Inhabitr: Platform Terms
Last Modified: December 15, 2017
Acceptance of the Terms
The Platform allows Inhabitr and its Lessors to collect payments for rent, late fees, security deposits, or setup fees from Lessees through an ACH and/or credit card payment feature (the "Rent Payment"). [For Lessors who would like to accept online payments via ACH or Other Online Payment methods such as Credit Card Payments, Lessor must accept and agree to the ACH agreement on the Platform. Lessor will specify bank account information and the Unit and related Lessee that will make payments into such account.] A Lessee will be required to make online payments via ACH or other payment methods on a recurring basis (for rent) or on a one-time basis. To enable this feature of the Services, Lessee will be required to enter bank information and authorize Inhabitr to debit (either once or on a recurring basis) the Rent Payment. Inhabtir will save Lessee’s bank information on secure servers unless Lessee requests that Inhabitr delete such information.
All Payments made via the ACH payment feature of the Services will be transferred to one of
several accounts held by Inhabitr until the ACH has been cleared by the Federal Reserve and
Tenant’s bank and any additional time required to process the payment at Inhabitr’s end. Once
the ACH transfer has been cleared by the Federal Reserve and Tenant’s bank, Inhabitr shall
initiate an ACH transfer to Lessor in the amount of the Tenant Payment, less any processing or
During the time that a Lessee makes Tenant Payments to the Lessor through the Services, both Parties agree to ensure that all bank account, ACH information, and credit card information are up-to-date and accurate.
INHABITR IS NOT A COLLECTION COMPANY AND IN NO WAY GUARANTEES PAYMENT BY ANY USER NOR DOES IT INHERIT THE RISK ASSUMED BY ANY PARTY IN RELATION TO ANY TRANSACTION PERFORMED THROUGH THE SERVICE.
You are solely responsible for the payment of any fees incurred in connection with your use of the Services, including without limitation, those fees associated with the rental of a Unit or purchases from third parties. As stated above, Inhabitr is not responsible or liable in any way whatsoever for any financial transactions made or attempted between or by Users of the Services. Inhabitr shall not be responsible or liable, directly or indirectly, in connection with any financial transaction made or attempted to be made between or by Users of the Services.
Authorized Payments are Final: Your use of the Platform and the Services constitutes your agreement to pay for any amounts, which you authorize us to retain from transactions and, as appropriate, charge to your bank account. Such payments, once authorized, are final.
Unauthorized Transactions: Inhabitr is not responsible for loss incurred as a result of non-sufficient funds, returned checks, chargebacks, claims, reversals, WSUPP retrieval fee, recall fees, excessive returns fees, early funding fees, account maintenance fees, or any unforeseeable unsuccessful transaction or fees associated with those transactions. When appropriate, non-sufficient funds fees and returned checks fees will be passed on to the appropriate User.
Inhabitr reserves the right to seek reimbursement from User, and User will reimburse Inhabitr, if Inhabitr discovers a fraudulent transaction, erroneous or duplicate transaction, or if Inhabitr receives a chargeback or reversal from any User credit card company or bank for any reason. You agree to and acknowledge Inhabitr’s right to investigate any and all transactions for fraud. Further, you agree to cooperate with any reasonable requests made by Inhabitr in an effort to investigate fraud. User agrees that Inhabitr has the right to obtain such reimbursement by charging User’s account, deducting amounts from future transfers, charging User’s credit card or any bank account associated with your account, or obtaining reimbursement from User by any other lawful means, including using a third-party collection agency. Failure to pay for reimbursements of a charge back or a reversal of payment is cause for termination of User’s account.
Currency: Inhabitr operates in US Dollars and therefore Inhabitr is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than US Dollars, nor is Inhabitr responsible for currency fluctuations that occur when receiving or sending payment via credit card or PayPal or any similar payment method.
