Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies, and obligations. By accessing or using the Roost Platform, you agree to comply with and be bound by these Terms.
Last Updated: February 13, 2020
Thanks for using Roost!
When these Terms mention “Roost,” “we,” “us,” or “our,” it refers to Roost Travel Group, Inc., and any of its parents or subsidiaries. If you use the services of Roost or its affiliates in another country, by using the Roost Platform in that country you agree to be subject to these Terms of Service.
Please note: Section 20 of these Terms contains an arbitration clause and class action waiver that applies to all Roosters (as defined below). If your country of residence is the United States, this provision applies to all disputes with Roost. If your country of residence is outside of the United States, this provision applies to any action you bring against Roost in the United States. It affects how disputes with Roost are resolved. By accepting these Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
You are contracting with Roost Travel Group, Inc., 120 Rindge Avenue, Unit 400, Cambridge, MA, 02140 The United States of America, United States.
Any and all payment processing services through or in connection with your use of the Roost Platform ("Payment Services") are provided to you by Stripe, Inc. (“Stripe”).
1. The Roost Platform
1.1 The Roost Platform enables registered Roost account holders (“Roosters”) who seek lodging in hotels and other properties in certain destinations (“Accommodations”) to match with and be matched with other Roosters ("Roommates") to share Accommodations. The term Roommate may refer to either one Rooster or a Rooster and their Co-traveler (as defined below). The process of booking a shared Accommodation may be referred to as making a (“Booking”) and the process of being matched with a Roommate and sharing an Accommodation may be referred to as (“Roost Accommodation Services”). A Rooster may act on behalf of one other person (“Co-traveler”) who will be accompanying them on their trip. Roosters are responsible for inputting accurate information about their Co-traveler and are responsible for their Co-traveler’s actions and conduct both online and in person. All Co-travelers are legally bound by these same terms and policies incorporated by reference into this agreement and may from here on also be referred to as Roosters.
1.2 The Roost Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Roost is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Roost of such Third-Party Services. As the provider of the Roost Platform, Roost does not own, create, provide, control, manage, offer, deliver, or supply any Accommodations or Third Party Services, nor is Roost an organizer or retailer of travel packages. Roost Accommodation Services, Third-Party Services and any other services that are accessible on the Roost Platform may be referred to as (“Roost Services”).
1.3 When a Rooster makes and completes a Booking, they are entering into a contract directly with any Rooster who they match with, and the owner, operator, and/or manager of the Accommodation (“Accommodation Provider”) they will be staying at. Roost is not and does not become a party to or other participant in any contractual relationship between Roosters, nor is Roost a real estate broker or insurer. Roost is not acting as an agent in any capacity for any Rooster.
1.3 While we may help facilitate the resolution of disputes, Roost has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Rooster, Co-traveler, Accommodation, Third-Party Services, (ii) the truth or accuracy of any descriptions, ratings, reviews, or other Rooster Content (as defined below), or (iii) the performance or conduct of any Rooster or third party. Roost does not endorse any Roosters, Accommodation Providers, or Third-Party Services. Any references to a Rooster (a registered Roost account holder) being "verified" “background checked” (or similar language) only indicates that the Rooster has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Roost about any Rooster or Co-traveler, including their identity or background or whether they are trustworthy, safe or suitable. We disclaim warranties of any kind, either express or implied, that such checks or verification will identify prior misconduct by a Rooster or guarantee that a Rooster will not engage in misconduct in the future. Co-travelers are not background checked, verified, or screened in any capacity. You should always exercise due diligence and care when communicating and interacting with other Roosters, whether online or in person. Any images on the Roost Platform are intended only to indicate a photographic representation of a Rooster and an Accommodation at the time the photograph was taken, and are therefore not an endorsement by Roost of any Rooster or Accommodation.
1.4 To promote the Roost Platform and to increase the exposure of Roost Services to potential Roosters, Rooster Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Roosters who speak different languages, Rooster Content may be translated, in whole or in part, into other languages. Roost cannot guarantee the accuracy or quality of such translations and Roosters are responsible for reviewing and verifying the accuracy of such translations. The Roost Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
1.5 Due to the nature of the Internet, Roost cannot guarantee the continuous and uninterrupted availability and accessibility of the Roost Platform. Roost may restrict the availability of the Roost Platform, or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Roost Platform. Roost may improve, enhance and modify the Roost Platform and introduce new Roost Services from time to time.
2. Eligibility, Using the Roost Platform, Rooster Verification
2.1 In order to access and use the Roost Platform or register a Roost Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.
2.2 Roost may make access to and use of the Roost Platform, or certain areas or features of the Roost Platform, subject to certain conditions or requirements, such as completing a verification and background check process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, and/or reviewing a Rooster’s Booking and cancellation history. Only Roosters who are registered account holders (not Co-travelers) are subject to these conditions and requirements.
2.3 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Rooster or Co-traveler’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Rooster’s to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Roosters, (ii) screen Roosters against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Rooster, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available). We also reserve the right to use internet searches and various social media platforms to identify Roosters.
2.4 For international Roosters (not from the United States): International background checks are complex and difficult to carry out. Each country has its own set of laws and different countries have varying laws about the type of background checks that are available and who is allowed to access them. For this reason, international Roosters may be subject to a different background checking procedure. For international Roosters, Roost reserves the right, at its sole discretion, to not conduct background checks and identity screening.
2.5 In some instances Roost may be unable to conduct a background check via our standard third-party public records database. If this is the case Roost reserves the right, at its sole discretion, to conduct a different background check and identity screening procedure or not conduct a background check and identity screening.
