Last Updated: December 17, 2014
Roost Shared Storage, Inc. (hereafter referred to as "Roost", "we", "us", or "our") provides an online platform and mobile application that connect Hosts who rent Space to Renters (collectively, the “Services”). In this document, the terms “Roost”, “we”, “our”, “us” refer to the Roost Site and Application which are products of Roost Shared Storage, Inc. The terms "Service" or "Services" refer to any services we offer, including all Roost mobile and web applications and other software (collectively, the "Application" or "App"), and the web site accessible at www.roost.com and associated content (collectively, the "Website") as well as any and all marketing channels where Collective Content may be disseminated in Roost’s sole discretion. The terms "You" or "Your" refer to the users of the Roost Service. The terms "Host" or "Hosting" refer to the act of storing a Renter’s items in accordance with the terms of the rental agreement as described herein. The terms "Rent" or "Renting" refer to the temporary lease of the Host’s Space in accordance with the terms of the rental agreement as described herein. The terms "Space" or "Listing" refers to the area of the Host’s property rented or offered for rental by a Host. The terms "Items", “Stored Items” “Property” “Belongings” refer to the property of the Renter that is stored in the Host’s Space. The term "Booking" refers to a confirmed transaction between Host and Renter whereby renter stores their Property in a Host’s Space. "Member" means a person who completes Roost's account registration process, including, but not limited to Hosts and Renters, as described under "Account Registration" below. "Roost Content" means all Content that Roost makes available through the Site, App or Services, including any Content licensed from a third party, but excluding Member Content. "Member Content" means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, App or Services. "Collective Content" means Member Content and Roost Content. "Content" means text, graphics, images, software, audio, video, information or other materials. "Contents or Renter's Items" refer to all items the Renter will store within or on the Host's Space.
II. GENERAL CONDITIONS
Roost makes available a platform or marketplace with related technology for Renters and Hosts to meet online and arrange for bookings of storage, parking or other available space including, but not limited to, basements, garages, attics, closets, sheds, storage units, driveways, parking spots or other Space ("Space"). Roost is not an owner or operator of properties, nor is it a real estate broker. Roost does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties. Roost's responsibilities are limited to: (i) facilitating the availability of the Site, App and Services and (ii) serving as the limited agent of each Host for the purpose of accepting payments from Renters on behalf of the Host.
By using the Site, App or Services you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a member, or other registered user of the Services. These Terms govern your access to and use of the Site, App, Services and Collective Content (defined below), which constitute a binding legal agreement between you and Roost. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Services, Site, App, or Collective Content. Unauthorized or improper use of the Services or a violation of the Terms of Services set forth herein may result in your being banned from Roost or other shared service business and may subject you to civil liability and/or criminal penalties.
YOU UNDERSTAND AND AGREE THAT ROOST IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND RENTERS, NOR IS ROOST A REAL ESTATE BROKER, REAL ESTATE AGENT, INSURER, OR ESCROW AGENT. ROOST HAS NO CONTROL OVER THE CONDUCT OF HOSTS, RENTERS AND OTHER USERS OF THE SITE, APP, AND SERVICES, AND DISCLAIMS ANY AND ALL LIABILITY.
THE SITE, APP AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF SPACE. ROOST CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTING NOR THE CONDITION, LEGALITY OR SUITABILITY OF ANY SPACE. ROOST IS NOT RESPONSIBLE FOR, AND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM THE CONTENT OF ANY LISTING.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APP OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, APP OR THROUGH THE SERVICES, OR BY REFERRING OTHERS, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE, APP, OR SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APP, SERVICES, OR COLLECTIVE CONTENT. IF YOU ACCEPT OR AGREE TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS AND, IN SUCH EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT COMPANY OR OTHER LEGAL ENTITY, AND ITS SUCCESSORS AND ASSIGNORS.
The Site, App and Services can be used to facilitate the listing and booking of Space. Such Spaces are included in Listings on the Site, App and Services by Hosts. You may view Listings as an unregistered visitor to the Site, App and Services; however, if you wish to book a Space or create a Listing, you must first become a Member by registering to create a Roost Account (defined below). Both unregistered visitors and Members agree to be bound by all of the terms and conditions set forth herein.
The Site, App and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, App or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, App or Services you represent and warrant that you are 18 or older.