Late Payment: For each payment not received by Lessor within five (5) days after the due date Lessee will be charged a late fee in accordance to the lease paperwork signed by you. In addition to late payment charges, Lessee will be charged interest of 1.5% per month on all delinquent payments where allowed by law. Inhabitr has the right to obtain such reimbursement by charging User’s account, deducting amounts from future transfers, charging Lessor’s any bank account associated with your account, or obtaining reimbursement from User by any other lawful means, including using a third-party collection agency. Failure to pay for reimbursements of a charge back or a reversal of payment is cause for termination of User’s account.
Removal of property: The Leased Property shall not be removed from the address to which it is delivered without Lessor’s written consent.
Lessee agrees to notify Lessor at least fifteen (15) days before expiration of the Lease term or any monthly extension if pickup of the property is desired at that time. If the Leased Property is not returned at the end of the Lease Term, the lease shall be extended from month to month on the terms and conditions stated on this Agreement until either party sends the other written notice of termination at least fifteen (15) days prior to the intended termination date.
3. Early Termination/ Break Free Option:
Early termination of this lease by Lessee, or by Lessor upon Lessee’s default, will result in the following charges:
- Forfeiture of Lessee’s security deposit (if any)
- Hundred percent (100%) of the remaining current unpaid portion of the lease. All past due charges are due and payable in full.
- In case Lessee opts in for "Break Free Option" by paying $29 at the time of signing of the lease. The monthly rent will be adjusted for the period of use. For example if Lessee cancels a 12 month lease in 6 months and has paid the $29 fees at the time of signing of the contract, the rent per month will be at the prevailing 6 month rental rate.
- Lessee will also have a option of buying "Break Free Option" at the time of cancellation at
a price of $199 at any given time during the lease.
- Security deposit will be refunded
- No penalty as per (ii) above.
4. Credit Approval
Lessor's acceptance of this lease is conditioned upon credit approval of Lessee as laid out herewith. Lessee understands that by checking the I AGREE box immediately following this notice you are providing ‘written instructions’ to Inhabitr under the Fair Credit Reporting Act authorizing Inhabitr to obtain information from your personal credit profile or other information from Experian. You authorize Inhabitr to obtain such information solely to prequalify for credit options offered.
5. Security Deposit
The Security Deposit shall be returned to Lessee within fifteen (15) business days after the Leased Property is returned. Lessor may deduct from the security deposit any payments or charges owed by Lessee under this Lease Agreement and an amount sufficient to cover any loss or damage to the Leased Property from misuse, gross negligence, theft or disappearance. Lessee may not apply this security deposit toward any Monthly Payment, all of which must be paid when due.
Subleasing of any items rented through this website is not allowed.
7. Care, Use and Location:
Lessee is responsible, at its own cost and expense, to maintain the property, to keep it in good condition, and to return it to Lessor in the same condition as when received by Lessee, ordinary wear excepted. Lessee shall use the Furniture and Accessories lawfully, and shall not alter the Furniture and Accessories without Lessor’s prior written consent.
8. Default and Remedies:
If any credit or financial information submitted to Lessor by Lessee is materially untrue, or if Lessee defaults in two payment under the lease agreement, the entire balance of rent hereunder immediately due and payable as to any or all schedules of Furniture and Accessories covered hereby and to similarly accelerate the balances under any other leases between Lessor and Lessee without notice or demand.
9. Full value:
If Lessee fails to return the leased property as required, Lessor will be liable to Lessor for its full retail value in addition to all other payments and charges.
10. Lease & Rental Agreement:
Before the delivery of furniture, Lessee agree to sign a rental or lease agreement. This will be given after a background check for verification of credit and/or ability to maintain consistent payments for our service each month. The rental or lease agreement will be signed before the delivery of the rented items.
Delivery of the Furniture and Accessories to the location designated by Lessee and approved by Lessor. Lessee or Lessee’s representative is responsible for directing the placement of the Furniture and Accessories upon delivery.
12. Entire Agreement:
13. Changes to the Terms:
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the website thereafter. Your continued use of the website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time-to-time so you are aware of any changes, as they are binding on you.
14. 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.
