ROCKER ROOMMATE
TERMS OF USE
Last updated on 10/14/2022
Our Cookie Policy, Membership, Safety Tips, Terms of Use and Privacy Policy are incorporated by reference herein, and can be found in the Footer of the Website.
ACCEPTANCE OF TERMS.
These Terms of Use constitute an agreement among you (“basic member,” “full member,” “you,” “your,” “user”) and the owner and operator of the Website (“Rocker Roommate” c/o agent, Home For Sale Miami, FL, Inc, “we,” “us,” “our,” and “Company”) located at https://www.RockerRoommate.com (the “Site,” “Website”). Please read these Terms of Use (“TOU”) carefully to be sure that you understand them.
The Site is owned and operated by the Company to deliver a service for adults to easily communicate “strike-up a conversation” online, worldwide, with other adults to either list residential and commercial property for rent or locate residential or commercial property for rent, and for the Company to offer related products and services. Additionally, the Company provides a collection of online resources, including classified ads, user profiles, and various communication services such as email services, (“the Service”) subject to the following TOU. By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using our Services, you agree to abide by any applicable posted guidelines for all our Services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of our Service. The Company has the right, but is not obligated, to strictly enforce the TOU through self-help, community moderation, active investigation, litigation, and prosecution.
OUR AUDIENCE.
Rocker Roommate is intended for individuals who are at least 18 years old and need to find a roommate for a shared living unit. Persons under the age of 18 are prohibited from using the Website and/or creating Rocker Roommate accounts, such as, but not limited to property listings.
You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and
competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the TOU, and to abide by and comply with the TOU. In addition, you affirm that you have not been previously suspended or removed from the Services and do not have more than one Rocker Roommate account. You affirm that you are not a landlord or other apartment owner or lessor who is attempting to rent a space to anyone other than someone who wants to share your living unit with you.
MODIFICATIONS.
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 must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU in the Footer of the Website.
CONTENT.
You understand and agree that all ad postings, user profiles, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. Moreover, you agree that you are entirely (100%) liable and responsible for each individual item (“Item”) of Content that you post (or caused to be posted), email, or otherwise make available via the Service. You understand and agree that the Company does not control and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, our website contents available through the Service may contain links to other websites, which are completely independent of the Company and Company’s Website. We make no representation or warranty whatsoever as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other website is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will the Company be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, communicated, or otherwise made available via the Service. You understand and agree that we do not pre-screen or approve Content, but that we shall have the right (but not the obligation) in our sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
THIRD PARTY CONTENT, SITES, AND SERVICES.
The Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of the Company and Company’s Website, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. You understand and agree that your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You must make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You understand and agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that the Company is under no obligation to become involved in any way whatsoever. In the event that you have a dispute with one or more other users, you hereby release and indemnify, Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.
PRIVACY AND INFORMATION DISCLOSURE.
The Company established a Privacy Policy to explain to users how their information is collected and used, which can be found in the Footer of the Website. Your use of the Company’s Website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that we may, in our sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce the TOU; (3) respond to claims that any Content violates the rights of third parties; (4) respond to claims that contact information (e.g., phone number, street address) of a third party has been posted or transmitted without their consent or as a form of
harassment; and (5) protect the rights, property, or personal safety of users or the general public.
CONDUCT.
You agree not to post, communicate, email, or otherwise make available Content that:
(1) is unlawful, vulgar, indecent, harmful, threatening, abusive, obscene, harassing, defamatory, libelous, invasive of another’s privacy, considered profane language, will incite imminent danger, or is harmful to the general public and minors in any way;
(2) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of political affiliation, religion, gender, race, ethnicity, age, or disability;
(3) violates or discriminates against any race, color, national origin, religion, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
(4) impersonates any person or entity, including, but not limited to, a Company employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
(5) includes personal or identifying information about another person without that person’s explicit consent;
(6) is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
(7) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(8) constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
(9) constitutes or contains any form of advertising or solicitation if: posted in areas of the Company’s Website which are not designated for such purposes; or emailed or communicated to users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests;
(10) includes links to commercial services or web sites, except as allowed in “Services”;
(11) advertises any illegal service or the sale of any items, the sale of which is prohibited or restricted by any applicable law, including without limitation items, the sale of which is prohibited or regulated by law;
(12) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(13) disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
(14) employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
(1) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
(2) “stalk” or otherwise harass anyone;
(3) collect personal data about other users for commercial or unlawful purposes;
(4) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by the Company;
(5) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
(6) post the same item or service in more than one category or in more than one metropolitan area;
(7) attempt to gain unauthorized access to the Company’s servers or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Company’s Website;
(8) use any form of automated device or computer program that enables the submission of ad postings on our Website without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals; and
(9) use any form of automated device or computer program (“flagging tool”) that enables the use of Company’s “flagging system” or other community moderation systems without each flag being manually entered by the person that initiates the flag (an “automated flagging device”), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates the TOU.