2.6 The access to or use of certain areas and features of the Roost Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions before you can access the relevant areas or features of the Roost Platform. If there is a conflict between these Terms and any terms, conditions, or policies applicable to a specific area or feature of the Roost Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.
2.7 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the Roost Platform implement APIs. Your use of these APIs is subject to their terms of service.
3. Modification of these Terms
Roost may amend the Terms from time to time. Amendments will be effective upon Roost’s posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. If you do not terminate your Agreement, your continued access to or use of the Roost Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 You must register an account ("Roost Account") to access and use certain features of the Roost Platform, such as completing a Booking. If you are registering a Roost Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register a Roost Account using an email address.
4.3 You must provide accurate, current and complete information during the registration process and keep your Roost Account and Roost Profile information up-to-date at all times.
4.4 You may not register more than one (1) Roost Account unless Roost authorizes you to do so. You may not assign or otherwise transfer your Roost Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your Roost Account credentials and may not disclose your credentials to any third party. You must immediately notify Roost if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Roost Account. You are liable for any and all activities conducted through your Roost Account unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
4.6 Roost may enable features that allow you to authorize other Roosters or certain third parties to take certain actions that affect your Roost Account. For example, we may enable Roosters to link their Roost Accounts to businesses and take actions for those businesses, we may enable eligible Roosters or certain third parties to book Roost Services on behalf of other Roosters. These features do not require that you share your credentials with any other person. No third party is authorized by Roost to ask for your credentials, and you shall not request the credentials of another Rooster.
5.1 Roost may, at its sole discretion, enable Roosters to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Roost Platform ("Rooster Content"); and (ii) access and view Rooster Content and any content that Roost itself makes available on or through the Roost Platform, including proprietary Roost content and any content licensed or authorized for use by or through Roost from a third party ("Roost Content" and together with Rooster Content, "Collective Content").
5.2 The Roost Platform, Roost Content, and Rooster Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Roost Platform and Roost Content, including all associated intellectual property rights, are the exclusive property of Roost and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Roost Platform, Roost Content or Rooster Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Roost used on or in connection with the Roost Platform and Roost Content are trademarks or registered trademarks of Roost in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Roost Platform, Roost Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Roost Platform or Collective Content, except to the extent you are the legal owner of certain Rooster Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Roost or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, Roost grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Roost Platform and accessible to you, solely for your personal and non-commercial use.
5.6 You are solely responsible for all Rooster Content that you make available on or through the Roost Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Rooster Content that you make available on or through the Roost Platform or you have all rights, licenses, consents and releases that are necessary to grant to Roost the rights in and to such Rooster Content, as contemplated under these Terms; and (ii) neither the Rooster Content nor your posting, uploading, publication, submission or transmittal of the Rooster Content or Roost’s use of the Rooster Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.7 You will not post, upload, publish, submit or transmit any Rooster Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates Roost’s Roommate Behavior Policy or any other Roost policy. Roost may, without prior notice, remove or disable access to any Rooster Content that Roost finds to be in violation of applicable law, these Terms or Roost’s then-current policies, or otherwise may be harmful or objectionable to Roost, Roosters, third parties, or property.
5.8 Roost respects copyright law and expects its Roosters to do the same. If you believe that any content on the Roost Platform infringes copyrights you own, please notify us.
6. Roost Fees
6.1 Roost may charge fees to Roost Services providers ("Roost Services Fees") and/or Roosters ("Rooster Fees") (collectively, "Service Fees") in consideration for the use of the Roost Platform.
6.2 Any applicable Service Fees (excluding any applicable Taxes) may or may not be displayed to a Rooster prior to Completing a Booking. Roost reserves the right to change the Service Fees at any time. Such fee changes will not affect any Bookings made prior to the effective date of the fee change.
6.3 You are responsible for paying any Service Fees that you owe to Roost. The applicable Service Fees (including any applicable Taxes) are collected and processed by Stripe on behalf of Roost.
7. Bookings and Listing Stays
7.1 Terms applicable to all Bookings
7.1.1 Subject to meeting any requirements (such as completing any verification processes) set by Roost, a registered Roost Account holder can make a Booking available on the Roost Platform by following the respective Booking process. All applicable fees including any applicable Taxes (collectively, “Total Fees”) will be included in the displayed price prior to Booking a Roost Accommodation Service. You agree to pay the Total Fees for any Booking requested in connection with your Roost Account.
7.1.2 Upon receipt and confirmation of a completed Booking from Roost, a legally binding agreement is formed between you, and if applicable your Roommate(s) and your Accommodation Provider. We will collect the Total Fees at the time your Booking is completed.
7.1.3 If you make a Booking on behalf of a Co-traveler, you are required to ensure that they meet any requirements set by Roost, the Accommodation Provider, and is made aware of and agrees to these Terms and any terms and conditions, policies, and rules and restrictions set by Roost and any Roost Services Provider. If you are Booking for a Co-traveler who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in Roost Services if accompanied by an authorized adult who is responsible for them.
7.1.4 If you or your Co-traveler require an Accommodation with special accessibility features ("Accessibility Features”) including but not limited to in-room accessibility features and bathroom accessibility features, you must inform Roost before completing your the Booking process (“Accessibility Request”). We will do our best to honor your Accessibility Request. However, due to the limited number of Accommodations with Accessibility Features and other factors out of Roost’s control, Roost cannot guarantee that we will be able to fulfill your Accessibility Request nor that the Accommodation will have any your requested Accessibility Features upon your arrival.
