Terms & Policies

This privacy policy (this “Privacy Policy”) describes the practices of Dorm Room Fund (“DRF,” “we,” “our,” and “us”) with respect to the Personal Information we collect from or about you when you use our websites or services (collectively, the “Services”).

WHAT INFORMATION DO WE COLLECT?

PERSONAL INFORMATION YOU PROVIDE:

We collect certain Personal Information you provide to us through:

• Your access or use of the Services;
• Your electronic communications with us, such as when you inquire about the Services, including in regard to the merchandise and other products available through our website;
• Your subscription to our newsletters or updates;
• Your registration for membership offerings available through the Services; and
• Your offline communications with us, such as in-person communications.

The Personal Information we collect when you provide it directly to us may include, but is not limited to, the following types of information:

• Account Information: When you create an account with us, we will collect information associated with your account, including, to the extent applicable, your name, contact information, account credentials, payment card information, and transaction history.
• Purchase/Registration Information: When you make a purchase or attempt to make a purchase using the Services, we collect your name, email address, shipping address, and phone number.
• Financial Information: When you make a purchase using the Services, the vendors we use to process your payment may collect the payment information you are required to provide when making such purchase, as well as certain government identifier information for fraud purposes and other purposes permissible under applicable law.
• Transaction Information: When you make a purchase using the Services, we collect information about the transaction, such as the purchase amount, product purchased, and date of purchase.
• Communications: When you communicate with us, we collect your name, contact information, and the content of any messages you send us.

You are not required to provide any information to us, but some features of the Services may not be accessible to you unless you provide certain information.

PERSONAL INFORMATION YOU AUTOMATICALLY PROVIDE WHEN YOU USE THE SERVICES:

We or certain of our vendors may collect the following Personal Information that you automatically provide when you use or interact with the Services:

• Log Data: We may collect information that your browser or device automatically sends us when you interact with the Services, such as your IP address, your browser type and settings, and the date and time of your interaction with the Services. Certain of our vendors may collect this information on our behalf.
• Usage Data: We may collect information about the way you use the Services, such as the frequency of your use, the types of content that you view or engage with, the actions you take, and ways in which you navigate the Services. Certain of our vendors may collect this information on our behalf.
• Device Information: We may collect information about the device you use to interact with the Services, such as the name of the device, the device’s unique identifiers (e.g., IDFA or Android ID), and its operating system. Certain of our vendors may collect this information on our behalf.
• Location Information: We may collect information about your general location that we infer from your IP address. Certain of our vendors may collect this information on our behalf.
• Cookies, other Tracking Technologies and Analytics: We and those of our vendors that provide us online analytics products may use cookies, clear GIFs, pixel tags, and other tracking technologies to collect information about your interactions with the Services and about the computers and devices (including mobile devices) you use to access the Services. These technologies help us understand user behavior, personalize preferences, perform research and analytics, and improve the Services. With these technologies, for example, we or our vendors may be able to tailor the Services to your needs, save your password in password-protected areas, track the pages you visit, help us manage content, and compile statistics about usage of the Services. We or our vendors also may use certain of these technologies in emails we send to you and other users to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but your browser may allow you to modify your browser settings to decline cookies if you prefer. If you disable cookies, you may be prevented from taking full advantage of the Services, because the Services may not function properly. You can manage your consent for this website here.

PERSONAL INFORMATION WE RECEIVE FROM THIRD PARTIES:

We may also collect Personal Information when it is provided to us by the vendors we use in connection with providing you the Services. We may combine the Personal Information you provide us, either directly or automatically, when you use or interact with the Services, with the Personal Information we obtain from such third parties.

HOW DO WE USE PERSONAL INFORMATION?

We use Personal Information for the following purposes:

• To provide, maintain, improve, and enhance the Services;
• To communicate with you, provide you with updates and other information related to the Services, provide information that you request, respond to comments and questions, and otherwise provide support;
• To understand and analyze how you use the Services and to develop new products, services, and features;
• To investigate and prevent fraud, and respond to trust and safety issues that may arise;
• To process transactions with you;
• To protect the safety and integrity of our users, employees, other parties, members of the public, and the Services;
• For marketing purposes;
• To conduct analysis and develop insights that enable us to operate, protect, make informed decisions, and report on our business;
• For compliance purposes, including enforcing our legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency; and
• For any other purpose for which we provide notice to you.

