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Terms & Conditions
Welcome
Welcome to the RoomSurge website and any current or future iterations of the same (including, but not limited to, associated mobile application(s)) is owned and operated by Code Red Logistics LLC d/b/a RoomSurge (“RoomSurge,” “we” or “us”). Our RoomSurge website (www.roomsurge.com), together with the content, software, services, and functionality offered on or through the website and mobile application, are collectively referred to as the “RoomSurge Property” in these Terms of Use. These Terms of Use apply to “you” (the individual accessing the Room Surge website, and where accessed and/or used by you in your role as an employee or agent of a RoomSurge Customer or Lodging Provider (both defined herein), you represent and warrant you have authority to bind the Customer or Lodging provider on whose behalf you are acting to these Terms of Use.
The RoomSurge Property permits RoomSurge to serve those in our current and prospective customers (individually a “Customer” and collectively “Customers”) in in quickly identifying temporary lodging facilities. A typical Customer is a power company (or other public utility) that has an urgent need to find housing for its crews to respond to a natural (or other disaster) that causes damage to the power grid.
We do this by leveraging an innovative process for gathering current room availability and rates from lodging providers across the country (individually a “Lodging Provider,” and collectively “Lodging Providers”) and sharing it with Customers in a quick, efficient, and comprehensive manner that benefits both our Customers and the Lodging Providers. We make the RoomSurge Property available to you subject to your agreement to these Terms of Use. These Terms of Use (including all documents, policies, conditions and notices) referenced in these Terms of Use) are collectively referred to as the “Agreement.” In this Agreement, the words “include” and “including” will not be construed as terms of limitation.
The Agreement is a legally binding contract between you and RoomSurge. By accessing the RoomSurge Property in any way, including, without limitation, browsing the RoomSurge Property, using any information contained on or in the RoomSurge Property, creating a User Account (defined below), and/or submitting information to RoomSurge, you agree to and are bound by this Agreement, including, but not limited to, conducting transactions electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Minnesota law. This applies to you whether you are employee, agent or representative of a RoomSurge Customer or of a Lodging Provider.
Our collection and use of personal information in connection with your access to and use of the RoomSurge Property, whether or not you are a registered user, is described in our Privacy Policy.
1. UPDATES TO THE AGREEMENT
From time to time, RoomSurge may update the Agreement. If we materially update any portion of the Agreement, we will notify you by posting a revised Agreement through a notice on our website (and/or other access point, including but not limited to any related mobile application) before the date the update becomes effective. We will also post the updated Agreement in its original location marked with the new date. Changes will not be retroactive. If you object to any changes, you should not access or use the RoomSurge Property. Your continued access or use of the RoomSurge Property after we publish our changes to the Agreement means that you are consenting to the updated terms.
By accessing or linking to the RoomSurge Property, you assume the risk that the information on the RoomSurge Property may be incomplete, inaccurate, or out of date, or may not meet your needs and requirements. RoomSurge may add, change, discontinue, remove or suspend any of the information, features and other content included in the RoomSurge Property at any time, without notice and without liability. We work hard with the Lodging Partners who contribute to our database to keep contact information current, but people do move, and information can become out of date. Due to the open nature of the RoomSurge Property, and the potential for errors in the storage and transmission of digital information, RoomSurge does not warrant the accuracy of information contained on or obtained from the RoomSurge Property.
2. ROOMSURGE PROPERTY
A. Your Right to Use RoomSurge Property
RoomSurge grants you a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, fully revocable license to access and make use of the RoomSurge Property solely for legitimate business purposes, and as permitted by the features and functionalities of the RoomSurge Property, subject to this Agreement. Any access or attempt to access other areas of RoomSurge Property or any RoomSurge systems or other information contained on RoomSurge Property or RoomSurge systems for any other purposes is strictly prohibited.
You will not (i) remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the RoomSurge Property, or on any materials printed or copied from the RoomSurge Property; or (ii) dilute, tarnish or otherwise harm our brand in any way, including through unauthorized use of RoomSurge Property, registering and/or using RoomSurge 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 RoomSurge domains, trademarks, taglines, promotional campaigns or RoomSurge Content.
B. Eligibility
You may use the RoomSurge Property only if you can form a binding contract with RoomSurge, and only in compliance with this Agreement and all applicable local, state, national laws, rules and regulations. Any use or access to the RoomSurge Property by anyone under eighteen (18) years of age is strictly prohibited and in violation of this Agreement.
C. User Accounts
In order to use certain features on the RoomSurge Property, such as updating information about your lodging property, emergency contact information for key employees and/or agents, viewing your past orders or saved searches, you may need to register and create an account on the RoomSurge Property (your “User Account”).