7.2 Finding your Roommate (Tagging and Matching)
7.2.1 When viewing Potential Roommates profiles, a Rooster may be able to filter their Potential Roommates' profiles by sex (Males, Females, and Gender non-conforming). Roost does not make any assumptions, guarantees, or certifications about any Roosters’ actual sex or gender.
7.2.2 You may be able to view, Filter (as defined below), and Tag (as defined below) the profiles of Roosters ("Potential Roommates") who you want to share an Accommodation with. You may be able to Filter Potential Roommates who are traveling to your destination on or around your trip dates by Age, Sex, Preferences, Rating, Top Picks, etc ("Filters"). When you ("Tag") a Rooster you are indicating that you want/would be comfortable sharing an Accommodation with them. Roosters may ("Untag") a profile after Tagging it. You will only ("Match") with a Potential Roommate and become Roommates if both of you Tagged each other's Roost Profiles. Once you Match with a Roommate, 50% of your booking total will automatically be refunded to your original form of payment ("50% Roommate Match Refund").
7.2.3 All Roommate Matches are final. Once you Match with a Roommate you may not ("Unmatch") with them.
7.2.4 If you do not Match with a Roommate by 3 days before your check-in date, or any earlier stated date, you will stay in your own private Accommodation without a Roommate.
7.2.5 Once you Match with a Roommate your payment is non-refundable. If you cancel your trip after matching with a roommate, or within 3 days of your check-in date, your payment is non-refundable and is non-transferable.
7.2.6 All payments are processed through Stripe, our payment processor. Roost does not store any of your payment information.
7.3 Top Picks
7.3.1 If available, Roosters can view the Profiles of Compatible (as defined below) Roommates by activating the Top Picks filter. These Roosters' profiles have scored relatively highly with you based on Roost's Roommate Matching Algorithm. Roost make no claims or guarantees that any Potential Roommate (and/or their Co-traveler) in Top Picks will be compatible with you in real life.
7.4 Instant Match
7.4.1 You can view the Profiles of Potential Roommates who have either a). already tagged your profile and indicated a willingness to share an Accommodation with you. If you Tag a Potential Roommate in Instant Match you will instantly match with them. As a reminder, all Roommate Matches are final.
7.5.1 Any mention of the term Compatible, or any similar term, is used only in relation to Roost’s Roommate Matching Algorithm (which considers Roosters’ trip dates, destination, and stated roommate preferences and analyzes dozens of data points from Roosters’ Roost profile). Roost make no claims or guarantees that any Potential Roommate or Roommate will be compatible with any Rooster and/or Co-traveler in real life.
7.6 Roosters Staying In Their Own Private Accommodations
7.6.1 If a Rooster has not matched with a Roommate by 3 days before their check-in date (or any other stated date) or they have indicated they wish to stay in their own private Accommodation, they will stay in their own private Accommodation without a Roommate. If this is the case, they will not be receive the 50% Roommate Match Refund.
7.6.2 Roosters who are staying in their own private Accommodations are not permitted to advertise, sell, or share any vacant sleeping arrangement.
7.7 Booking Accommodations
7.7.1 You understand that a confirmed Booking of an Accommodation is a limited license granted to you (and if applicable your Co-traveler and Roommate) by the Accommodation Provider and you are bound by the terms, policies, or standards of the Accommodation provider.
7.7.2 You agree to adhere to all of the Accommodation Provider’s rules, policies and regulations. You agree that Roost is in no way responsible or liable for any matter relating to your stay at the Accommodation.
7.7.3 Roost makes no guarantee, claim, or certification about any Accommodation including location, room type, room layout, sleeping arrangement (# of beds, availability of cot, pull-out couch, etc), quality, safety, accessibility, or star rating. Any claim of an Accommodations star rating is made from either the Accommodation Provider or a third party and not from Roost.
7.7.4 The geographic region(s) quoted/selected on the Roost Platform are only estimates. In some cases, due to factors outside of Roost's control, such as but not limited to Accommodation vacancies and costs, your Accommodation may be located outside of the quoted/selected geographic region(s). Due to these same factors, your Accommodation may be of a different Class that what you selected when Booking. Roost will do it's best to make sure your Accommodation is both the class you selected and in the region(s) you were quoted/selected when Booking, however, Roost, at its sole discretion may be forced to deviate your selections. If your Accommodation is located more than "slightly" outside the geographic region(s) quoted/selected on our site or your Accommodation is a nt the class you selected, you may, at Roost’s sole discretion, qualify to cancel your booking and receive a full refund. Roost, at its sole discretion, may also facilitate an automatic refund. Roost reserves the right, but not the obligation, to upgrade your Accommodation class and/or change the geographic region where you Accommodation is located.
7.7.5 You agree to arrive at the Accommodation no earlier than the specified check-in time or such other time as mutually agreed upon between you the Accommodation Provider. You agree to leave the Accommodation no later than the specified checkout time or such other time as mutually agreed upon between you and the Accommodation Provider. If you stay past the agreed upon checkout time without the Accommodation providers consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Accommodation provider is entitled to make you leave in a manner consistent with applicable law and/or their rules and policies. In addition, you agree to pay, if requested by the Accommodation provider, whatever amount they request in accordance with their own early check-in and late checkout policies. Again, you agree to adhere to all Accommodation Provider’s rules, policies, and regulations.
7.8 Roost Travel Credit
7.8.1 Roost Travel Credit (“Travel Credit”) may be redeemed for eligible Bookings via the Roost Platform. You may only redeem Travel Credits after the Travel Credits are reflected in your Roost Account.