1. ACCOUNT REGISTRATION
In order to book a Space or create a Listing on Roost, you must register to create an account ("Roost Account") and become a Member. You may register to join the Services directly via the Site or App as described in this section.
You can also register to join by logging into your account with certain third party social networking sites ("SNS") (including, but not limited to, Facebook); each such account, a "Third Party Account", via our Site or App. As part of the functionality of the Site, App and Services, you may link your Roost Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Roost through the Site, App or Services; or (ii) allowing Roost to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Roost and/or grant Roost access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Roost to pay any fees or making Roost subject to any usage limitations imposed by such third party service providers. By granting Roost access to any Third Party Accounts, you understand that Roost will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account ("SNS Content") so that it is available on and through the Site, App and Services via your Roost Account and Roost Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Roost Account on the Site, App and Services. Please note that if a Third Party Account or associated service becomes unavailable or Roost's access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, App and Services. You have the ability to disable the connection between your Roost Account and your Third Party Accounts, at any time, by accessing the "Settings" section of the Site or App.
YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.
Roost makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Roost is not responsible for any SNS Content.
We will create your Roost Account and your Roost Account profile page for your use of the Site or App based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Roost Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Roost reserves the right to suspend or terminate your Roost Account and your access to the Site, App and Services if you create more than one (1) Roost Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Roost Account, whether or not you have authorized such activities or actions. You will immediately notify Roost of any unauthorized use of your Roost Account by emailing Support@Roost.com.
2. RENTER INFORMATION
It is Host’s sole right to check the Renter's background, credit history and/or criminal history and refuse to rent to Renter, or terminate Renter's booking of the Host's Space, as the case may be, upon receipt of such information. Roost does not perform such background, criminal history or credit checks, and you hereby release and hold Roost harmless from any and all liability resulting from Host’s performance or failure to perform, such checks, or from Hosts actions upon receiving background information on Renter.
3. CHANGE OF RENTER INFORMATION
Renter agrees to immediately notify Host of changes in Renter's email address, mailing address, phone number or other information. A change of address will not be effective unless the new address is complete and the notice is in writing, signed, and dated by Renter and actually received by Host. Return addresses on envelopes, forwarding orders or addresses on checks are insufficient.
Notice of a change of Renter’s or Host’s phone numbers may be made orally or in writing. Renter is strongly encouraged to keep Host informed of any anticipated changes that may affect the terms of storage.
1. STORAGE LISTINGS
As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Space to be listed, including, but not limited to, the location, capacity, size, features, availability of the Space and pricing and related rules and financial terms. In order to be featured in Listings via the Site, App and Services, all Space must have valid physical addresses. Listings will be made publicly available via the Site, App, and Services. Other Members will be able to book your Space via the Site, App and Services based upon the information provided in your Listing. You understand and agree that once a Renter requests a booking of your Space, the price for such booking may not be altered.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Renter's use of, a Space in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Space included in a Listing you post, including, but not limited to, zoning laws and laws governing rentals of residential and other properties and
(b) not conflict with the rights of third parties. Please note that Roost assumes no responsibility for a Host’s compliance with any applicable laws, rules and regulations.
Roost reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Roost, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, App or Services.
You understand and agree that Roost does not act as an insurer or as a contracting agent for you as a Host. If a Renter requests a booking of your Space and stores their items in or uses your space, any agreement you enter into with such Renter is between you and the Renter and Roost is not a party thereto. Notwithstanding the foregoing, Roost serves as the limited authorized agent of the Host for the purpose of accepting payments from Renters on behalf of the Host and is responsible for transmitting such payments to the Host.
When you create a Listing, you may also choose to include certain requirements and list prohibited items which must be met by the Members who are eligible to request a booking of your Space, including, but not limited to, requiring Members to have a profile picture, connected Facebook account or other SNS account or verified phone number, or pay a security deposit, in order to book your Space. Any Member wishing to book Space included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the “Hosting” section of the Site, App and Services.
If you are a Host, Roost makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Space. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Space at your request or invitation, excluding the Renter (and the individuals the Renter invites to the Space, if applicable.)
