PLEASE READ THIS ENTIRE DOCUMENT ("Agreement"). BY ACCESSING OR USING THE Intellirent WEB SITE (WWW.myintellirent.COM AND VARIANTS THEREOF), MOBILE APPLICATION, AND/OR Intellirent SERVICES INCLUDING BUT NOT LIMITED TO ITS Intellirent PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL OTHER POLICIES AND AGREEMENTS INCORPORATED BY REFERENCE. YOU FURTHER ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL CONSENTS AND DISCLOSURES THAT MAY BE SET FORTH IN THE REGISTRATION PROCESS (AND HEREBY INCORPORATED HEREIN BY THIS REFERENCE). IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE OR ANY Intellirent SERVICES.
This Agreement applies exclusively to your access to, and use of, the Intellirent Web site (the "Site"), which is operated by Intellirent ("Intellirent"), and the software and services provided by Intellirent and accessed through the Site and your mobile device (the " Intellirent"). This Agreement does not alter in any way the terms or conditions of any other agreement you may have with Intellirent, or its subsidiaries or affiliates, for products, services or otherwise.
Copyright and Limited License
Intellirent, and any other product or service name or slogan contained in the Site are trademarks of Intellirent and its suppliers or licensors (unless otherwise indicated), and may not be copied, imitated or used, in whole or in part, without the prior written permission of Intellirent or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing " Intellirent ", or any other name, trademark or product or service name of Intellirent without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Intellirent and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Intellirent makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Intellirent provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Intellirent of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Third Party Content
Intellirent may use data provided by third parties in the content on the Site and may provide links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. Intellirent does not monitor or have any control over any Third Party Content or third party Web sites. Intellirent does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk. To the extent You are allowed to post Third Party content on the Site, you agree to abide by all terms of service and/or end-user license agreements of said Third Parties, and You further warrant that you have the right to post the Third Party content on the site and You indemnify and will hold Intellirent harmless for any damages resulting from posting said Third Party content on the site.
You are solely responsible for your use of the Site and the Intellirent Service and any activities that occur under your account. Therefore, you should not share your password with anyone. You agree not to use the Site or the Intellirent Service for commercial purpose or for any illegal, unlawful, inappropriate or unauthorized purpose or activity. You further agree not to threaten, abuse, solicit, spam, harass, stalk, impersonate or intimidate other Intellirent users and not to collect or store any location or other personal information about any Intellirent users that you obtain from the Site.
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
Any Content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Content about another person, entity, business, event or other activity that is knowingly false or misleading;
Unsolicited promotions, political campaigning, advertising or solicitations;
Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Viruses, corrupted data or other harmful, disruptive or destructive files; and
Content that restricts or inhibits any other person from using the Site or the Intellirent Service, or which may expose Intellirent or its users to any harm or liability of any type.
Intellirent takes no responsibility and assumes no liability for any user conduct or any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Intellirent liable for any mistakes, defamation, slander, libel, omissions, falsehoods, inaccuracies, obscenity, pornography or profanity you may encounter.
YOUR USE OF THE SITE AND THE Intellirent SERVICE IS AT YOUR OWN RISK. Intellirent IS NOT LIABLE FOR ANY STATEMENTS, REPRESENTATIONS OR CONTENT PROVIDED BY ITS USERS ON THE SITE OR THE CONDUCT OF ITS USERS.
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Site, or Intellirent’s products or services that are provided by you in the form of email or other submissions to Intellirent are non-confidential and shall become the sole property of Intellirent. Intellirent shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Registration Data; Account Security
In consideration of your use of the Site and the Intellirent Service, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification and not sell, transfer or allow another person to access you account or account password; (c) maintain and promptly update the Registration Data, and any other information you provide to Intellirent, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Intellirent.