7.8.2 Roosters can earn Travel Credits if: (i) a referred friend clicks on their referral link to create a valid Roost account that complies with the Terms of Service; and (ii) the referred friend completes a Qualifying Trip (as defined below).
7.8.3 You can earn up to the specified amount of Travel Credits in the referral invitation or accompanying promotional materials for each person you refer to Roost. Each person you refer to Roost will earn the specified amount of Travel Credits in the referral invitation or accompanying promotion materials off their first trip. Your Roost Travel Credits will become available after they make a new Roost Account using the link you sent them and have completed their first Qualifying Trip (as defined below).
7.8.4 The referring Rooster will be credited with the Travel Credit amount(s) specified for each type of reservation in the referral invitation or accompanying promotional materials after the completion of the referred friend’s Qualifying Trip (as defined below). The maximum Travel Credit that can be earned per Rooster will be $2,500 USD total (or its local equivalent* if we support it) unless indicated otherwise in the referral invitation or accompanying promotional materials.
7.8.5 A ("Qualifying Trip") must meet the minimum total value (excluding taxes). This value may be changed at any time by Roost at our sole discretion and may change based on currency fluctuations. Previously Qualified Trips will not be subject to this change. All Qualifying Trips must be booked and paid for via the Roost platform, and the referred friend must complete the stay (successfully check out) before the referring Rooster can receive their Roost Travel Credit. Referring Rooster will not earn travel credit if the Referred Rooster cancels their trip, or, at Roost’s sole discretion, for any reason that would disqualify them from earning Travel Credit.
7.8.6 Travel Credits may only be redeemed via the Roost Platform. Once earned, Travel Credits will appear as Travel Credit on the “Complete your booking” page. Travel Credits must be used within one year from the date they are issued, after which they will expire. Travel Credits are coupons issued for promotional purposes; they have no cash value and may not be transferred or exchanged for cash. Travel Credits may not be applied to a reservation of 28 nights or more.
7.8.7 Travel Credit may not be earned by creating multiple Roost Accounts. Travel Credits accrued in separate Roost Accounts may not be combined into one Roost Account.
7.8.8 If for any reason you believe that there is a discrepancy regarding your balance of Travel Credits, please contact us. Roost may require you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at Roost’s sole discretion.
7.8.9 Roost Travel Credit is non-refundable should you cancel your trip.
7.8.10 You are responsible for any Tax consequences that may result from your redemption or use of Roost Travel Credit.
7.9 Sharing Referral Links
7.9.1 Referrals should only be used for personal and non-commercial purposes. Roosters are prohibited from paying to advertise their referral links.
7.10 Referred Friends
7.10.1 Referred friends who have signed up using a valid referral link will also receive Travel Credit in the amount(s) indicated in the referral invitation or accompanying promotional materials that can be used on their next Qualifying Trip on Roost. Travel Credits are not automatically applied and must be entered during checkout. Travel Credits may not be transferred to another person, exchanged for cash, or combined with other Roost referral programs or incentives.
7.10.2 For Referred Roosters, Travel Credits expire 1 year from when you sign up for a Roost account. Roost reserves the right to any remedy, including cancellation of your account or Booking, if fraud, tampering, violations of these terms or Roost’s Terms of Service or technical errors are suspected. If your reservation later qualifies for a refund, the maximum refund you may receive is the amount you actually paid.
7.11 Multiple Referrals
7.11.1 A referred friend may only use one referral link. If a referred friend receives referral links from multiple Roosters, only the Rooster associated with the referral link actually used by the referred friend will receive Travel Credit. The Program may not be combined with other Roost referral programs or incentives.
7.12 Termination and Changes
7.12.1 Roost may suspend or terminate the Roost Travel Credit and Referral Program or a user’s ability to participate in it at any time for any reason.
7.12.2 We reserve the right to suspend accounts or remove Travel Credits if we notice any activity that we believe is abusive, fraudulent, or in violation of the Roost Terms of Service. We reserve the right to review and investigate all referral activities and to suspend accounts or modify referrals in our sole discretion as deemed fair and appropriate.
7.12.3 The scope, variety, and type of services and products that you may obtain by redeeming Travel Credits can change at any time.
7.13 Updates to the Terms
7.13.1 We can update the Roost Travel Credit and Referral terms at any time without prior notice. If we modify these terms, we will post the modification on the Roost website, applications, or services, which are effective upon posting. Continued participation in the Program after any modification shall constitute consent to such modification.
7.13.2 If available, the local currency equivalent Travel Credit amount will be calculated using a system-wide rate, known as the base exchange rate, for currency conversion using data from one or more third parties, such as OANDA. We regularly update the base exchange rate, but it may not be identical to the real-time market rate.
7.14.1 If any provision in these the terms in sections 7.9, 7.10, 7.11, 7.12, 7.13, 7.14 and 7.15 are held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions of these Terms of Service.
7.15 Promotional (Promo) Codes
7.15.1 From time to time Roost may make Promo Codes available. Promo Codes are not automatically applied and must be entered during checkout. Promo Codes may not be exchanged for cash, or combined with other Roost referral programs or incentives.
7.15.2 Roost reserves the right to any remedy, including cancellation of your account or reservations, if fraud, tampering, violations of these terms or Roost’s Terms of Service or technical errors are suspected. If your reservation later qualifies for a refund, the maximum refund you may receive is the amount you actually paid.
