Terms & Conditions
TERMS AND CONDITIONS OF USE
Terms and Conditions of Use for OneRoof App, Co.
Last Updated on August 8, 2023
TERMS OF SITE AND ACCESS AGREEMENT
OneRoof App, Co. (“OneRoof”, “Company”, “we”, “us” or “our”) operates an online, app-based platform that allows people to form and engage in common interest Communities (hereinafter defined) in password-protected forums centered around the buildings or local communities in which they live.
These Terms (“Terms”, “Agreement”) are a binding legal agreement between You and the Company that governs your use of the Site, Application, and other online products, services, and offerings made available to You by the Company (collectively, “Services”). Please read these Terms carefully.
YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH USING AN INTERNET-BASED PLATFORM AND INTERACTING WITH OTHER USERS ONLINE OR IN PERSON. BY ACCESSING O R USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT USE OUR SERVICES.
By using OneRoof’s website, accessible at www.oneroofapp.com (the “Site”), or by using the signing up for or otherwise accessing an account in the OneRoof mobile application (“Application”), you (“you” “your”) agree to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, you may not download or use the Services.
We may supply different or additional terms (including, without limitation, the terms of social media services, the terms of third-party sites and services, and the terms of partners and affiliates) in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.
From time to time, OneRoof may introduce new features that may only be available to certain users. Accordingly, provisions of these Terms relating to those new features may apply to the users to whom those features are available but not to all users.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, whether by providing a notice through our Services, by email, or by updating the date at the top of these Terms. Unless we explicitly state otherwise in such notice, the amended Terms will be effective immediately, and your continued use of our Services thereafter we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services. The terms contained on this page are subject to change at any time.
This Agreement is between you and the Company only and not with any application store, including, without limitation, Apple Inc.’s App Store® and the Google Play™ store. Accordingly, the Company is solely responsible for the Application and its content. Although no application store is a party to this Agreement, each such store has the right to enforce the terms of this Agreement against you as a third-party beneficiary relating to your use of the Application.
In the event that any third-party accesses the Services through your account, whether permissively or through your acts or omissions, including, without limitation through a Family Sharing plan, use of the Services by those users is expressly subject to this Agreement. You agree to be responsible for same to the fullest extent permissible under applicable law and to indemnify and hold harmless to the fullest extent permissible under applicable law OneRoof from any acts, conduct, or omissions by any such third party arising out of, in connection with, or otherwise pertaining to the use of the Services by any such third party.
The Application is licensed, not sold, to You by the Company for your personal use strictly in accordance with the terms of this Agreement.
1. GENERAL PROVISIONS
The Site and Application are owned and operated by OneRoof App, Co., a Delaware corporation.
Use of this Site, Application, and Services is at your own risk. We host our Site and Application on reputable platforms, though we make no explicit representations or warranties as to the safety of your individual use of the Site, Application, or Services.
2. DEFINITIONS
For the purposes of this Agreement, in addition to the terms defined elsewhere herein, the terms below shall have the following meanings:
Application Store means any digital distribution service from which the Application can be, or has been, downloaded to your Device, including, without limitations, application stores operated and developed by Apple Inc. (Apple App Store®) and Google Inc. (Google Play Store™).
Community refers to each common interest section of the OneRoof Application. By way of example, but not limitation, a community may exist for (1) a specific apartment building on OneRoof (an “Apartment Community”) or for (2) a specific geographic area of interconnected Apartment Communities (a “Neighborhood Community” or “Shire”).
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by you or to you, regardless of the form of that content.
Country refers to the United States.
Device means any device that can access the Application including but not limited to a computer, cellphone, or a tablet.
Family Sharing or Family Group means any manner in which you may share applications downloaded through any Application Store with other friends, family members, or third parties by allowing them to view and download each other’s' eligible Applications to their associated Devices.
Third-Party Services means any services or content (including data, information, applications and other products or services) provided by a third-party that may be displayed, included, or made available by, on, or through the Application.
3. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You agree that it is your responsibility to review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of these Terms at: https://www.oneroofapp.com/terms-and-conditions
4. YOUR ACCOUNT
When you installed, purchase, or in any way otherwise opted to use the Site and/or Application, you were given a reasonable notice that these Terms existed. By moving forward with your use of the Application, Site, or Services, you implicitly agreed and continue to agree to abide by these Terms as well as any disclaimers and privacy disclosures contained in these Terms.
5. ELIGIBILITY
You may only register for an OneRoof account if you are legally permitted to, and do, live in the United States or one of its territories or live in an area within British Columbia, Canada where OneRoof is made available by us.
You must be at least 18 years of age to use our Site, Application, and Services. You represent, warrant, and agree that you are at least 18 years old or of age before using or attempting to access any of the Services. If you are younger than 18 but above the required age for consent to use online services where you live (for example, 16 in Ireland), you may not access the Site, Application, or Services, but you may invite a parent or guardian over the age of 18 to open an account. If you are below the applicable age of consent to use online services, you may not access the Site, Application, or Services under any circumstance. If we discover that you have done so in violation of these Terms, we reserve the right to terminate your account and access to the Site, Application, and Services, including, without limitation, any associated accounts or access attempts that we may have reason to believe, in our sole and exclusive discretion, may be connected or in any way related to your attempts to access the Site, Application, or Services. Access to Our Site, Application, Services, or related materials by a minor is a violation of use, and we reserve the right to terminate your access if any such an issue is discovered.
OneRoof’s Site, Application, and Services are for personal use only and are not to be used on behalf of other individuals or entities. Accordingly, if you attempt to use or access the OneRoof Site, Application, or Services on behalf of a legal entity, you represent and warrant that: (a) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, (b) you are authorized by such legal entity to act on its behalf, and (c) you agree to be jointly and severally liable with such entity for any acts or omissions by that entity, whether directly or indirectly, through your conduct or otherwise, in connection with that entity’s use of, or access to, the OneRoof Site, Application, or Services.
If you use our Site, Application, or Services on behalf of another person or entity, you and they will be doing so in violation of these Terms. In such event,(a) all references to "you" throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person's or entity's behalf, and (c) in the event you or the person or entity violates these Terms, both you and that person or entity agrees to be responsible to us as set forth by these Terms.
Additionally, in order to use the Services, you must not: (a) have previously been suspended or removed from using the OneRoof Site, Application, or Service and (b) be violating any other agreement to which you are a party by agreeing to these Terms.
By joining a OneRoof Community within the Application, including, without limitation, an Apartment Community or Neighborhood Community, you represent and warrant that you are a member of that Community at the time that you join it, and that should you ever cease to be a member of that Community, you will immediately update your OneRoof account information to remove yourself from such Community or delete your OneRoof account.
For the avoidance of doubt, if you join a OneRoof Community, you represent and warrant that you maintain your permanent residence in that Community, and that at any such time as you may cease to maintain your permanent residence in such Community, you will immediately remove yourself from that Community. Under no circumstances are you permitted to access an Apartment Community if you are a member, employee, or agent of the management of the building for which such Apartment Community exists. You understand, acknowledge, and agree that violating this section, in whole or in part, is a material breach of this Agreement and, because OneRoof is a trust-based community, would subject OneRoof to irreparable harm. Accordingly, you agree that in such event, among other relief, OneRoof is entitled to injunctive relief to enjoin you from accessing, whether directly or indirectly, any OneRoof Community or Content contained therein. You hereby waive all rights to object to same or to use any such improperly accessed content in any action, proceeding, or similar.
We reserve the right to reclaim OneRoof account usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, to those usernames.
You acknowledge, understand, and agree that if OneRoof brings an action to enforce its rights under this agreement against you or any other person or entity upon whose behalf you have acted, OneRoof is entitled to recover its reasonable attorneys' fees and costs from you for any such action.