15. Intellectual Property Rights:
The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by 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.
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 this website are the trademarks of their respective owners.
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 violation of these Terms.
18. Limitation on Liability:
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF INHABITR, ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MANAGERS, OFFICERS OR DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED $1,000. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, 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 WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, 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.
19. Linking to the Platform and Social Media Features:
This Website may provide certain social media features that enable you to:
- Register as a User via social media platforms such as Facebook or Google+.
- Link from your own or certain third-party websites to certain content on this Platform.
- Send emails or other communications with certain content, or links to certain content, on this Platform.
- Cause limited portions of content on this 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 they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. If you register for the Services via a social media platform, you authorize us to access and use certain account information, including, but not limited to, your public Facebook profile and other information. Subject to the foregoing, you must not:
- Establish a link from any external website.
- Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, 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 this Platform that is inconsistent with any other provision of these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
Please note that if your social media account or associated service becomes unavailable or if Inhabitr’s access to such account is terminated by a third-party service provider, then any User Content linked to such social media account will no longer be available on or through the Services. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR SOCIAL MEDIA ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SOCIAL MEDIA PLATFORM PROVIDERS. Inhabitr makes no effort to review any content from such social media accounts for any purpose, including but not limited to for accuracy, legality or non-infringement and Inhabitr is not responsible for any such account content. We may disable all or any social media features and any links at any time without notice in our discretion.
We have the right to fully cooperate 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 Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
The Platform also contains links to other sites, services and resources provided by third parties on the Platform (such as the Add-on Services, payment processing, background and credit checks) these links are provided for your convenience 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 this 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). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
- Your physical or electronic signature;
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works;
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address);
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
- A statement that the information in the written notice is accurate;
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
- Our designated Copyright Agent to receive DMCA Notices is:
- Copyright Agent
175 E Delaware Place, Ste 6001
Chicago IL 60611, USA
- Copyright Agent
24. Your Comments and Concerns
This website is operated by Inhabitr Corporation, 175 E Delaware Pl, ste 6001, Chicago IL 60611, USA.
EXCEPT AS EXPRESSLY PROVIDED HEREUNDER, THE SITE AND GOODS AND/OR SERVICES OFFERED HEREON, INCLUDING WITHOUT LIMITATION ALL CONTENT AND INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES, IS PROVIDED "AS IS," 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 SITE AND THE CONTENT. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR 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 SITE.
28. Restrictions, Indemnification, and Disputes.
29. Force Majeure
30. Rental/Lease Agreement
You agree that in order to rent or lease furniture from us a rental or lease agreement must be signed by you, the renter or lessee. As such, you, the renter or lessee, will be given a rental or lease agreement to be signed before the rented items can be considered in their possession. In addition, the renter or lessee may be subject to a background check for verification of credit and/or ability to maintain consistent payments for our service each month.
31. Return Policy
At Inhabitr, we have a 100% satisfaction guarantee policy. On arrival or post-assembly, if our furniture doesn't meet expectations and you want it returned, inform our delivery team before they leave. They will take the furniture back and you will be issued a complete refund - no questions asked!
If, however, you'd like the furniture returned after our team leaves the delivery and/or assembly site, feel free to inform us of the same :) We'll come pick up the furniture, but will have to charge you a $99 cancellation fee, so we can cover the extra-trip.
32. Add-On Services
The Platform also allows Users to purchase home goods and services, including but not limited to, laundry service, linens, furniture, and groceries, (collectively the "Add-on Services"). Such Add-on Services are provided to Users through third-party links on the Platform. 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 this Platform, you do so entirely at your own risk. All access and purchases of Add-on Services through the Platform are governed by and subject to the terms and conditions of use for such websites.
33. 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 this 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.
34. Prohibited Uses
You may use the Platform only for lawful purposes and in accordance with these Terms. You agree not to use the Platform:
- 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 US 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 in these Terms.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
- To impersonate or attempt to impersonate Inhabitr, an Inhabitr employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm Inhabitr or users of the Platform or expose them to liability.
