Last Updated – Effective Date: April 15, 2023
PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
We provide the Services for use only by persons located in the United States. We do not currently intend to offer the Services to users outside the U.S. The Services, including our Website or Mobile Application, can be accessed from countries around the world and may contain references to services that are not available in your country. These references do not imply that Linkroom intends to announce such services in your country. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
1. Introduction. Linkroom LLC (“Linkroom”, the “Company”, “our”, “us”, “we”), provides a collaboration and communications hub, which allows Users (defined below) to participate in and/or communicate with other Users by voice and video streaming in sessions, events or meetings (“Sessions”) held in and through one or more three-dimensional (3D) virtual meeting or event rooms or spaces (“Rooms”), through, among other things, our proprietary technology, software and platform, including our website available at www.linkroom.com (the “Website”) and mobile access to the Website or any mobile application owned by Linkroom and used by you in connection with products and services provided by Linkroom (collectively, the “Mobile Application”). Such services, including the Website, the Mobile Application, and the other services (including Site Capture Services, defined below) described herein or in an applicable services agreement (“Services Agreement”) between Linkroom and the holder (the “Client”) of the subscription (the “Subscription”) for Services thereunder, are referred to herein as the “Services”.
4. Overview of the Services.
(a) In General. In general, the Services are used and accessed by Clients, Administrators, Hosts and Guests. The Client enters into a Services Agreement with Linkroom for a Subscription and other Services, pays applicable fees and expenses for the Subscription and other Services, and designates (through the Services) one or more Administrators. Administrators administer the Client’s Subscription and account, organize Sessions and designate (through the Services) one or more Hosts for Sessions. Hosts facilitate and/or make presentations at Sessions. Guests attend and participate in Events. Hosts and Guests access the Services (including Attending Sessions) under the applicable Client’s Subscription and account. The roles and responsibilities of Clients, Administrators, Hosts and Guests are further discussed below.
(b) Clients. The Client is party to a Services Agreement with Linkroom, holds a Subscription for Services under the Services Agreement (“Subscription”), holds an account with Linkroom through Services, pays applicable fees and expenses to Linkroom under the Services Agreement, and designates its Administrator(s).
The Services Agreement sets forth certain specific services to be provided by Linkroom, and specific terms for the Services, including the Subscription, Site Capture Services (defined below) (if any), fees, expenses and payment terms, and, with respect to the Client’s Subscription specifies, among other things: (i) the maximum number of Hosts the Client may designate; (ii) the maximum number of Rooms the Client (and its Hosts) may use or access;; and (iii) the maximum number of Sessions the Client (and its Hosts) may hold at the same time (“Simultaneous Sessions”). Without Linkroom’s prior written consent, neither the Client nor any of its Hosts may: (aa) designate more Hosts than the maximum number of Hosts specified in the applicable Services Agreement; (bb) use or access more Rooms than the maximum number of Rooms specified in the applicable Services Agreement; , or (cc) hold more Simultaneous Sessions than the maximum number of Simultaneous Sessions specified in the applicable Services Agreement. If a Client wishes to change any of the foregoing items, it must submit details of the requested change to Linkroom in writing pursuant to the applicable Services Agreement. If Linkroom agrees to any such change, then variations to fees, expenses and other matters or changes may be required. The Client shall be jointly and severally liable for the actions of any and all Users during or in connection with the Client’s Subscription, including as set forth in Section 28, below.
For the purposes hereof, (i) an “Affiliate” of a Person means any other Person that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, such Person; the term “control” (including the terms “controlled by” and “under common control with”) means the direct or indirect power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities, by contract, or otherwise; (ii) “Attend” means with respect to a Person, that Person’s attending, participating in, viewing, observing of, or accessing the Services with respect to, a Subscription or a Session; (iii) “Person” means an individual, corporation, partnership, joint venture, limited liability company, governmental authority, unincorporated organization, trust, association, or other entity; (iv) “Representative” means, with respect to a Person (including a business, entity or organization), that Person’s and its Affiliates’ employees, officers, directors, consultants, independent contractors, service providers, subcontractors, and other agents and representatives; and (v) “User” means any Person who Attends a Session or otherwise accesses or uses the Services, including the Client, an Administrator, a Hosts or a Guest (for the avoidance of doubt, if an individual Attends Session as a representative of, on behalf of, or at the request of, a Registered User (including a business, entity or organization), that individual, in addition to the Registered User, will be deemed to be a “User”).