OneRoof reserves the right to remove any user from any Community at any time or to transfer a member to a different Community(s) at any time, without notice. OneRoof reserves the right, but does not undertake a duty, to respond to user reports and to take any action thereupon that OneRoof deems necessary or appropriate. By way of example but not limitation, OneRoof may suspend or terminate your license to access the Site, Application, or Services in response to a report including, inter alia, a report that you are no longer a member of a Community that you maintain access to, one or more user flags on Content that you have transmitted in a OneRoof Community, a report that your account information is or was at any time inaccurate, fraudulent, fake, impersonating, misleading, infringing, or misrepresentative, or that you have otherwise violated this Agreement or any OneRoof policy.
You agree to keep, at all times, your OneRoof account information and personal information that is shared and stored with OneRoof up to date and accurate at all times, including your first name, last name, complete physical address, including apartment number where applicable, and email address.
6. INTELLECTUAL PROPERTY
Any and all materials, paid or free, that you access on the Site, Application, Services, or on any related domains that contain the Site, Application, or Services are under the sole ownership or licensed use of OneRoof App, Co.
For the avoidance of doubt, we own, without limitation, our page layout and design, overall look and appearance, individual graphics, icons, videos, written material, logos, taglines, and trademarks (common law or federally registered). You are not allowed to reproduce any part of our Site, Application(s), Services, program(s), product(s), service materials, code base, related communications.
7. LIMITED LICENSE
The Site, Application, and Services, including the text, graphics, images, photographs, videos, illustrations and other Content contained therein, except as set forth elsewhere in this Agreement (including Section 12 hereunder) are owned by OneRoof or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Site, Application, and Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted limited, non-transferable, non-exclusive, revocable license, for non-commercial use only, to access certain Content or materials in the Site, Application, or Services that you have paid for or otherwise opted to receive or access and that we make available to you. You acknowledge that if you exceed the scope of this license, as determined by a legal authority such as a court of law or the Trademark Trial and Appeals Board, you have committed infringement in a manner that materially harms us, and we have and reserve the right to seek damages and/or an injunction to remedy the situation until we are made whole.
You may:
• Access the Site or Application for your personal use;
• Download and/or print any Site or Application materials for your personal use;
• Use Our trademarks and copyrighted materials, provided that you have our prior, express, written consent to do so, and provided further that you furnish proper credit, marking, and attribution – namely, citing OneRoof App, Co.© as the source of the materials – and marking any federally registered trademarks with ® or common law trademarks with ™ in accordance with the below.
You may not:
• Sell, resell, trade, assign, delegate, or otherwise share your access to the Site, Application, or Services;
• Share the Site or Application with anyone else who has not yet installed, purchased, or opted in to receive it;
• Reprint or republish any of the Site or Application, in whole or in part;
• Distribute any of the materials contained in the Site or Application or related materials or communications or otherwise representing same as your own;
• Reproduce, alter, edit, remix, or in any way create a derivative of any part of the Site or Application;
• Claim ownership of, or right to use, any of our intellectual property without our prior, express, written consent;
• Create more than one OneRoof account;
• Transfer your OneRoof account to another user;
• Attempt to obtain the password, account information, or other security information of another OneRoof user; or
• Attempt to use another user's account without authorization from that user and OneRoof;
• Use our Site or Application or any related materials or communications in an unlawful way or for any illegal or unlawful purpose.
8. COPYRIGHT AND INTELLECTUAL PROPERTY COMPLAINTS
You may report alleged intellectual property rights violations to OneRoof by email to support@oneroofapp.com with the subject line “DMCA/IP Notice”.
In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Site, Application, or Services infringes any copyright that you own or control, you may notify OneRoof’s designated agent via email, by using the subject line “DMCA/IP Notice” in your email, as follows:
Designated Agent: OneRoof Copyright Agent
Email: support@oneroofapp.com
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Site, Application, or Services is infringing, you may be liable to OneRoof for certain costs and damages.
