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Terms & Conditions
TERMS AND CONDITIONS OF USE
Terms and Conditions of Use for OneRoof App, Co.
Last Updated on March 19, 2021
TERMS OF SITE AND ACCESS AGREEMENT
OneRoof App, Co. (hereinafter referred to as “OneRoof”, “Company”, “we”, “us” or “our”) operates a platform that connects people who live in the same building to become friends and be more resourceful, through our app.
By using the Site or Application which can be found at www.oneroofapp.com (the “Site”), creating your account, clicking “continue”, clicking the "I Agree" button, downloading or using the OneRoof mobile application (the “Application”), You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the "I Agree" button, do not download or do not use the Application.
This Agreement is a legal document between You and the Company and it governs your use of the Site and/or Application made available to You by the Company.
This Agreement is between You and the Company only and not with the Application Store. Therefore, the Company is solely responsible for the Application and its content. Although the Application Store is not a party to this Agreement, it has the right to enforce it against You as a third-party beneficiary relating to your use of the Application.
Since the Application can be accessed and used by other users via, for example, Family Sharing/Family Group or volume purchasing, the use of the Application by those users is expressly subject to this Agreement.
The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.
You are legally bound to these Terms and Conditions of Use whether or not You have read them.
GENERAL PROVISIONS
The Site and Application are owned and operated by OneRoof App, Co., a Delaware corporation.
Use of this Site and/or Application is at Your own risk. We host Our Site and Application on reputable platforms and take reasonable efforts to maintain and host each of the Site and Application. However, We make no explicit representations or warranties as to the safety of Your individual use of the Site or Application. The Terms and Conditions contained on this page are subject to change at any time.
DEFINITIONS
For the purposes of this Agreement:
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) by which the Application has been downloaded to your Device.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Country refers to: United States
Device means any device that can access the Application including but not limited to a computer, a cellphone or a tablet.
Family Sharing/Family Group permits You to share applications downloaded through the Application Store with other family members 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 services) provided by a third-party that may be displayed, included or made available by the Application.
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 must 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
YOUR ACCOUNT
When You purchased, installed, or opted to use the Site and/or Application, You were given a reasonable notice that these Terms and Conditions of Use existed. By moving forward with Your use of the Application or Site, You implicitly agreed and continue to agree to abide by these Terms and Conditions of Use, as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use.
You agree You are at least 18 years old or of age in Your applicable jurisdiction to access the Site or Application. If you are younger than 18 but above the required age for consent to use online services where you live (for example, 13 in the US or 16 in Ireland), you may not access the Site or Application, but we encourage you to invite a parent or guardian to open an account and help you use Our features that are appropriate for you. If you are below this age of consent to use online services, you may not access the Site or Application under any circumstance. If we discover that you have done so in violation these rules, we will terminate your account. Access of Our Site or Application and related materials by a minor is a violation of use, and We reserve the right to terminate Your access if such an issue is discovered.
INTELLECTUAL PROPERTY
LIMITED LICENSE
Any and all materials, paid or free, that You access on this or any related domains that contain Our Site or Application are under the sole ownership or licensed use of OneRoof App, Co.
To be clear, We own 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 or Application(s), program(s), product(s), service materials, or related communications.
You are only receiving a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access any content or materials in the Site or Application You have paid for or opted to receive. 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 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 with Our prior written consent and proper credit and marking, 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:
● Re-sell or trade Your access to the Site or Application.
● Share the Site or Application with anyone else who has not yet installed, purchased it, or opted in to receive it.
● Reprint or republish any of the Site or Application, in part or in whole.
● Distribute any of the materials contained in the Site or Application or related materials and/or communications as Your own, otherwise known as stealing.
● Reproduce and alter, edit, remix, or in any way create a derivative of any part or whole of the Site or Application for distribution as Your own work.
● Claim ownership or use over any of Our Intellectual Property without Our prior consent.
● Use Our Site or Application or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).