Guests and Hosts may also submit requests to Administrators regarding administrative operations of their accounts, such as deletion, access, and control of User Contributions (defined below), provision and deprovisioning access to the Services, manage teams and channels, and manage access permissions.
The Client represents and warrants to Linkroom that each Administrator is an individual and a Representative of the Client, and is authorized to use and access the Services for and on behalf of the Client, administer the Client’s Subscription, account and the Services for and on behalf of the Client, take all actions as an Administrator with respect to the Client’s Subscription or account, and the Services. Each Person acting in the capacity of, or purporting to be or to be acting in the capacity of, an Administrator represents and warrants to Linkroom that he or she is an individual and a Representative of the Client, and is authorized to use and access the Services for and on behalf of the Client, administer the Client’s Subscription, account and the Services for and on behalf of the Client, take all actions as an Administrator with respect to the Client’s Subscription or account and the Services.
(c) Hosts. A Client’s Administrator will designate (through the Services) up to the maximum number of hosts (“Hosts”) specified in the Services Agreement and permitted by the Services (including Linkroom’s platform). A Host must be an individual and a Representative of the Client, and the Client may not designate (or attempt to designate) any Person as Host who is not an individual and a Representative of the Client. An Administrator, for and on behalf of the Client, through the Services, may (i) change a Host or (ii) terminate a Host or a Person’s access to the Services as a Host.
The Client represents and warrants to Linkroom that each Host is an individual and a Representative of the Client, and is authorized to use and access the Services for and on behalf of the Client and take all actions as Host with respect to the Client’s Subscription or account, and the Services. Each Person acting in the capacity of, or purporting to be or to be acting in the capacity of, a Host represents and warrants to Linkroom that he or she is an individual and a Representative of the Client, and is authorized to, for and on behalf of the Client, use and access the Services for and on behalf of the Client and take all actions as a Host with respect to the Client’s Subscription or account and the Services.
(e) Registered Users. Each User of the Services must register with the Services in accordance with Section 5 below (a “Registered User”). You shall not, and shall cause each of your Representatives not to, Attend any Session or otherwise use or access the Services, unless you and any Person accessing the Services on your behalf each are Registered Users. You shall not, and shall cause each your Representatives (including your Hosts) not to, permit any Person who is not a Registered User to use or access the Services (including Attending any Session).
Without limiting the foregoing, the Client shall not, and shall cause each of its Representatives (including its Hosts) not to, permit any Person who is not a Registered User to Attend any Session or otherwise access the Services. The Client is responsible for ensuring that each User is a Registered User. If a User Attends a Session as a Representative of a Registered User, that User must be authorized by the Registered User to Attend the Session and take all actions for and on behalf of the Registered User during, at or with respect to the Session or the Services. Neither the Client nor any Host shall permit a Person (a “Purported Guest”) to Attend a Session, otherwise use or access the Services, or take any action at a Session or otherwise with respect to the Services under the applicable Subscription for or on behalf of another Person (including a Registered User) (the “Principal Guest”) if that Purported Guest is not a Registered User who is authorized to Attend a Session, otherwise use or access the Services, or take any action at a Session or otherwise with respect to the Services for and on behalf of the Principal Guest.
(f) No Transfer or Assignment of Administrative Functions. Except to the extent set forth in Section 4(c) above (Administrators) or Section 4(d) (Hosts) above, without the prior written consent of Linkroom, none of the responsibilities, duties, or functions of a Client or a Host (including administrative functions) may be assigned, delegated, subcontracted, sublicensed or otherwise transferred to any Person.
(h) Digital Assets. The Services contain features through which virtual items, including virtual furniture, booths, pictures or images of other movable personal property may be uploaded to a Room and the Services (“Digital Assets”).