9. TRADEMARKS
OneRoof, OneRoofApp, and the OneRoof logos are trademarks of OneRoof App, Co. and may not be copied, imitated, or used, in whole or in part, without our express, prior, written permission. In addition, our products or service names, slogans, the look and feel of our websites and app, including, without limitation, all page headers, custom graphics, button icons and scripts, are our service marks, trademarks, and trade dress may not be copied, imitated or used, in whole or in part, without our express, prior, written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the OneRoof Site, Application, or Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
10. CIVIL AND CRIMINAL PENALTIES
Even though our Site and Application are not necessarily something you can physically hold in your hand and walk away with, it may nevertheless be considered theft to steal or infringe upon our rights therein. We reserve the right to prosecute infringers to the fullest extent allowed by applicable law, whether criminal, civil, administrative, or otherwise, in any jurisdiction allowed.
11. CHOICE OF LAW, JURISDICTION, AND VENUE
By accessing the Site, Application, or Services, or by opting into, purchasing, or using the Site, Application, or Services, you explicitly and irrevocably consent to personal jurisdiction of, and exclusive venue in, the federal and state courts located in and serving New York County, New York, for any dispute arising out of, in connection with, or otherwise pertaining to this Agreement or your use of or access to the Site, Application, or Services or any related materials or communications. Consistent with the foregoing, and for the avoidance of doubt, you expressly agree that these Terms are to be interpreted and construed exclusively in accordance with the laws of the State of New York and the Federal laws of the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions), and you agree that you waive all rights to raise any dispute or seek redress in any forum or under any other laws other than those set forth hereunder.
You agree that any dispute arising out of, in connection with, or otherwise pertaining to these Terms, or your use of or access to the Site, Application, or Services is to be governed exclusively by the laws of the State of New York, excluding its conflicts of law provisions. In the event of any dispute arising out of, in connection with, or otherwise pertaining to these Terms, or your use of or access to the Site, Application, or Services that is not subject to binding arbitration, you and we agree to submit to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving New York County, New York as the legal forum for any such dispute. You and OneRoof acknowledge and agree that we are each waiving the right to a trial by jury as to all disputes arising out of, in connection with, or otherwise pertaining to this Agreement and to your use or access to the Site, Application, or Services.
12. YOUR MATERIALS AND CONTRIBUTIONS
By submitting a comment, photo, video, or other material(s) or Content onto any Site or Application or platform owned or maintained by us, including, without limitation, any third-party access sites, such as our social media group(s) or pages or online platforms we use to distribute our Site or Application and related materials, you give us permission, in the form of an irrevocable, non-exclusive, transferable, sub-licensable, royalty-free, and universal license, to use, copy, and publish your materials, Content, and contributions on the legal basis of your consent you give by posting and as otherwise described in our Privacy Policy. For the avoidance of doubt, such license extends to, without limitation, any communications, questions, comments, suggestions, ideas, original or creative materials, or other information transmitted from you to us, whether directly or indirectly. For the further avoidance of doubt, you agree that we may use same for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you – though you agree that we may elect, but are not obligated, to provide acknowledgement or attribution without compensation – including, without limitation, to develop, copy, publish, or improve the OneRoof Site, Application, or Services. You understand that OneRoof may treat Feedback as nonconfidential.
Do not provide us with any Content that you don’t have the right to publish, or that is defamatory, infringing, illegal or otherwise tortious. We do not proactively moderate material posted by you or our users, but we can remove materials posted by you, suspend, delete or deactivate your account or limit privileges, or otherwise refuse service to you, for any reason or if you violate this Agreement or our other policies, infringe upon the intellectual property of us or of others, or otherwise engage in behavior that we deem, in our sole and exclusive discretion, may harm us, our users, our community, our business, our Site, our Application, or our Services.
You represent and warrant that you own the copyright to any image(s) you use – by default or voluntarily, on our platforms or in our Site or Application or related materials – free and clear of any and all third-party claims. You grant us a commercial license to any image(s) You submit to us by default, including, without limitation, your Facebook profile photo or other profile image you voluntarily provide in accessing the Site or Application, or voluntarily upon our request. You agree that we may use any such image and likeness of yours – whether provided voluntarily, by default, or otherwise – for any reasonable business use.
13. NOTIFICATION OF USE
We are not obligated to notify you or anyone in photographs of our publication or other use of any image or images you submit, whether by default, voluntarily, or otherwise.