Aggregated or De-Identified Information: We may aggregate or de-identify Personal Information so that it can no longer be used to identify you. We may use aggregated or de-identified information for any purpose, including, without limitation, to improve and add features to the Services, to conduct research and for other similar purposes. We may also share aggregated or de-identified information with third parties, including without limitation, advertisers, promotional partners, sponsors and event promoters. We may collect aggregated or de-identified information through the Services, through cookies, and through other means described in this Privacy Policy. We will maintain and use aggregated or de-identified information in anonymous or de-identified form, and we will not attempt to reidentify the information, unless required by law.

DISCLOSURE OF PERSONAL INFORMATION

We may disclose Personal Information to the following third parties or in the following circumstances without providing further notice to you:

• Affiliates: We may disclose Person Information to our affiliated entities, including our subsidiaries.
• Vendors and other Service Providers: We may disclose Person Information to vendors and independent contractors who perform services on our behalf, including Fourthwall, Inc., a Delaware corporation, the vendor that assists us in providing our website and ecommerce solutions to you. Our vendors and independent contractors provide such services as: data storage, analytics, billing, marketing, product content and features, customer service, data storage, security, fraud prevention, and legal services.
• Safety and Protection of Us and Others: We may disclose Person Information to appropriate third parties if we believe in good faith that doing so is necessary or appropriate to protect or defend the rights, safety, or property of us or other parties, including to defend or enforce this Privacy Policy or any other contractual arrangement between you and us.
• Legal Requirements: We may disclose Person Information to government authorities or other third parties if we believe in good faith that doing so is necessary or appropriate to comply with any law enforcement, legal, or regulatory process, such as to respond to a warrant, subpoena, court order, or other applicable laws and regulations.
• Business Transfers: We may disclose Person Information to counterparties or their service providers in any strategic transaction, reorganization, bankruptcy, receivership, or transition of service to another provider in connection with the diligence process for any such transaction.
• Consent/At Your Direction: We may disclose Personal Information to nonaffiliated third parties if you give us consent to do so.

ONLINE ANALYTICS AND TAILORED ADVERTISING

ONLINE ANALYTICS:

The Services may use third-party web analytics services, such as those of Google Analytics. These vendors use the sort of technology described in the “Personal information you automatically provide when you use the Services” section above to help us analyze how you use the Services, including by noting the third-party website from which you arrive. The information collected by this technology will be disclosed to or collected directly by these vendors, who use the information to evaluate your use of the Services. The Services also uses Google Analytics for certain purposes related to advertising, as described in the following section. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-Out Browser Add-on.

TAILORED ADVERTISING:

The Services also makes use of third-party advertising technologies to place cookies or other tracking technologies on your computer, mobile phone, or other device to collect information about your use of the Services in order to (a) inform, optimize, and serve marketing content based on past visits to our websites and other sites and (b) report how marketing content impressions and interactions with these marketing impressions are related to visits to our websites. The Services also allows other unaffiliated parties (e.g., ad networks and ad servers such as Google Analytics) to serve tailored marketing to you and to access their own cookies or other tracking technologies on your computer, mobile phone, or other device you use to access the Services. Those parties that use these technologies may offer you a way to opt out of targeted advertising, as described below. You may receive tailored advertising on your computer through a web browser. Cookies may be associated with de-identified data linked to or derived from data you voluntarily have submitted to the Services (e.g., your email address) that may be disclosed to a vendor in hashed, non-human-readable form.

If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored marketing, you may visit the Network Advertising Initiative’s (“NAI”) Consumer Opt-Out Link, the Digital Advertising Alliance’s (“DAA”) Consumer Opt-Out Link, and/or the European Interactive Digital Advertising Alliance to opt-out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for Display Advertising or customize Google Display Network ads, you can visit the Google Ads Settings page. Please note that to the extent advertising technology is integrated into the Services, you may still receive advertising content even if you opt out of tailored advertising. In that case, the advertising content may not be tailored to your interests. Also, we do not control any of the above opt-out links and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms. If your browsers are configured to reject cookies when you visit these opt-out pages, or you subsequently erase your cookies, use a different computer or change web browsers, your opt-out may no longer be effective.

