TERMS AND CONDITIONS
Last
updated
September 25, 2024
AGREEMENT TO OUR
LEGAL TERMS
We are
Everts Enterprises LLC
, with a pending trademark for
Shorebird
("Company,"
"we," "us,"
"our")
, a company registered in
California
.
We operate
the website
rentshorebird.com
(the "Site"
)
, as well as any other related products and
services that refer or link to these legal terms (the "Legal
Terms")
(collectively, the "Services").
We provide a platform for finding rental listings.
You can contact us by email at support at
rentshorebird.com
.
These Legal Terms constitute a legally
binding agreement made between you, whether personally or on behalf of an entity
("you"), and
Everts Enterprises LLC, concerning your access to and use of the
Services. You agree that by accessing the Services, you have read, understood,
and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL
OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES
AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or
documents that may be posted on the Services from time to time are hereby
expressly incorporated herein by reference. We reserve the right, in our sole
discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any
changes by updating the "Last updated" date of these Legal Terms, and
you waive any right to receive specific notice of each such change. It is your
responsibility to periodically review these Legal Terms to stay informed of
updates. You will be subject to, and will be deemed to have been made aware of
and to have accepted, the changes in any revised Legal Terms by your continued
use of the Services after the date such revised Legal Terms are posted.
The
Services are intended for users who are at least 18
years old. Persons under the age
of 18 are not permitted to use or register for the
Services.
We recommend that
you print a copy of these Legal Terms for your records.
TABLE OF
CONTENTS
1. OUR SERVICES
The information provided when using the Services is not
intended for distribution to or use by any person or entity in any jurisdiction
or country where such distribution or use would be contrary to law or regulation
or which would subject us to any registration requirement within such
jurisdiction or country. Accordingly, those persons who choose to access the
Services from other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent local laws are
applicable.
EVERTS ENTERPRISES LLC is not a real estate firm, real
estate brokerage, rental brokerage, nor do we participate in any leasing or
landlord / tenant transactions. The services are not intended to provide you
with any financial, real estate, or related advice of any kind. EVERTS
ENTERPRISES LLC assumes no responsibility for any result or consequence related
directly or indirectly to any action or inaction that you or any consumer takes
based on the Services or any other information available through or in
connection with the Services.
The Services are not tailored to comply with
industry-specific regulations (Health Insurance Portability and Accountability
Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if
your interactions would be subjected to such laws, you may not use the Services.
You may not use the Services in a way that would violate the Gramm-Leach-Bliley
Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our
intellectual property
We are the owner or the licensee of all
intellectual property rights in our Services, including all source code,
databases, functionality, software, website designs, audio, video, text,
photographs, and graphics in the Services (collectively, the
"Content", as well as the trademarks,
service marks, and logos contained therein ("Marks").
Our Content and Marks are protected by
copyright and trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in
the United
States and around the world.
The Content and Marks are provided in or
through the Services "AS IS" for your
personal, non-commercial use or internal
business purpose only.
Your use
of our Services
Subject to your compliance with these Legal Terms,
including the "PROHIBITED
ACTIVITIES
"
section below, we grant you a non-exclusive, non-transferable, revocable
license to:
- access the Services; and
- download or print a copy of any portion of the
Content to which you have properly gained access.
solely for your personal, non-commercial use or internal
business purpose.
Except as set out in this section or
elsewhere in our Legal Terms, no part of the Services and no Content or Marks
may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the
Services, Content, or Marks other than as set out in this section or elsewhere
in our Legal Terms, please address your request to:
support
at rentshorebird.com. If we ever grant you the permission to post,
reproduce, or publicly display any part of our Services or Content, you must
identify us as the owners or licensors of the Services, Content, or Marks and
ensure that any copyright or proprietary notice appears or is visible on
posting, reproducing, or displaying our Content.
We reserve all rights not expressly
granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property
Rights will constitute a material breach of our Legal Terms and your right to
use our Services will terminate immediately.
