute acceptance by
you of the Agreement.
Roommates4Boomers are trademarks of Roommates4Boomers.com, LLC.
This Agreement is last updated as of July 2, 2019.