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 is nevertheless considered theft to steal, infringe, or otherwise violate these Terms and Conditions of Use. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction of and exclusive venue in the federal and state courts located in and serving New York County, New York by opting into or purchasing any Site or Application or accessing its related communications and/or materials.
YOUR MATERIALS AND CONTRIBUTIONS
By submitting a comment, photo, video, or other material(s) onto any Site or Application or platform owned or maintained by Us, including but not limited to third-party access sites, such as Our Facebook group(s) or online software platforms that We use to distribute Our Site or Application and related materials, You give us permission, in the form of a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license, to use, copy, and publish Your materials and contributions on the legal basis of your consent you give by posting and as otherwise described in our Privacy Policy. 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; however, we can remove materials posted by you, suspend, delete or deactivate your account or limit privileges, or otherwise refuse service to you, if you violate this Agreement or our other policies, or infringe intellectual property, or otherwise engage in behavior harms Our community, Site or Application, at our sole discretion.
MODEL RELEASE
You warrant and represent that You own the copyright to any image(s) You useby 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 anyimage(s) You submit to Us by default, such as a Facebook profile photo or other profile image You voluntarily providein accessing the Site or Application, or voluntarily upon Ourrequest. Such a default or voluntary release of Your imageand likeness may be used for any reasonable future businessuse.
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 by default or voluntarily.
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 that would violate these Terms and Conditions of Use. We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Stripe, PayPal, or SamCart. By utilizing these payment processors to gain access to the Site or Application, You indemnify Us and instead assume any and all risk or 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.
CONFIDENTIALITY
You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.
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 actions You choose to take as a result of the influence, information, or educational materials provided to You.
YOUR COMMUNICATIONS
Any communications made through Our ‘contact’, blog, blog comments, newsletter sign up, or other related pages, or directly to Our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on Our Site or Application, application, servers, comments, emails, or other media as allowed by U.S law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. 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 reasonably necessary in the course of Our business.
RULES REGARDING YOUR CONTENT
While much of the content on the Site and Application is provided by You and other users, OneRoof App, Co. is committed to providing You with a safe and open forum for interaction with others in your residential community. Therefore, You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate, or any content or communications that could amount to harassment. Accordingly, you hereby agree to honor and abide by the following rules:
1. You agree not to contribute any content or materials determined to be, at Our sole discretion, defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
2. You agree to refrain from contributing content that is unlawful or promoting unlawful activity.
3. You agree not to engage in spamming, machine – or -- randomly - generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling, fraud, or otherwise disruptive manipulation.
4. You agree not to contribute any content or materials containing or installing 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 or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
5. You agree not to contribute content or materials embodying the confidential or personal information of another.
6. You agree not to contribute content or materials that could be construed, at Our sole discretion, to be sexually explicit.
7. You agree to refrain from contributing content that is, at Our sole discretion, sexual or suggestive involving minors.
8. You agree to refrain from impersonating another.
9. You agree not to promote self interests, including interests of business and development
ENFORCEMENT
As part of our commitment to You, we may enforce Our rules by measures including notification to You, removal of Your content or materials, temporary suspension of Your account or access to the Site and Application, restricting Your account, or permanently banning You from our Site and Application based on the severity of Your breach.
USER TRANSACTIONS
In the event that You use the Site or Applicant transactional features (such as posting items for sale or free for other users), you, and OneRoof App, Co., are responsible for your own decisions and actions. In addition, this type of 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 transactions or disputes between users. If You write a recommendation or other comment about a transaction with another or their business (for example, a recommendation of a tutor), be truthful, fair and neighborly in your comments, and do not post any of their personal information (e.g., address, mobile number, or photos) without their permission.
DISPUTES BETWEEN USERS
If you have a dispute with another user, we hope that you will be able to work it out amicably. However, if you cannot, please understand that We are not responsible for the actions of Our users. Accordingly, to the maximum extent permitted by applicable law, You release Us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. 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.”
