Terms & Conditions
Welcome athletes! Thank you for visiting Room2Race. We’re glad you’re here.
R2R IS INTENDED AND DESIGNED FOR USERS 18 YEARS OF AGE AND OLDER, AND ACCESS OR USE BY ANYONE YOUNGER IS NOT AUTHORIZED.
YOU UNDERSTAND AND AGREE THAT R2R IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS R2R A REAL ESTATE BROKER, AGENT OR INSURER. R2R HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. R2R CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS. R2R IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE GUEST’S OWN RISK.
If you do not accept and agree to all provisions of the TOU, now or in the future, you may reject the TOU by immediately terminating all access and use of R2R, in which case any continuing access or use of R2R is unauthorized.
You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on R2R.
The TOU grant you a limited, revocable, nonexclusive license to access R2R and use R2R, in whole or in part, including but not limited to R2R intellectual property therein, solely in compliance with the TOU.
"Room2Race" is a pending trademark of R2R and protected by United States and international laws. The TOU do not authorize you to use the "Room2Race" trademark or any similar or related marks for any use pertaining to classified advertising, Internet advertising, social networks, online forums, online communication services or any similar or related use, or any other use that is likely to cause confusion on the part of, to cause mistake by or to deceive the public as to any affiliation, connection, association, origin, sponsorship, approval or endorsement by or with R2R.
R2R has the right, but not the obligation, to regulate content (including postings, text, code, images, video, binary files, ads, accounts, account information, flags, emails, messages and any other user communications ("content")) posted to, stored on or transmitted via R2R by any user other third party; to regulate conduct (including any authorized or unauthorized access to or use of R2R) by any user or third party; and to enforce the TOU, for any reason and in any manner or by any means that R2R, in its sole discretion, deems necessary or appropriate. R2R may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. R2R action or inaction to regulate content or conduct or to enforce against any potential violation of the TOU by any user (or any other third party) does not waive R2R's right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential TOU violation.
You also understand and agree that any action or inaction by R2R or any of its directors, officers, stockholders, employees, consultants, agents or representatives (collectively, "R2R Representatives") to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential TOU violation is undertaken voluntarily and in good faith, and you expressly agree that neither R2R nor any R2R Representative shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of the TOU.
Although R2R Representatives may moderate content, conduct and TOU compliance on R2R at R2R's discretion, R2R Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of R2R will "take care" of any alleged problem or complaint, or that they or anyone else on behalf of R2R will otherwise stop, cure or prevent any problem, content, conduct or purported TOU violation from occurring or recurring.
R2R also has the right in its sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of R2R at any time without notice. R2R and R2R Representatives shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.
3. CONTENT AND CONDUCT
R2R does not control, is not responsible for and makes no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.
You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account.
Content prohibited from R2R includes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, hateful or pornographic content); (4) content that discloses another's personal, confidential or proprietary information; (5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via R2R); (6) malicious content (including, without limitation, malware or spyware); (7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to R2R would violate these TOU or R2R's other legal rights; and (8) content that offers, promotes, advertises or provides links to unsolicited products or services.
You automatically grant and assign to R2R, and you represent and warrant that you have the right to grant and assign to R2R, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post. You also expressly grant and assign to R2R all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).
You agree to indemnify and hold R2R and R2R Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted); (c) your use of or reliance on any user content; and (d) your violation of the TOU. This indemnification obligation includes payment of any attorneys' fees and costs incurred by R2R or R2R Representatives.
R2R does not control, is not responsible for and makes no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct.
You are also responsible for your own conduct and activities on, through or related to R2R, and, if you create an account on R2R, you are responsible for all conduct or activities on, through or by use of your account.
You agree to indemnify and hold R2R and R2R Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your own conduct or activities on, through or related to R2R or R2R, and related to or arising out of any conduct or activities on, through or by use of your R2R account, if any. This indemnification obligation includes payment of any attorneys' fees and costs incurred by R2R or R2R Representatives.