Your submissions
Please review this section and the "PROHIBITED
ACTIVITIES
"
section carefully prior to using our Services to understand the (a)
rights you give us and (b) obligations you have when you post or upload any
content through the Services.
Submissions: By directly sending us
any question, comment, suggestion, idea, feedback, or other information about
the Services ("Submissions"), you agree to assign to us
all intellectual property rights in such Submission. You agree that we shall own
this Submission and be entitled to its unrestricted use and dissemination for
any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you.
You are responsible for what you post or
upload: By sending us Submissions
through any part of the Services
you:
- confirm that you have read and agree with our
"
PROHIBITED
ACTIVITIES
" and will not post,
send, publish, upload, or transmit through the Services any Submission
that is illegal, harassing, hateful,
harmful, defamatory, obscene, bullying, abusive, discriminatory,
threatening to any person or group, sexually explicit, false,
inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law,
waive any and all moral rights to any such Submission;
- warrant that any such Submission are original to you or that you
have the necessary rights and
licenses to submit such
Submissions and that you have full
authority to grant us the above-mentioned rights in relation to your
Submissions; and
- warrant and represent that your Submissions do not constitute confidential
information.
You are solely
responsible for your Submissions and you expressly
agree to reimburse us for any and all losses that we may suffer because of your breach
of (a) this section, (b) any third party's intellectual property rights, or (c)
applicable law.
By using the Services, you represent and
warrant that:
(1) all
registration information you submit
will be true, accurate, current, and complete;
(2) you
will maintain the accuracy of such information and
promptly update such registration information as
necessary;
(3) you have the legal capacity
and you agree to comply with these Legal Terms;
(4) you are not a
minor in the jurisdiction in which you reside
; (5) you will not access
the Services through automated or non-human means, whether through a
bot, script or
otherwise; (6) you will not use the
Services for any illegal or
unauthorized purpose; and
(7) your use of the
Services will not violate any applicable law or regulation.
If
you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future
use of the Services (or any portion thereof).
You
may be required to register to use the Services.
You agree to keep your password confidential and
will be responsible for all use of your account
and password. We reserve the right to revoke
accounts where password sharing has occured.
User accounts are meant for the use of one (1)
user. We reserve the right to remove,
reclaim, or change a username you select if we
determine, in our sole discretion, that such
username is inappropriate, obscene, or otherwise
objectionable.
We accept the following forms of
payment:
- Visa
- Mastercard
- American Express
- Discover
- PayPal
You agree to provide current, complete,
and accurate purchase and account information for all purchases made via the
Services. You further agree to promptly update account and payment information,
including email address, payment method, and payment card expiration date, so
that we can complete your transactions and contact you as needed. Sales tax will
be added to the price of purchases as deemed required by us. We may change
prices at any time. All payments shall be in
US dollars.
You agree to pay all charges at the prices
then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen
payment provider for any such amounts upon placing your order. We reserve the
right to correct any errors or mistakes in pricing, even if we have already
requested or received payment.
We reserve the right to refuse any order
placed through the Services. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household, or per order. These restrictions
may include orders placed by or under the same customer account, the same
payment method, and/or orders that use the same billing or shipping address. We
reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by
dealers, resellers, or distributors.
6.
SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and
automatically renew unless canceled. You consent to our charging
your payment method on a recurring basis without requiring your prior approval
for each recurring charge, until such time as you cancel the applicable order.
The length of your billing cycle is monthly
.
Free Trial
We offer a 7-day free trial
to new users who register with the Services.
The account will be charged and the subscription will
be upgraded to a paid version at the end of the
free trial.
Cancellation and Refunds
You can cancel your subscription at any time by
contacting us using the contact information provided below.
Your cancellation will take effect at the end of the current paid term. If you
have any questions or are unsatisfied with our Services, please email us at support at rentshorebird.com. Shorebird wants happy
customers. If you, within 7 days of billing for a monthly subscription, are not happy
with the service, we will
grant you a full refund for that month if you email the request to support at
rentshorebird.com
Fee Changes
We may, from time to
time, make changes to the subscription fee and will communicate any price
changes to you in accordance with applicable law.