WHAT ARE YOUR RIGHTS WITH RESPECT TO YOUR PERSONAL INFORMATION?

Depending on your location, and to the extent the applicable data privacy laws of that jurisdiction apply to our collection of Personal Information as described in this Privacy Policy, you may have certain rights regarding with respect to the Personal Information we collect, including:

• The right to access your Personal Information;
• The right to receive information about how we process your Personal Information;
• The right to correct inaccurate Personal Information;
• The right to delete Personal Information;
• The right to transfer your Personal Information to a third party;
• The right to restrict how we process your Personal Information;
• The right to object to how we process your Personal Information; and
• The right to lodge a complaint with your local data protection authority.

The exact scope of these rights depends on your location, and whether we are subject to the applicable data privacy laws of such jurisdiction. To learn more about your rights or to exercise them, please contact us at info@dormroomfund.com. We may request you provide us with information necessary to confirm your identity before responding to your request.

RESIDENTS OF THE EUROPEAN ECONOMIC AREA AND UNITED KINGDOM

Dorm Room Fund is considered the “data controller” of the personal data we handle under this Privacy Policy. In other words, we are responsible for deciding how to collect, use and disclose this data, subject to applicable law. The laws of some jurisdictions such as the laws of the European Economic Area and the United Kingdom require data controllers to tell you about the legal grounds they rely on for using or disclosing of your Personal Information. To the extent those laws apply, our legal grounds are as follows:

• Contractual Necessity: We may use or disclose Personal Information to honor our contractual commitments to you. For example, we will process your Personal Information to comply with our agreements with you, and to honor our commitments in any contracts that we have with you.
• With Your Consent: Where required by law, and in some other cases, we use or disclose Personal Information on the basis of your consent. You may withdraw any consent you previously provided to us regarding the processing of your Personal Information, at any time and free of charge. We will apply your preferences going forward and this will not affect the lawfulness of the processing that occurred before you withdrew your consent.
• Legitimate Interests: In many cases, we use or disclose Personal Information on the grounds that it furthers our legitimate business interests in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals, such as in connection with providing customer service, offering or providing certain promotional activities, analyzing and improving our business, providing security for the Services, preventing fraud, and managing legal issues.
• Legal Compliance: We need to use and disclose Personal Information in certain ways to comply with our legal obligations, such as to comply with tax and accounting obligations.

RESIDENTS OF CALIFORNIA

The California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (“CCPA”) may require us to provide additional information to California residents. This section only applies to you if you are a California resident, and only to the extent we are subject to the requirements of the CCPA. In this section, where we use a term in “quotes,” that term shall have the meaning ascribed to it in the CCPA.

CATEGORIES OF PERSONAL INFORMATION WE COLLECT:

Section 1 of this Privacy Policy describes the information we collect from and about you, Section 2 of this Privacy Policy describes the purposes for which we use such information, and Section 3 of this Privacy Policy describes when and to whom we disclose such information. The CCPA requires us to list the Personal Information we collect by category along with the purposes of its use and the unaffiliated parties to which it is disclosed.

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We also collect “sensitive personal information,” as that term is defined in the CCPA. We collect the following category of “sensitive personal information”: account log-in and password or other credentials in connection with creating your account to access the Services.

We collect the categories of Personal Information identified above from the following sources: (1) directly from you; (2) through your use of the Services; (3) from affiliates or vendors or service providers; and (4) from other parties such as marketers and other users.

NOTICE OF FINANCIAL INCENTIVES:

We may provide certain incentives, such as discounts for referrals. You can opt into the incentives by providing us with the information requested or as otherwise described in the Services. We collect Personal Information as described in the incentive, such as your email address. Your participation in any incentive is completely voluntary, and you have a right to withdraw from such incentive at any time. If you decide you don’t want to participate in an incentive, you can refrain from taking the requested actions.