POSTING AGENT.
A “Posting Agent” is a third party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on the Company’s resources, you may not use a Posting Agent to post Content to the Service without express permission or license from us. Correspondingly,
Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from the Company.
NO SPAM POLICY.
You understand and agree that sending unsolicited email advertisements to the Company’s email addresses or through the Company’s computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in United States. Any unauthorized use of our computer systems is a violation of these Terms and applicable federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
LIMITATIONS ON SERVICE.
You acknowledge that the Company may establish limits concerning the use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that the Company has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that we reserve the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
ACCESS TO THE SERVICE.
The Company grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (1) access to the Service by Posting Agents; or (2) any collection, aggregation, copying, duplication, display or derivative use of the Service, nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by the Company. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specializes in
classified listings or in any subset of classifieds listings which is in the business of providing classified ad listing services.
The Company permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds twenty-five (25) postings, your use will be presumed to be in violation of the TOU, absent express permission granted by the Company to do so. You may also create a hyperlink to the home page of the Company’s Website so long as the link does not portray our site, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
The Company offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. The Company permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that: (a) your use of the RSS feed is for personal, non-commercial purposes only; (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it; (c) you provide, adjacent to the RSS feed, proper attribution to ‘https://RockerPartner.com’ as the source; (d) your use or display does not suggest that the Company promotes or endorses any third party causes, ideas, web sites, products or services; (e) you do not redistribute the RSS feed; and (f) your use does not overburden the Company’s systems. We reserve all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by the Company immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from the Company.
TERMINATION OF SERVICE.
You agree that the Company, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if we believe that you have acted inconsistently with the letter or spirit of the TOU.
Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service, or cause others to use the Service on your behalf after said termination.
PROPRIETARY RIGHTS.
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. You agree that any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of the Company. You further agree not to reproduce, duplicate, or copy Content from the Service (Website) without the express written consent of the Company, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer, or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any aspect of the Service. The Company is filing for a registered mark in the U.S. Patent and Trademark Office. The Company claims ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, and do grant to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.
Furthermore, by posting Content to any public area of the Service, you automatically grant the Company all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
DISCLAIMER OF WARRANTIES.
YOU AGREE THAT USE OF THE WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. OUR WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF OUR WEBSITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR SITE OR THE SITES OR SERVICES OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH OUR SITE OR THE SERVICE AND YOUR USE OF THE SERVICE.
LIMITATIONS OF LIABILITY.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF OUR WEBSITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, FROM INABILITY TO USE OUR WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF OUR WEBSITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER WEBSITES, SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR WEBSITE OR OUR SERVICE OR ANY LINKS ON OUR WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR WEBSITE, OUR SERVICE OR ANY LINKS ON OUR WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
INDEMNITY.
You agree to indemnify and hold the Company, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit (or caused to be submitted), post or make available through the Website and Service, your use of the Website and Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
VIOLATION OF TERMS AND LIQUIDATED DAMAGES.