You
may not access or use the Services for any purpose other than that for
which we make the Services available. The Services may not be used in
connection with any commercial
endeavors except those
that are specifically endorsed or approved by us.
As
a user of the Services, you agree not to:
- Systematically
retrieve data or other content from the
Services to create or compile, directly
or indirectly, a collection,
compilation, database, or directory
without written permission from
us.
- Trick,
defraud, or
mislead us and
other users,
especially in
any attempt to
learn sensitive
account
information such
as user
passwords.
- Circumvent,
disable, or
otherwise
interfere with
security-related
features of the
Services,
including
features that
prevent or
restrict the use
or copying of
any Content or
enforce
limitations on
the use of the
Services and/or
the Content
contained
therein.
- Disparage,
tarnish, or
otherwise harm,
in our opinion,
us and/or the
Services.
- Use
any information
obtained from
the Services in
order to harass,
abuse, or harm
another
person.
- Make
improper use of
our support
services or
submit false
reports of abuse
or
misconduct.
- Use
the Services in
a manner
inconsistent
with any
applicable laws
or
regulations.
- Engage
in
unauthorized
framing
of or linking to
the
Services.
- Upload
or transmit (or
attempt to
upload or to
transmit)
viruses, Trojan
horses, or other
material,
including
excessive use of
capital letters
and spamming
(continuous
posting of
repetitive
text), that
interferes with
any party's
uninterrupted
use and
enjoyment of the
Services or
modifies,
impairs,
disrupts,
alters, or
interferes with
the use,
features,
functions,
operation, or
maintenance of
the
Services.
- Engage
in any automated
use of the
system, such as
using scripts to
send comments or
messages, or
using any data
mining, robots,
or similar data
gathering and
extraction
tools.
- Delete
the copyright or
other
proprietary
rights notice
from any
Content.
- Attempt
to impersonate
another user or
person or use
the username of
another
user.
- Upload
or transmit (or
attempt to
upload or to
transmit) any
material that
acts as a
passive or
active
information
collection or
transmission
mechanism,
including
without
limitation,
clear graphics
interchange
formats
("gifs"), 1×1
pixels, web
bugs, cookies,
or other similar
devices
(sometimes
referred to as
"spyware"
or "passive
collection
mechanisms" or
"pcms").
- Interfere
with, disrupt,
or create an
undue burden on
the Services or
the networks or
services
connected to the
Services.
- Harass,
annoy,
intimidate, or
threaten any of
our employees or
agents engaged
in providing any
portion of the
Services to
you.
- Attempt
to bypass any
measures of the
Services
designed to
prevent or
restrict access
to the Services,
or any portion
of the
Services.
- Copy
or adapt the
Services'
software,
including but
not limited to
Flash, PHP,
HTML,
JavaScript, or
other
code.
- Except
as permitted by
applicable law,
decipher,
decompile,
disassemble, or
reverse engineer
any of the
software
comprising or in
any way making
up a part of the
Services.
- Except
as may be the
result of
standard search
engine or
Internet browser
usage, use,
launch, develop,
or distribute
any automated
system,
including
without
limitation, any
spider, robot,
cheat utility,
scraper, or
offline reader
that accesses
the Services, or
use or launch
any
unauthorized
script or
other
software.
- Use
a buying agent
or purchasing
agent to make
purchases on the
Services.
- Make
any
unauthorized
use of
the Services,
including
collecting
usernames and/or
email addresses
of users by
electronic or
other means for
the purpose of
sending
unsolicited
email, or
creating user
accounts by
automated means
or under false
pretenses
.
- Use
the Services as
part of any
effort to
compete with us
or otherwise use
the Services
and/or the
Content for any
revenue-generating
endeavor
or
commercial
enterprise.
-
Sell or otherwise transfer
your profile.
-
Use the Services to
advertise or offer to sell goods and
services.
