Broadrooms Terms of Service
How You Accept These Terms. You acknowledge and agree to this Agreement by doing any of the following: (1) clicking the “I Agree” or similar button to access the Services, or (2) downloading a Broadrooms mobile application, or (3) otherwise accessing or using the Services. If you do not agree with these terms, you must immediately cease all use of the Services and un-install any mobile application.
Mobile App Providers. If you downloaded the Broadrooms mobile application from a third party site (“Mobile App”), you are granted a limited, non-transferable license to use the Services on any appropriate device as permitted by such third party site. Your use of the Services is not only subject to this Agreement, but also may be subject to any terms of service and/or rules of such third party site. You acknowledge that these Terms are between you and Broadrooms, and not with any third party from which you obtained the Services.
Types of Users. There are two general types of users of the Services, registered users that have registered with Broadrooms or who have registered with an authorized third party that provides access to Services, and visitors of the Services. All references to “Users” will include both registered users and visitors.
Age of Users. You must be 13 years of age or older to be a User of the Services. By continuing to use the Services, you are warranting that you are at least 13 years old and you have the authority to enter into these Terms of Service. The Services are not directed to children under 13 years of age.
Modifications of These Terms. This Terms of Service Agreement was last updated on May 7th, 2015. We reserve the right, at any time, to modify the Services and/or the terms of this Agreement without prior notice. We recommend that you check this Agreement periodically to see if there have been any modifications. Modifications will become effective immediately upon being posted on the Services. User’s continued use of the Services after modifications are posted will be considered an acceptance of the modified Terms of Service Agreement.
No Warranty for Services. You understand and agree that although we will use reasonable efforts to ensure the Services are available, temporary interruptions of the services may occur. The Services are provided “AS IS” and Broadrooms is not liable to you for any temporary interruption in Services.
No Reliance on Services. Broadrooms does not warrant the accuracy, reliability or continuous supply of any of the information on the Services, and such information may change at any time. The Services and information contained thereon are only for general information and use, are not intended to address your particular requirements, and are not to be construed as advice. Use of the Services and any information thereon is at your sole risk. You are advised to obtain appropriate independent advice before taking any actions relating to the information learned through the Services.
Conduct. You are granted a limited license to use the Services in compliance with this Agreement and any other instructions, restrictions or conditions imposed by the Services. You agree to obey all applicable laws, rules and regulations in using the Services. You agree that we may at any time, and at our sole discretion, terminate your account without prior notice to you and without reimbursement if we suspect a violation any of these Terms of Service. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations. We have the right at our sole discretion to remove any content of any kind that, in our judgment, does not comply with this Agreement and any other rules of user conduct for our Services, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You understand that in using this Services, you may be exposed to materials that are objectionable as set forth above. You hereby waive and agree to waive all rights, claims, and actions in law or equity against Broadrooms arising from your exposure to such materials.
Linking Conditions. You may not link to the Services unless you comply with these linking conditions.
The link must resolve to Broadrooms’ homepage.
The link may not use, defame, or tarnish any logo, graphic, tagline, service mark, trademark, or copyrighted information of Broadrooms or any other third party.
The link and surrounding materials must not deliver the Services content in a framed environment, or alter the layout, content, look, or feel of the Services.
The link and surrounding materials must not imply affiliation or falsely represent any relationship between the linking site and Broadrooms; and
The link and surrounding materials must not portray Broadrooms or Services in a false, misleading, derogatory, defamatory or otherwise offensive manner.
Intellectual Property. Broadrooms is the owner and retains all proprietary rights to the Services, and all associated copyrights, trademarks, brands, service marks, patents or other proprietary rights under law. You are permitted to use the Services and its content only as specifically authorized by us. Broadrooms’ trademarks and/or service marks may not be used in connection with any product or service that is not provided by Broadrooms, in any manner that is likely to cause confusion among customers or users of the Services, tarnishes or dilutes the marks, or disparages or discredits Broadrooms.
Notice of Copyright or Intellectual Property Infringement. Please notify us at: email@example.com if you believe any of your intellectual property rights have been infringed by the Services.
Disclaimer of Warranties
ALL BROADROOMS SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
YOUR EXCLUSIVE REMEDY AND BROADROOMS’ ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THE BROADROOMS SERVICES SHALL BE LIMITED TO THE AMOUNT YOU PAID BROADROOMS, IF ANY, FOR ANY SERVICES AVAILABLE THROUGH THE SERVICES DURING THE SIX-MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY (OR, IF NO SUCH AMOUNT WAS PAID, $1.00 USD).
IN NO EVENT SHALL BROADROOMS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE BROADROOMS SERVICES, OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THE SERVICES.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification. You agree to indemnify and hold Broadrooms, and each of its parents, subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of (a) your use or misuse of the Services, or (b) the violation of laws, rules, regulations or terms this Agreement. Broadrooms reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Broadrooms in asserting any available defenses.
International Use. Although the Services may be accessible worldwide, we make no representation that the Services are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Services from outside the United States do so on their own initiative and are responsible for compliance with local laws. In addition, the Services may be subject to United States export control regulations or the export control regulations of other countries. You agree to comply strictly with all export control laws, and assume sole responsibility for obtaining licenses to export or re-export as required. You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Termination of Use. We may terminate or suspend your use of the Services at our discretion and for any reason. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, your right to use the Services immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and/or bar any further access to such files or the Services. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
The following sections of this Agreement will survive termination: Third Party Services and Information, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Termination of Use, Governing Law, Notices, Miscellaneous.
Governing Law. The laws of the state of California, USA, will apply to all matters relating to this Agreement, and the use of this Services, without regard to the conflicts of laws principles. You agree to submit to the exclusive personal jurisdiction and venue of the United States District Court, Northern District of California in San Francisco, California USA. All disputes relating to this Agreement and the Services will be finally settled via arbitration according to the rules of the American Arbitration Association. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.
Notices. All notices to a User or to Broadrooms shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at firstname.lastname@example.org, if by email, or at Broadrooms, LLC, 80585 Via Pessaro, La Quinta, California 92253 USA, if by conventional mail. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you when registering or updating your account. In addition, we may broadcast notices or messages through the Services to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.
You agree that this Agreement may be assigned by Broadrooms, in our sole discretion, to any third party at any time. You may not transfer or assign any of your rights and obligations under this Agreement, and any attempt to do so will be null and void.
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.
Any failure by us to enforce or exercise any provision of this Agreement or related rights shall not constitute a waiver of that right or provision.
In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees.