Review, rank, and endorse your roommates!
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Room with Confidence
Ever wonder why you can review any product, restaurant or college professor, but nowhere exists the ability to review your roommate? That all changes with Chillow. Chillow is the mobile application that finally allows roommates the ability to review, rank, and endorse each other based on your past living experience. Finally allowing renters across the globe the opportunity to "roommate with confidence."
Leaving the Nest
“Not only is the app easy to navigate, but the concept is something we desperately need. Being a 22-year old college graduate, I am currently struggling to find a good roommate whom I can trust and have a good living experience with, and this app would help me do just that. I will definitely be a Chillow user!”
Like Gambling? Find a roommate on Craigslist.
“After hearing about Chillow, I realized how there is nothing out there to help ensure quality housing for renters today! It’s crazy! It is a gamble going through Craigslist to find a roommate. No thank you...! Chillow is going to be an invaluable resource!"
- Andrew P.
Quality of Life.
“This is definitely going to help many people afford a better quality of life for years to come...including me! I just wish I had
access to it sooner.”
“I can’t believe this app hasn’t existed until now. This would have saved me so much time and effort trying to get to know my potential roommate within the short house tour. I would have especially loved Chillow when I was in college. Many of my roommates led a different lifestyle.
Finding the Right Roommate
...is extremely difficult. That person can be your best friend or your sworn enemy depending on how well you both align. With Chillow, I can learn about other people's experiences with potential roommates beforehand.
Where's the Chillow "Sign Up" button?!
Where were you a year ago?!
“Chillow is an amazing resource I wish I had access to earlier. If I had the ability to get feedback from others on how it was to live with that person through Chillow before now, I could have avoided so many unhealthy, even disastrous, living situations.”
- Sabrina W.
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CHILLOW TERMS OF SERVICE
Effective: October 15, 2020
Hello and welcome! We are Chillow! Our legal name is Chillow Inc. and we refer to ourselves in these Terms of Service (“Agreement”) as “Chillow”, “we”, “us” or “our”. This Agreement governs your use of the Chillow mobile device application, website, and related services (collectively, the “Services”), including how you can and cannot use our Services.
This is a legally binding contract between you and Chillow, so please be sure to read it carefully.
First, we want to highlight some important things about this Agreement:
A. By accessing the Services you: (i) acknowledge and agree that you have read and understand the terms of this Agreement; (ii) agree to be bound by them, and (iii) represent and warrant that you are age 18 or older and have the authority to accept them. If you don't agree with or can't accept all of the terms of this Agreement, you MAY NOT download, install, use, or participate in the Services.
C. THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND CHILLOW CAN BE RESOLVED (SEE SECTION 19 BELOW). THESE PROVISIONS REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST CHILLOW TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING (our lawyers insisted that we use all caps for that one).
1. The Services
1.1. Services. The Services provide a marketplace platform to enable persons offering a lease or sublease (“Lessors”) for a room (“Room”) in a house or apartment (“Residence”) and potential lessees (“Roommates”) to match up based on Lessor and Roommate location, preferences, amenities, and to facilitate Lease payments through ChillowPay, provide reviews of Lessors and Roommates, and communicate via in-app messaging. You authorize Chillow to match you with potential Lessors and Roommates based on factors such as your location, rental preferences, and platform efficiency. You acknowledge and agree that your decision(s) to enter into any lease or sublease (whether as Lessor or Roommate) for a Room (“Lease”) is made by you in your sole discretion and Chillow is not a party to, and will not have any rights or obligations under, any Lease or other contractual relationship between any Lessor and Roommate.
1.2. License Grant. Subject to the terms of this Agreement, Chillow grants you a limited, personal, non-commercial, non-exclusive, non-sublicensable, revocable, non-transferable license to: (A) access and use the Services; and (B) access and use any content, information and related materials that may be made available through the Services.
2. User Accounts
2.2. You Are Responsible for Your Account. You are entirely responsible for maintaining the confidentiality of your password for your user account. If you fail to maintain accurate, complete, and up-to-date user account information, it may result in your inability to access or use the Services. You also agree to only have one user account and not to share your account, user name or password with anyone. If you suspect any unauthorized use of your user account, you agree to notify Chillow immediately. In addition, you agree that you are entirely liable for all activities conducted through your user account, and are responsible for ensuring that you are aware of, understand, and comply with the terms of this Agreement and all other rules, policies, or notices published by Chillow. We reserve the right to deny access, use and registration privileges to the Services for any user if we believe you have provided inaccurate information.