The specific reward or incentive offered, if any, will be made available to you on the Services. The monetary value of the reward or incentive is a reasonable approximation of the monetary value of the Personal Information to us in connection with participating in the incentive. We arrived at this conclusion based on consideration of multiple factors, including the following: (1) the revenue we generate from referrals; and (2) the expenses we incur in operating the incentive program.

YOUR CCPA RIGHTS:

If you are a California resident, then to the extent the requirements of the CCPA apply to our collection of your Personal Information, the CCPA may permit you to request that we:

• Provide you the categories of Personal Information we have collected or disclosed about you; the categories of sources of such information; the business or commercial purpose for collecting, “selling,” or “sharing” your personal information; the categories of third parties to whom we disclose or “sell,” or with whom we “share,” personal information; and the categories of personal information we “sell.”
• Provide access to and/or a copy of certain information we hold about you.
• Delete certain information we have about you.
• Correct inaccurate personal information that we maintain about you.

You also have the right to opt out of “sales” and “sharing” of personal information, as described below. You may have the right to receive information about the financial incentives that we offer to you, if any. You also have the right to not be discriminated against (as provided for in applicable law) for exercising certain of your rights. Certain information may be exempt from such requests under applicable law. We need certain types of information so that we can provide the Services to you. If you ask us to delete such information, you may no longer be able to access or use the Services.

The CCPA also allows you to limit the use or disclosure of your “sensitive personal information” (as defined in the CCPA) if your sensitive personal information is used for certain purposes. Please note that we do not use or disclose sensitive personal information other than for purposes for which you cannot opt out under the CCPA.

If you would like to exercise any of these rights, please submit a request to us at info@dormroomfund.com. You will be required to verify your identity before we fulfill your request, and we may request additional information from you in order to do this. You can also designate an authorized agent to make a request on your behalf. To do so, you must provide us with written authorization or a power of attorney, signed by you, for the agent to act on your behalf. You will still need to verify your identity directly with us.

“SALE” AND “SHARING” OF PERSONAL INFORMATION:

The CCPA sets forth certain obligations for businesses that “sell” or “share” personal information.

We may disclose your personal information to third parties for purposes of analytics and advertising. We provide information to analytics providers to better understand how users use the Services so we can improve the Services and create new products and services. We may also provide personal information to third-party advertising providers for targeted advertising purposes, so we can provide you with more relevant and tailored ads regarding our services. Under the CCPA, disclosing personal information to these third parties may be considered a “sale” of personal information or the “sharing” of personal information for purposes of “cross-context behavioral advertising.”

The following chart lists the categories of personal information we have sold or shared over the last 12 months, and the categories of third parties to whom we have sold or shared such personal information.

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To opt out of our disclosure of your personal information for purposes that could be considered “sales” or “sharing,” please send the request via email to info@dormroomfund.com.

We do not knowingly “sell” or “share” the personal information of children under 16.

RETENTION OF YOUR PERSONAL INFORMATION

Please see section below for our data retention practices.

DO NOT TRACK

We do not respond to browser-initiated Do Not Track signals, as the Internet industry is currently still working on Do Not Track standards, implementations, and solutions. Please note that Do Not Track is a different privacy mechanism than the Global Privacy Control browser choice referenced above.

SHINE THE LIGHT

Under California’s “Shine the Light” law, California residents may request certain information regarding our disclosure of your information to third parties for their direct marketing purposes. We do not disclose your information to third parties for their direct marketing purposes.

CHILDREN’S PRIVACY

We do not knowingly collect, maintain, or use Personal Information of children under 13 years of age, and no part of our Services are directed to children. If you learn that a child has provided us with Personal Information in violation of this Privacy Policy, then you may alert us at info@dormroomfund.com.

SECURITY

We protect your personal information by using physical and electronic safeguards designed to improve the security of the personal information we maintain. However, as no electronic transmission or storage of personal information can be entirely secure, we can make no guarantees as to the security or privacy of your personal information.