(i) Linkroom, through the Services, may upload one or more Digital Assets to a Room (each, a “Linkroom Digital Asset”) for or during a Session (including Site Capture Services, defined below). Except to the extent set forth in the Services Agreement, (including a Change Order thereto), for and on behalf of the Client, Linkroom shall not be obligated to provide, remove, modify or alter any Linkroom Digital Asset from any Room or Services.
(i) Site Capture Services; Site Capture Rooms. If a Services Agreement provides that Linkroom will provide Site Capture Services (defined below), Linkroom shall perform site capture services, including taking digital photographs of the site(s), space(s) or premises specified in the Services Agreement, rendering or generating one or more Rooms based on such sites(s), space(s) or premises to be available through the Services for one or more of the Client’s Sessions, and such other services and at such site(s), spaces(s) or premises specified in the Services Agreement (“Site Capture Services”). In connection with Linkroom’s provision of Site Capture Services, the Client shall, and shall cause its Representative and the owners or occupants (as applicable) of the applicable site(s) or premises to: (i) provide Linkroom and its Representatives with access to the site(s), space(s) or premises that are the subject of the Site Capture Services to enable Service Provider to provide the Site Capture Services; (ii) cooperate fully with us in all matters relating to the Site Capture Services; (iii) make all arrangements and take all steps necessary to ensure the safety of our Representatives in performing the Site Capture Services; (iv) take all actions required under the Services Agreement (including the applicable Site Capture Services Addendum thereto); and (v) take all steps necessary, including obtaining any required authorizations, consents, licenses and permits to enable us to perform the Site Capture Services and prevent delays in our provision of the Services (including the Site Capture Services). A Room rendered or generated by Linkroom through the Site Capture Services is referred to herein as a “Site Capture Room”. If the Services Agreement so provides, a Session may be held in a Site Capture Room.
For the avoidance of doubt, if a Client’s Services Agreement does not provide for Site Capture Services or for a Session to be held in a Site Capture Room, then Sessions under the Client’s Subscription will be held in one or more Company Rooms provided by Linkroom through the Services, as described in Section 4(h) above.
5. Accessing the Services, Registration and Account Security. We reserve the right to terminate, withdraw or amend the Services, any Subscription and any service or material we provide on the Services (including Rooms and Digital Assets), in our sole discretion without notice. Except as set forth in an applicable Services Agreement, we will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, any Subscription, or the entire Website or Mobile Application, to Users (including Registered Users).
You are responsible for both:
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other Person. You also acknowledge that your account or registration with the Services is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each Session. You should use particular caution when accessing your account or registration with the Services from a public or shared computer so that others are not able to view or record your password or other personal information.
(a) are licensed, not sold, to you by Linkroom; and
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Service (including the Website and Mobile Application), except as follows:
You must not:
“Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property, and all similar or equivalent rights or forms of protection, in any part of the world.
8. Trademarks. Without limiting Section 6 above (Intellectual Property Rights; License; Restrictions), Linkroom name, the terms “LINKROOM” and “LINKPAD”, Linkroom logo and all related names, logos, product and service names, designs and slogans are trademarks of Linkroom. You must not use such marks without the prior written permission of Linkroom. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
You represent and warrant that:
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Services.
You agree not to use the Services:
Additionally, you agree not to:
12. Monitoring and Enforcement. We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, ITS SUSBIDIARIES AND THEIR REPSECTIVE LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. ACCORDINGLY, WE ASSUME NO LIABILITY FOR ANY ACTION OR INACTION REGARDING TRANSMISSIONS, COMMUNICATIONS OR CONTENT PROVIDED BY ANY USER OR THIRD PARTY. WE HAVE NO LIABILITY OR RESPONSIBILITY TO ANYONE FOR PERFORMANCE OR NONPERFORMANCE OF THE ACTIVITIES DESCRIBED IN THIS SECTION 12.
13. Content Standards. These content standards (“Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
14. Copyright Infringement. If you believe that any User Contributions, Digital Assets, or Rooms (including a Site Capture Room) violate your copyright, please see our Copyright Policy available at https://linkroom.com/copyright-policy for instructions on sending us a notice of copyright infringement. It is the policy of Linkroom to terminate the user accounts of repeat infringers.