2.3. Chillow Communications. By entering into this Agreement, you agree to receive communications from us regarding your use of the Services, including via e-mail, text message, and push notifications.
3. User Content
3.1. Overview. The Services allow you to submit, upload, publish or otherwise make available to Chillow and other users various types of data, content or information, which may be in the form of text, audio, or visual content and information (e.g., initiation of support requests, Room postings, and Lessor and Roommate reviews, and messages with other users) (“User Content”). Any User Content that you provide to us will remain your property. But, by providing Chillow with User Content, you grant Chillow a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or in part) in any media and to incorporate the User Content into other works in any format or medium now known or later developed. The foregoing grants shall include the right to (A) exploit any proprietary rights in such User Content, including but not limited to, rights under copyright, trademark or patent laws under any relevant jurisdiction, (B) your name, likeness, and any other information included in your User Content, without any obligation to you. You waive any and all claims that any use by us or our licensees of your User Content violates any of your rights, including moral rights, privacy rights, rights to publicity, proprietary, attribution, or other rights, and rights to any material or ideas contained in your User Content.
3.2. Representations and Warranties. You represent and warrant that: (A) you own or control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Services; (B) the User Content is accurate and not misleading; (C) the User Content and your use of such User Content does not violate any law, rule or regulation; (D) the User Content is not inappropriate, profane, indecent, harmful, threatening, abusive, defamatory, harassing, tortuous, vulgar, obscene, libelous, pornographic, harmful to minors, racially, ethnically or otherwise objectionable or that may be invasive of another's right of privacy or publicity; (E) your User Content does not contain any macro, bot, virus, trojan horse, keystroke logger, worm, time bomb, cancelbot, corrupted data or other file, code or computer programming routing that is intended to or results in damage, detrimentally interferes with the Services; and (F) User Content you supply does not violate this Agreement and will not violate any rights of any third party or cause injury to any person or entity. You agree to pay for all royalties, fees, and any other monies owed to any person by reason of any User Content posted by you.
3.3. Monitoring. You understand and agree that you are solely responsible for the User Content that you send, post, store or upload on or through the Services. Chillow does not pre-screen User Content and you agree that we do not have any obligation to delete, screen or edit any of the User Content posted, stored or uploaded. That said, Chillow reserves the right to delete, screen or edit any User Content posted, stored or uploaded at any time and for any reason without notice. Without limiting the foregoing, Chillow may remove any User Content that in the sole judgment of Chillow violates the terms of this Agreement.
4. Payment and Pricing
4.1. Payment. Chillow uses third party payment providers to (A) collect and authenticate Services fees (e.g., listing fees, ChillowPay fees, and marketing fees) (“Service Charges”) that you review and agree to through the Services; and (B) facilitate monthly Lease payments by Roommates to Lessors through ChillowPay. You acknowledge and agree that you are interacting with our third-party partners (and not Chillow) in connection with any Service Charges and/or receipt of Lease payments. Please read the terms and conditions and privacy policies of applicable third-party payment providers to understand their terms and conditions. You agree that you will provide accurate and complete payment information to our third-party providers. You are responsible for ensuring that you have authorization to use any chosen payment method. You also agree to pay all fees and applicable taxes incurred under the user account registered to you. You agree to promptly notify Chillow of any changes to your billing information or payment method. If your payment method cannot be processed at any time, Chillow may immediately terminate your user account and this Agreement.
4.2. Third-Party Services. Chillow may make available certain third-party services to you through the Services (e.g., background checks) provided to you directly by the applicable third-party service provider. Your purchase of such third-party services are exclusively through the applicable third-party service provider and subject to the terms and conditions of such third-party service provider. Chillow will not have any responsibility or liability in connection with such third-party services.
4.3. Charges. All amounts paid by you through the Services are final and non-refundable, unless otherwise determined by Chillow. Chillow may adjust any or all of the Service Charges and third-party service provider fees at any time for any reason.