VI. BOOKING AND FINANCIAL TERMS
If you are a Host and a booking is requested for your Space via the Site, App and Services, you will be required to either confirm or reject the booking within 48 hours of when the booking is requested (as determined by Roost in its sole discretion) or the booking request will be automatically cancelled. When a booking is requested via the Site, App and Services, we will share with you (i) the first and last name of the Renter who has requested the booking, and (ii) a description of the items that the renter wishes to store, and (iii) the start and end dates of the requested booking period (iiii) a link to the Renter's Roost Account profile page. If you are unable to confirm or decide to reject a booking of a Space within such 48 hour period, any amounts collected by Roost for the requested booking will be refunded to the applicable Renter's credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Renter, Roost will send you an email or text message or other method of notification confirming such booking, depending on the selections you make via the Site, App and Services.
The fees displayed in each Listing are comprised of the Space Fees (defined below) and the Service Fees (defined below.) Where applicable, Taxes may be charged in addition to the Space Fees and Renter Fees. The Space Fees, the Service Fees and applicable Taxes are collectively referred to in these Terms as the "Total Fees". The amounts due and payable by a Renter solely relating to a Host’s Space are the "Space Fees". Please note that it is the Host and not Roost, which determines the Space Fees. The Space Fee may include a non-refundable cleaning fee or refundable security deposit at the Host's discretion. Space Fees may also include applicable state or county parking and storage taxes.
You agree to pay Roost for the Total Fees for any booking requested in connection with your Roost Account if the applicable Host confirms such requested bookings. In order to establish a booking pending the applicable Host's confirmation of your requested booking, you understand and agree that Roost, on behalf of the Host, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), to verify your credit card. Once Roost receives confirmation of your booking from the applicable Host, Roost will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that Roost cannot control any fees that may be charged to a Renter by his or her bank related to Roost’s collection of the Total Fees, and Roost disclaims all liability in this regard.
You acknowledge and agree that you, and not Roost, will be responsible for performing the obligations of any such agreements, that Roost is not a party to such agreements, and that, with the exception of its payment obligations above, Roost disclaims all liability arising from or related to any such agreements.
3. RENTER ACCESS TO SPACE
In the listing the Host will provide the times that the Renter may access Stored Items. In some cases, Host may provide Renter with means for unlimited Access. Renter must contact Host at least 24 hours in advance to request Access unless otherwise specified in rental agreement.
4. SPACE MOVE-OUT DUTIES
At or before the end of the booking period for the Space, Renter must vacate the Space completely. Renter must remove all contents and debris. Renter must leave the Space in good “broom clean” condition.
5. HOST SPACE FEE COLLECTION
Hosts acknowledge that Space Fees will be directly deposited into their bank accounts, net of Service Fees. Furthermore, hosts acknowledge that they are required to provide correct bank account information in order to accept a booking. Host's also acknowledge that they are responsible for registering and filing any applicable state or county parking or storages taxes. Roost is neither responsible nor liable for notifying, collecting or paying any such taxes. Hosts agree to never insist, ask, or insinuate to a Renter that he or she pay any or all of the Space Fees directly to Host with a check, cash, or any payment method other than by payment through Roost. The only exception to the foregoing is that if Host does require a security deposit against damage to Host's property, such deposit may be made by check or cash payment directly to Host. Host agrees that such deposit may not be used for payment of Space Fees.
Roost charges a fee to Renters based upon a percentage of applicable Space Fees, which are referred to herein as "Service Fees". The standard Service Fee charged by Roost is fifteen (15) percent of the applicable Space Fee. The Service Fees are added to the Space Fees to calculate the Total Fees. Except as otherwise provided herein, Service Fees are non-refundable.
If the booking period is one (1) month or less, Roost will collect from Renter the Total Fees at the time of booking confirmation (i.e. when the Host confirms the booking within 48 hours of the booking request) and will initiate payment of the Space Fees to the Host after the booking period is over. Additional fees may be charged for Renter’s delayed removal of stored items. If the booking period exceeds one (1) month, or if the one month rental period is extended (by agreement between Renter and Host, or by Renter’s failure to remove stored items), Renters will be charged monthly total fees on a recurring basis. Roost will collect Total Fees and initiate payment of Space Fees to Host within five (5) business days of the first day of each month of the booking period, referred to herein as Recurring Payments. If Recurring Payments apply to your payment obligations for Total Fees owed for a confirmed booking, you authorize Roost, on behalf of the Host, to collect the Total Fees in the increments and at the frequency associated with the applicable Recurring Payments, identified on the Site, App and Services. If Host and Renter agree to a booking period of less than one month, or an extension for a partial month, Roost shall collect Total Fees and initiate payment of Space Fees on the basis of the pro rata portion of the monthly Fees, or as the rental agreement may otherwise specify for shorter terms.