8. USER
GENERATED
CONTRIBUTIONS
The
Services
does not
offer
users to
submit
or post
content.
We may
provide
you with
the
opportunity
to
create,
submit,
post,
display,
transmit,
perform,
publish,
distribute,
or
broadcast
content
and
materials
to us or
on the
Services,
including
but not
limited
to text,
writings,
video,
audio,
photographs,
graphics,
comments,
suggestions,
or
personal
information
or other
material
(collectively,
"Contributions"
).
Contributions
may be
viewable
by other
users of
the
Services
and
through
third-party
websites.
When you
create
or make
available
any
Contributions,
you
thereby
represent
and
warrant
that:
- The
creation, distribution, transmission,
public display, or performance, and the
accessing, downloading, or copying of
your Contributions do not and will not
infringe the proprietary rights,
including but not limited to the
copyright, patent, trademark, trade
secret, or moral rights of any third
party.
- You are
the creator and owner of or have the
necessary
licenses
, rights, consents, releases, and
permissions to use and to
authorize
us, the Services, and other users
of the Services to use your
Contributions in any manner contemplated
by the Services and these Legal
Terms.
- You have
the written consent, release, and/or
permission of each and every
identifiable individual person in your
Contributions to use the name or
likeness of each and every such
identifiable individual person to enable
inclusion and use of your Contributions
in any manner contemplated by the
Services and these Legal
Terms.
- Your
Contributions are not false, inaccurate,
or misleading.
- Your
Contributions are not unsolicited or
unauthorized
advertising, promotional
materials, pyramid schemes, chain
letters, spam, mass mailings, or other
forms of
solicitation.
- Your
Contributions are not obscene, lewd,
lascivious, filthy, violent, harassing,
libelous
, slanderous, or otherwise
objectionable (as determined by
us).
- Your
Contributions do not ridicule, mock,
disparage, intimidate, or abuse
anyone.
- Your
Contributions are not used to harass or
threaten (in the legal sense of those
terms) any other person and to promote
violence against a specific person or
class of people.
- Your
Contributions do not violate any
applicable law, regulation, or
rule.
- Your
Contributions do not violate the privacy
or publicity rights of any third
party.
- Your
Contributions do not violate any
applicable law concerning child
pornography, or otherwise intended to
protect the health or well-being of
minors.
- Your
Contributions do not include any
offensive comments that are connected to
race, national origin, gender, sexual
preference, or physical
handicap.
- Your
Contributions do not otherwise violate,
or link to material that violates, any
provision of these Legal Terms, or any
applicable law or
regulation.
Any
use of the Services in violation of the
foregoing violates these Legal Terms and may
result in, among other things, termination or
suspension of your rights to use the
Services.
You
and Services agree that we may access, store, process, and use any
information and personal data that you provide and your choices (including
settings).
By
submitting suggestions or other feedback regarding the Services, you agree that
we can use and share such feedback for any purpose without compensation to you.
We do
not assert any ownership over your Contributions. You retain full ownership of
all of your Contributions and any intellectual property rights or other
proprietary rights associated with your Contributions. We are not liable for any
statements or representations in your Contributions provided by you in any area
on the Services. You are solely responsible for your Contributions to the
Services and you expressly agree to exonerate us from any and all responsibility
and to refrain from any legal action against us regarding your Contributions.
10. THIRD-PARTY
WEBSITES AND CONTENT
The Services
may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs,
text, graphics, pictures, designs, music, sound, video, information, applications,
software, and other content or items belonging to or originating from third parties (
"Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated,
monitored, or checked for accuracy, appropriateness, or completeness by us, and we are
not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available
through, or installed from the Services, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking
to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval
or endorsement thereof by us. If you decide to leave the Services and access the
Third-Party Websites or to use or
install
any Third-Party Content, you do so at
your
own risk, and you should be aware these Legal Terms no longer govern. You should
review
the applicable terms and policies, including privacy and data gathering
practices, of
any website to which you navigate from the Services or relating to any
applications you
use or install from the Services. Any purchases you make through Third-Party Websites will be
through other
websites and from other companies, and we take no responsibility whatsoever in
relation
to such purchases which are exclusively between you and the applicable third
party. You
agree and acknowledge that we do not endorse the products or services offered on
Third-Party Websites and you shall
hold us
blameless from any harm caused by your purchase of such products or services.