14. SECURITY AND ASSUMPTION OF RISK SECURITY
It is your responsibility to secure your username and password from theft or any other means of unauthorized use or access that would violate these Terms. We do not store any whole credit card numbers or payment information. Instead, if and where applicable, these are processed through third-party processors such as Stripe, PayPal, or otherwise. By utilizing these payment processors to gain access to the Site or Application, you agree to indemnify and hold harmless to the fullest extent permissible under applicable law us and instead assume all risk and liability for the security of the payment details and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.
15. CONFIDENTIALITY
No right to confidentiality of any kind is contemplated for you under these Terms unless explicitly stated or otherwise agreed upon implicitly as expressly mandated by law or legal duty.
16. ASSUMPTION OF RISK
By accessing our Site or Application and/or related materials, whether paid or unpaid, you assume all the risk of your access and any subsequent acts or omissions you take as a result of, or otherwise in connection with, the influence, information, or materials provided to you.
17. YOUR COMMUNICATIONS
Any communications made through, without limitation, our Site, Application, social media, any of our contact channels or pages, our blog, blog or social media comments or messages, newsletter sign up, or other related pages, or directly to us whether digitally, in hardcopy format, or otherwise is not privileged or confidential and may be subject to viewing and distribution by third parties. We own, without limitation, all communications displayed on or transmitted through our Site, Application, servers, social media, comments, emails and other media. Notwithstanding the foregoing, you agree to indemnify and hold harmless, to the fullest extent permissible under applicable law, us from all liability, loss, damage, claim, expense, cost, fine, fee, penalty, obligation, or injury including, without limitation, those resulting from any and all actions, suits, proceedings, demands, assessments, judgments, award or arbitration, together with reasonable costs and expenses including reasonable attorneys’ fees and other legal costs and expenses relating thereto that may arise out of, in connection with, or otherwise pertain to communications you have made as contemplated hereunder.
We do not and will not give credit or pay royalties for, without limitation, unsolicited user-generated content such as blog or social media comments, reviews, or tags. For more information on when and how we store and use your communications or any data provided by You in those communications, please refer to Our Privacy Policy.
We maintain a right to republish any submission in whole or in part as we may deem necessary, appropriate, or beneficial in the course of our business.
18. RULES REGARDING YOUR CONTENT
While much of the Content on the Site and Application is provided by you and other users, OneRoof is committed to providing you with a safe and open forum for common interest interaction with others in your Community. Therefore, you agree not to submit any Content or communications that could be illegal, serve an unlawful purpose, or be harmful, including, without limitation, communications that are potentially libelous or maliciously false, infringing on any intellectual, privacy, or proprietary right of any party, obscene, pornographic, lewd, suggestive, harassing, threatening, abusive, negligent, invasive of privacy or publicity rights, inflammatory, or otherwise disrespectful or inappropriate, or any content or communications that is fraudulent, misleading, false, may encourage deceptive activity, or would otherwise constitute duplicitous behavior, exposes OneRoof, its users, or others to harm or liability, would constitute, encourage, or provide instructions for a criminal offense, include statements or claims not representing the publisher’s honest views and experiences, contains unsolicited marketing promotions, political campaigns, advertisements, or solicitations, contains viruses, corrupted data, or other harmful, disruptive, or destructive files, or contains any private information of any third parties, including addresses, phone numbers, and payment card information. You further agree to honor and abide by the following rules:
1. You agree not to contribute any Content or materials determined to be, in our sole and exclusive discretion, defamatory, discriminatory, or mean-spirited, including, without limitation, references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or targeted groups;
2. You agree to refrain from contributing Content or commentary determined to be, in our sole and exclusive discretion, defamatory, discriminatory, or mean-spirited, including, without limitation, references or commentary that negatively targets or singles out one or more OneRoof users, whether in a Chat room or a Direct message in the Application.
