Last Modified: February 28, 2023
Acceptance of the Terms
For the purpose of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf.
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 Platform thereafter. Your continued use of the Platform 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.
1. Who may use the Services.
You must be 18 years of age or older, reside in the United States or any of its territories and have not previously been suspended or removed from the Platform to use the Services. By using the Services, you represent and warrant that you meet these requirements.
Services: The Services permit you to view our inventory of furniture and accessories and the applicable prices associated with renting, delivering and installing and, if applicable, purchasing such items.
2. Accessing the Platform and Account Security.
2.1 To use certain Services, you may be asked to provide certain registration details or other information to create an account (“Account”). You agree to provide us with accurate, current, complete and updated information for your Account. You can access, edit and update your Account by activating your Account on the Accounts page on https://inhabitr.com/. You can use the Accounts page to update payment method, Account password, or contact Inhabitr. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us firstname.lastname@example.org if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account.
2.3 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.
2.4 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.
2.5 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 that in order to rent or lease furniture and accessories (“Furniture Package”) from us, a rental or lease agreement may be required to be accepted by you, the customer or lessee for the desired term (“Rental Term”) as specified in such agreement (the “Lease Agreement”) at a given location (“Property”). At the time of placing order on the Platform, you will be required to accept the terms of the Lease Agreement. You must carefully review, understand and agree to the terms and conditions of your Lease Agreement prior to confirming your order. Your Lease Agreement may be provided to you in electronic format and we may or may not request your signature indicating your acceptance to the terms and conditions of your Lease Agreement. Acceptance of the terms and placing the order is an act of acceptance of the terms of the Lease Agreement. In addition, you may be subject to a background check for verification of credit and/or ability to maintain consistent payments for our service each month. If you wish to purchase the Furniture Package, you shall be required to enter into a purchase agreement. In addition to these Terms, you shall be bound by the terms of the Lease Agreement and purchase agreement, as applicable, and you agree to abide by the terms and conditions of these agreements.
4.1 The Platform allows Inhabitr to collect payments for rent, late fees, security deposits, delivery, installation or any other fees as mentioned in the Lease Agreement from you through an ACH and/or credit card payment feature (the "Rental Fee"). Should you wish to pay by way of credit card or other means, you agree to pay a 3% processing fee for credit/debit card payments. You will be required to make online payments via ACH or other payment methods on a recurring basis (for rentals) or on a one-time basis, as may be applicable. To enable this feature of the Services, you will be required to enter bank information and authorize Inhabitr to debit (either once or on a recurring basis) the Rental Fee. You agree that (a) we may store your payment method (e.g. credit card), and (b) we may calculate taxes payable by you based on the delivery address that you provide us at the time of checkout, and you authorize us to charge your payment method for all applicable fees, including but not limited to amounts to the Rental Fee or purchase cost for any items or services (Furniture Package, staging fee, delivery and installation fees, cancellation/restocking fees, rescheduling fees, other fees) as described in your Lease Agreement and applicable taxes.
4.2 Authorized Payments are final: You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. 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.
4.4 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.
4.5 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 your responsibility.
4.6 Right to seek reimbursement: You agree and acknowledge that Inhabitr reserves the right to seek reimbursement from you, and you shall reimburse Inhabitr, if Inhabitr discovers a fraudulent transaction, erroneous or duplicate transaction, or if Inhabitr receives a chargeback or reversal from your 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. You also agree that Inhabitr has the right to obtain such reimbursement by charging your account, deducting amounts from future transfers, charging your credit card or any bank account associated with your account, or obtaining reimbursement from you by any other lawful means, including using a third-party collection agency. Failure to pay for reimbursements of a chargeback or a reversal of payment is cause for termination of your account.
4.7 Failure of payments: In the event the payments from the account as per the payment method on file fails due to lack of funds and in the absence of any alternate payment by you, in addition to the remedies of Inhabitr as per the Lease Agreement, you hereby explicitly authorize Inhabitr to pick up the Furniture Package from the Property and to take appropriate legal action as per the Lease Agreement.
5. Additional Charges related to Moving
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 will be directly paid by you. If Inhabitr is required to make any such payments, then the charges will be directly passed on to you. 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 you.
If you fail to pay the Rental Fee, or default in any performance of any terms required under the Terms or Lease Agreement or a purchase agreement, Inhabitr shall exercise applicable remedies, whether in law or equity, including using a third-party collection agency and other default charges set forth in Lease Agreement.
7. Delivery and Pick-up
7.1 You agree to abide by the terms and conditions of the Lease Agreement in relation to the delivery, rescheduling or cancellation and pick-up of the Furniture Package. You, or an adult (at least 18 years of age) on your behalf, must be present to sign for and acknowledge the delivery of any Furniture Package and the condition of such Furniture Package once they are assembled (if applicable) and placed in your residence. This signature will confirm that you have received your Furniture Package from Inhabitr and have inspected and acknowledged the condition of such Furniture Package upon delivery and assembly (if applicable). Inhabitr will have no liability for any damages resulting from any delay in delivery of the Furniture Package or as a result of or in connection with the delivery of such Furniture Package.
7.2 You agree and acknowledge that if you reschedule or cancel the scheduled delivery date with less than five (5) business days' notice, rescheduling fee shall be applied as set forth in an agreement or the terms on the Platform. Inhabitr shall levy a trip fee as set forth in an agreement if the Property is not found to be fit for delivery and installation on account of sanitation, cleanliness, unfinished works, or any other such circumstances. If a notice of less than five (5) business days’ is given to cancel a scheduled delivery or the items are not accepted on the date of delivery, Inhabitr shall retain $250 and balance shall be returned to you. The charges for any item of the Furniture Package that was specifically requested by you and procured by Inhabitr at your request shall be deducted by Inhabitr regardless of the notice provided by you.
8. Promotional Codes
We may offer certain promotional codes, referral codes, discount codes, coupon codes or similar offers (“Promotional Codes”) that may be redeemed for discounts on Furniture Package, subject to any terms and conditions that Inhabitr establishes. Promotional Codes that are percentage-based discounts will only apply to the specific Furniture Package rented or purchased at checkout, and will not apply to any future exchanges or additions of Furniture Package to your Account. Promotional Codes that are fixed-amount discounts may only be used in one transaction and any unused amounts associated with a Promotional Code will automatically expire. Promotional Codes, of any kind, do not apply towards Agreements with initial lease terms of three (3) months, membership fees, delivery or assembly fees, or taxes. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by Inhabitr; (d) may be disabled or have additional conditions applied to them by Inhabitr at any time for any reason without liability to Inhabitr; (e) may only be used pursuant to the specific terms that Inhabitr establishes for such Promotional Code; (f) are not valid for cash or other credits or points; (g) may not be combined; (h) are limited to one use per customer and (h) may expire prior to your use.
9. Changes and Pricing
We reserve the right to change our Furniture Package rental plans or adjust pricing for Furniture Package and the Services in any manner and at any time as we may determine in our sole and absolute discretion. Inhabitr may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any Furniture Package. While we attempt to be as accurate as we can in our descriptions for the Furniture Package, we do not warrant that descriptions of Furniture Package are accurate, complete, reliable, current, or error-free. The inclusion of any Furniture Package for rental through the Services at a particular time does not imply or warrant that such Furniture Package will be available at any other time. We reserve the right to discontinue, modify or limit the available quantity of, any Furniture Package or other Services. We reserve the right to change prices for Furniture Package displayed on the Services at any time, and to correct pricing errors that may inadvertently occur (and to cancel any orders in our sole discretion that were purchased with pricing errors). All such changes shall be effective immediately upon posting of such new Furniture Package prices to the Services and/or upon making the customer aware of the pricing error.
10. Intellectual Property Rights
The Platform 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. You may not use any of the content for any purposes without our prior written consent. Inhabitr name and all related names, logos, product and service names, designs, and slogans are trademarks of Inhabitr or its affiliates or licensors. You cannot 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.
11. Copyright Infringement
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:
Suite # 117 691 S Milpitas Blvd Milpitas CA 95035-5476
12. Reservation of Rights
The information provided by us in connection with the Platform (the "Content") is the property of Inhabitr 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 use the Platform and the services provided thereon. 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. And while we take commercially reasonable steps to verify the validity of such data, we make no representation or warranty with respect to the accuracy, currency or completeness of such third party data.
We reserve the right to terminate your access to and use of the Platform if, in our reasonable belief, you have violated the usage limitations set forth in these Terms.
14. Force Majeure
Our failure to maintain the Platform and/or provide the content and/ or to postpone the delivery and installation due to mechanical or operational issues as a result of conditions beyond our control such as, but not limited to, war, strikes, fires, floods, acts of God, explosion, vandalism, illness, rain, snow, adverse weather conditions, storm, stock unavailability, pandemic, governmental restrictions, power failures, natural disasters, acts of terrorism or damage or destruction of any network facilities or servers, orders or acts of military or civil authority, or by national emergencies, insurrections, civil unrest, riots, shall not be deemed a breach of these Terms or the Agreement. If any of these circumstances arise during a scheduled delivery, Inhabitr will notify you at the earliest and reschedule the delivery and installation on the next possible date.
You shall not use or introduce into the Platform any device, software or routine that could damage or interfere with the proper operation of the Platform. You shall not directly or indirectly take any action to unduly stress the Platform, including by way of example and not limitation, incurring session lengths or conducting search queries that we reasonably determine to be abusive. We reserve the right to monitor your use of the Platform to provide guidance and assistance in the use of the Platform and to monitor your conformance with these Terms. You acknowledge and hereby consent to such monitoring.