4. POSTING AND ACCOUNTS
This section 4 applies to all uses and users of R2R, unless R2R has specifically authorized an exception to a particular term for a particular user in a written agreement. R2R has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 4.
A user may post the same or substantially similar content no more than once every 10-day period.
Where a R2R category provides specific subcategories for posts by particular types of users (e.g., "by-host" versus "by-guest"), a user may post content only in the single user sub-category most accurate for that user.
NO USER ACTING AS A BROKER, AGENT OR DEALER MAY POST IN ANY CATEGORY.
Users may not circumvent any technological measure implemented by R2R to restrict the manner in which content may be posted on R2R or to regulate the manner in which content may be transmitted to other users. This prohibition includes without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent R2R accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images, inserting random text or content "spinning."
It is expressly prohibited for any third party to post content to R2R on behalf of another. Users must post content only on their own behalf, and may not permit, enable, induce or encourage any third party to post content for them.
It is expressly prohibited to post content to R2R using any automated means. Users must post all content personally and manually through all steps of the posting process. It is also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) shall be responsible and liable to R2R for each instance of access to R2R (by any user or other third party) using that automated means.
Affiliate marketing is expressly prohibited on R2R. Users may not post content or communicate with any R2R user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance.
A user may maintain and use no more than one account to post content. A user specifically may not create or use additional accounts for the purpose of circumventing technological restrictions (security measures) in the posting process or otherwise for posting content in violation of the TOU.
A user may create an account only on his/her own behalf. A user must not permit, enable, induce or encourage others to create accounts for him/her. The creation of accounts for others is expressly prohibited.
A user must only use his/her own account, and may not use any account of another.
The purchase and sale of accounts is expressly prohibited.
A user must create his/her account personally and manually and may not create accounts or by any automated means.
5. UNAUTHORIZED ACCESS AND ACTIVITIES
This section 5 applies to all uses and users of R2R, unless R2R has specifically authorized an exception to a particular term for a particular user in a written agreement. R2R has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 5.
To maintain the integrity and functionality of R2R for its users, access to R2R and/or activities related to R2R that are harmful to, inconsistent with or disruptive of R2R and/or its users' beneficial use and enjoyment of R2R are expressly unauthorized and prohibited. For example, without limitation:
The collection of R2R users' personal information (including but not limited to email addresses, IP addresses and telephone numbers) is not allowed for any purpose.
Any copying, aggregation, display, distribution, performance or derivative use of R2R or any content posted on R2R whether done directly or through intermediaries is prohibited. As a limited exception, general purpose Internet search engines and noncommercial public archives will be entitled to access R2R without individual written agreements executed with R2R that specifically authorize an exception to this prohibition if, in all cases and individual instances: (a) they provide a direct hyperlink to the relevant R2R website, service, forum or content; (b) they access R2R from a stable IP address using an easily identifiable agent; and (c) they comply with R2R's TOS; provided however, that R2R may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this provision to access R2R without their own written agreement executed with R2R), at any time and in its sole discretion, upon written notice.
Any access to or use of R2R to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with R2R (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.
If you access R2R or copy, display, distribute, perform or create derivative works from R2R webpages or other R2R intellectual property in violation of the TOU or for purposes inconsistent with the TOU, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on R2R or any provision of the TOU that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of R2R webpages on your computer or computer server constitute "copies" under the Copyright Act, 17 U.S.C. § 101. For purposes of this paragraph, you further agree that CAPTCHAs and telephone verification are "technological measures" that effectively control access to copyright-protected components and rights of R2R pursuant to 17 U.S.C. § 1201.
Any effort to decompile, disassemble or reverse engineer all or any part of R2R in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.
Any activities (including but not limited to posting voluminous content) that are inconsistent with use of R2R in compliance with the TOU or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of R2R in any manner are expressly prohibited.
6. USER COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES AND RELATIONS
R2R and R2R Representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization ("your interactions with others"). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others.
You agree to indemnify and hold R2R and R2R Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your interactions with others. This indemnification obligation includes payment of any attorneys' fees and costs incurred by R2R or R2R Representatives.