RETENTION

We keep your Personal Information for the time necessary for the purposes for which it is processed. The length of time for which we retain Personal Information depends on the purposes for which we collected and use it and your choices, after which time we may delete and/or aggregate it. We may also retain and use Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

CONSENT TO TRANSFER

We may store and process Personal Information in the United States and other countries outside the United States which may have data protection laws that differ from the laws of your country. By using the Services, or providing us with any information, you consent to the collection, processing, maintenance, and transfer of such information in and to the United States and other applicable countries in which the privacy laws may not be as comprehensive as, or equivalent to, those in the country where you reside and/or are a citizen.

THIRD-PARTY LINKS AND SERVICES

The Services may contain links to other websites, products, or services that we do not own or operate. We are not responsible for the privacy practices of these third parties. Please be aware that this Privacy Policy does not apply to your activities on these third-party services or to any Personal Information you disclose to these third parties. We encourage you to read their privacy policies before providing any personal information to them.

CHANGES TO THIS PRIVACY POLICY

We may change this Privacy Policy to reflect changes in the law, our information practices or the features of the Services. We will indicate the date of the most recent update to the Privacy Policy at the beginning of the Privacy Policy. By continuing to use the Services, you are confirming that you have read and understood the latest version of this Privacy Policy.

CONTACT US

If you have questions about this Privacy Policy, please contact us at info@dormroomfund.com.

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These Website Terms of Use (these “Terms”) are a legal contract between Dorm Room Management Company LLC (“DRF,” “we,” “us,” or “our”) and you (“you” or “your”) and govern your access to and use of www.dormroomfund.com, including without limitation all the text, data, information, software, graphics, photographs, content, functionality, and services offered on or through this website (all of the foregoing are referred to in these Terms as the “Website”).  

PLEASE READ THESE TERMS CAREFULLY BEFORE BROWSING OR USING THE WEBSITE. BY USING THE WEBSITE, OR BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND OUR PRIVACY POLICY INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH DRF. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.  

The Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Website, you represent and warrant that you are at least 18 years old and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. 

ACCESSING AND USING THE WEBSITE; ACCOUNT SECURITY

We invite you to use the Website for individual, consumer purposes related to the products and services offered on or through the Website. You are responsible for both: (i) obtaining and maintaining your device, software, operating system, carrier and network access necessary to properly access and use the Website; and (ii) ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them. DRF does not guarantee that the Website or any portions thereof will function on or in connection with any particular device, software, operating system, carrier, or network. DRF will have no liability for errors, unreliable operation, or other issues resulting from the use of the Website. 

We reserve the right to withdraw or amend the Website, and any services, products, or materials we provide on or through the Website, in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Website to users, including customers. 

You do not need to register an account with us to simply visit and view the Website. However, in order to access certain password-restricted areas of the Website and to use some of the resources offered on and through the Website, you must successfully register for an account with us. In addition to acceptance and agreement to these Terms, you may be required to provide additional information to DRF and enter into additional agreements with DRF and/or its third-party affiliates to access additional resources. 

REGISTERING FOR AN ACCOUNT 

In order to register for an account with us, you must submit the following information through the account registration page on the Website:  

• A working email address;
• First and last name;
• A working phone number; and 
• Preferred password.

You may also provide additional, optional information and make updates to your information after you complete the initial account registration. 

It is a condition of your use of the Website that all the information you submit to create an account is correct, current, and complete, and you must maintain accuracy and completeness of the information associated with your account for as long as you use the account. Once you submit the required account registration information, we will determine and notify you whether or not we have approved your proposed account. If approved, we will send you an e-mail detailing how to complete your account registration. You may register for and maintain a single account. Your account is not transferable. You are responsible for complying with these Terms and our Privacy Policy when accessing and using the Website and your account. You are responsible for maintaining the confidentiality of your password to access your account. You may not allow another individual or third party to access, use, or modify your account. If you believe your password or security for the Website has been breached in any way, you must immediately notify us by e-mailing us at info@dormroomfund.com. You are fully and solely responsible for any and all use of the Website using your account. 

We reserve the right to revoke or deactivate your account at any time. We reserve the right to take any and all actions, as deemed necessary and reasonable, regarding the security of the Website and your account. We are not responsible or liable for any damage or loss related to any unauthorized access or use of your account. 