THE SITE, THE SITE MATERIALS CONTAINED THEREIN AND THE Intellirent SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Intellirent DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITE. Intellirent DOES NOT REPRESENT OR WARRANT THAT INFORMATION OR MATERIALS IN THE SITE OR THE Intellirent SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. Intellirent DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT THE ANY LOCATION BASED INFORMATION IS INTENDED SOLELY FOR PERSONAL USE AND SHOULD NOT BE RELIED UPON IN EMERGENCIES.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER Intellirent USERS. Intellirent IS NOT RESPONSIBLE FOR THE ACTIONS OF ANY THIRD PARTIES WHO MAY ACCESS THE SITE OR USE THE Intellirent SERVICE, AND YOUR USE OF THE SITE AND THE Intellirent SERVICE IS AT YOUR OWN RISK. Intellirent CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) OR ANY MATERIALS THAT YOU MAY DOWN LOAD FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Intellirent reserves the right to change or discontinue any and all content contained in the Site and the Intellirent Service at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Intellirent. The Site and the Intellirent Service may be temporarily unavailable from time to time for maintenance or other reasons. Intellirent assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Intellirent is not responsible for any problems or technical malfunction of any telephone network or lines, mobile devices, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Intellirent Service.
UNDER NO CIRCUMSTANCES WILL Intellirent BE RESPONSIBLE FOR ANY HARM, LOSS, INJURY, OR DAMAGE OF ANY KIND RESULTING FROM ANYONE'S USE OF THE SITE OR THE Intellirent SERVICE OR ANY INTERACTIONS BETWEEN USERS OF THE SITE OR THE Intellirent SERVICE, WHETHER ONLINE OR OFFLINE.
Limitation of Liability
IN NO EVENT SHALL Intellirent, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE Intellirent SERVICE, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM Intellirent, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Intellirent’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Intellirent, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO Intellirent FOR ACCESS TO OR USE OF THE SITE OR THE Intellirent SERVICE.
Applicable Law and Venue
II. End User License Agreement (EULA)
PLEASE READ THIS EULA CAREFULLY. IT CONTAINS IMPORTANT TERMS THAT AFFECT YOU AND YOUR USE OF THE Intellirent SOFTWARE. BY USING THIS SITE OR THE Intellirent SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA WITH RESPECT TO THE Intellirent SOFTWARE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONSENTS, DO NOT USE THE Intellirent SOFTWARE
Subject to the terms and conditions in this EULA, we grant you a non-exclusive, non-transferable license to install and use a copy of the Intellirent Software only, solely for your personal, noncommercial use in connection with the Intellirent Service. Any software that updates, supplements or replaces the original Intellirent Software is governed by this EULA unless separate license terms accompany such update, supplement or replacement, in which case such separate terms will govern in the event of a conflict with this EULA or as otherwise provided in such separate terms.
The preceding states the entirety of your rights with respect to the Intellirent Software, and we reserve all rights not expressly granted to you in this EULA. Without limiting the foregoing, you will not do, or authorize or permit any third party to do, any of the following: (a) license or sell the Intellirent Software; (b) distribute the Intellirent Software except as expressly authorized by Intellirent; (b) use the Software for any purpose other than your personal, noncommercial use; (c) reverse engineer, decompile, disassemble or attempt to discover the source code for the Intellirent Software; (d) modify, alter or create any derivative works of the Intellirent Software; or (e) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Intellirent Software.
The Intellirent Software is the valuable property of Intellirent and its licensors and is protected by copyright and other intellectual property laws and treaties. We and our licensors own all right, title and interest in and to the Intellirent Software, including all copyright and other intellectual property rights in the Software. Any and all use of the Intellirent Software by You is in accordance with this limited license only.
THE Intellirent SOFTWARE IS PROVIDED TO YOU FREE OF CHARGE. ACCORDINGLY, THE SOFTWARE IS PROVIDED "AS IS," WITH ALL FAULTS, DEFECTS AND ERRORS, AND WITHOUT WARRANTY OF ANY KIND. Intellirent DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, ARISING BY LAW OR OTHERWISE, REGARDING THE SOFTWARE AND ITS PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Intellirent DOES NOT WARRANT THAT THE SOFTWARE WILL BE FREE OF BUGS, ERRORS, VIRUSES OR OTHER DEFECTS, AND Intellirent SHALL HAVE NO LIABILITY OF ANY KIND FOR THE USE OF OR INABILITY TO USE THE SOFTWARE, THE Intellirent SERVICE OR ANY OTHER PRODUCT OR SERVICE ASSOCIATED THEREWITH.