15. Publicity. If you are a Client, you agree, in your capacity as a Client, to participate in activities as requested by Linkroom, including providing quotes, participating in case studies, press releases, and/or testimonial advertisements describing your experiences as a Client with the use of the Services, including the Linkroom platform, Rooms and Site Capture Services (collectively “Publicity“), provided that Linkroom will obtain your approval of the Publicity content prior to the first public release of the Publicity. You, as a Client, grant to Linkroom a limited, world-wide, non-exclusive, non-transferable, royalty-free right and license to publish, use, reference and display the final, approved Publicity, in whole or through unedited excerpts, in all forms of media and for any purpose including publicity, advertising, and marketing in all forms of media, in Linkroom’s sole discretion.
16. Reliance on Information Posted. The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
The Services may include content provided by third parties, including materials provided by other Users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Linkroom, are solely the opinions and the responsibility of the Person providing those materials. These materials do not necessarily reflect the opinion of Linkroom. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
17. Changes to the Services. We may update the content on the Services from time to time, but the Services’ (including the Website’s or the Mobile Application’s) content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
18. Export Regulation. The Services may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. No User shall, and each User (including each Client, Administrator, Host and Guest) shall cause its Representative not to, directly or indirectly, export, re-export, or release the Services to, or make the Services accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. Each User shall, and each User shall cause its Representative to, comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Services available outside the US. You shall be liable for the violation of any export control laws, including the Export Control Reform Act and its associated regulations by you or any of your Representatives.
19. US Government Rights. The Website and Mobile Application are commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Website or the Mobile Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
In addition, through automatic features of our platform, we monitor and track usage of the Services, including the number of Hosts and other Users using or access the Services, the number of hours Users use or access the Services, and data or storage usage under, in connection with, or with respect to Client’s Subscriptions or accounts. We may use such information for functionality, business purposes including but not limited to providing and improving our Services, compliance or security purposes, or for determining Clients’ fees and expenses, including for fees relating to subsequent or renewal terms under Clients’ Services Agreements.
21. No Sales or Payment through the Services. Hosts, for and on behalf of their respective Clients, may make presentations regarding, or present or discuss, products, services or properties during a Session through the Services (including the Website or Mobile Application). However, no business may be transacted, and no products, services or other property may be sold or purchased by any User (including the Client, a Host or a Guest) or other Person during any Session or otherwise through the Services (including the Website or Mobile Application). No payment may be made by any User or other Person through the Services (including through the Website, the Mobile Application, or during any Session other than payments made by a Client to Linkroom pursuant to an applicable Services Agreement through our third-party payment processor.
22. Linking to the Services and Social Media Features. To the extent permitted by the Services, you may link to app.linkroom.com, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The Services may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
23. Links from the Services. If the Services contain links to other sites and resources provided by the Client, a Host, a Guest or a third party, these links are provided for your convenience only. This may include links to the Client’s or Host’s websites. We have no control over the contents of those sites or resources, and accept no 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.
24. Termination or Suspension of Subscription. In the event a Client’s Services Agreements or Subscription terminates or is suspended for any reason, each User’s use of and access to the Services with respect to that Client’s Subscription will terminate or be suspended.
25. Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will, including in connection with any administrative function, Session, Room (including any Site Capture Room), Digital Asset, or communication or sharing feature, be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER OR MOBILE DEVICE PROGRAMS OR APPLICATIONS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED TO IT.
YOUR USE OF THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE, PLATFORM, NETWORK, SYSTEM, MOBILE APPLICATION OR THE SERVER OR SERVERS THAT MAKE ANY OF THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, INCLUDING ANY SESSION, ROOM (INCLUDING ANY SITE CAPTURE ROOM) DIGITAL ASSET, COMMUNICATION OR SHARING FEATURE, WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
26. Limitation on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, OWNERS, SERVICE PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, MANAGERS OR OTHER AGENTS OR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY SERVICES LINKED TO THE SERVICES, ANY CONTENT ON THE SERVICES OR SUCH OTHER SERVICESS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER SERVICES, INCLUDING ANY SESSION, ROOM (INCLUDING ANY SITE CAPTURE ROOM) DIGITAL ASSET, COMMUNICATION OR SHARING FEATURE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OR DIMINUTION OF VALUE OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
29. Release. Linkroom provides a platform in which Users can transact. However, Linkroom could not function if it were held responsible for the actions or inactions of different Users and/or third parties both on and off the Services. THEREFORE, AS AN INDUCEMENT TO THE COMPANY PERMITTING YOU TO ACCESS AND USE THE SERVICES, YOU HEREBY AGREE TO RELEASE EACH LINKROOM PARTY FROM AND AGAINST ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND ANY THIRD PARTY (INCLUDING ONE OR MORE OTHER USERS) IN CONNECTION WITH THE SERVICES (INCLUDING ANY SESSION OR FEATURE PROVIDED THROUGH THE SERVICES).