4.4. Taxes. You are solely responsible for determining your obligations to report, collect, remit, or include in any Lease payments any applicable taxes, indirect sales taxes, occupancy taxes, or income taxes arising out of your use of the Services in connection with any Room and/or Lease. If Chillow becomes required to pay any taxes on your behalf by a governmental authority, you agree that you will immediately reimburse us the full amount of such payments, including any penalty and/or interest assessed by the governmental authority.
5. Advertising; Linked Services
We may advertise, promote, and market the Services (including specific Rooms, Lessors, and movers) and other related Chillow and third-party content, information or services to you through the Services and other websites, mobile applications, emails, and in online and offline advertisements. All third-party information, content, and services available through hyperlinks or otherwise via Services (“Linked Services”) are not under our control and we are not responsible for the contents of the Linked Services, including, without limitation, links contained on Linked Services, or any changes or updates to Linked Services. The Services provide links only as a convenience, and the inclusion of any links to a Linked Service is not an endorsement by us of any company offering products or services on the Linked Services. Chillow will not be responsible or liable to you in any way in connection with the Linked Services or any activities or transactions you engage in or enter into through the Linked Services.
6. Leases Are Independent of Chillow
You acknowledge and agree that: (A) the Services only enable Lessors and Roommates to match and subsequently enter into Leases independently of the Services; and (B) Chillow cannot and does not make any representations, promises or guarantees regarding any Room, Residence, the availability Room, any Lessor, or any Roommate; (C) Chillow is not responsible for any Room, and does not verify any Room’s or Residence’s compliance with applicable laws, regulations, rules, or codes; (D) Chillow has no responsibility or liability for acts or omissions by any Room, Residence, Lessor or Roommate, or other guests, visitors, or patrons of any Residence, including any acts or omissions resulting in personal injury or property damage to you or any other person; and (E) Chillow is not a real estate broker or insurer.
7. Prohibited Activities
You may use the Services only for lawful purposes and strictly in accordance with the terms of this Agreement. You agree not to:
• Use the Services in any way that violates any applicable federal, state, local or international law or regulation.
• Stalk, threaten, or otherwise harass any person.
• 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.
• Use the Services for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• Solicit passwords or personal identifying information for commercial or unlawful purposes from other users.
• Place advertisements of any products or services in the Services;
• Use the Services to send, knowingly receive, upload, download, use or re-use any material that (A) is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (B) promotes sexually explicit or pornographic material, violence, or discrimination based on race, national origin, religion, gender, gender identity, disability, medical condition, marital status, age or sexual orientation; (C) infringes, misappropriates or violates any intellectual property rights or other rights of any other person; (D) promotes any illegal activity, or advocates, promotes or assists any unlawful act; (E) gives the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case; (F) contains false statements or misrepresentations that could damage you, us or a third party; or (G) does not comply with this Agreement.
• Use the Services to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• Impersonate or attempt to impersonate Chillow, a Chillow employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
• Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
• Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services or otherwise collecting information from the Services to be used for any commercial purpose.
• Use any device, software or routine that interferes with the proper working of the Services.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Services.
• Otherwise attempt to interfere with the proper working of the Services or engage in any act or omission, or encourage or assist any third party to engage in any act or omission that violates this Agreement.
8. Intellectual Property Rights
The Services and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Chillow, its licensors or other providers of such material and are protected by United States and international copyright, trademark, service mark, patent, trade secret and other intellectual property or proprietary rights laws. You may not commercially exploit or make the Services available to any third party. 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 Services, except as expressly authorized by this Agreement. No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Chillow and its respective licensors.
The Chillow names and all related names, certification names, logos, product and service names, designs and slogans are trademarks and service marks of Chillow or its affiliates or licensors. You agree that you will not (A) use such marks, or (B) reference in any manner such marks, without the prior written permission of Chillow. All other names, logos, product and service names, designs and slogans on Services are the trademarks of their respective owners.