Additionally, you agree not to:
- Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
- Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
- Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Platform.
- 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 Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
- Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Platform.
- Act in a manner that is defamatory, trade libelous, threatening or harassing;
- Provide false, inaccurate or misleading information;
- Send or receive what we reasonably believe to be potentially fraudulent funds;
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization or in any way that is likely to deceive any person;
- Provide yourself a cash advance from your credit card or participate in any actions constituting credit card fraud, check fraud, or money laundering (or help others to do so);
- Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
- Use an anonymizing proxy;
- Conduct your business or use the Services in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability to Inhabitr, other Users, third parties or you;
- Send unsolicited email to a User or use the Services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
- Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
- Use any robot, spider, other automatic device, or manual process to monitor or copy our Platform without our prior written permission;
- Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our Platform or the Services; or
- Take any action that may cause us to lose any of our services from our internet service providers, payment processors, or other suppliers.
35. Geographic Restrictions
The owner of the Platform is based in the United States. We provide this 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 or appropriate 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.
36. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED RELATING TO (A) YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, YOUR COMMUNICATIONS WITH, AND TRANSACTIONS FACILITATED BY A FELLOW USER; (B) USER CONTENT; (C) ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM INHABITR OR THROUGH THE SERVICES; OR (D) ANY OTHER COMMUNICATIONS, TRANSACTIONS, CONTENT OR DATA ON THE SERVICES, WHETHER PROVIDED OR OWNED BY YOU, INHABITR OR BY ANY THIRD PARTY OR USER. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
In addition to the above, you understand and agree to the following:
Inhabitr has no control over, and no duty to take any action regarding which Users access the Services, what content you access via the Services, what effects the content may have on you, how you may interpret or use the content, or what actions you may take as a result of your exposure to the content. Inhabitr is not responsible for the acts and omission of its Users. You release us from all liability related to our Services, the content you find on our Services and your reliance thereupon, your User Content, communications or other transactions facilitated via the Services, including financial transactions made between or by users of the Services, or your use of and communications with a particular User.
The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. Your interactions with fellow Users found on or through the Services, including payment of rental fees, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such fellow user. Inhabitr assumes no responsibility for a user’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations.
Inhabitr is not responsible for others’ misuse of User Content or any other content submitted by you. User Content may be transmitted or handled in an unencrypted manner if you use unencrypted gateways to connect to the Services. While Inhabitr takes measures to ensure that information provided to its third-party vendors and hosting partners is transmitted using reasonable security measures, it does not guarantee that those transmissions will be encrypted. You are solely responsible for adequate security protection and backup of User Content. Inhabitr shall have no liability to you for any unauthorized access or use of any of User Content or any corruption, deletion, or destruction of any of User Content.
You agree and acknowledge that (i) Inhabitr is not providing legal services to you, (ii) Inhabitr will not advise you regarding any legal matter and (iii) if you desire to have legal counsel advise you in connection with your use of the Services, you will seek independent legal counsel licensed to practice law in your jurisdiction and not rely on Inhabitr for any such counsel.
37. Limitation on Liability
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF INHABITR, ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MANAGERS, OFFICERS OR DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED $1,000. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, 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 WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, 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.
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 violation of these Terms or your use of the Platform, including, but not limited to, your User Content, any use of the Platform’s content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Platform.
39. 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.
40. 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.
41. Entire Agreement
42. Additional Charges related to Moving charged by the HOA, Landlord(s).
Any additional charges, related to moving and setting up furniture, that need to be paid to parties including, but not limited to, the building/owner/landlord of the property where the furniture is being moved to, the Home Owners’ Association of the building that the furniture is being moved to, etc. will be directly paid by the customer. If Inhabitr is required to make any such payments, then the charges will be directly passed on to the customer. Inhabitr is NOT liable to be the final bearer of these charges. This applies to both move-in and move-out charges, if any.
Any additional insurance requirements, beyond Inhabitr’s standard insurance, shall also be required to be covered by the customer.