BY REGISTERING WITH EVERYRENT.COM, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT
By accessing the Site or otherwise using the Services, You acknowledge that You have read and agree to be bound by this Agreement. If You do not agree with any of the terms of this Agreement, You do not have permission to access the Site or use the Services.
In addition, You may also be asked to enter into additional agreements before being permitted to access certain of the Services (“Additional Agreements”). The Additional Agreements are made a part of this Agreement and will govern Your use of the Services covered by the Additional Agreements. In the event of a conflict between the terms of this Agreement and Additional Agreements, the terms of the Additional Agreements shall govern.
EveryRent reserves the right, in its sole discretion, to modify this Agreement at any time by posting a modified version of this Agreement to the Site. You agree to be bound by the modified Agreement through Your continued access to the Site and/or use of the Services.
1) Registration. In order to access any Services, You will be asked to submit certain information about Yourself to EveryRent (“Registration Information”). You represent and warrant that all Registration Information You have provided is true, correct, accurate, and complete as of the date of its submission to EveryRent.
2) Premium Membership. Certain pages on the Site and certain Services are available to You without cost upon registration (“Free Membership”). To access the entire Site and all Services for the period of time set forth on the Site, You must purchase a Premium Membership for the fee posted. The fee must be paid at the time You purchase the Premium Membership. EveryRent reserves the right to change the fee for Premium Membership, at any time at its sole discretion, by posting the new fee on the Site.
3) Email Communication. You must provide EveryRent with Your electronic mail (“Email”) address when registering to access any Service. EveryRent may use Your Email address, when necessary, in order to communicate with You regarding the administration of the Site. Occasionally, You may receive newsletters and updates with information that we deem to be of interest to the members of EveryRent.com. If You do not want to receive newsletters and updates, You may opt out of those Services (i) during the registration process, or (ii) by clicking on the “unsubscribe” link on newsletters and updates or To opt out and unsubscribe from e-mail communications: click here.
4) Use of the Site and the Services – Permissions and Restrictions. You may access and use the Site and the Services only for lawful purposes and solely in accordance with the terms of this Agreement. EveryRent reserves the right to discontinue any aspect of the EveryRent Site or Services at any time and without notice. All rights not expressly granted to You under this Agreement are reserved by EveryRent and its licensors.
You will not:
– license, sublicense, rent, lease, loan, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Site or Services; or
– modify or make derivative works based upon the Site or Services; or
– reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or method of operation of the Site or Services, or authorize any third party to do any of the foregoing; or
– access or make use of the Services and Site by scripts or automated services; or
– impersonate any person or use a name that You are not authorized to use; or
– compromise violate or impair system or network security or operation.
Certain items of independent, third-party code may be included in the Site that are subject to open source licenses (“Open Source Software”). Such Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in this Agreement limits your rights under, or grants you rights that supersede the terms and conditions of any applicable license for such Open Source Software.
5) Injunctive Relief. You specifically recognize that any breach of Section 4 will cause irreparable injury to EveryRent and that actual damages may be difficult to ascertain, and in any event, may be inadequate. Accordingly (and without limiting the availability of legal or equitable, including injunctive, remedies under any other provisions of this Agreement), You agree that in the event of any such breach, EveryRent shall be entitled to injunctive relief in addition to such other legal and equitable remedies that may be available.
6) Ownership of Intellectual Property. EveryRent and its licensors own all rights, title and interest in and to the Site and Services, including, without limitation, any Results (defined below) and any Intellectual Property Rights therein and/or related thereto (“Intellectual Property”). “Intellectual Property Rights” means all worldwide patents, patent applications, copyrights, trade secrets, trademarks, common law trademarks, service marks, trade names and any other intellectual property, proprietary, and database protection rights and licenses, together with all registrations and pending applications to register any such rights, including the EveryRent name and logo . No right or license is granted to You herein to use any Intellectual Property owned by EveryRent.
7) Data Collection. EveryRent will have the right to utilize data capture, analysis tools, and other similar tools, to review, extract, compile, synthesize, and analyze queries entered by You as well as any non-personally identifiable data or information resulting from Your use of the Services (“Results”). To the extent that any Results are collected by EveryRent, such Results will be solely owned by EveryRent and may be used by EveryRent for any lawful business purpose without a duty of accounting to You, provided that the Results are used only in an aggregated form, without specifically identifying the source of the Results.
8) Representations and Warranties. You represent, warrant and covenant for the benefit of EveryRent that: (1) You have the legal right and authority to enter into this Agreement, and, if You are accepting this Agreement on behalf of a company or other business entity, that you are duly authorized to bind the company or business entity to the terms of this Agreement; (2) You have the legal right and authority to perform Your obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable Additional Agreement; (3) all information You provide to EveryRent in connection with this Agreement and Your access to the Site and use of the Services is true, correct, accurate, and complete as of the date of its submission to EveryRent; (4) You are at least thirteen (13) years of age
9) Indemnification. In addition to any injunctive relief, You agree to pay and indemnify, defend, and hold harmless EveryRent and each of its respective members, managers, employees, officers, directors, contractors, subcontractors, agents and affiliates (“Indemnified Parties”), from any and all actual damages, claims, demands, losses, actions or causes of action, regulatory or judicial proceedings or investigations, levies, fines, losses, penalties, liabilities, fees, expenses and costs (each a “Claim”, and collectively, “Claims”) including, without limitation, attorneys’, accountants’, investigators’ and experts’ fees, costs, and expenses sustained or incurred in connection with the defense or investigation of any such Claim, and any settlement amounts, which result against any Indemnified Party arising from: (a) Your accessing the Site or use of the Services, including any materials disseminated or transmitted by You and/or Your Registrants; (b) Your breach of any term of this Agreement; or (c) Your negligence or intentional misconduct hereunder. EveryRent will provide You with notice of any such claim or allegation, and EveryRent will have the right to participate in the defense of any such claim at its expense.