10. Usage Data
12. Administrative, Physical and Technical Safeguards
13. Third Party Materials
14. Updates and Changes
14.1. To the Services. Our Services will evolve and Chillow may update, patch, revise, change, suspend or restrict your access to the Services, including components thereof, for any reason and may push mandatory, automatic, or background patching or updates or require you to download and install updates to any software required to support the Services at any time without notice or liability to you. You understand and agree that your use of the Services does not confer on you any interest, monetary or otherwise, in any aspect or feature of the Services. We do not have any maintenance or support obligations with respect to the Services. You agree that updates may change the requirements necessary to use the Services and agree that in such an event you are responsible for any necessary actions, including but not limited to software or hardware, to access and use the Services. You understand and agree that Chillow is not entitled to provide you with any subsequent updates to the Services.
14.2. To this Agreement. Chillow may (and likely will) update, amend, alter, or modify the terms of this Agreement in the future. You agree that Chillow may make changes to the terms of this Agreement at any time and for any reason at its sole discretion. If we make material changes to this Agreement, we will notify you and give you an opportunity to review the new Agreement that will supersede and replace the terms of this Agreement. If any future changes to the terms of this Agreement are unacceptable to you or cause you to no longer be in compliance with the terms of this Agreement, you must terminate your user account. If you continue to use the Services after notice of changes to this Agreement, your use will mean that you accept any and all of Chillow’s changes. If at any time you do not agree to all or any portion of the terms of this Agreement, then you must immediately stop using the Services.
15. Information Posted to the Services
ANY RELIANCE YOU PLACE ON ANY INFORMATION, CONTENT, DATA, OR USER CONTENT AVAILABLE VIA THE SERVICES IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH INFORMATION, CONTENT, DATA AND USER CONTENT BY YOU OR ANY OTHER VISITOR TO THE SERVICES, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. ALL STATEMENTS, COMMENTS AND/OR OPINIONS EXPRESSED THROUGH THE SERVICES, OTHER THAN THE CONTENT PROVIDED BY CHILLOW, ARE SOLELY THE OPINIONS AND THE RESPONSIBILITY OF THE PERSON OR ENTITY PROVIDING THOSE STATEMENTS, COMMENTS AND OPINIONS. THESE STATEMENTS, COMMENTS AND/OR OPINIONS DO NOT NECESSARILY REFLECT THE OPINION OF CHILLOW. WE ARE NOT RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY STATEMENTS, COMMENTS AND/OR OPINIONS PROVIDED BY OTHER USERS OR ANY THIRD PARTIES.
16. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CHILLOW DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, CHILLOW MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. CHILLOW CANNOT AND DOES NOT GUARANTEE THE QUALITY, SUITABILITY, OR SAFETY OF ROOMS, RESIDENCES, LESSORS, ROOMMATES, OR ANY OTHER THIRD PARTY PRODUCT, SERVICE OR INFORMATION PROVIDED THROUGH THE SERVICES. YOU AGREE THAT YOU BEAR THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY LEASE, SERVICE OR INFORMATION IN CONNECTION THEREWITH.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17. Limitation of Liability
CHILLOW SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, HOWEVER ARISING (INCLUDING NEGLIGENCE), EVEN IF CHILLOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, CHILLOW’S TOTAL AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO CHILLOW IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO ANY CLAIM(S).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to indemnify and hold Chillow and its affiliates and their respective officers, directors, employees, agents, vendors, suppliers and licensors harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (A) your use of the Services or services or goods obtained through your use of the Services; (B) your breach or violation of any of this Agreement; (C) our use of your User Content; or (D) your violation of the rights of any third party.
19. Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
By agreeing to this Agreement, you understand and agree that you are required to resolve any claim against Chillow on an individual basis in arbitration, subject to the terms of this Section 19 (“Arbitration Agreement”). This means that this Arbitration Agreement will preclude you from bringing any class, collective, or representative action against Chillow. It also precludes you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Chillow by a third party.
19.1. Initial Dispute Resolution. Most disputes can be resolved without resort to litigation. You can reach Chillow's support team at firstname.lastname@example.org. Except for intellectual property and small claims court claims, you and Chillow agree to use our respective best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Chillow support team, and good faith negotiations shall be a condition to either you or Chillow initiating a lawsuit or arbitration.
19.2. Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated, the parties agree that any dispute, claim or controversy arising out of or relating to (A) this Agreement or the existence, breach, termination, enforcement, interpretation or validity thereof, or (B) your access to or use of the Services at any time, whether before or after the date you agreed to this Agreement, will be settled by binding arbitration between you and Chillow, and not in a court of law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the terms of this Agreement are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Notwithstanding any choice of law or other provision in this Agreement, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Oregon.