7.16 Reporting a Rooster
7.16.1 After matching with their Roommate, a Rooster may report their Roommate's profile if their Roommate: (i) has violated Roost’s Roommate Behavior Policy or any other Roost policy; (ii) has displayed any violent, threatening, defamatory, libelous, obscene, pornographic, vulgar, offensive, discriminatory, racist, hateful, or harassing behavior including bigotry against any individual or group; (iii) promotes illegal or harmful activities or substances.
7.16.2 After a report has been submitted, Roost will investigate and evaluate the claims in the report to our reasonable ability. Note: for this reason, Roost strongly recommends that all communications between Roosters take place on the Roost Platform. If Roosters need to communicate outside of the Roost Platform they should do so via email or text so there is a written record of all communication.
7.16.3 Roost, at its sole discretion, reserves the right to any remedy to the report, including but not limited to rematching the reporting Rooster with another Roommate, canceling any of the reported Rooster’s trips with or without refund, and suspending or terminating the reported Rooster’s Roost Account.
7.16.4 Rooster’s may not make any purposeful false claims when reporting a Rooster. In our investigation, should Roost find that the reporting Rooster made any purposeful false claims, Roost, at its sole discretion, reserves the right to cancel any of the reporting Rooster’s trips with or without refund, and suspend or terminate that Rooster’s Roost Account.
7.17 Listing a stay
7.17.1 In addition to Booking on Roost, we also allow Roosters to list accommodations that were booked via third-parties ("Third-Party Bookings") and find a Roommate(s) ("Listing Your Stay") ("Submitting Your Listing"). This includes hotel rooms and other approved short term accommodations such as vacation rentals ("Stays") ("Listing"). Note: at no point in time does Roost take ownership or control of your Listing. Any contract that you aigned or agreed to with the owner/provider/manager of your Listing remains in effect.
7.17.2 In order to List your Stay you must A) be a registered Roost account holder and B) your stay must meet the required approval process ("Approved Listing"). By Submitting Your Listing you acknowledge that your listing exists, you have a confirmed reservation, and all information submitted in association with your Stay, including information about your Co-Traveler(s), is truthful and accurate. Submitting false or misleading information may lead to your Roost account being suspended, terminated, and/or other penalties. If Roost, at our sole discretion, deems it necessary to provide your Roommate(s) with a different accommodation, we reserve the right to charge the card associated with your listing twice (2 times) whatever the cost is necessary to provide your Roommate(s) with an acceptable accommodation.
7.17.3 In order to List Your Stay, your Stay must meet the following requirements and any other requirements set by Roost. A) Your stay exists and was booked via an approved third-party. B) You have a confirmed reservation. C) All the details you submitted about your stay must be accurate and match your reservation confirmation email. D) Your stay must have at least 1 empty bed. Floor space does not count as a bed. E) When you match with a Roommate(s) your party may not exceed the listed maximum occupancy of your stay.
7.17.4 If you are no longer are looking for a Roommate(s) for whatever reason you must promptly cancel your Listing.
7.17.5 Once you Match with a Roommate(s) you are required to do everything in your power to let and help your Roommate(s) stay with you. Failure to do so may result in the penalties outlined in section 7.17.2 or any other penalties enforced by Roost. After Matching with a Roommate(s), you must inform them of any modifications or changes to your Third Party Booking. Furthermore, you must consult your Roommate(s) and get their approval on any modifications to your Third-Party Booking. This includes looking for/finding more Roommate(s), cancellations, or modifications of any manner.
7.17.6 We allow you to set a price and get paid ("Roommate Match Payout"). You may set any price you like (for the entire length of your stay). Payment will be made via PayPal (or any other approved Payout Methods) ("Payout Methods") to the Payout Method associated with your Roost account and for that Listing. For security purposes, your Roommate Match Payout will be held by Roost until 3 days after your trip ends. Roost reserves the right to charge your Roommate(s) a fee ("Stay Fee") in addition to the price that you set. Note: Roommate Match Payouts are NOT a sublease. As the Listing Rooster, you maintain control and ownership of your Listing before, during, and after your trip ("Reservation Owner"). The Roommate Match Payout is a fee that you charge to potential Roommate(s) to let them join you on your trip. Roost is simply an intermediary helping facilitate any such transaction.
7.17.7 We may require you to submit payment information in order to List Your Stay. In order to List Your Stay. We may also charge a security deposit.
7.17.8 After matching with a Roommate(s), all Roosters must obey all rules and policies set by the Stay in addition to Roost's Terms and Policies.
7.17.9 You must coordinate check-in with your Roommate(s) before your check in date.
7.17.10 You must coordinate check-out with your Roommate(s) before your checkout date.
7.17.11 You must pay for any incidentals or Extra Charges (as defined in section 10) before checking out, either to the owner/manager of the Stay or, if you name is not listed on the reservation confirmation, to the Rooster whose name is.
7.17.12 The Rooster whose name is listed on the reservation confirmation is responsible for all communication with the owner/manager of the stay.
8. Booking Modifications, Cancellations, and Refunds
8.1 Roosters are responsible for any cancellations to a Booking (“Trip Cancellations”) that they make via the Roost Platform or direct Roost customer service to make, and agree to pay any additional fees and taxes associated with such Trip Cancellations.
8.2 Roosters can make Trip Cancellations at any time until their trip starts. You may cancel a trip anytime before matching with a roommate. If you cancel a trip after matching with a roommate, or it’s within 3 days of your check-in date, your payment is non-refundable and non-transferable. All refunds, including the 50% Roommate Match Refund, will be processed immediately by Roost. Refunds may take up to 14 days, and in rare cases longer, for your bank to process.