Please report any violations of the TOU, by flagging the posting(s) for our review by contacting us. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify on the onset, if it becomes necessary for the Company to pursue legal action to enforce these TOU, you will be liable to immediately pay us $1,000.00 US as liquidated damages per each occurrence found at our sole discretion, directly out of any credit card on file, or any other lawful way, which you accept as the reasonable estimate of the Company’s damages for the specified breaches of these TOU:
a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay the Company liquidate damages for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures. b. If the Company establishes limits on the frequency with which you may access the Service or terminates your access to or use of the Service, you agree to pay the Company the appropriate liquidated damage for each message posted in excess of such limits or for each day on which you access the Website and or Service in excess of such limits, whichever is higher. c. If you send unsolicited email advertisements to the Company, or Company’s users, email addresses or through the Company’s computer systems, you agree to pay the required liquidate damages for each such email. d. If you post Content in violation of the TOU, other than as described above, you agree to pay the Company the liquidate damage for each Item of Content posted. In Company’s sole discretion, we may elect to issue a warning before assessing or collecting the liquidated damages. e. If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay the Company liquidated damages for each and every Item you post in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay the Company liquidated damages for each Item posted by the Posting Agent on behalf of the Principal in violation of the TOU.
f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without the Company’s express written permission, you agree to pay the Company liquidated damages for each day on which you engage in such conduct. Otherwise, you agree to pay the Company actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the TOU, the Company retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or any combination thereof.
SEVERABILITY.
If any provision of the TOU is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the TOU, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. This TOU is effective unless and until terminated by either you or us. You may terminate the TOU at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of the TOU, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT.
The failure of us to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. The TOU and any policies or operating rules posted by us on the Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior
versions of the TOU). Any ambiguities in the interpretation of the TOU shall not be construed against the drafting party.
GOVERNING LAW.
The TOU and any separate agreements whereby we provide you with the Website and/or Services shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of law’s provisions. You consent to submit to the personal and exclusive jurisdiction and venue in the state and federal courts sitting in Miami-Dade County, Florida, for all disputes, claims and actions arising from or in connection with the TOU, use of https://www.RockerRoommate.com and Services. We operate the Services from Miami-Dade County, Florida, and make no representation that the Services are appropriate or available for use in other locations.
CHANGES TO TERMS OF USE.
You can review the most current version of the TOU at any time at the Footer of the Website. We reserve the right, at our sole discretion, to update, change or replace any part of the TOU by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or Service following the posting of any changes to the TOU constitutes acceptance of those changes.
FULL FORCE AND EFFECT.
The Terms and all provisions hereof, will continue in full force and effect as the legal, valid, and binding rights and obligations of each party, and is enforceable in accordance with its Terms.
ATTORNEY FEE.
In any demand, pre-litigation, arbitration, mediation, litigation, appeal, or any other proceeding by which one party either seeks to enforce its rights under the TOU (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under these Terms, the prevailing party shall be awarded its reasonable attorney fees, costs, and expenses incurred.
NOTICE.
Notices under the TOU are invalid unless given or served in writing and forwarded by First Class, Certified U.S. Mail, postage prepaid, addressed to the party at the appropriate address described in the Website. Notices mailed in
accordance with these provisions shall be deemed received on the 5th business day after the postmark.
CONSULT AN ATTORNEY.
We advise that all users consult with an attorney before using https://www.RockerRoommate.com or paying for our Services.
VOLUNTARY EXECUTION.
Users of https://www.RockerRoommate.com and Services acknowledge that they: (1) made use of and/or paid for our Services knowingly and voluntarily; and (2) had a reasonable period of time to consider the TOU.
EFFECTIVE DATE.
The effective date of the TOU and Services starts when user accesses or makes any use of https://www.RockerRoommate.com or Service.
TIME IS OF THE ESSENCE.
Time is of the essence with respect to all provisions of the TOU and Services.
NO CLASS ACTION.
TO THE EXTENT ALLOWED BY LAW, YOU AND COMPANY “US” EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASS WIDE BASIS AS IT RELATES TO OUR WEBSITE AND OUR SERVICES; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
JURY TRIAL.
TO THE EXTENT ALLOWED BY LAW, YOU AND COMPANY “US” EACH WAIVE ANY RIGHT TO ARBITRATION AS IT RELATES TO OUR WEBSITE AND SERVICES.
THIRD-PARTY BENEFICIARY RIGHTS.
The TOU creates no third-party beneficiary rights.
INDEPENDENT CONTRACTOR.
You “user” are not a legal partner or agent in any way whatsoever, nor are you an independent contractor of our Company.