3. You agree to refrain from contributing Content that is unlawful or promoting unlawful activity;
4. You agree not to engage in spamming, bot usage, machine- or randomly-generated activity, unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling, fraud, or otherwise disruptive manipulation;
5. You agree not to contribute any Content or materials containing or installing, without limitation, any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, servers, firmware, or telecommunications equipment or to damage or obtain unauthorized access to any data of other information of any third party;
6. You agree not to contribute any Content or materials that we, in our sole and exclusive discretion, could reasonably perceive as threatening to do harm to anyone in any manner;
7. You agree not to contribute Content or materials embodying the confidential or personal information of another;
8. You agree not to contribute Content or materials that could be construed, in our sole and exclusive discretion, to be sexually explicit;
9. You agree to refrain from contributing Content that is, in our sole and exclusive discretion, sexual or suggestive involving minors;
10. You agree to refrain from impersonating another;
11. You agree to refrain from impersonating OneRoof, misrepresenting your relationship with OneRoof in any way, including, without limitation, through use or misappropriation of OneRoof Content, imagery, logos, or otherwise;
12. You agree not to promote self-interests, including interests of business and development.
OneRoof assumes no responsibility to actively monitor user Content and does not endorse any user Content. Although OneRoof has no obligation to screen, edit, or monitor user Content, we may delete or remove user Content at any time and for any reason with or without notice.
19. ENFORCEMENT
As part of our commitment to you and OneRoof users, we may enforce our rules by measures including notification to you, removal of your Content or materials, temporary or permanent suspension of your account or access to the Site and Application, restricting your account, or permanently banning you, including any accounts that we deem associated or affiliated with your account, from our Site and Application based on the severity, as we may determine in our sole and exclusive discretion, of your breach.
If you breach these Terms in any matter, we reserve the right to suspend or terminate your right to access the Site, Application, or Services. Enforcement of this section is solely at our discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this section does not create any private right of action on the part of any third party or any reasonable expectation that the Site, Application, or Services will not contain any content that is prohibited by our rules.
20. USER TRANSACTIONS
In the event that you use the Site or Application for any transactional features (such as posting items for sale or free for other users), you are responsible for your own decisions and actions. In addition, such use does not make us an employer, placement agency, representative, or agent of or for you or any other user. We are not a party to any transactions or disputes between OneRoof users. If you write a recommendation or other comment about a transaction with another or their business (for example, a recommendation of a tutor), you agree to be truthful, fair, and neighborly in your comments and to not post any of their personal information (e.g., address, mobile number, or photos) without their permission.
21. DISPUTES BETWEEN USERS
If you have a dispute with another user, we hope that you will be able to work it out amicably. If you are unable to do so, please understand that we are not responsible for the acts or omissions of our users. Accordingly, to the maximum extent permissible under applicable law, you release us (including, without limitation, our officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands, damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, whether threatened or actual.
If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or releasing party.”
22. DISCLAIMERS
Our Application, Site, Services, and related materials are provided for communication and informational use only. You agree to indemnify and hold harmless OneRoof for any direct or indirect loss or conduct incurred in connection with your use of our Site, Application, or Services and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).
The Site and Application are updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. You expressly acknowledge, understand, and agree that any information or knowledge you gain as a result of using our Site or Application is at your own risk. If you should see any errors or omissions and would like to let us know, please email Us at hello@oneroofapp.com.
23. GENERAL DISCLAIMER
To the fullest extent permitted under applicable law, we expressly exclude and disclaim, and you agree to exclude and disclaim us from, any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with our Site, Application, or Services including, without limitation, any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time, and for any other loss or damage of any kind, however, wherever, threatened or actual, and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. The Site, Application, and Services are for communication, informational, and entertainment purposes only. None of the Site, Application, Services, or related material(s) should be construed as medical, legal, or financial advice.
24. THIRD PARTY DISCLAIMER
You acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including you. By accessing the Site, Application, Services, or any Content contained, generated, or stored thereon, whether directly or indirectly, you expressly agree that you waive all rights to any pre-action disclosure regarding any OneRoof user.