Additionally, you shall hold us blameless from any losses sustained by you or
harm
caused to you relating to or resulting in any way from any Third-Party Content or any contact
with
Third-Party Websites.
11. SERVICES
MANAGEMENT
We reserve the right, but
not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take
appropriate legal action against anyone who, in our sole discretion, violates the law or these
Legal Terms, including without limitation, reporting such user to law enforcement authorities;
(3) in our sole discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of your Contributions
or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability,
to remove from the Services or otherwise disable all files and content that are excessive in
size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a
manner designed to protect our rights and property and to facilitate the proper functioning of
the Services.
12. PRIVACY
POLICY
We care about
data privacy and security. By using the Services, you agree to be bound by our Privacy
Policy posted on the Services, which is incorporated into these Legal Terms. Please be
advised the Services are hosted in
the United States
. If you access the Services from any other region of
the world with laws or other requirements governing personal data collection, use, or
disclosure that differ from applicable laws in
the United States
, then through your continued use of the Services,
you are transferring your data to
the United States
, and you expressly consent to have your data
transferred to and processed in
the United States
.
13. TERM
AND TERMINATION
These Legal
Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING
ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO
REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR
SOLE DISCRETION.
If we terminate
or suspend your account for any reason, you are prohibited from registering and creating
a new account under your name, a fake or borrowed name, or the name of any third party,
even if you may be acting on behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take appropriate legal action,
including without limitation pursuing civil, criminal, and injunctive redress.
14. MODIFICATIONS
AND INTERRUPTIONS
We reserve the
right to change, modify, or remove the contents of the Services at any time or for any
reason at our sole discretion without notice. However, we have no obligation to update
any information on our Services. We will not be
liable to you or any third party for any modification, price change, suspension, or
discontinuance of the Services.
We cannot
guarantee the Services will be available at all times. We may experience hardware,
software, or other problems or need to perform maintenance related to the Services,
resulting in interruptions, delays, or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify the Services at any time or for any
reason without notice to you. You agree that we have no liability whatsoever for any
loss, damage, or inconvenience caused by your inability to access or use the Services
during any downtime or discontinuance of the Services. Nothing in these Legal Terms will
be construed to obligate us to maintain and support the Services or to supply any
corrections, updates, or releases in connection therewith.
15. GOVERNING
LAW
These Legal
Terms and your use of the Services are governed by and construed in accordance with the
laws of
the State of California
applicable to agreements made and to be entirely performed within
the State of California
, without
regard to its conflict of law principles.
16. DISPUTE
RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Legal Terms (each a
"Dispute" and collectively, the "Disputes"
) brought by either you or us (individually, a
"Party" and collectively, the "Parties"),
the Parties agree to first attempt to negotiate any Dispute (except those Disputes
expressly provided below) informally for at least one hundred
eighty (180) days before initiating arbitration. Such informal
negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal
negotiations, the Dispute (except those Disputes expressly excluded below) will be
finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT
THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted
under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"
) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related
Disputes ("AAA Consumer Rules"), both of which are available at the
American Arbitration
Association (AAA) website. Your arbitration fees and your
share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where
appropriate, limited by the AAA Consumer Rules. The
arbitration may be conducted in person, through the submission of documents, by phone,
or online. The arbitrator will make a decision in writing, but need not provide a
statement of reasons unless requested by either Party. The arbitrator must follow
applicable law, and any award may be challenged if the arbitrator fails to do so. Except
where otherwise required by the applicable AAA rules or applicable law, the arbitration will take
place in
United States,
California
. Except as otherwise provided herein, the
Parties may litigate in court to compel arbitration, stay proceedings pending
arbitration, or to confirm, modify, vacate, or enter
judgment on the award entered by the
arbitrator.