7. GUARANTEED PAYMENTS
Roost offers Hosts a limited guarantee of payment. When a Booking Request is confirmed, and payment for the first month of the Booking Period is validated, Roost guarantees that in subsequent months, should a Renter default on all or a portion of Total Fees, Roost will compensate a Host for up to one month of Space Fees, net of Services Fees and any expenses incurred during collection and move-out process.
8. CANCELLATIONS AND REFUNDS
If, as a Renter, you cancel your requested booking before the requested booking is confirmed by a Host, Roost will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Renter or host, you wish to cancel a confirmed booking made via the Site, App and Services, prior to one (1) week before the confirmed booking start date, then no penalties will occur. If a Host needs to cancel less than one (1) week prior to the confirmed booking start date, then the Host will receive a Warning. Multiple Warnings may lead to Host being banned from the Site, App and Services at the sole discretion of Roost. If a Host must cancel a confirmed booking within twenty four (24) hours of the agreed upon start time, the Host will be charged a ten dollar ($10) inconvenience fee to be paid to the Renter, at the sole discretion of Roost.
If a Host must cancel a confirmed booking after the booking period has already begun, the Renter will receive a full refund from the Host, less any booking fees, for the entire month leading up to the date of cancellation. Renters may cancel a confirmed booking at any point after the booking period has begun with no penalties. Both Hosts and Renters may cancel any time during a booking if either party feels uncomfortable, however repeat cancellations may reflect poorly on user ratings.
Any request for a refund of the Space Fees and other amounts charged to you shall be subject to Roost’s cancellation policy as set forth below.
If a Host cancels a confirmed booking made via the Site, App and Services, (i) Roost will refund the Total Fees for such booking to the applicable Renter within a commercially reasonable time of the cancellation and (ii) the Renter will receive an email or other communication from Roost containing alternative Listings and other related information. If the Renter requests a booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the Renter's requested booking, then the Renter agrees to pay Roost the Total Fees relating to the confirmed booking for the Space in the alternative Listing, in accordance with these Terms. If as a Host, you must cancel a confirmed booking, please contact Roost at Support@Roost.com. If a Host cancelled a confirmed booking and you, as a Renter, have not received an email or other communication from Roost, please contact Roost at Support@Roost.com.
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Roost cannot and does not offer Tax-related advice to any Members of the Site, App and Services. Additionally, please note that each Host is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.
VII. ROOST RENTER GUARANTEE
Roost recommends that Renters check their homeowners or renters insurance, if they have it, because standard policies will usually cover you for theft, loss or damage to your personal property even when stored elsewhere. If you don’t have such coverage, and are concerned about loss of your property, Roost recommends that you purchase such coverage.
Loss caused, in whole or in part, by theft, negligent or intentional acts, malicious conduct or any perils not listed below are excluded from this Guarantee. Roost agrees to reimburse Renter for his or her losses exceeding $250, up to a maximum amount of $10,000, for loss of or damage to stored items as a result of any one of the following listed perils: fire, flood, named windstorm, vermin, freezing, and, except in California, earthquake. To qualify for reimbursement, Renter must provide a written proof of loss in the form of a sworn statement, supported by documentation of the event causing such damage, and the identity and value of damaged goods, such documentation to be satisfactory to Roost. Roost reserves full discretion to deny reimbursement under this Guarantee if the Renter has not complied with these terms, if Roost cannot verify with Host the events causing the loss, or whether the loss is caused, in whole or in part, by anything other than a listed peril, or if Roost is otherwise not satisfied that Renter is acting in good faith. This Guarantee does not extend to Hosts.