25. WARRANTIES DISCLAIMER
YOU AGREE THAT SITE, APPLICATION, AND RELATED SERVICES AND MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE AND/OR APPLICATION WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITE OR APPLICATION, OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT, OR SERVICES MATERIALS, OR ON THIRD-PARTY SITE OR APPLICATIONS IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
26. TECHNOLOGY DISCLAIMER
We make commercially reasonable efforts to provide you with modern, reliable technology, software, and platforms from which to access our Site, Application, Services, and related material(s). In the event of a technological failure, you accept, acknowledge, understand, and agree that we are in no way responsible for said failure, and while we will make commercially reasonable efforts to support your access to the Application as, and to the extent, contemplated under these Terms subject to your license thereto, some technological issues are far outside our control and may require you to access support from a third-party provider.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR: (A) ANY INCOMPATIBILITY BETWEEN THE SITE OR APPLICATION AND ANY SITE, SERVICE, SOFTWARE OR HARDWARE; OR (B) ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE SITE OR APPLICATIONS.
27. TRANSFER AND PROCESSING DATA
In order for us to provide the Site, Application, and Services, you agree that we may process, transfer, and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
28. GUIDELINES FOR LAW ENFORCEMENT AGENCIES
If you are a law enforcement agency, we may work with you consistent with applicable law to assist in ongoing matters related to alleged violations of the law.
29. ERRORS AND OMISSIONS
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information in our Site, Application, or Services. We are not liable for any inaccuracies, errors, or reliance on personal opinions contained in our Site, Application, Services or related material.
30. INDEMNIFICATION
You agree at all times to indemnify and hold harmless, to the fullest extent permissible under applicable law, OneRoof, its affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable (collectively “Indemnified Parties”), from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, whether threatened or actual, including legal fees and expenses, arising out of or related to out Site, Application, and Services.
31. LIMITATION OF LIABILITY
We will not be held responsible or liable in any way for the information, products, or materials that you request or receive through or in relation to our Site, Application, or Services. We do not assume liability for any third-party conduct, accidents, delays, harm, or other detrimental or negative outcomes as a result of your access of our Site. Application, or Services and related material(s).
UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, THE SITE OR APPLICATION OR ANY CONTENT OR FUNCTIONS THEREOF; OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR APPLICATION OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING REASONABLE ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE SITE OR APPLICATION OR $100.00.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS HEREIN AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO OUR ABILITY TO MAKE THE SITE OR APPLICATIONS AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, AND YOU EXPRESSLY WAIVE ANY RIGHTS, REMEDIES, OR DEFENSES IN CONNECTION WITH SAME.
32. AFFILIATES
This Site, Application, or Services may use affiliate links to sell, market, or share certain products or services. We disclaim all liability as a result of your purchase through one of these links. You accept express liability for any and all consequences or benefits of clicking any affiliate link contained on the Site, Application, Services or related communications.
33. INTEGRATIONS
The Site, Application, or Services may integrate or interact with other third party sites or services to improve the Site, Application, or Services or to offer additional features or functionality. You agree that we may share your information with such third parties for the purpose of enabling such additional features and functionality. You may opt out of the use of such features or functionality at any time. By way of example but not limitation, OneRoof integrates with a third party to allow you to receive SMS alerts and reminders about neighbor events. You may unsubscribe from these alerts and reminders at any time by replying STOP to any such SMS.
34. SUSPENSION / TERMINATION
OneRoof may revoke or terminate your license to access or use the Site, Application, or Services for any reason without notice at our sole and exclusive discretion for any reason. Without limiting the generality of the foregoing, we may revoke or terminate the license if you:
1. Breach any obligation in these Terms or in any other agreement between you and us;
2. Violate any policy or guideline applicable to the Site, Application, or Services, or any other OneRoof product or service;
3. Use our Services other than as specifically authorized in these Terms, without our prior written permission. You agree to stop accessing, using, or attempting to access or use the OneRoof Site, Application, and Services immediately if we suspend or terminate your license to access or use same;
4. Remain in a Community of which you are no longer a member, as contemplated under these terms. By way of example, but not limitation, if you stay in a OneRoof Apartment Community after moving out of the building for which that Apartment Community was created and or maintained, your remaining in that Apartment Community is a violation of these Terms. Although OneRoof does not actively monitor Community membership unilaterally,
OneRoof reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the OneRoof Site, Application, or Services during suspension or after termination. You agree that OneRoof is entitled to recover its reasonable attorneys' fees and court costs from you for any action arising out of, in connection with, or otherwise pertaining to the Terms or your use of or access to the Site, Application, or Services or attempts to use or access same.