19.3. Rules and Location. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Idaho and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules. Unless you and Chillow agree otherwise, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Chillow submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
19.4. Decision and Fees. The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. You will be responsible for payment any AAA filing, administrative and arbitrator fees solely as set forth in the AAA Rules.
19.5. Class Action Waiver. The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND CHILLOW AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this Section is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
19.6. Exceptions. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
19.7. Opt-Out. You have the right to opt out and not be bound by this Arbitration Agreement by sending (from the email address associated with you user account) written notice of your decision to opt out to email@example.com with the subject line, “ARBITRATION AGREEMENT OPT-OUT.” The notice must be sent within thirty (30) days of you and Chillow entering into this Agreement; otherwise, you will be bound to arbitrate disputes in accordance with the terms of this Arbitration Agreement. If you opt out of this Arbitration Agreement, Chillow also will not be bound by it.
19.8. Changes. Chillow will provide thirty (30) days' notice of any changes affecting the substance of this Arbitration Agreement by posting on the Chillow Terms of Service website, sending you a message, or otherwise notifying you when you are logged into your user account. Any such substantive changes will become effective thirty (30) days after they are posted on Chillow Terms of Service website, sent to you or your receipt of notice of such changes. Any other changes to this Arbitration Agreement will apply prospectively only to claims arising after such thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes” is not enforceable or valid, then this subsection shall be severed from this Arbitration Agreement.
20.1. By You. You may terminate this Agreement at any time by deleting your user account.
20.2. By Chillow. Without limiting our rights to terminate this Agreement as set forth elsewhere, we may, at any time and at our sole discretion, suspend, terminate, deactivate, and delete your account, or suspend, terminate, or discontinue your access to or any part of the Services with or without notice to you for any reason or for no reason at all, including without limitation if: (A) you breach any provision of this Agreement; (B) you infringe any third-party intellectual-property rights; (C) we are unable to verify or authenticate any information you provide to us; (D) your use of the Services is inappropriate; (E) we stop offering the or Services in your region; (F) it would be in the best interest of Chillow, a third party, or our community.
20.3. Effect of Termination. Upon termination of your user account or discontinuation of any part of the Services, all rights granted to you under this Agreement will immediately terminate with no further obligations or liability to you. You will no longer have access to the Services (or any part thereof), including any of the associated data or content. You acknowledge and agree that will not be entitled to any refunds and we will have no liability to you. We also have the right to terminate or suspend any other user accounts you may have created with Chillow, as well as your access to any other Chillow products or services without any refunds or liability to you. Sections 1.3, 2.2, 2.3, 3 through 11, 13, 15 through 19, 20.3, 21 and 22, together with any licenses granted by you to Chillow hereunder, will survive termination of this Agreement for any reason.
21. Digital Millennium Copyright Act
21.1. DMCA. Chillow respects the intellectual property rights of others and expects that its users will do so as well. Chillow also respects the rights of its users in using the Service to use third party materials fairly and to assess claims made against them. If you believe that your copyright or trademark is being infringed by any user of the Services, or if you are a user who has had a claim filed against you, then please read below to determine how to contact us.
21.2. Takedown Requests. If you believe that a user of the Services is using your copyrighted work in a way that constitutes copyright infringement, then you may send a written notice that complies with the Digital Millennium Copyright Act (the “DMCA”). The DMCA requires that you provide all of the following information:
A. A description of the copyrighted work that you believe has been infringed. Identify what copyrighted work you own that has been infringed. It is helpful if you can provide a link to where your work may be seen, or attach an image.
B. A description of what the allegedly infringing work is. Describe what you believe is infringing.
C. A description of the location where the allegedly infringing work is located on Chillow’s service. You must provide a URL for the location of each work you allege to infringe your rights.
D. An address and telephone number where you can be contacted, including an email address if possible. Let us know where you can be reached both physically and electronically.
E. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
F. A statement, made under penalty of perjury, that the above information in the notice is accurate and that the signatory is the copyright owner or is authorized to act on behalf of the copyright owner. You must provide each of these statements.
G. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright. Sign your claim either physically or electronically.