1. LIMITATIONS OF RENTER GUARANTEE
Roost’s Renter Guarantee does not cover Renters for theft of goods stored at Host’s property. However, Roost protects Renters from the risk of theft in several limited ways. First, in the event of loss of your property due to a burglary or theft of your goods, contact Roost immediately and we will assist you in determining the proper course of action. If the theft was the result of Host’s negligence, as determined under the standard rules of Bailment, and is not covered by Renter’s insurance, Roost reserves the right in its sole discretion to demand, on Renter’s behalf, reimbursement from Host for the fair value of Renter’s lost property. Roost disclaims any and all bailment obligations. More information about Bailment Law can be found here: http://legal-dictionary.thefreedictionary.com/bailment
In the event that Roost is unable to obtain compensation from Host, Roost reserves the right to pay Renter’s loss, up to the amount of rent paid to Host, such amount and terms of payment to be determined in Roost’s sole discretion. Such payment is never obligated; rather, any reimbursement to Renter shall be determined in good faith. Roost may then seek reimbursement from Host. Second, Roost verifies SNS and contact information of Host and Renter. Third, Hosts and Renters rate and review each other, and if a complaint is lodged, Roost reserves rights to terminate membership, in its sole discretion, or to furnish such information to other shared service businesses.
VIII. PROTECTION FOR HOST’S PROPERTY
Roost recommends that Hosts check their homeowners or renters insurance policies or speak to their agents to verify that their coverage includes damage to Host’s property caused by an invited guest (such as a Renter) entering or exiting the Host’s Space, or otherwise caused by the property being stored. If such coverage is not afforded by your policy, or if Host seeks additional protection, Roost recommends that Hosts charge a security deposit, as provided in the rental agreement set forth in the Site, App and Services. Roost’s Renter Guarantee does not extend to property of Hosts.
IX. NO ENDORSEMENT
Roost does not endorse any Members or any Space. You are responsible for determining the suitability of others who you contact or contact you via the Site, App and Services. Roost will not be responsible for any damage or harm resulting from your interactions with other Members.
By using the Site, App or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Roost with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site, App and Services regarding any bookings or Listings made by you.
X. USE OF SPACE AND PROHIBITED ITEMS
RENTER AGREES NOT TO USE THE SPACE FOR ANY UNLAWFUL PURPOSE. THE SPACE IS TO BE USED BY RENTER ONLY FOR STORAGE OF PERSONAL PROPERTY. USE OF THE SPACE FOR ANY PURPOSE OTHER THAN FOR LAWFUL STORAGE OF PERSONAL ITEMS, SUCH AS USE OF THE SPACE FOR WORK, RECREATION, DRUG USE OR SEXUAL ACTIVITY IS EXPRESSLY PROHIBITED. STORAGE OF EXPLOSIVES, FUEL, HAZARDOUS OR FLAMMABLE MATERIALS, PESTICIDES OR OTHER TOXIC CHEMICALS, WASTE OF ANY KIND, FIREARMS, AMMUNITION, ILLEGAL DRUGS OR OTHER CONTROLLED SUBSTANCES, STOLEN GOODS OR OTHER CONTRABAND, PERISHABLE FOOD ITEMS, SPOILED FOOD, LIVING OR DECEASED ANIMALS, INFESTED ITEMS, MOLDY ITEMS OR ANY OTHER ITEMS SPECIFICALLY IDENTIFIED BY THE HOST ON THE LISTING IS EXPRESSLY PROHIBITED.
Upon breach, or Host's reasonable suspicion of breach, of these terms, the Renter agrees that the Host has the right to immediately terminate the booking agreement and to ask Renter to remove the items from the Host’s premises. Host shall provide reasonable notice and opportunity for Renter to cure such breach or otherwise remove such items. If Renter does not remove such items upon reasonable notice and opportunity to cure, such items may be removed by Host and shall be subject to forfeiture by Renter. Host may also contact Law Enforcement or other authorities to report illegal activities of Renter. If Host reasonably suspects the storage of items in breach of the above prohibitions, or other illegal activities, the Renter hereby agrees to give permission for authorities to search the stored items without a warrant. Renter agrees to release, indemnify, and hold Host harmless from and against any and all liability arising from or relating to the removal or forfeiture of stored property, or the Renter’s breach of this provision, including any allegations or investigations relating thereto. Renter shall forfeit all rent and Service Fees paid up the date of termination hereunder.
XI. RISK OF PERSONAL INJURY DUE TO HOST’S NEGLIGENCE
Renter agrees that the use of the Space is at Renter's sole risk. Renter agrees that, without limiting any duties of the Host to take reasonable steps to protect Renter’s property, Host shall have no liability to Renter or Renter's invitees for any personal or bodily injury except in the event of Host’s gross negligence or willful misconduct. Renter hereby waives and disclaims any and all claims or causes of action Renter may have against Host, in the event of personal or bodily injury to Renter or Renter’s invitees, except as a result of Host’s gross negligence or willful misconduct.