You should not use another user’s User Account without permission from the owner of that user account. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your `. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your User Account. You must notify RoomSurge immediately of any breach of security or unauthorized use of your User Account. RoomSurge will not be liable for any losses caused by any unauthorized use of your User Account.
By providing RoomSurge your email address you consent to our using the email address to send you service-related notices relating to the RoomSurge Property, including any notices required by law or regarding updates to the Agreement, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the RoomSurge Property and, depending on where you are resident, special offers. If you do not want to receive such email messages, you may opt out or change your preferences by Contact Information Preferences link
D. Availability of RoomSurge Property
Due to the nature of the Internet, we cannot guarantee the continuous and uninterrupted availability of any portion of the RoomSurge Property and we are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control. We may temporarily restrict the availability of the RoomSurge Property or certain areas or features thereof with or without notice. From time‑to‑time we may from change, discontinue, enhance and/or modify the RoomSurge Property and introduce new features or functionality. You agree that you do not have any rights in the RoomSurge Property and that RoomSurge will have no liability to you if the RoomSurge Property is discontinued or your ability to access the RoomSurge Property.
E. Hypertext Links
The RoomSurge Property may in the future be linked to other sites that are not maintained by RoomSurge. Should that occur, RoomSurge is not responsible for the availability of content from, or the privacy or other policies, governing those sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by RoomSurge of the linked sites. RoomSurge disclaims any and all liability for links: (i) from another site to the RoomSurge Property, and (ii) to another site from the RoomSurge Property.
3. USE OF AND RESPONSIBILITY FOR CONTENT
A. RoomSurge Content
Content on the RoomSurge Property that is provided by RoomSurge or its participating Lodging Providers in addition to software, it may in the future include graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product, service and program names, slogans, and the compilation of the foregoing ("RoomSurge Content"). The RoomSurge Content is the property of RoomSurge (or its licensors), and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
Except as explicitly provided herein, nothing in the Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license download, screenshot, rent, modify, distribute, copy, reproduce, transmit, display to third parties, publicly perform, publish, adapt, edit or create derivative works from any RoomSurge Content.
B. Third-Party Technology, Websites and Applications
The RoomSurge Property may include third-party technology, services, software, applications, and links to third-party websites (“Technology”). RoomSurge is not responsible for the practices or policies of such third parties, nor the content of any third-party website or application, and does not make any representation regarding third-party product or Technology, or content or accuracy of any material on such websites or applications. If you decide to use any such third-party website or application, you do so at your own risk.
To the extent applicable, your use of such third-party Technology is subject to this Agreement as well as the additional terms and conditions as RoomSurge may provide to you from time to time.
4. ACCEPTABLE USE OF THE ROOMSURGE PROPERTY
Your permission to use the RoomSurge Property is contingent on your compliance with all applicable law, in addition to the following rules:
A. Harm to Others
You will not engage in any activity that, in our sole judgment, restricts or inhibits any other person from using or enjoying any aspect of the RoomSurge Property or exposes or may expose any users or visitors to the RoomSurge Property to any harm or liability of any sort, whether by posting User Content or otherwise, including by (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity, or disguising the origin of any posting that you submit; (ii) engaging in any unlawful, tortious, threatening, defamatory, libelous, obscene, violent, harmful, abusive or disruptive behavior; or (iii) violating, infringing or invading anyone else’s rights, including posting any content that contains personal information about any individual without you first obtaining his/her consent, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential.
If you feel that any user 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 or (ii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to us 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).
B. Unauthorized Use of RoomSurge Content
You will not download, display, or use any RoomSurge Content: (i) for use in any publications, in public performances, or on websites or applications other than the RoomSurge Property; (ii) for any unpermitted commercial purpose; (iii) in connection with products or services that are not those of RoomSurge; or (iv) in any other manner that is likely to cause confusion, that disparages or discredits RoomSurge and/or its licensors, or that dilutes the strength of RoomSurge’s or its licensor's intellectual property, or that otherwise violates, infringes or misappropriates RoomSurge’s or its licensors’ intellectual property rights or proprietary rights or constitutes any other misuse of RoomSurge Content. Use of the RoomSurge Content for any purpose not expressly permitted by the Agreement is strictly prohibited.
If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please go to the Proprietary Rights Complaint process form and follow the instructions.