ELECTRONIC COMMUNICATIONS

By using the Website and/or the products and services provided on or through the Website, you consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Website, these Terms, the products and services provided on or through the Website. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. 

PRIVACY POLICY

Please review our Privacy Policy, which explains how we collect, use, and disclose the information you provide to us. The Privacy Policy is hereby incorporated into these Terms by reference and constitutes a part of these Terms. 

USER CONTENT

With respect to any content, messages, text, photos, videos, and other materials (collectively “User Content”) that you provide to us through the Website, you grant to DRF and our affiliates and relevant third-party service providers a perpetual, irrevocable, nonexclusive, transferable, royalty-free, worldwide, fully paid-up, and sublicensable (through multiple tiers) license to:

• collect, use, store, analyze, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly or otherwise perform and display, and exploit your User Content and any findings from your User Content in all media formats and channels now known or later developed without compensation to you or any third party; 
• use (and permit others to use) your User Content in any manner and for any purpose (including without limitation commercial purposes) that we deem appropriate in our sole discretion (including without limitation to incorporate your User Content or any modification thereto, in whole or in part, into any technology, product, or service, or develop and improve DRF’s products and services); and
• display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. 

When you post or otherwise share User Content on or through the Website, you understand that your User Content and any associated information (such as your username and profile photo) may be visible to others. DRF has no control over and is not responsible for any use or misuse (including any distribution) by any third party of User Content.

You represent and warrant that your User Content, and DRF’s use of User Content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.

You may also post or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content for which you do not have all rights necessary to grant us the license described above or that:

• is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
• would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability, or violate any applicable local, state, national or international law;
• may infringe any patent, trademark, trade secret, copyright, moral right or other intellectual or proprietary right of any party;
• contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
• impersonates, or misrepresents your affiliation with, any person or entity;
• contains any unsolicited promotions, political campaigning, advertising or solicitations;
• contains any private or personal information of a third party without such third party’s consent or contains your private or personal information;
• contains any malware, viruses, corrupted data or other harmful, disruptive or destructive files or content; or
• in our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying the Website, or may expose DRF or others to any harm or liability of any type.
  

DRF does not undertake to review all User Content, and DRF expressly disclaims any duty or obligation to undertake any monitoring or review of any User Content. Although DRF has no obligation to screen, edit or monitor User Content, DRF may:

• delete or remove User Content or refuse to post any User Content at any time and for any reason with or without notice, including without limitation for any violations of applicable law or these Terms;
• terminate or suspend your access to all or part of the Website if your User Content violates applicable law or these Terms;
• take any action with respect to your User Content that is necessary or appropriate, in DRF’s sole discretion, to ensure compliance with applicable law and these Terms or to protect any third-party rights, including third-party intellectual property and privacy rights (e.g., providing information regarding you to copyright owners in furtherance of Digital Millennium Copyright Act takedown requests); and
• cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

LINKS TO THIRD-PARTY SITES

For convenience, we may sometimes provide links on the Website to third-party websites. If you use these links, you will leave the Website. We are not obligated to review any third-party websites that you link to from the Website, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them). We do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Website, you do so entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party websites.

UNAUTHORIZED ACTIVITIES

You understand that you may lose your right to use the Website if you do not abide by these Terms. In addition to other prohibitions in these Terms, certain conduct is prohibited on the Website. Unauthorized use of the Website may result in violation of various United States and international laws, including without limitation copyright laws. Unless you have written permission from us stating otherwise, you are not authorized to use the Website, or any data or information you obtain from your use of the Website in any of the following ways (this list is provided by way of example only, and is not a comprehensive list of all unauthorized activities):

• in any way that violates any applicable federal, state, local, or international law or regulation (including without limitation any laws regarding the export of data or software to and from the United States or other countries); 
• 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; 
• to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the content standards set out below in these Terms; 
• to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; 
• to impersonate or attempt to impersonate DRF, a DRF employee, another user, or any other person or entity (including without limitation by using email addresses associated with any of the foregoing); or 
• to engage in any other conduct that restricts or inhibits any other user’s use or enjoyment of the Website, or which, as determined by us, may harm DRF or users of the Website, or expose us or them to liability.