DISCLAIMERS
Our Application, Site, and related materials are provided for communication and informational use only. You agree to indemnify and hold harmless OneRoof App, Co. for any direct or indirect loss or conduct incurred as a result of Your use of Our Site or Application 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).
This 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 and understand that any information or knowledge You gain as a result of using this Site or Applicaiton is used 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.
GENERAL DISCLAIMER
To the fullest extent permitted by law, We expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by You or others in connection with Our Site or Application, 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 and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. This Site and Application are for communication, informational, and entertainment purposes only. None of the Site, Application, or related material(s) should be construed as medical, legal, or financial advice.
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.
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.
TECHNOLOGY DISCLAIMER
We make reasonable efforts to provide You with modern, reliable technology, software, and platforms from which to access Our Site, Application, and related material(s). However, in the event of a technological failure, You accept and acknowledge Our lack of responsibility for said failure, and while We will make reasonable efforts to support You, some technological issues are far outside Our control and will 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 OR THEIR 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.
ERRORS AND OMISSIONS
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information in Our Site or Application(s). We are not liable for any inaccuracies, errors, or reliance on personal opinions contained in Our Site or Application(s) or related material(s).
INDEMNIFICATION, LIMITATION OF LIABILITY, ANDRELEASE OF CLAIMS INDEMNIFICATION
You agree at all times to indemnify and hold harmless Our Company, as well as any of Our affiliates, agents, contractors, officers,directors, shareholders, employees, joint venture partners,successors, transferees, assignees, and licensees, as applicable,from and against any and all claims, causes of action,damages, liabilities, costs, and expenses, including legal feesand expenses, arising out of or related to Our Site or Application(s) .
LIMITATION OF LIABILITY
We will notbe held responsible or liable in any way for the information, products, or materials that You request orreceive through or in relation to Our Site or Application(s).We do not assume liability for any third-party conduct,accidents, delays, harm, or other detrimental or negativeoutcomes as a result of Your access of Our Site or Application(s) 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 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.
AFFILIATES
This Site or Application may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of Your purchase through one of these links. We will use reasonable efforts to notify You when and where We have placed affiliate links in addition to this disclaimer located in these Terms and Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this Site or Application or related communications.
TERMINATION
If at any time We feel You have violated these Terms and Conditions, then We shall immediately terminate Your use of Our Site or Application and any related communications as We deem appropriate. It is within Our sole discretion to allow any user’s access of Our Site or Application, and We may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to Our Site or Application.
NON-DISPARAGEMENT
If You are found to be slandering, libeling, or otherwise disparaging Our Company, Site or Application, or related materials at Our discretion, You will be immediately removed from the Site or Application(s) and any related communications. We reserve the right to file a civil claim of action against You for any such damaging actions You take that materially harm Our Company.
ENTIRE AGREEMENT
Before You register with Our Site or Application or make any purchases therefrom, You will be asked to consent to Our Privacy Policy. If You have consented, or once You do consent, the terms of the Privacy Policy together with these Terms and Conditions, the information contained herein constitutes the entire agreement between site users and Our company relating to the use of this Site or Application.
LAW AND JURISDICTION
You agree that any dispute related to these Terms will be governed by the laws of the State of New York, excluding its conflicts of law provisions. In the event of any dispute related to these Terms that is not subject to binding arbitration, you and We will 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.
CONSENT
By using Our Site or Application, You hereby consent to Our Terms and Conditions of Use and Privacy Policy.
If You require any more information or have any questions about Our Terms and Conditions of Use, or Our Privacy Policy, please feel free to contact Us by email at hello@oneroofapp.com.
ALL RIGHTS RESERVED
All rights not expressly granted in these Terms and Conditions of Use and Privacy Policy or any express written here, are reserved by Company.
SEVERABILITY
If any part of these Terms and Conditions of Use and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.
CONTACT INFORMATION
If you have any questions about any term of these Terms of Use, please contact us at hello@oneroofapp.com.