You may submit this information to:
3527 Federal Way Suite 103 #117
Boise ID 83705
21.3. What we do with Copyright Takedown Requests. A person at our Designated Agent’s office reviews each takedown request. If all of the required elements are provided and appear to state a claim, then the allegedly infringing material will be removed. If action is taken, the Designated Agent will forward the claim to the user along with notice of what action was taken. We delete material that is taken down. If we receive a notice that is missing information or does not state a claim, then we will return the claim to the person who sent it. Insufficient claims may be resubmitted.
If you receive a copyright infringement notice, please take the time to read it and investigate the claim that is being made. To file a counter notice you need to determine essentially that the claim was a mistake. Note that explanations such as “I didn’t know the material was infringing,” “I received the content from my vendor,” “I found the photos online,” and “Other websites are also doing this” do not indicate that the claim was a mistake or excuse an infringement. A mistake could be that you have a license, that your use is “fair” or that the claimant does not own the copyright. Copyright law is complicated. Please take time to educate yourself as to what is permissible and what is not permissible. We recommend that you talk to your own attorney; our Designated Agent cannot give you legal advice.
Note that under the DMCA, Chillow can do little about a copyright claim unless it receives a complete counter notice.
To make a counter notice, you must provide all of the following information:
A. A description of the material that was removed or to which access was disabled. Describe what was taken down as a result of the claim.
B. A description of the location where the allegedly infringing work was located on Chillow’s service before it was removed or access was disabled. Include the URL of each page that had content removed.
C. The alleged infringer’s name, address and telephone number. Provide your name, address and telephone number.
D. A statement, under penalty of perjury, that the alleged infringer has a good faith belief that the material was removed or that access was denied as a result of a mistake or misidentification.
E. A statement that the alleged infringer consents to the jurisdiction of the federal court with jurisdiction over the address provided by the alleged infringer, or if the alleged infringer is outside of the United States, then that the alleged infringer consents to jurisdiction in Boise, Idaho, and will accept service of process from the party who is alleging the infringement. You must provide each of these statements.
F. A physical or electronic signature of the alleged infringer. Sign your claim either physically or electronically.
You may submit a counter notice to:
3527 Federal Way Suite 103 #117
Boise ID 83705
21.4. What we do with Counter Notices. A person at our Designated Agent’s office reviews each counter notice. If all of the required information is provided, then the counter notice is forwarded to the party who made the claim along with a notice that the material will be replaced after 10 business days unless the claimant files a court action to restrain the user from engaging in the infringing activity and sends our Designated Agent notice of that court action. If our Designated Agent does not receive notice of a court action after 10 business days, then the user will be contacted and can repost the material that was previously taken down.
22. General Terms
You represent and warrant that you are not (A) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (B) listed on any U.S. Government list of prohibited or restricted parties. You may not assign this Agreement, or any of your rights or obligations hereunder, without Chillow’s prior written approval. Chillow may assign this Agreement without your consent for any reason. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you and Chillow as a result of this Agreement or use of the Services. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Chillow's failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Chillow in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of this Agreement.
This Agreement is an agreement solely between you and Chillow, Inc. If you have any questions about this Agreement, please contact us at firstname.lastname@example.org.
Last Updated: October 15, 2020
1. Information We Collect
We collect several types of information you access and use the Services:
• When you create an account through the Services, you provide us with personal information like your name, email address and mobile telephone number.
• If you log into the Services through a third-party service, both we and that third-party may receive some information about you and your use of the Services. For example, if you choose to log into the Services with your Facebook account, we may receive information from Facebook, such as your name, e-mail address, public profile information, and information about your contacts.
• When you use the Services, we collect information, content, photos and videos you upload to the Services. We collect other information you may post on our sites and apps. We may also collect information you might post on third party sites.
• When you use the Services, we may collect location data. You can choose whether or not to enable the location tracking feature through the settings on your device or when prompted by the Chillow mobile app. We may also infer your general location information, for example by using your internet protocol (IP) address.
