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CaucusRoom Terms of Service & Conditions of Use

Last modified: August 30, 2019

  1. Acceptance of the Terms of Use. These Terms and Conditions of Use (this “Agreement”) are entered into between you and Caucus Room (the “Company”). The Agreement governs your relationship with the Company and your use of and access to all services and products provided, including any content, functionality, and services offered on or through, the Company (collectively, the “Services”). You agree that by accessing or using any part of the Services, whether as a guest or as a registered user, you are bound by the terms of this Agreement, the Company’s Privacy Policy, and the Company’s Community Standards, as all may be amended from time to time and which are incorporated herein by reference (collectively the “Terms”). The Company’s Privacy Policy describes what the Company can do with information you provide the Company or information the Company may otherwise receive regarding you. By accessing or using the Services, you further acknowledge and agree to the terms of the Privacy Policy, including the transfer of your information to other countries for storage, processing and use. If you do not want to agree to the Terms, you acknowledge you must not, and agree not to, access or use the Services.
  2. Requirements for Use. You may not use the Services unless all of the following apply to you, and you represent and warrant that you meet all of the following requirements:
    • You are an adult over the age of 18 years old;
    • You are legally allowed to use the Services where you live and anywhere you access the Services;
    • You permanently reside in, and are using the Services only in, the United States of America;
    • You are not using the Services or accepting the Terms on behalf of any other entity, such as a company or organization, unless you have authority to bind that entity to the Terms; and
    • You have not been banned or suspended by the Company, or have otherwise been restricted by the Company, from using the Services.
  3. Content Requirements. Any content that you post to the Services (the “Content”) must satisfy all of the following criteria, and you affirm that any Content posted, submitted, or otherwise provided by you to the Services satisfies the following criteria:
    • You have the legal right to post the Content to the Services.
    • The Content and the purpose for posting it complies with all federal, state and local laws, rules, and regulations that may apply.
    • The Content does not infringe the intellectual property rights of the Company or any other person or entity.
    • The Content does not include non-public personal private information belonging to someone else, including without limitation another person’s birthdate, home address, or telephone number.
    • The Content does not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
    • The Content does not promote any illegal activity, or advocate, promote, or assist any unlawful or amoral act or conduct.
    • The Content does not impersonate any person or misrepresent your identity or affiliation with any person or organization.
    • The Content does not involve commercial activities or sales, including without limitation contests, sweepstakes, and other sales promotions, barter, or advertising.
    • The Content complies with the Company’s Community Rules.
  4. License. You hereby grant to the Company an irrevocable worldwide, non-exclusive, royalty-free, sublicensable, perpetual right and license to use, copy, reproduce, process, create derivatives of, adapt, modify, publish, transmit, display, and distribute any Content posted by you to the Services. You agree that the Company, its service providers, partners, parents, subsidiaries, and affiliates may display advertising in connection with your Content and otherwise monetize your Content without compensation to you. You represent and warrant that you have all rights necessary to grant these rights to the Company. You also grant a limited, non-exclusive, royalty-free right and license to any user of the Services to use, copy, reproduce, process, create derivatives of, adapt, modify, publish, transmit, display, and distribute any Content posted by you to the Services solely in connection with that users use of the Services. The rights and licenses granted by you hereunder do not include any moral rights or right of attribution, and you hereby waive any such rights with respect to the Content.
  5. Prohibited Uses. You represent, covenant, warrant, and agree not to use the Services:
    • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
    • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Requirements set out in Section 3.
    • To transmit, or procure the sending of, any advertising or promotional material without the Company’s prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
    • To impersonate or attempt to impersonate the Company, a Company employee, another user of the Services, or any other person or entity (including without limitation, by using email addresses or usernames associated with any of the foregoing).
    • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which may, as determined in the sole and absolute discretion of the Company, harm the Company or its users, or expose the Company to liability.

    Additionally, you represent, covenant, warrant, and agree not to:

    • Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services.
    • Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material or content on or available through the Services.
    • Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in this Agreement, without the Company’s prior written consent.
    • Use any device, software, or routine that interferes with the proper working or functionality of the Services.
    • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is potentially malicious or harmful to the Services, the Company, or any users of the Services.
    • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services.
    • Access the Services for any improper or amoral uses, including without limitation to: (i) misappropriate or infringe upon the intellectual property rights of the Company, (ii) collect or use information with the intent of deceiving or making misrepresentations to third parties, or (iii) to collect or use information with the intent of causing adverse action to third parties.
    • Record, process, harvest, collect, or mine information about other users.
    • Access or copy in bulk, retrieve, harvest, or index any portion of the Services (“Scrape”) or use, support, or develop any robot, spider, scripts, or other automatic device, process, or means (such as crawlers, browser plug-ins and add-ons, or other technology) to Scrape the Services for any purpose.