C. Harm to Our Systems, Property and Security
When using the RoomSurge Property, you represent and warrant that you will take commercially reasonable precautions to insure that you do not: (i) use any electronic communication feature of the RoomSurge Property for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (ii) retrieve, index, scrape, data mine or otherwise gather any RoomSurge Content, RoomSurge Property, or other data, content or materials (including through use of any robot, spider, screen scraping, web harvesting, data extraction, or similar software or technologies), and (iii) you have taken all reasonable steps to ensure that any device you are using to access the Room Surge Content is (a) secure and (b) virus/malware free. In addition, you will comply with RoomSurge’s robots.txt file, if any. You also not; (i) attempt to reproduce or circumvent the navigational structure or presentation of RoomSurge Content or RoomSurge Property; (ii) upload, post, reproduce, or distribute any information, software, content or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (iii) collect or store personal information about other users; (iv) use the RoomSurge Property for any commercial transactions that are unrelated to the purposes for which the RoomSurge Property was provided; (v) upload, post, email, or otherwise transmit any advertising or promotional materials, spam or any other form of solicitation or unauthorized communication, either directly through the RoomSurge Property (including through any present or future interactive features) or to users through communication channels outside of the RoomSurge Property, or otherwise contact another user through the RoomSurge Property or unsolicited outside of the RoomSurge Property for any purpose; and (vii) upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality or operation of the RoomSurge Property, any feature of the RoomSurge Property, or any computer software or hardware or telecommunications equipment.
5. OWNERSHIP
A. Intellectual Property Rights
Subject to the licenses granted in this Agreement, you retain ownership of any copyright and other rights you have in any user content you may upload, except that you irrevocably waive, and cause to be waived, against RoomSurge, our affiliates and other users, any claims and assertions of moral rights or attribution with respect to User Content. As between you and RoomSurge, we (or our licensors) own the RoomSurge Property, and the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with RoomSurge and the RoomSurge Property, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. Except as expressly provided in the Agreement, we do not grant you any express or implied rights in the RoomSurge Property. You understand and agree that you have no ownership rights in the User Account or any other account you may have with RoomSurge, or other access to the RoomSurge Property or features therein.
B. Trademarks
Trademarks, trade names, product names and logos (the “Trademarks”) contained in or used by the RoomSurge Property or third-party Technology are the trademarks or registered trademarks of their respective owners, and the use of such Trademarks shall inure to the benefit of the trademark owner.
C. Feedback
We welcome and encourage Feedback. You may submit Feedback by emailing us at or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you and you shall have no privacy rights in such Feedback. With respect to your Feedback you acknowledge that: (i) RoomSurge receives numerous submissions from many parties and/or may have independently developed and/or considered ideas similar to your Feedback, and that RoomSurge’s review of your Feedback is not an admission of novelty, priority or originality; and (ii) RoomSurge’s use of any ideas similar to your Feedback, whether based on your User Content, provided to RoomSurge by third parties, or independently developed or considered by RoomSurge, shall be without obligation to you. By submitting Feedback to us, you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against us or our users any claims and assertions of any moral rights contained in such Feedback. “Feedback” includes concepts, ideas, feedback, materials, proposals, suggestions and the like relating to RoomSurge, the RoomSurge Property or RoomSurge’s initiatives.
6. TERMINATION
RoomSurge may terminate or suspend your User Account and delete all user content associated with your User Account at any time, and without notice, if RoomSurge deems that you have violated this Agreement, the law, or for any other reason. In such event, you may not register a new User Account or access and use the RoomSurge Property through a User Account of another user. RoomSurge assumes no liability for any information removed from the RoomSurge Property and reserves the right to permanently restrict access to the RoomSurge Property. The sections of this Agreement entitled “Indemnification,” “Representations and Limitations of Liability,” “Privacy and Security,” “Mobile Applications from Apple App Store,” “Mobile Applications from Google Play Store,” “Miscellaneous,” and any other terms which by their nature survive termination (e.g., “Trademarks”) shall survive the termination of this Agreement.
7. INDEMNIFICATION
You agree to indemnify, defend and hold RoomSurge, its parents, affiliates, subsidiaries, officers, employees, and subcontractors, and each of their officers, employees and agents, harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of the Terms or which arises from the use of user content you submitted, posted, or otherwise provided to RoomSurge or the RoomSurge Property. You furthermore agree to fully cooperate at your own expense with RoomSurge in the defense of any such claim hereunder.