8.3 A Rooster should make a Trip Cancellation if they (or their Co-traveler) will not be staying at their given Accommodation for the full length of their Trip. Canceling a Trip that you will no longer be going on is a courtesy to your Roommate.
8.4 Once a Rooster matches with a Roommate, their payment is non-refundable.
8.5 The payment associated with a Booking is always non-transferrable to another Booking.
8.6 If an Accommodation Provider cancels the Accommodation Reservation, Roost will attempt to find the affected Roosters another Accommodation. If Roost is unable to find another Accommodation, Roosters will receive a full refund of the Total Fees for such Booking. In some instances, Roost may allow the Rooster to apply the refund to a new Booking.
8.7 In certain circumstances, Roost may decide, in its sole discretion, that it is necessary to cancel a Booking. Any refunds or payouts will be made at Roost’s sole discretion. Roost may cancel a Booking when we believe in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Roost, other Roosters, third parties or property, or (ii) for any of the reasons set out in these Terms.
8.8 Roost will not issue any refund if a Rooster suffers a Travel Issue such as but not limited to transportation cancellation and delays, or for anything outside of Roost’s control (e.g., Event cancellation/modifications, weather, incomplete travel documents, etc).
9. Ratings and Reviews
9.1 Within 14 days of your scheduled checkout date, Roosters can leave a review (“Review”) and submit a star rating (“Rating”) of their Roommate Match. From here on the Ratings and Reviews process may be referred to together as Reviews. Reviews reflect the opinions of individual Roosters and do not reflect the opinion of Roost. Reviews are not verified by Roost for accuracy and may be incorrect or misleading.
9.2 You must leave your review within 14 days of your scheduled checkout date. After 14 days you will not be able to leave a Review. If you do not leave a Review within this timeframe we will assume that your trip went well and we reserve the right to apply a 5-star rating to your Roommate on your behalf.
9.3 Reviews by Roosters must be accurate and may not contain any offensive or defamatory language. Reviews must comply with Roost’s Roommate Behavior Policy. You must rate and review your Roommate based on how they were as a roommate (not as a friend).
9.4 Roosters are prohibited from manipulating the Review system in any manner, such as instructing a third party to write a positive or negative Review about another Rooster.
9.5 Reviews are part of a Rooster’s Roost Profile and may also be surfaced elsewhere on the Roost Platform.
9.6 In certain circumstances, Roost may decide, in its sole discretion, that your Review will not affect your Roommate’s Rating or what is displayed on your profile.
9.7 What you type in the Review text box is strictly confidential and will never be shared with your Roommate.
9.8 In certain circumstances, Roost may decide, in its sole discretion, to suspend and or terminate your account due to ratings and reviews of you.
10. Damage to Accommodations, Extra Charges, and Disputes between Roosters
10.1 As a Rooster, you are responsible for leaving the Accommodation (including any property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of your Co-traveler.
10.2 If an Accommodation Provider claims and provides evidence that you or your Co-traveler have damaged an Accommodation or any personal or other property at an Accommodation ("Damage Claim"), the Accommodation provider can seek payment from you, your Roommate, and any Co-travelers. All Damage Claims will be handled between you, your Roommate, any Co-travelers involved, and the Accommodation Provider. Roost does not get involved in the Damage Claim process and is not liable for any damages that arise from a Damage Claim. Again, you agree to adhere to all Accommodation Provider’s rules, policies, and regulations and Roost shall bear no responsibility or liability for any damages to the Accommodation.
10.3 There may be additional mandatory (or optional) (“Extra Charges”) brought on by the Accommodation Provider that we may or may not have informed you of. Extra Charges include, but are not limited to, additional taxes, resort fees, room service, room damage, property damage, noise complaints, fines, mini-bar, parking, dry cleaning, and late check-in and checkout requests. Roost is not responsible for paying Extra Charges. All Extra Charges must be paid at the property, either at check-in, during the time of use, or when checking out. You and your Roommate are responsible for any extra charges incurred.
10.4 It is up to both you and your Roommate to work out how to pay for any Extra Charges. In the case that Roosters cannot agree as to how much each party should pay, the charges should be split equally. Roost does not get involved with any matter related to Extra Charges.
10.5 Pets and Service Animals
10.5.1 In accordance with state and federal laws, and your Accommodation Provider's Pet and Service Animal Policy, registered service animals are permitted to accompany you during your trip.
10.5.2 If you wish to bring a pet that is not a service animal, you must first check with your Accommodation Provider and get written consent from your Roommate before your trip starts. If your Accommodation Provider does not allow pets or you do not get written consent from your Roommate prior to the start of your trip than you are not allowed to bring your pet.
10.5.3 Some Accommodation Providers will allow you to bring your pet for a fee. You are solely responsible for all pet-related fees and charges (pet entry fee, room damage, noise complaints, etc).
10.5.4 It is your responsibility to care of your pet at all times. Please bring a carrier or blanket to reduce the risk of damage or mess to the Accommodation.
11. International Travel
11.1 You are responsible for ensuring that you and any Co-traveler meet all foreign entry requirements and that your travel documents, including but not limited to passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. Roost has no special knowledge regarding foreign entry requirements or travel documents. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.
11.2 Passport and Visa: You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information before Booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.
12. Health and Disinsection
12.1 Health: Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.
12.2 Disinsection: Although not common, most countries reserve the right to disinsect aircraft if there is a perceived threat to public health, agriculture or environment. The World Health Organization and the International Civil Aviation Organization have approved the following disinsection procedures: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft’s interior surfaces with a residual insecticide while passengers are not on board. For more information, see: http://ostpxweb.dot.gov/policy/safetyenergyenv/disinsection.htm.