IF YOU VIOLATE ANY PART OF THIS SECTION 6, WE MAY SEEK LEGAL ACTION AGAINST YOU, INCLUDING SENDING NOTICE LETTERS TO YOU THAT YOU ARE UNLAWFULLY DISTRIBUTING DATA OBTAINED FROM THE SERVICES IN VIOLATION OF THE TERMS.

 

  1. Intellectual Property Infringement. You further represent and warrant that you shall not use the Services in any manner that would constitute infringement of a copyright, trademark, patent, or any other intellectual property right. The Company will, in appropriate circumstances, terminate the account of any user suspected of infringement. If your copyright has been infringed by any Content on the Services, and you did not grant a license for such use by uploading your copyrighted work to the Services, you may submit to support@caucusroom.com a notice that meets all of the requirements of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c)(3).
  2. Monitoring; Termination. The Company may remove any Content and terminate your access to the Services at any time and for any reason or no reason. Any invitation made by the Company to you to use the Services or submit Content to the Services, or the fact that the Company may receive a benefit from your use of the Services or provision of Content to the Services, shall not obligate the Company to maintain or preserve any Content or maintain your access to the Services. The Company will have no liability to you for removing any content, for terminating your access to the Services, or for modifying or terminating the Services, at any time and in any way and for any reason or no reason. Although the Community Standards provide guidance to you regarding Content that is not appropriate, the Company is free to remove Content and terminate your access to the Services even where the Guidelines have been followed.
  3. Third-Party Links. If there are other websites and resources linked to on the Services, these links are provided only for the convenience of our users. We have no control over the contents of those websites or resources, and therefore cannot accept responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
  4. You agree to receive communications from the Company, including communications sent by phone, email, text message, smartphone notifications, or other means of communication. If you provide a phone number or email to the Company, you are required to notify the Company when you cease to own or control that number or email to help prevent the Company from sending communications to others who may acquire that number or email.
  5. No Guarantee of Service. Although we hope to make the Services available at all times in the future, there may be times when we need to disable the Site either temporarily or permanently. The Services may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability. Keep this in mind as Company will not be liable if all or any part of the Services is unavailable at any time, for any period of time. Also, from time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users. We cannot and do not make any representations or warranties with respect to the devices you use to access or use the Services, including with respect to device compatibility.
  6. Disclaimer of Warranties. The Services are provided as is and at your own risk. The Services come with no express or implied warranties. COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU FURTHER WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES. The Company makes no representation or endorsement about the function of the Services or any con­tent available through the Services. The Company has no responsibility or liability to you arising from your use of the Services or for Content provided by you or any other person, even if such content is untrue, harmful, dam­aging, offensive, inappropriate, fraudulent, tortious, unlawful, contrary to social norms, etc. Although the Company may make efforts to review or monitor content, you agree that you will not rely on this fact in your use or accessing the Services. The Company has no responsibility or liability to you arising from hacking event, data breach, theft, misuse of information, conspiracy, racket, fraud, act of terrorism, misappropriation of information, technical malfunction, interruption of service, or similar event that may cause you to suffer damage, loss, or injury, including without limitation any damage to or loss of your personal property, data, operations, information, reputation, goodwill, profits, etc.
  7. Further Disclaimer of Warranties. IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, (1) CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “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 RELEASED PARTY” AND (2) NEW JERSEY RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF THE TRUTH IN CONSUMER CONTRACT, WARRANTY, AND NOTICE ACT (X) SECTIONS 15, WHICH STATES, AMONG OTHER THINGS, THAT “NO SELLERS…SHALL IN THE COURSE OF HIS BUSINESS OFFER TO ANY CONSUMER OR PROSPECTIVE CONSUMER OR ENTER INTO ANY WRITTEN CONSUMER CONTRACT OR GIVE OR DISPLAY ANY WRITTEN CONSUMER WARRANTY, NOTICE OR SIGN…WHICH INCLUDES ANY PROVISION THAT VIOLATES ANY CLEARLY ESTABLISHED LEGAL RIGHT OF A CONSUMER OR RESPONSIBILITY OF A SELLER…” AND (X) SECTION 16, WHICH STATES, AMONG OTHER THINGS, THAT “…NO CONSUMER CONTRACT, NOTICE OR SIGN SHALL STATE THAT ANY OF ITS PROVISIONS IS OR MAY BE VOID, UNENFORCEABLE OR INAPPLICABLE IN SOME JURISDICTIONS WITHOUT SPECIFYING WHICH PROVISIONS ARE OR ARE NOT VOID, UNENFORCEABLE OR INAPPLICABLE WITHIN THE STATE OF NEW JERSEY…”. YOU HEREBY WAIVE, AS APPLICABLE, THESE SECTIONS OF THE CALIFORNIA CIVIL CODE AND NEW JERSEY TRUTH IN CONSUMER CONTRACT, WARRANTY, AND NOTICE ACT. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT, PURPOSE, OR EFFECT AS THE AFOREMENTIONED PROVISIONS.