Renter, Renter's employees, agent, family, guests and other invitees must comply with Host's rules and policies and with any other rules contained in the Listing or in any correspondence or other written communication between Host and Renter, be it through Roost’s messaging system, email or exchanged between the Host and Renter at the time of leasing or mailed or hand-delivered to Renter at any time.
XIII. DEFAULT BY RENTER
Renter will be in "default" if: (a) Renter has failed to pay any sum when due under the Listing, or (b) Renter has failed to notify Host of a change in Renter's address or phone number as required in these terms; or (c) Renter has provided false or incorrect information to Host or in any mailing address changes submitted to Host; or (d) Renter has failed to comply with any other provision of these Terms, or any supplemental rules in the Listing or provided by Host; or (e) Renter has violated health, safety or criminal laws on the Host's property, regardless of whether arrest or conviction has occurred. Failure of Roost or Host to enforce any of these Terms shall not constitute waiver of such Term(s).
XIV. HOST'S REMEDY
If Renter is in "default," Host shall take reasonable steps to notify Renter of such default, and provide Renter a reasonable opportunity to cure such default. If Renter fails to cure such default, after receiving such notice and opportunity to cure, Host may exercise one or more of the following remedies:
- (a) Deny Renter access to the Space or Renter's property until default is cured;
- (b) Terminate Renter's Booking by giving Renter three (3) days' notice to vacate; and if Renter fails to vacate and Host files an eviction lawsuit, Renter will pay Host's attorneys' fees and court costs plus a reasonable judicial eviction charge for Host's time, inconvenience and overhead for filing the eviction suit;
- (c) Collect charges as appropriate and exercise any other remedy allowed by law; and/or
- (d) Enforce Host's lien by seizure and sale of all contents in the Space by nonjudicial foreclosure under the Host's local and state codes.
- Seizure and sale will only be for default in paying sums due to Host. Host may accept partial payments but only payments in full, including applicable fees, will stop a lien sale.
- (e) After seizure, any attempt to reclaim the seized property by Renter without paying in full the sums due Host, including applicable fees, may result in Host pursuing prosecution for such act.
XV. USER CONDUCT
YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL LAWS, RULES, REGULATIONS, AND TAX OBLIGATIONS THAT MAY APPLY TO YOUR USE OF THE SITE, SERVICES AND CONTENT.
In connection with your use of our Site, App and Services, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
- use manual or automated software, devices, scripts robots, other means or processes to access, "scrape", "crawl" or "spider" any web pages or other services contained in the Site, App, Services or Content;
- use the Site, App or Services for any commercial or other purposes that are not expressly permitted by these Terms;
- copy, store or otherwise access any information contained on the Site, App, Services or Content for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage our Site, App or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site, App or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Site, App or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
- "stalk" or harass any other user of our Site, App, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Roost Renter or Host;
- offer, as a Host, any Space that you do not yourself own or have permission to rent (without limiting the foregoing, you will not list Space as a Host if you are serving in the capacity of a rental agent or listing agent for a third party);
- offer, as a Host, any Accommodation that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;
- register for more than one Roost Account or register for a Roost Account on behalf of an individual other than yourself;
- contact a Host for any purpose other than asking a question related to a booking, such Host's Space or Listings;
- contact a Renter for any purpose other than asking a question related to a booking or such Renter's use of the Site, App and Services;
- when acting as a Renter or otherwise, recruit or otherwise solicit any Host or other Member to join third party services or websites that are competitive to Roost, without Roost’s prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information or otherwise interact with the Site, App or Services;
- use the Site, App and Services to find a Host or Renter and then complete a booking of a Space transaction independent of the Site, App or Services in order to circumvent the obligation to pay any Service Fees related to Roost's provision of the Services;
- as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;
- or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from our Site, App or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Site, App, or any individual element within the Site, App or Services, Roost's name, any Roost trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Roost's express written consent;
- access, tamper with, or use non-public areas of the Site, App, Roost's computer systems, or the technical delivery systems of Roost's providers;
- attempt to probe, scan, or test the vulnerability of any Roost system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Roost or any of Roost's providers or any other third party (including another user) to protect the Site, App, Services or Collective Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, App, Services or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, App, Services or Collective Content; or advocate,encourage, or assist any third party in doing any of the foregoing.