16. Linking to the Platform and Social Media Features
16.1 This Platform 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.
16.2 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 Platform or portions of it to be displayed on, or appear to be displayed by, any other website, 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.
16.3 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 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 at our discretion.
16.4 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 INHABITR 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.
16.5 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 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.
17. Prohibited Uses
17.1 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.
17.2 Additionally, you agree not to:
- Use the Platform in any manner that could disable, overburden, damage, or impair the website 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.
18. 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.
19. Disclaimer of Warranties
19.1 Inhabitr does not directly manufacture, deliver, assemble, or pick up any items constituting the Furniture Package. These Terms and Agreement exist solely for administrative purposes; all furniture and accessories are manufactured, owned and delivered by third-party providers, and subject to their rights, privileges, and liabilities. Inhabitr will deliver the Furniture Package on an as-is basis. Inhabitr is not the manufacturer of any component of the Furniture Package, and therefore is unable to warrant their condition, safety, or fitness for a particular purpose. ACCORDINGLY, INHABITR EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Inhabitr further disclaims any liability for loss, damage, or injury to you or any third- parties as a result of any manufacturing defects, latent or otherwise, in the Furniture Package, whether arising from Inhabitr's negligence or application of the laws of strict liability.
19.2 Inhabitr shall have no liability whatsoever with respect to any damage to the property or premises. Inhabitr coordinates delivery of furniture and accessories through third-party service providers, and will make reasonable efforts to connect you with such providers in the event of any damage; however, Inhabitr does not make any representation or warranty as to the delivery services, and all recourse shall be either against (i) the third-party service providers, or (ii) your personal insurers.
19.3 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 website 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 PLATFORM OR THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE PLATFORM OR WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR 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 INHABITR NOR ANY PERSON ASSOCIATED WITH INHABITR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM OR WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER INHABITR NOR ANYONE ASSOCIATED WITH INHABITR REPRESENTS OR WARRANTS THAT THE PLATFORM OR WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR 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 PLATFORM OR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
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 PLATFORM AND THE CONTENT. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE PLATFORM 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 PLATFORM.
TO THE FULLEST EXTENT PROVIDED BY LAW, INHABITR 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:
19.4 Inhabitr has no control over, and no duty to take any action regarding which you access the Services, what content you access via the Services, what effect 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 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.
19.5 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.
19.6 Inhabitr is not responsible for others’ misuse of your content or any other content submitted by you. Your 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 your content. Inhabitr shall have no liability to you for any unauthorized access or use of any of your content or any corruption, deletion, or destruction of any of your content.
19.7 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.
20. Restrictions, Indemnification
You warrant that you will not use the Platform to conduct or engage in unlawful activities; to violate any law or regulation; or to violate or infringe upon our rights or the rights of any third party, including without limitation, contractual rights, intellectual property rights, and privacy rights. Except as limited herein, You shall indemnify and hold harmless Inhabitr, along with each of its affiliates contractors, members, and agents from and against any and all claims, liabilities, losses, damages or costs of settlement (including reasonable attorneys’ fees, expert witness fees and expenses), resulting from or arising out of or relating to your violation of these Terms or your use of the Platform including, but not limited to, your content, any use of the Platform’s Content, Services, and Furniture Package other than as expressly authorized in these Terms or your use of any information obtained from the Platform and such breach of its obligations under the Agreement or unlawful or negligent act in the performance of its obligations under Agreement. 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.
21. Limitation of Liability
EXCEPT IN CONNECTION WITH A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER PARTY WILL BE LIABLE UNDER OR IN CONNECTION WITH THIS PLATFORM, TERMS OR AGREEMENT FOR INCIDENTAL, CONSEQUENTIAL, LIQUIDATED, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSSES OF BUSINESS, REVENUE, OR ANTICIPATED PROFITS, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING STATED ELSEWHERE IN THIS PLATFORM, TERMS OR AGREEMENT, IN ANY EVENT, THE TOTAL LIABILITY OF INHABITR SHALL NOT EXCEED THE STAGING AND RENTAL FEES PAID BY YOU AS PER AN AGREEMENT, EXCLUDING TAXES, DURING THE TERM DEFINED THEREIN.
22. 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 Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction). If any legal proceeding is instituted in connection to or relating to the Platform, or these Terms, Delaware shall govern and the prevailing party shall be entitled to recover from the other party its reasonable attorneys’ fees and costs, at both trial and appellate levels. 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 Delaware, 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.
23. Your Comments and Concerns
This Platform or website is operated by Inhabitr Inc., Suite # 117 691 S Milpitas Blvd Milpitas CA 95035-5476. All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: email@example.com
24. 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.
25. Entire Agreement
26. Electronic Communications
Last Modified: February 28, 2023