8. REPRESENTATIONS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY, AS THIS SECTION LIMITS ROOMSURGE’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE ROOMSURGE PROPERTY, THE ROOMSURGE CONTENT, USER CONTENT, OR ANY OTHER ROOMSURGE PROPERTY FEATURE OR FUNCTION. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THIS AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THE ROOMSURGE PROPERTY. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
ROOMSURGE MAKES NO REPRESENTATIONS ABOUT THE RELIABILITY OF THE FEATURES OR FUNCTIONS OF THE ROOMSURGE PROPERTY, THE ROOMSURGE CONTENT, USER CONTENT, OR ANY OTHER ROOMSURGE PROPERTY FEATURE OR FUNCTION AND DISCLAIMS ALL LIABILITY IN THE EVENT OF ANY SERVICE FAILURE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON SUCH MATERIAL OR SYSTEMS WILL BE AT YOUR OWN RISK. ROOMSURGE MAKES NO REPRESENTATIONS REGARDING THE AMOUNT OF TIME THAT ANY CONTENT OR USER CONTENT WILL BE PRESERVED. ROOMSURGE DOES NOT ENDORSE, VERIFY, EVALUATE OR GUARANTEE ANY INFORMATION PROVIDED BY USERS AND NOTHING SHALL BE CONSIDERED AS AN ENDORSEMENT, VERIFICATION OR GUARANTEE OF ANY USER CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY USE OR RELIANCE ON ANY USER CONTENT WILL BE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY SUCH USE OR RELIANCE. YOU SHALL NOT CREATE OR DISTRIBUTE INFORMATION, INCLUDING BUT NOT LIMITED TO ADVERTISEMENTS, PRESS RELEASES OR OTHER MARKETING MATERIALS, OR INCLUDE LINKS TO ANY SITES WHICH CONTAIN OR SUGGEST AN ENDORSEMENT BY ROOMSURGE WITHOUT THE PRIOR REVIEW AND WRITTEN APPROVAL OF ROOMSURGE. YOU ARE RESPONSIBLE FOR ENSURING THAT ALL PRODUCTS YOU FIND THROUGH THE VISUAL SEARCH FUNCTIONALITY MEET YOUR REQUIREMENTS, AND WE WILL NOT BE RESPONSIBLE TO YOU FOR ANY LOSSES YOU OR SOMEONE ELSE WHO MIGHT SUFFER AS A RESULT OF YOUR USE OF THE VISUAL SEARCH FUNCTIONALITY, INCLUDING IF YOU BUY ANY PRODUCTS FOUND THROUGH THE VISUAL SEARCH FUNCTIONALITY THAT ARE MISMATCHED, MISDESCRIBED OR UNSUITABLE FOR YOUR NEEDS.
THE ROOMSURGE PROPERTY IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE ROOMSURGE PROPERTY OR ANY INFORMATION OR TECHNOLOGY THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ROOMSURGE OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE ROOMSURGE PROPERTY, NOR SHALL ROOMSURGE OR ITS LICENSORS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND ROOMSURGE’S OR ITS LICENSORS’ REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE ROOMSURGE PROPERTY'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL GRAINGNER, ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND OTHER RIGHTS MAY BE AVAILABLE.
9. PRIVACY AND SECURITY
On certain areas of the RoomSurge Property, you may be given the ability to provide RoomSurge with personal information. Any personal information you have provided, may provide, or that may be collected by us in connection with your use of the RoomSurge Property will be collected, maintained and used in accordance with this Agreement, our privacy policy located here (“Privacy Policy”), any additional terms applicable to an individual product, service or promotion. Please read the RoomSurge Privacy Policy for more information about RoomSurge’s information collection and use practices, which policy applies to information collected on the RoomSurge Property and your use of the RoomSurge Property is subject to that policy.
10. INFORMATION AND COMPLAINTS
If you have a question or complaint regarding the RoomSurge Property, please send an e-mail to admin@roomsurge.com. You may also contact RoomSurge by phone or mail at the contact information provided on the RoomSurge Property. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information, including sensitive personal information or health information, in your e-mail correspondence with RoomSurge.
11. MISCELLANEOUS
The Agreement will be governed by and construed in accordance with the laws of Minnesota without regard to conflicts of laws principles. By using the RoomSurge Property, you hereby agree that any and all disputes regarding the Agreement will be subject to the courts located in Hennepin County, Minnesota or the federal courts for the District of Minnesota. The Agreement operates to the fullest extent permissible by law. Accessing materials on the RoomSurge Property by certain persons in certain countries may not be lawful, and RoomSurge makes no representation that materials on the RoomSurge Property are appropriate or available for use in locations outside the United States. If you choose to access the RoomSurge Property from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.
If RoomSurge fails to act with respect to your breach or anyone else's breach on any occasion, RoomSurge is not waiving its right to act with respect to future or similar breaches.
If any provision of the Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions of this Agreement.