Last Modified: January 9, 2020
Acceptance of the Terms
Changes to these Terms
Your Comments and Concerns
This website is operated by Inhabitr Corporation, 58 West Huron Street, Chicago IL 60611. All feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: email@example.com. If you choose to provide input and suggestions regarding the Services, then you hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use such suggestions in any manner and for any purpose, including to improve the Services or create other products and services.
Conditions of Access
Use of the Services will cause you to incur financial obligations, such as the payment of rental fees in exchange for the leasing of furniture. By accepting these Terms, you represent and warrant to us that you understand and are capable of undertaking such obligations, including that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Platform; and (c) your registration and your use of the Services is in compliance with all applicable laws and regulations.
Use of our Mobile Application
To use any mobile application feature of the Services (each, an “App”), you must have a compatible mobile device. We do not warrant that any App will be compatible with your mobile device. You may use mobile data in connection with an App and may incur additional charges from your wireless provider for using an App: you agree that you are solely responsible for any such charges. We may update any App and may automatically electronically update the version of any App that you have installed on a mobile device, and you consent to all such automatic upgrades. These Terms will apply to all updated versions of an App. Any third-party open source software included in an App is subject to the applicable open source license and may be available directly from the creator under an open source license. These Terms do not apply to your use of software obtained from a third-party source under an open source license.
Intellectual Property Rights
The Platform and all of its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively, the “Content”), are owned by Inhabitr, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not use any of the Content for any purposes without our prior written consent.
In particular, but without limitation, the Content includes the Inhabitr name and all related names, logos, product and service names, designs, and slogans are trademarks of Inhabitr or its affiliates or licensors. You must not use such marks without the prior written permission of Inhabitr. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners; our use of the same is generally allowed under licenses with their respective owners, and does not imply or grant you any right to use the same.
Reservation of Rights
All of the Content is the property of and/or proprietary to us. We hereby grant you a limited, non-exclusive, non-transferable and non-sublicensable right and license, solely for your personal or internal business use, to access the Platform and use the Services and Content. You may not duplicate, copy, resell, license or otherwise redistribute any portion of the Content. Nothing contained herein shall be construed as conferring to you, by implication or otherwise, any license or right under any copyright, patent, trademark or other proprietary right of ours. The Content may be provided to us by third parties and by governmental and/or regulatory agencies. While we take commercially reasonable steps to verify the validity of such content and data, we make no representation or warranty with respect to the accuracy, currency or completeness of such third party content and data.
You agree to defend, indemnify, and hold harmless Inhabitr, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your usage of the Services or violation of these Terms.
Linking to the Platform and Social Media Features
The Platform may provide certain features that enable you to:
- Link from your own or certain third-party websites to certain content on the Platform.
- Send emails or other communications with certain content, or links to certain content, on the Platform.
- Cause limited portions of content on the Platform to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content with which they are displayed and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any external website.
- Cause any portion of the Platform to be displayed on, or appear to be displayed by, any other site: for example, by framing, deep linking, or in-line linking.
- Link to any part of the Platform other than the homepage.
- Otherwise take any action with respect to the materials on the Platform that is inconsistent with any other provision of these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop. We reserve the right to withdraw linking permission without notice.
The Platform also contains links to other sites, services and resources provided by third parties on the Platform: these links are provided for your convenience or marketing purposes only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Platform infringe your copyright, you may request removal of those materials (or access thereto) from the Platform by submitting written notification to our copyright agent (designated below), which notice must include substantially the following:
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Platform so that our copyright agent can locate it;
- Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
- A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.
Our designated copyright agent to receive notices is:
Attn: Copyright Agent
58 West Huron Street
Chicago IL 60611, USA
You may not use or introduce into the Platform any device, software or routine that could damage or interfere with the ordinary and proper operation of the Platform. You may not directly or indirectly take any action to unduly stress the Platform, or that we reasonably determine to be abusive. We reserve the right to monitor your use of the Platform and conformance with these Terms. You acknowledge and hereby consent to such monitoring. We may discontinue your access at any time, for any reason.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL INHABITR, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES OR APPLICATIONS LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES AND APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
EXCEPT AS EXPRESSLY PROVIDED HEREUNDER, THE SERVICES, INCLUDING WITHOUT LIMITATION ALL CONTENT AND OTHER INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, EXPECTED RESULTS OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WE SHALL NOT BE LIABLE TO YOU FOR ANY CLAIM OR LOSS CLAIMED BY YOU OR ANY THIRD PARTY RELATING TO BUSINESS DECISIONS MADE BY YOU AS A RESULT OF YOUR USE OF THE SERVICES AND THE CONTENT. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SERVICES. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH DAMAGES ARE FORESEEABLE OR WHERE WE HAVE BEEN ADVISED OR HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM YOUR USE OF THE SERVICES.
YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES AND USE OF THE CONTENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINMENT OF CONTENT THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, ARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR A LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR CONTENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OR WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Restrictions, Indemnification, and Disputes
You warrant that you will not use the Services to: conduct or engage in unlawful, immoral, harassing, or improper activities; violate any law or regulation; or violate or infringe upon our rights or the rights of any third party, including without limitation, contractual rights, intellectual property rights, and privacy rights. In addition, you specifically agree not to:
- Reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Content or Services, except as explicitly permitted under these Terms;
- Provide/post/authorize a link to any of the Services from a third-party website except as allowed herein;
- Remove or modify any copyright or other intellectual property notices that appear in the Services;
- Use the Services for any commercial purpose, unless subject to a commercial agreement validly signed on behalf of Inhabitr;
- Use the Services in any way that is unlawful, or harms Inhabitr, its service providers, suppliers, or any other user;
- Upload invalid data, viruses, worms, or other software agents to the Services;
- Interfere with or compromise the system integrity or security of the Services, or otherwise bypass any measures Inhabitr may use to prevent or restrict access to the Services;
- Conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, and any other automated activity with the purpose of obtaining information from the Services) on the Services;
- Use any of Inhabitr’s trademarks without approval, including but not limited to using them as part of your business name, screen name or email address on the Services;
- Access or use any of the Services to develop competitive products or services; or
- Attempt to, or permit or encourage any third party to, do any of the above.
We reserve the right to terminate your access to and use of the Services if, in our reasonable belief, you have violated the usage limitations set forth in these Terms or your usage of the Services is incompatible with our legitimate business purposes.
Accessing the Platform and Account Security
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You are solely responsible for any activity that occurs through your account. In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your account at all times. Incorrect or outdated information may lead to errors or delays, for which we will not be responsible.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. We reserve the right to withdraw or amend the Services or discontinue the Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.
You agree to defend, indemnify and hold harmless Inhabitr and each of its officers, directors, employees, agents, assigns and licensors from any and all claims, demands, liability, judgments, costs and expenses (including reasonable attorneys' fees and costs) arising out of or related to any breach of these Terms.
The owner of the Platform is based in the United States. We provide the Platform for use only by persons located in the United States. We make no claims that the Platform or any of its content is accessible, appropriate or lawful outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Governing Law and Jurisdiction
All matters relating to the Platform and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois, in each case located in the City of Chicago and County of Cook, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver by Inhabitr of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Inhabitr to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Additional Terms and Conditions – Third Parties