The terms in this section will remain enforceable against you while your license to access or use the Site, Application, or Services is suspended and will continue to survive after such license is terminated.
In addition to the foregoing, if at any time, we feel, in our sole and exclusive discretion, that you have violated any of these Terms, we reserve the right to immediately terminate your use of, and access to, our Site, Application, or Services and any related communications as we may deem necessary or appropriate. It is within our sole discretion to allow any user’s access to our Site, Application, or Services, and we may revoke such access at any time for any reason, without notice, and we may further block your IP address and related IP addresses from further visits or attempts to access our Site, Application, or Services.
Subject to the provisions of these Terms and the OneRoof Privacy Policy, you may terminate your OneRoof account in accordance with the account termination procedures set forth in the OneRoof Application.
35. TERM
This Agreement remains in effect until either you or we terminate the Agreement in accordance with these Terms. All terms contained herein that, by their nature, can survive the termination of this Agreement shall survive termination of this Agreement.
36. LEGAL MANDATES
OneRoof may take any action it determines is reasonably necessary or appropriate to comply with applicable law, legal process, a subpoena or other lawful discovery request, or the order or request of a court, law enforcement, or other administrative agency or governmental body.
37. NON-DISPARAGEMENT
If you are found to be slandering, libeling, or otherwise disparaging OneRoof, our Site, our Application, our Services, or related materials, or any OneRoof user in the Application, we reserve all rights to immediately suspend or terminate your account or access to the Site, Application, or Services and any communications made thereon. We further reserve all rights to file claims, whether civil or otherwise, against you for any actions you may take that materially harm OneRoof.
38. NO WAIVER
Any failure by OneRoof to timely exercise any right, power, or remedy provided under this Agreement or otherwise available to OneRoof in respect hereof at law or in equity, or to insist upon compliance by any other party with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by OneRoof of its right to exercise any such right or other right, power, or remedy, or to demand compliance.
39. ENTIRE AGREEMENT
This Agreement – including all agreements and policies incorporated herein, explicitly and by reference, including, without limitation, the OneRoof Privacy Policy – contains the entire agreement and understanding of the parties hereto with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, inducements, and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede and course of performance and/or usage of the trade inconsistent with any of the terms hereof. The information contained herein constitutes the entire agreement between you and OneRoof relating to the use of the Site, Application, and Services.
40. CONSENT
By using our Site, Application, or Services, you hereby consent to this Agreement and the OneRoof Privacy Policy.
41. ALL RIGHTS RESERVED
All rights not expressly granted in these Terms and our Privacy Policy are reserved by OneRoof.
42. SEVERABILITY
Any part, provision, representation, or warranty in this Agreement or the OneRoof Privacy Policy that is held by a court of competent jurisdiction to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement or the OneRoof Privacy Policy. Any part, provision, representation or warranty of this Agreement that is prohibited or unenforceable or is held to be void or unenforceable in any jurisdiction shall be ineffective, as to such jurisdiction, to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. To the extent permitted by applicable law, the parties hereto waive any provision of law that prohibits or renders void or unenforceable any provision hereof. If the invalidity of any part, provision, representation, or warranty of this Agreement shall deprive any party of any economic benefit intended to be conferred by this Agreement, the parties agree to negotiate, in good faith, to develop a structure, the economic effect of which shall be as close as possible to the economic effect of this Agreement without regard to such invalidity.
43. CONTACT INFORMATION
If you have any questions about any term of these Terms of Use, please contact us at hello@oneroofapp.com.