Additionally, you agree not to:

• use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other user’s use of the Website, including any other user’s ability to engage in real time activities through the Website; 
• use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; 
• use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent; 
• use any device, software, or routine that interferes with the proper working of the Website; 
• introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; 
• attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; 
• attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or 
• otherwise attempt to interfere with the proper working of the Website.

You understand and agree that your account may be terminated for any of the above infractions or using the Website in a prohibited manner. You agree to defend, indemnify and hold us and our affiliates harmless if you violate these Terms and that violation results in any claim, action, loss, liability, expense, damages and costs, including without limitation attorneys’ fees. You also agree to pay any damages that we may end up having to pay as a result of your violation. You alone are responsible for any violation of these Terms by you. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.

PROPRIETARY RIGHTS

Unless otherwise specified in these Terms, all materials, including the arrangement of them on the Website are our sole property, Copyright © 2024. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.  

INTELLECTUAL PROPERTY INFRINGEMENT

We respect the intellectual property rights of others and have a policy of removing User Content that violates intellectual property rights of others, suspending access to the Website (or any portion thereof) to any user who uses the Website in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Website in violation of someone’s intellectual property rights. 

Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe in good faith your copyright or other intellectual property right is being infringed by a user of the Website, please provide written notice to our Agent for notice of claims of infringement:

Attn: info@dormroomfund.com

To be sure the matter is handled immediately, your written notice must: 

• Contain your physical or electronic signature;
• Identify the copyrighted work or other intellectual property alleged to have been infringed;
• Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
• Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
• Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
• Contain a statement that the information in the written notice is accurate; and
• Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner. 

Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.

Submitting a DMCA Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the following information:

1.  Your physical or electronic signature;

2.  Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

3.  A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

4.  Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Repeat Infringers

We reserve the right, in our sole discretion, to terminate the account or access of any user of the Website who is the subject of repeated DMCA or other infringement notifications.  

DISCLAIMER OF WARRANTIES

THE WEBSITE, IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE WEBSITE, WHICH INCLUDES WITHOUT LIMITATION ANY AND ALL IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. 

WE MAKE NO PROMISE THAT THE WEBSITE IS FREE OF PROBLEMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT ANY OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE WEBSITE, INCLUDING CHATBOT, WILL BE CORRECTED. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR SERVICES OBTAINED THROUGH THE WEBSITE AND ARE NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS, OR FAILURE TO ACT OF ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR FROM US OR OUR SUBSIDIARIES/OTHER AFFILIATED COMPANIES SHALL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES. YOU ACCEPT FULL RESPONSIBILITY FOR ANY AND ALL DECISIONS OR TRANSACTIONS YOU MAKE IN THE COURSE OF USING THE WEBSITE.

LIMITATION OF LIABILITY

WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE WEBSITE.  

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION THAT ARISE OUT OF OR RESULT FROM THE USE OF, THE INABILITY TO USE, OR ERRORS OR OMISSIONS IN THE SERVICES, MATERIALS, CONTENT AND FUNCTIONS OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF WE OR AN AUTHORIZED REPRESENTATIVE OF DRF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE WEBSITE IS TO STOP USING THE WEBSITE OR THOSE PRODUCTS OR SERVICES. IN NO EVENT SHALL DRF’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING WITHOUT LIMITATION NEGLIGENCE OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS ($100.00). 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW. IF ANY PART OF THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, YOU AGREE THAT DRF’S LIABILITY TO YOU FOR ANY DAMAGE OR LOSS SHALL BE LIMITED TO THE FULLEST EXTENT ENFORCEABLE BY APPLICABLE LAW.

GEOGRAPHIC RESTRICTIONS; EXPORT CONTROL

We provide the Website for use only by persons located in the United States and Canada. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States and Canada. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.