10) DISCLAIMER. THE PARTIES ACKNOWLEDGE THAT THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE SITE AND USE OF THE SERVICES, AND INTERRUPTIONS, CRASHES AND DOWNTIME MAY OCCUR FROM TIME TO TIME. EVERYRENT DOES NOT REPRESENT OR WARRANT THAT: (A) THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) THE SERVICES WILL MEET CUSTOMERS’ REQUIREMENTS OR EXPECTATIONS; OR (C) ANY RESULTS GENERATED BY USING THE SERVICES WILL BE ACCURATE, UP-TO-DATE, COMPLETE, OR RELIABLE. EVERYRENT EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NO ORAL OR WRITTEN INFORMATION GIVEN BY EVERYRENT WILL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. YOU AGREE THAT YOUR ACCESS TO THE SITE AND THE INFORMATION THEREON IS AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR THROUGH ACCESS TO THE SITE OR USE OF THE SERVICES.
YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY EVERYRENT IN CONNECTION WITH YOUR FREE MEMBERSHIP SHALL BE TO DISCONTINUE YOUR FREE MEMBERSHIP.
YOUR RECOVERY FOR ANY DAMAGES THAT OCCUR AS A RESULT OF YOUR USE OF SERVICES PROVIDED BY EVERYRENT IN CONNECTION WITH YOUR PREMIUM MEMBERSHIP SHALL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR YOUR PREMIUM MEMBERSHIP.
13) Linked Sites. The Site may contain links to third party sites that are not under the control of EveryRent, and EveryRent is not responsible for any content on any linked site. If You access a third party site from the Site, then You do so at Your own risk. EveryRent provides links only as a convenience and the inclusion of the link does not imply that EveryRent endorses or accepts any responsibility for the content on those third party sites. EveryRent welcomes links to the Site. You may establish a link to this Site, provided that the link does not state or imply any sponsorship or endorsement of Your site by EveryRent or any group or individual affiliated with EveryRent. You may not use on Your site any content or trademarks appearing on the Site in establishing the link. You may not frame or otherwise incorporate into another site the content or other materials on the Site without prior written consent.
14) Notices. All notices by You under this Agreement must be delivered in writing by courier, by electronic facsimile, or by certified or registered mail (postage prepaid and return receipt requested) to EveryRent’s at 1055 W Bryn Mawr Ave, Suite F253, Chicago, IL 60660. Such notice will be effective upon receipt or three business days after being deposited in the mail, whichever occurs sooner. EveryRent may deliver a notice to You by posting of a general notice on the Site, which will be effective 48 hours after posting to the Site or sending notice to the Email address you provided to EveryRent..
15) Term, Termination.
This Agreement shall be effective for as long as You use or access the Site or the Services. Sections 4, 5, 6, 7, 8, 9, 10, 11, 12 and 16 shall survive termination or expiration of this Agreement indefinitely.
EveryRent may terminate Your Free Membership without cause, at any time and without notice to You.
Premium Membership shall expire 60 days from the date You purchased Your Premium Membership, unless EveryRent modifies this duration by posting a different duration on the Site at the time You purchase Premium Membership.
EveryRent may terminate Your Premium Membership immediately if, (A) based on EveryRent’s sole judgment, it determines that You have materially breached this Agreement in any manner, including but not limited to (i) violating the Permissions and Restrictions set forth in Section 4 of this Agreement, or (ii) infringing or violating any intellectual property right of EveryRent; or (B) EveryRent substantially or entirely stops operating the Site or offering the Services.
The termination of Your Membership shall terminate Your access to any Services for which registration is required. Neither EveryRent nor any affiliate of EveryRent shall be liable to You or to any third party for termination of Your membership for any reason. If Your Premium Membership is terminated for the reasons set forth in this Section, You SHALL NOT receive any refund of any fee paid for Your Premium Membership.
16) General Provisions. This Agreement is the complete and exclusive statement of the Agreement between EveryRent and You regarding the Services and supersedes any other agreement or proposal, oral or written (including information on the Site), and any other communications between EveryRent and You. This Agreement will be governed by the laws of the State of Illinois without regard to conflicts of law principles. All disputes arising under this Agreement must be brought in the state circuit court of DuPage County, Illinois. Each party irrevocably hereby consents to the jurisdiction and venue of any such court in any such action or proceeding. There are no other third party beneficiaries under this Agreement. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach. If any provision of this Agreement is deemed unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. You may not assign, delegate or otherwise transfer this Agreement or any of Your rights or obligations under this Agreement without the prior written consent of EveryRent. Any such assignment, delegation or transfer in violation of the foregoing will be null and void.