13.1 You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where your Accommodation is located may require Taxes to be collected and to be remitted to the respective Tax Authority. The laws in jurisdictions vary, but these Taxes may be required to be collected and remitted as a percentage of the nightly rate, a set amount per day or night, or other variations, and are sometimes called "transient occupancy taxes," "hotel taxes," "lodging taxes," "city taxes," "room taxes" or "tourist taxes" ("Occupancy Taxes").
14. Prohibited Activities
14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Roost Platform. In connection with your use of the Roost Platform, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or any of our Terms and Policies.
- use the Roost Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Roost’s endorsement, partnership or otherwise misleads others as to your affiliation with Roost;
- use the Roost Platform in connection with the distribution of unsolicited commercial messages ("spam");
- Invite or bring any third parties into the Accommodation;
- engage in any sexual activities with your Roommate(s) or Co-traveler;
- advertise or sell your Accommodation to anyone in any way;
- contact another Rooster for any purpose other than asking a question related to your own trip, or the Rooster’s use of Roost Platform, including, but not limited to, recruiting or otherwise soliciting any Rooster to join third-party services, applications or websites, without our prior written approval;
- use the Roost Platform to make a Booking independent of the Roost Platform, to circumvent any Service Fees or for any other reason;
- request, accept or make any payment for Accommodation Services outside of the Roost Platform. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Roost harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
- use, display, mirror or frame the Roost Platform or Collective Content, or any individual element within the Roost Platform, Roost’s name, any Roost trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Roost Platform, without Roost’s express written consent;
- dilute, tarnish or otherwise harm the Roost brand in any way, including through unauthorized use of Collective Content, registering and/or using Roost or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Roost domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Roost Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Roost or any of Roost’s providers or any other third party to protect the Roost Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Roost Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Roost Platform;
- export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
14.2 You acknowledge that Roost has no obligation to monitor the access to or use of the Roost Platform by any Rooster or to review, disable access to, or edit any Rooster Content, but has the right to do so to (i) operate, secure and improve the Roost Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Roosters’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Rooster Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Roosters agree to cooperate with and assist Roost in good faith, and to provide Roost with such information and take such actions as may be reasonably requested by Roost with respect to any investigation undertaken by Roost or a representative of Roost regarding the use or abuse of the Roost Platform.
14.3 If you feel that any Rooster you interact with, whether online or in-person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Roost by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
15.1 You acknowledge that Roost has the right, but not the obligation, to send you emails, text (SMS) messages, push notifications, and other forms of communications to update you about Important Trip Updates & Reminders (as defined below) and that any data and other charges may occur that occur from this communication is your responsibility.
15.2 While not required, Roost highly recommends that you enable us to send you SMS messages in addition to emails to notify you of Important Trip Updates & Reminders. ("Important Trip Updates & Reminders") include time-sensitive and/or actionable information regarding your Booking and finding/matching with your Roommate.
15.3 You acknowledge that your registered email address and cell phone number are accurate. Roost is not responsible for any liability or damages that occurs from you either not receiving or not viewing communication from Roost.
16. Term and Termination, Suspension and other Measures
16.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Roost terminate the Agreement in accordance with this provision or Roost updates these terms.
16.2 You may terminate this Agreement at any time by sending us an email. If you delete your Roost Account any confirmed Booking(s) will be automatically canceled. Any refunds will be issued at Roost’s sole discretion.
16.3 Without limiting our rights specified below, Roost may terminate this Agreement for convenience at any time or update these terms by giving you notice via email to your registered email address.
16.4 Roost may immediately, without notice, terminate this Agreement and/or stop providing access to the Roost Platform if (i) you have materially breached your obligations under these Terms, or our Policies, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Roost believes in good faith that such action is reasonably necessary to protect the personal safety or property of Roost, Roosters, or third parties.
16.5 In addition, Roost may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, our policies, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Roost Account registration, or thereafter, (iv) you have repeatedly received poor Ratings or Reviews or Roost otherwise becomes aware of or has received complaints about your performance or conduct, (v) you have repeatedly canceled completed Bookings or repeatedly fail to respond to Rooster’s messages via the Roost Messaging System or outreach from Roost without a valid reason, or (vi) Roost believes in good faith that such action is reasonably necessary to protect the personal safety or property of Roost, Roosters, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface or delete any Ratings, Reviews, or other Rooster Content;
- cancel any pending or confirmed Bookings;
- limit your access to or use of the Roost Platform;
- temporarily or permanently revoke any special status associated with your Roost Account;
- temporarily or in case of severe or repeated offenses permanently suspend your Roost Account and stop providing access to the Roost Platform.
In the case of non-material breaches and where appropriate, you will be given notice of any intended measure by Roost and an opportunity to resolve the issue to Roost’s reasonable satisfaction.
16.6 When this Agreement has been terminated, you are not entitled to a restoration of your Roost Account or any of your Rooster Content. If your access to or use of the Roost Platform has been limited or your Roost Account has been suspended or terminated, this Agreement has been terminated by us and you may not register a new Roost Account or access and use the Roost Platform through a Roost Account of another Rooster as a Co-traveler.
16.7 Sections 5 and 17 to 23 of these Terms shall survive any termination or expiration of this Agreement.
If you choose to use the Roost Platform or Collective Content, you do so voluntarily and at your sole risk. The Roost Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the Roost Services, laws, rules, or regulations that may be applicable to your trip.
If we choose to conduct identity verification or background checks on any Rooster, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Rooster or guarantee that a Rooster will not engage in misconduct in the future.