• When you use the Services, we automatically receive some technical information about the hardware and software that is being used.
o Cookies — We and our vendors may use various technologies to collect information, including but not limited to cookies, pixels, scripts, and device identifiers. Cookies are small text files that are sent by your computer when you access our Services through a browser. We and vendors may use session cookies (which expire when you close your browser), persistent cookies (which expire when you choose to clear them from your browser), pixels, scripts, and other identifiers to collect information from your browser or device that helps us do things such as understand how you use our Services, personalize your experience, and understand your usage of the Services. By using your browser and device settings, you may be able to block cookies or adjust settings for notifications when a cookie is set.
o Log Information — When you use the Services, our servers will record information about your usage of the Services and information that is sent by your browser or device. Log information can include things like the IP address of your device, information about the browser, operating system and/or app you are using, unique device identifiers, pages that you navigate to and links that you click, searches that you run on the Services, and other ways you interact with the Services. If you are logged into the Services, this information may be stored with your account information.
2. How We Use Your Information
We may use the information we collect to:
• Provide and manage our Services, communicate with you about our Services, and fulfill any contractual obligations we otherwise have with you.
• Support your use of our Services and to ensure the quality and security of our Services.
• Allow you and other users to communicate using the Services.
• Assist you in finding potential rooms for rent and potential roommates in your chosen geographic area.
• Charge you for the purchase and costs through one or more payment processing partners.
• Manage your account and verify your identity.
• Offer you customized content.
• Understand how users interact with the Services.
3. What We Share
We may share your personal information in the following circumstances:
• With our service providers (such as third-party distributors and resellers, vendors, suppliers, and other service providers), who may use the information to process payments, develop and improve our Services, contact you in connection with the performance, operation, and support of our Services, performing analytics, marketing or consulting services, respond to your requests or as otherwise appropriate in connection with a legitimate business need.
• We also share information under the following principles:
o With your consent or at your direction — We will share your information when we have your consent to do so or it is done at your direction.
o For external processing or service provision — We sometimes share information with third parties to process information on our behalf or to otherwise provide certain services (such as payment services, advertising services, or information to better tailor our Services to you).
o For legal purposes — We may share your information when we believe that the disclosure is reasonably necessary to (a) comply with applicable laws, regulations, legal process, or requests from law enforcement or regulatory authorities, (b) prevent, detect, or otherwise handle fraud, security, or technical issues, and (c) protect the safety, rights, or property of any person, the public, or Chillow.
o On a non-personal or aggregate basis — We may share information that has been anonymized with others for their own uses, in accordance with applicable laws and regulations.
o For business purposes — We may share your information in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company. We may also share your information between and among Chillow, and its current and future parents, affiliates, subsidiaries, and other companies under common control and ownership.
4. Do-Not-Track Disclosure
Some web browsers have “do-not-track” features that tell websites that you do not want to have your online activities tracked. Our website does not currently recognize or respond to automated browser signals, which may include “do-not-track” instructions.
We employ administrative, physical, and technical measures designed to safeguard and protect information under our control from unauthorized access, use, and disclosure.
6. Use by Children
We do not knowingly process personal information for which we determine the purposes and means of processing about individuals under the age of 18 without advance parental consent. If you are the parent or guardian of a child under 18 years of age and believe that your child has directly disclosed information to us, then please contact us so that we may delete the child’s information.
7. For Residents of California
If you are a California resident, California law requires certain businesses to respond to requests from California residents regarding disclosure of personal information to third parties for their marketing purposes. In the alternative, such businesses may adopt a policy of not disclosing personal information to third parties for marketing purposes if a California resident has opted-out of such information-sharing. We do not share your personal information with third parties without your consent. If you wish to opt-out of our sharing your personal information for marketing purposes after you have consented, please contact us at the email address specified at the bottom of this policy.
8. International Data Transfers
If you are located or reside outside the United States, please note that we and our servers are located in the United States. Any information that you provide to us may be transferred to and processed in the United States or other countries around the world where our vendors and suppliers are located. This transfer may include recipients of information located in countries where there may be a lower level of legal protection for your personal information than in your country. By using the website, you consent to your information being collected, processed, used, and transferred as disclosed herein.
9. Changes to this Policy
This policy may change from time to time and any revised version will be posted on our website. If we make changes, we will notify you by revising the date at the top of this policy and, if we make any material changes, we will use commercially reasonable efforts provide you with additional notice (such as a notice in our user interface or sending you a notification by email).
10. How to Contact Us