If for any reason, a Dispute proceeds in court rather than
arbitration, the Dispute shall be commenced or prosecuted in the
state and federal courts
located in
San Diego,
California
, and the Parties hereby consent to, and waive all defenses
of lack of personal jurisdiction, and forum non conveniens with respect to venue
and jurisdiction in such state and federal courts. Application of the United Nations
Convention on Contracts for the International Sale of Goods and the Uniform Computer
Information Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party
related in any way to the Services be commenced more than one (1)
years after the cause of action arose.
If this provision is found to be illegal or unenforceable, then neither Party will
elect to arbitrate any Dispute falling within that portion of this provision found to be
illegal or unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties agree to
submit to the personal jurisdiction of that court.
Restrictions
The
Parties agree that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be joined with any
other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action procedures; and (c) there is no
right or authority for any Dispute to be brought in a purported representative capacity on
behalf of the general public or any other persons.
Exceptions to Informal Negotiations and
Arbitration
The Parties agree that the following Disputes are not subject
to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes
seeking to enforce or protect, or concerning the validity of, any of the intellectual property
rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy,
invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
If this provision is found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
17. CORRECTIONS
There
may be information on the Services that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and various other information. We
reserve the right to correct any errors, inaccuracies, or omissions and to change or update the
information on the Services at any time, without prior notice.
18.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND
AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE
APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4)
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES
BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE
OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR
SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.
19. LIMITATIONS
OF LIABILITY
IN NO
EVENT WILL WE OR OUR DIRECTORS, PRINCIPALS, MANAGERS, MEMMBERS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA,
OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION,
WILL AT ALL TIMES BE LIMITED TO
THE
AMOUNT PAID, IF ANY, BY YOU TO
US
DURING
THE
six
(6)
mONTH
PERIOD
PRIOR
TO
ANY
CAUSE
OF
ACTION
ARISING
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
20. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys' fees and expenses, made by any third party due to or
arising out of:
(1) use of the Services; (2) breach of these Legal Terms;
(3) any breach of your
representations and warranties set forth in these Legal Terms; (4) your violation of the rights of
a third party, including but not limited to intellectual property rights; or
(5) any overt harmful act toward any
other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume
the exclusive defense and control of any matter for
which you are required to indemnify us, and you agree to cooperate, at your
expense, with our defense of such claims. We will use
reasonable efforts to notify you of any such claim, action, or proceeding which
is subject to this indemnification upon becoming aware of it.
21. USER
DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services.
Although we perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
22. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails,
and completing online forms constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements, notices, disclosures, and
other communications we provide to you electronically, via email and on the Services,
satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO
THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO
ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR
COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under
any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which
require an original signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than electronic means.
23. CALIFORNIA
USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
24. MISCELLANEOUS
These Legal Terms and any policies or
operating rules posted by us on the Services or in respect to the Services constitute
the entire agreement and understanding between you and us. Our failure to exercise or
enforce any right or provision of these Legal Terms shall not operate as a waiver of
such right or provision. These Legal Terms operate to the fullest extent permissible by
law. We may assign any or all of our rights and obligations to others at any time. We
shall not be responsible or liable for any loss, damage, delay, or failure to act caused
by any cause beyond our reasonable control. If any provision or part of a provision of
these Legal Terms is determined to be unlawful, void, or unenforceable, that provision
or part of the provision is deemed severable from these Legal Terms and does not affect
the validity and enforceability of any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created between you and us as a result of
these Legal Terms or use of the Services. You agree that these Legal Terms will not be
construed against us by virtue of having drafted them. You hereby waive any and all defenses
you may have based on the electronic form of these Legal Terms and the lack of
signing by the parties hereto to execute these Legal Terms.
25.CONTACT
US
In order to resolve a complaint regarding
the Services or to receive further information regarding use of the Services, please
contact us at:
Everts Enterprises LLC
support at rentshorebird.com