R2R may charge a fee to post content or for other features, products, services or licenses. You are responsible to R2R for any fees applicable to content that you post or other features, products, services or licenses you purchase or that are purchased through your account. You authorize R2R, or its designated payment processor, to charge your specified credit card, debit card or other payment method for such fees.
Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.
Except as required by law, all fees are nonrefundable, including, without limitation, in situations where paid posts are removed by R2R or by community flagging. Payments and purchases may not be canceled by the user, except as required by law. However, R2R reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.
YOUR ACCESS TO, USE OF AND RELIANCE ON R2R AND CONTENT ACCESSED THROUGH R2R IS ENTIRELY AT YOUR OWN RISK. R2R (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, R2R ALSO DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO: (a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF R2R AND CONTENT ACCESSED THROUGH R2R; (b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF R2R OR CONTENT ACCESSED THROUGH R2R; (c) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF R2R OR CONTENT ACCESSED THROUGH R2R (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON R2R OR IN CONTENT).
THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.
9. LIMITATIONS OF LIABILITY
R2R AND THE R2R REPRESENTATIVES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON R2R OR CONTENT ACCESSED THROUGH R2R BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO R2R OR CONTENT ACCESSED THROUGH R2R, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF R2R OR ANY R2R REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF R2R OR CONTENT ACCESSED THROUGH R2R; ANY INABILITY TO ACCESS OR USE R2R OR CONTENT ACCESSED THROUGH R2R; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF R2R OR CONTENT ACCESSED THROUGH R2R.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF R2R OR CONTENT ACCESSED THROUGH R2R (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON R2R AND LINKS IN CONTENT ACCESSED THROUGH R2R).
You hereby release R2R and each of the R2R Representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, arising out of or in any way related to R2R or content accessed through R2R, or any interactions with others arising out of or related to R2R or content accessed through R2R, and you expressly waive the provisions of any laws in any jurisdiction which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
10. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify an R2R agent for notice of claims of copyright or other intellectual property infringement in writing at:
Subject: Notice of Claims Dept.
Please provide the following Notice:
Identify the copyrighted work or other intellectual property that you claim has been infringed with enough detail so that we may locate it;
A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
Your address, telephone number, and email address;
Your physical or electronic signature.
R2R will remove the infringing content, subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
11. INJUNCTIVE RELIEF
You acknowledge and agree that any violation or breach of the TOU may cause R2R immediate and irreparable harm and damages; consequently, notwithstanding any other provision of the TOU or other applicable legal requirements, R2R has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of the TOU. In addition to any and all other remedies available to R2R in law or in equity, R2R may seek specific performance of any term in the TOU, including but not limited to by preliminary or permanent injunction.
In addition to any injunctive relief, you agree to pay to R2R the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of the TOU for which you bear responsibility.
These TOU constitute the entire agreement between you and R2R and supersede any prior written or oral agreement. Other than the R2R Representatives (who are expressly included as named third-party beneficiaries of the TOU), there are no third-party beneficiaries to the TOU.
Any and all claims, causes of action or disputes between you and R2R arising out of or related to the TOU or content accessed through R2R shall be governed by the laws of the State of New Jersey without regard to conflict or choice of law principles. You and R2R agree that any such claims, causes of action or disputes shall be brought exclusively in courts located within the state of New Jersey, and you and R2R agree to submit to the personal and exclusive jurisdiction of such courts. You further agree that, regardless of any statute or law to the contrary, you must file any such claim or cause of action within one year after such claim or cause of action arose or be forever barred. If any provision of the TOU is found by a court of competent jurisdiction to be unenforceable, all other provisions of the TOU shall remain in full force and effect.
We at R2R strive to provide our users with the highest standard of professional services, in furtherance of the spirit, drive, and health of each triathlete and the triathlete community at large. Accordingly, we welcome any opportunity to improve our Services, and therefore would appreciate any feedback you might have concerning our Services. You may provide us with such feedback by emailing our user support team at: info@Room2Race.com, using the subject line "User Feedback."