XVI. REPORTING MISCONDUCT
If you rent Space to anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who
- engages in offensive, violent or sexually inappropriate behavior,
- you suspect of stealing from you, or
- engages in any other disturbing conduct,
You should immediately report such person to the appropriate authorities and then to Roost by contacting us with your police station and report number at Support@Roost.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
XVII. TERMINATION AND ACCOUNT CANCELLATION
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, App and Services, and (b) deactivate or cancel your Roost Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event Roost terminates these Terms, or your access to our Site, App and Services or deactivates or cancels your Roost Account you will remain liable for all amounts due hereunder. You may cancel your Roost Account at any time via the “Cancel Account” feature of the Services or by sending an email to Support@Roost.com. Please note that if your Roost Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, App and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE AND SERVICES YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT ROOST DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APP AND SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ROOST EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ROOST MAKES NO WARRANTY THAT THE SITE, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY SPACE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ROOST MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, SPACE, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ROOST OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR RENTERS. YOU UNDERSTAND THAT ROOST DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY SPACE. ROOST MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RENTERS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY ROOST. NOTWITHSTANDING ROOST”S APPOINTMENT AS THE LIMITED AGENT OF THE HOSTS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM RENTERS ON BEHALF OF THE HOSTS, ROOST EXPLICITLY DISCLAIMS ALL LIABILITY, OF ANY KIND OR NATURE, FOR ANY ACT OR OMISSION OF ANY RENTER OR OTHER THIRD PARTY.
XIX. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY SPACE VIA THE SITE AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF ROOST WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER ROOST NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES OR FROM YOUR LISTING OR BOOKING OF ANY SPACE VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ROOST HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE HOSTS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE ROOST HOST GUARANTEE, IN NO EVENT WILL ROOST’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY SPACE VIA THE SITE AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY SPACE OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE AND SERVICES AS A RENTER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY ROOST TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ROOST AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold Roost and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
(a) your access to or use of the Site, App, Services, or Collective Content or your violation of these Terms;
(b) your Member Content;
(c) any injury occurring to any person or property as a result of the use, occupancy, travel to or from, or the entry or exit from, any Space by you; and
(d) your (i) interaction with any Member, (ii) booking of a Space, (iii) creation of a Listing or (iv) the use, condition or rental of a Space by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Space.
The Site, App, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, App, Services and Collective Content, including all associated intellectual property rights is the exclusive property of Roost and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, App, Services, or Collective Content.
XXII. MEMBER CONTENT
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, App and Services, you hereby grant to Roost a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, though, or by means of the Site, App and Services. Roost does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, App and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, App and Services or you have all rights, licenses, consents and releases that are necessary to grant to Roost the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Roost’s use of the Member Content (or any portion thereof) on, through or by means of the Site, App and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, App and Services may contain links to third-party websites or resources. You acknowledge and agree that Roost is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Roost of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
XXIV. PROPRIETARY RIGHTS NOTICES
All trademarks, service marks, logos, trade names and any other proprietary designations of Roost used herein are trademarks or registered trademarks of Roost. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
All claims and disputes arising under or relating to these Terms and Conditions are to be settled by binding arbitration in San Francisco, California or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in the “Sharing Economy,” and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction. The parties shall endeavor to settle any such dispute via good faith negotiation prior to initiating any arbitration proceeding.
Roost reserves the right, in its sole discretion, to modify the Site, App, or Services or to modify these Terms, including the Service Fees (defined below), at any time and without prior notice. If we modify these Terms, we will post the modification on the Site, or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site, App or Services after we have posted a modification on the Site, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, App and Services.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, App and Services (“Feedback”). You may submit Feedback by emailing us at Support@Roost.com or through the “Contact” section of the Site and App. You acknowledge and agree that all Feedback will be the sole and exclusive property of Roost and you hereby irrevocably assign to Roost and agree to irrevocably assign to Roost all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Roost’s request and expense, you will execute documents and take such further acts as Roost may reasonably request to assist Roost to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
If you have any questions about these Terms, please contact Roost at Support@Roost.com.