You agree that your use of the Roost Platform carries inherent risk, and by using the Roost Platform, you choose to assume those risks voluntarily. For example, your use of the Roost Platform carries risk of illness, bodily injury, sexual assault and misconduct, disability, mental or personal injury, or death, and you freely and willfully assume those risks by choosing to participate in those Roost Services. You assume full responsibility for the choices you make before, during and after your participation in a Roost Service. If you are bringing a minor as a Co-traveler, you are solely responsible for the supervision of that minor throughout the duration of your Roost Service and to the maximum extent permitted by law, you agree to release and hold harmless Roost from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Roost Service or in any way related to your Roost Service.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Roost Platform and Collective Content, your publishing or Booking of any Roost Service via the Roost Platform, your stay at any Accommodation, or any other interaction you have with other Roosters and their Co-travelers, whether in person or online remains with you. Neither Roost nor any other party involved in creating, producing, or delivering the Roost Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Roost Platform or Collective Content, (iii) from any communications, interactions or meetings with other Roosters or other persons with whom you communicate, interact or meet with as a result of your use of the Roost Platform, or (iv) from your Booking of an Accommodation, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Roost has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. In no event will Roost’s aggregate liability arising out of or in connection with these Terms and your use of the Roost Platform including, but not limited to, from your Booking of any Accommodation via the Roost Platform, or from the use of or inability to use the Roost Platform or Collective Content and in connection with any Accommodation, Experience, Event, other Roost Service, or interactions with any other Roosters and their Co-travelers, exceed the amounts you have paid for Bookings via the Roost Platform as a guest in the twelve (12) month period prior to the event giving rise to the liability. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Roost and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Roost’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
To the maximum extent permitted by applicable law, you agree to release, defend (at Roost’s option), indemnify, and hold Roost and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Roost Platform or any Roost Services, (iii) your interaction with any Rooster, stay at an Accommodation, participation in an Experience, Event or other Roost Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) Roost’s Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.
20. Dispute Resolution and Arbitration Agreement
20.1 This Dispute Resolution and Arbitration Agreement shall apply if your (i) country of residence or establishment is in the United States; or (ii) your country of residence or establishment is not in the United States, but bring any claim against Roost in the United States.
20.2 Overview of Dispute Resolution Process. Roost is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 20.1 applies: (1) an informal negotiation directly with Roost’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 20). Specifically, the Consumer Arbitration Rules provide:
- Claims can be filed with AAA online (www.adr.org);
- Arbitrators must be neutral and no party may unilaterally select an arbitrator;
- Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
- Parties retain the right to seek relief in small claims court for certain claims, at their option;
- The initial filing fee for the consumer is capped at $200;
- The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
- The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.
20.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Roost each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Roost’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
20.4 Agreement to Arbitrate. You and Roost mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the Roost Platform, the Roost Services, or the Collective Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to your dispute, you and Roost agree that the arbitrator will decide that issue.
20.5 Exceptions to Arbitration Agreement. You and Roost each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
20.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
20.7 Modification to AAA Rules - Arbitration Hearing/Location. You agree that any required arbitration hearing will be conducted in (a) Middlesex County (Massachusetts, USA); or (b) in any other location to which you and Roost both agree; (c) via phone or video conference if you and Roost both agree.
20.8 Modification of AAA Rules - Attorney’s Fees and Costs. You and Roost agree that Roost will be responsible for payment of the balance of any initial filing fee under the AAA Rules in excess of $200 for claims of $75,000 or less. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Roost reserves the right to seek, recover, and collect attorneys’ fees, expenses, and any damages if it prevails in arbitration.
20.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
20.10 Jury Trial Waiver. You and Roost acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable disputes.
20.11 No Class Actions or Representative Proceedings. You and Roost acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all Disputes. Further, unless you and Roost both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this “class action lawsuit” waiver is held unenforceable with respect to any dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such dispute and the dispute must proceed in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section 20.11 is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and you and Roost agree that any private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.
20.12 Severability. Except as provided in Section 20.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
20.13 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if Roost changes this Section 20 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Roost’s email to you notifying you of such change. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Roost (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Roost.
20.14 Survival. Except as provided in Section 20.12 and subject to Section 16.7, this Section 20 will survive any termination of these Terms and will continue to apply even if you stop using the Roost Platform or terminate your Roost Account.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Roost Platform (“Feedback“). You may submit Feedback by emailing us or by other means of communication (contact us). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
22. Applicable Law and Jurisdiction
22.1 If your country of residence or establishment is the United States, these Terms will be interpreted in accordance with the laws of the State of Delaware and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 20 must be brought in the state or federal court in the location of Roost’s main office unless we both agree to some other location.
22.2 The arbitration proceedings shall be conducted in English. The arbitral award rendered is final and binding upon both parties.
22.3 If your country of residence or establishment is outside of the United States, these Terms will be interpreted in accordance with U.S. law.
23. General Provisions
23.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Roost and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Roost and you in relation to the access to and use of the Roost Platform.
23.2 No joint venture, partnership, employment, or agency relationship exists between you and Roost as a result of this Agreement or your use of the Roost Platform.
23.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
23.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
23.5 Roost’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
23.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Roost’s prior written consent. Roost may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion. Your right to terminate this Agreement at any time remains unaffected.
23.7 Unless specified otherwise, any notices or other communications to Roosters permitted or required under this Agreement, will be provided electronically and given by Roost via email, Roost Platform notification, or messaging service (including SMS and WeChat).
23.8 If you have any questions about these Terms please contact us.