IN ADDITION, YOU WAIVE ANY APPLICABLE LAW OR STATUTE, WHICH SAYS, IN SUBSTANCE:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM, HER OR IT MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY.”
31. Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. PLEASE READ THIS SECTION 31 (“ARBITRATION AGREEMENT”) CAREFULLY. IT IS PART OF YOUR CONTRACT WITH LINKROOM AND AFFECTS YOUR RIGHTS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
(c) Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our Corporate Secretary at Linkroom LLC, 1395 W. Jeffrey Drive, Addison, IL 60101. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. The proceedings shall be held in Chicago, Illinois.
You may choose to have the arbitration conducted by telephone, based on written submissions. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(d) Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Linkroom Parties. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
(e) Waiver of Jury Trial. YOU AND THE COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Linkroom are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 31(a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
(f) Waiver of Class and Consolidated Actions. ALL CLAIMS AND DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. THIS WAIVER APPLIES TO CLAIMS IN COURTS AND ARBITRATIONS. ONLY INDIVIDUAL RELIEF IS AVAILABLE FOR CLAIMS COVERED BY THIS AGREEMENT, AND CLAIMS OF ONE CLIENT, ADMINISTRATOR, HOST ATTENDEE OR OTHER USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CLIENT, ADMINISTRATOR, HOST ATTENDEE OR OTHER USER. If a decision is issued stating that applicable law precludes enforcement of any limitations in this Section 31(f) as to a particular claim for relief, then the applicable claim must be severed from the arbitration and brought on an individual basis in the state or federal courts in Chicago, Illinois. All other claims shall be arbitrated. The parties agree to submit to the personal jurisdiction of the state or federal courts located in Chicago, Illinois, for purposes of resolving any claims for relief that are severed from an arbitration in accordance with this subsection and waive any argument that holding proceedings in such courts will impose undue hardship or materially affect their ability to present their case.
(g) 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Linkroom LLC 1395 W. Jeffrey Drive, Addison, IL 60101 or email firstname.lastname@example.org, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your email address, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
(h) Severability. Except as provided in Section 31(f) above, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
(i) Survival of Agreement. This Arbitration Agreement will survive the termination or expiration of the Agreement or your relationship with Linkroom.
(j) Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Linkroom makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) for which you had already provided notice to Linkroom.
37. Survival. This Section 37 and Sections 6 (Intellectual Property), 7 (Ownership of Digital Assets and Site Capture Rooms), 8 (Trademarks), 15 (Publicity), 16 (Reliance on Information Posted), 18 (Export Regulation), 19 (US Government Rights), 25 (Disclaimer of Warranties), 26 (Limitation of Liability), 0 (Indemnification), 28 (Liability of the Client), 29 (Release), 30 (Governing Law), 31 (Arbitration Agreement; Class Waiver; Waiver of Trial by Jury), 32 (Limitation on Time to File Claims), 33 (Equitable Remedies), 34 (Waiver), 35 (Severability) and 36 (Miscellaneous) shall survive the termination, expiration or cessation of your use or access of or to the Services, the Subscription under, in connection with, or relating to which you have or may use or access the Services, or any Services Agreement or Mobile Application End User License Agreement between Linkroom and you.
38. Your Comments and Concerns. This website is operated by Linkroom LLC, 1395 W. Jeffrey Drive, Addison, Illinois 60101. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy, available at https://linkroom.com/copyright-policy, in the manner and by the means set forth therein. All other feedback, comments, requests for technical support and other communications relating to the Services should be directed to email@example.com.