  8. YOU AGREE TO DEFEND AND INDEMNIFY THE COMPANY, AS WELL AS ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ALL ATTORNEYS FEES) ARISING FROM OR RELATING TO YOUR ACCESS TO AND USE OF THE SERVICES. THE COMPANY WILL HAVE THE RIGHT TO CONDUCT ITS OWN DEFENSE, AT YOUR EXPENSE, IN ANY ACTION OR PROCEEDING COVERED BY THIS INDEMNITY.
  9. Limitation on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND REGARD­LESS OF THE NATURE OF THE CAUSE OF ACTION, THE COMPANY WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, WHETHER INCURRED DI­RECTLY OR INDIRECTLY, OR FOR INTANGIBLE LOSSES, ARISING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES, OR FROM THE ACTS OR OMISSIONS OF ANY OTHER PERSON. COMPANY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL IN NO EVENT EXCEED THE GREATER OF $500 OR THE AMOUNT PAID BY YOU TO COMPANY FOR THE 12 MONTHS PRECEDING THE SERVICES IN QUESTION.
  10. Arbitration; Choice of Law. You agree to arbitrate any dispute that you have with the Company. YOU AGREE TO RESOLVE ALL DISPUTES WITH THE COMPANY THROUGH BINDING ARBITRATION WITH THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN DENVER, COLORADO, unless the dispute meets the requirements for small claims court and is filed in Denver County, Colorado. If for any reason this agreement to arbitrate is determined by a court or arbitrator to be unenforceable, you agree that the federal and state courts with jurisdiction over Denver County, Colorado will have exclusive jurisdiction over any dispute involving you and the Company, and you hereby consent to such jurisdiction and venue. Any arbitration will be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Res­olution of Consumer-Related Disputes. For disputes that involve a claim of less than $10,000 USD, the arbitration will be conducted only by telephone, online, or based solely on written submissions and not by personal appearance of any party or witness. This Agreement, the Terms, and any and all disputes between you and the Company will be governed by the laws of the State of Colorado, excluding any applicable choice of law provision. ANY CAUSE OF ACTION OR ARBITRATION DEMAND MUST BE COMMENCED OR SUBMITTED TO THE AAA WITHIN ONE (1) YEAR AFTER THE ALLEGED INJURY HAS BEEN DISCOVERED OR REASONABLY COULD HAVE BEEN DISCOVERED. OTHERWISE, SUCH CAUSE OF ACTION OR DEMAND IS PERMANENTLY BARRED. You further agree that you will not participate in a class action claim against the Company. Nor will you participate in any other kind of representative action or arbitration. Nor may an arbitrator consolidate your claims with the claims of any other person. Nor may an arbitrator grant any relief on your claims that applies to someone else (such as injunctive relief that applies to a class of persons), except where such a contractual limitation is not permitted by law.
  11. Jury and Class Action Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
  12. Waiver; Severability; Reformation. No waiver by the Company of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any applicable jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. If any one or more of the provisions or parts of a provision contained in this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision or part of a provision of this Agreement; and this Agreement shall, to the fullest extent lawful, be reformed and construed as if such invalid or illegal or unenforceable provision, or part of a provision, had never been contained herein, and such provision or part reformed so that it would be valid, legal, and enforceable to the maximum extent possible. Without limiting the foregoing, if any provision (or part of provision) contained in this Agreement shall for any reason be held to be excessively broad as to duration, activity, or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the fullest extent compatible with then existing applicable law.
  13. Entire Agreement. This Agreement, the Privacy Policy and the Community Standards constitute the sole and entire agreement between you and the Company regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
  14. The Company may modify this Agreement, any of the Terms, or any additional terms that apply in part or in whole to the Services to, for example, reflect changes to the law or changes to the Company’s Services. You should look at the Terms regularly. The Company will post notice of modifications to the Terms on the applicable web pages. The Company will post notice of modified additional Terms in the applicable Service when feasible, or attempt to notify you by other means. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for the Services or changes made for legal reasons will be effective immediately. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. If you do not agree to the modified terms for the Services, you should discontinue your use of the Services immediately. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict. The Terms control the relationship between the Company and you. They do not create any third-party beneficiary rights. Your failure to comply with these terms, and the Company’s failure to take immediate action will not be construed as a waiver of any rights the Company may have. If it turns out that a particular term or provision in the Terms is not enforceable, this will not affect any other terms. Except for the statements in this document and the documents expressly incorporated herein by reference, no statement by the Company or anyone associated with the Company, whether verbal or written, can modify or supplement the Terms unless the modification or supplement is stated expressly in writing by referring to this Agreement.