FEEDBACK

Any submissions by You to us (e.g., comments, questions, suggestions, materials) (collectively, “Feedback”) through any communication whatsoever (e.g., call or email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including without limitation developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. To the extent the foregoing assignment of rights, title and interest in and your Feedback is prohibited by law, you hereby grant to DRF and its affiliates, subsidiaries, and assigns, a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up license (including the right to sublicense through multiple tiers) to (i) to fully use, practice and exploit those non-assignable rights, title and interest, including without limitation the right to use, reproduce, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute your Feedback, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, for any purpose, including without limitation, any purpose relating to the marketing, advertising and promotion of the Website and any all products and services; and (ii) authorize any such use by others of your Feedback, or any portion thereof, in the same manner in our sole discretion. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER

Please Read This Provision Carefully.  It Affects your Legal Rights.

This Dispute Resolution and Arbitration; Class Action Waiver provision, (this “Provision”) facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and us, including without limitation any dispute arising under these Terms; your visit to or use of the Website; or to any purchase, transaction, or other interaction with DRF facilitated through the Website (including without limitation claims relating to the DRF’s advertisements, pricing, and disclosures; email, SMS or other messages sent by DRF; or DRF’s collection, processing or retention of your information). For the avoidance of doubt, “dispute” will be given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

This Provision provides that all disputes between you and us shall be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees).  You may, however, opt-out of this Provision which means you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions).  EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve the dispute which is first done by emailing to us at info@dormroomfund.com the following information: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If we do not resolve the dispute within 45 days after receiving your notification, then you may pursue your dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, you or we may choose to pursue a dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”).  You may opt-out of this Provision by emailing us at info@dormroomfund.com the following information: (1) your name; (2) your address; (3) A clear statement that you do not wish to resolve disputes with Us through arbitration.  Either way, we will not take any decision you make personally.  Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with us.  However, we do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court.

Arbitration Procedures

If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or we may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply.  In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply.  The AAA rules are available at www.adr.org or by calling 1-800-778-7879.  For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative procedures or rules apply to the arbitration.

Because the Website and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – you or we may initiate arbitration in either New York or the federal judicial district that includes your billing address.

Payment of Arbitration Fees and Costs – So long as you place a request in writing prior to commencement of the arbitration, we will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator’s hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. But, you will still be responsible for all additional fees and costs that you incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and we specifically agree to do so in writing following initiation of the arbitration.  If you choose to pursue your dispute in court by opting out of this Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Website can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

No Judge or Jury in Arbitration

Arbitration does not involve a judge or jury. You understand and agree that by entering into these Terms you and we are each giving up the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and we might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.

Continuation

This Provision shall survive the termination of your account with us or our affiliates and your discontinued use of the Website. Notwithstanding any provision in these Terms to the contrary, we agree that if we make any change to this Provision (other than a change to the Notice Address), you may reject any such change and require Us to adhere to the present language in this Provision if a dispute between us arises.  

LANGUAGE

The Parties hereto have expressly required that these Terms and all documents and notices relating thereto be drafted in the English language.  

GENERAL

Certain violations of these Terms, as determined by us, may require immediate termination of your access to the Website without prior notice to you. The Federal Arbitration Act, New York state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or the Website will be heard in the courts located in New York, New York. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforce any of these Terms, we are not waiving our rights. These Terms are the entire agreement between you and us, and supersede all prior or contemporaneous negotiations, discussions or agreements between you and DRF about the Website. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

CALIFORNIA CONSUMER NOTICE

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Website is provided by Dorm Room Management Company LLC, 52 Strong Place #1, Brooklyn, New York 11231. If you have a question or complaint regarding the Website, please contact us at info@dormroomfund.com, or as set forth in the Privacy Policy, as applicable. You may also contact us by writing to the mailing address listed above. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

CHANGES TO THE WEBSITE

We may alter, modify, suspend, or discontinue the Website at any time and without notifying you. We may also change, update, add or remove provisions (collectively, “Modifications”) of these Terms from time to time.  We will notify you of any Modifications to these Terms by any reasonable means, including by posting the Modifications on the applicable service (provided that, for material Modifications, we will seek to supplement such notice by email, an in-service pop-up message, or other prominent notice within the service, or other means). If you object to any such Modifications, your sole recourse shall be to cease using the Website. Continued use of the Website following notice of any such modifications indicates you acknowledge and agree to be bound by the Modifications. 

CONTACT US

If you have any questions about these Terms or otherwise need to contact us for any reason, you can visit us at info@dormroomfund.com.