Limitation of Liability.
IN NO EVENT WILL Intellirent OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LIABILITIES WHATSOEVER ARISING FROM OR RELATING TO THE SOFTWARE OR THIS EULA, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, EVEN IF Intellirent HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Intellirent may terminate this EULA and any user accounts opened in connection with your use of the Intellirent Software at any time for any reason or for no reason immediately upon notice. Upon such termination, you agree not to download, copy, install or use the Intellirent Software (including any subsequent version of the Intellirent Software) or register for any new user accounts. Intellirent may also discontinue the Intellirent Service, in which case this EULA shall terminate automatically without notice. In the event of the termination of this EULA for any reason: (a) the license granted to you in this EULA will terminate; (b) you must immediately upon receiving any notice of termination cease all use of the Intellirent Software and destroy or erase all copies of the Intellirent Software in your possession or control; and (c) Sections 3 (Ownership), 4 (Disclaimers), 5 (Limitation of Liability), 6 (Termination), 7 (Governing Law; Jurisdiction) and 8 (General) will survive any such termination.
Governing Law; Jurisdiction.
Unless expressly prohibited by local law, this EULA is governed by the laws of California and the United States of America, without regard to any conflict of law principles to the contrary.
Severability. If any provision of this EULA is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remainder of this EULA will remain in full force and effect.
Headings; Interpretation. The headings of sections and paragraphs of this Agreement are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections or paragraphs.
Assignment. You may not assign this Agreement or any of your rights under this EULA without the prior written consent of Intellirent, and any attempted assignment without such consent shall be void.
Entire Agreement. This EULA sets forth our entire agreement with respect to the Intellirent Software and the subject matter hereof and supersedes all prior and contemporaneous understandings and agreements whether written or oral. No amendment, modification or waiver of any of the provisions of this EULA will be valid unless set forth in a written instrument signed by the party to be bound thereby.
III. Copyright Policy
Intellirent, its officers, employees, affiliates, subsidiaries, divisions, representatives and agents acting on behalf of Intellirent. (collectively referred to herein as "We", "Us", "Our" and "Intellirent") respect others’ intellectual property rights, and request that the users of the Intellirent application and web site ("Intellirent Service") do the same. All content, including copyrightable works, trademarks, service marks, and patentable inventions, on the Intellirent Service are the property of Intellirent unless explicitly stated otherwise. No right, title, or interest to the content is granted by your use of the Web Site, other than a right to review the content using a conventional Internet browser (i.e., ordinary web browsing). Any other uses, including making copies of any content, are strictly prohibited.
II. Types of Information
As used herein, the term "personal information" means any information provided to Intellirent, whether through a signup process or through other means that specifically identifies an individual (such as a name, address, telephone number, mobile number, e-mail address, or other account number), and information about that individual's location and/or activities, such as information about his or her use of the Site or the Intellirent Service, when directly linked to personally identifiable information. Stated differently, personal information is information that can be used to identify you specifically. Personal information also includes demographic information such as date of birth, gender, geographic area and preferences when such information is linked to other personal information that may be used to identify you. Personal information does not include "aggregate" information.
Aggregate information is data we collect about the use of the Site or about a group or category of products, services or users, from which individual identities or other personal information has been removed or is otherwise unobtainable. Stated differently, aggregate information is anonymous—no user can be individually identified from aggregate information. Information about how you use a service may be collected and combined with information about how others use the same service. Aggregate data helps us understand trends and our users' needs so that we can better consider new features or otherwise tailor our Site. This policy in no way restricts or limits our collection and use of aggregate information, including the use and/or supply of aggregate information to one or more Third Parties.
Anonymous information is similar to Aggregate Information in that it cannot be used to identify a particular user or person. However, Anonymous Information may be based on a single user or based on a single user’s use of the service. We may provide Anonymous Information to advertisers solely to be able to provide more relevant content to you.
III. Information Collected
Personal information may be collected in a number of ways when you visit our Site or use the Intellirent Service. We may collect certain information you voluntarily provide to us which may contain personal information. For example, we may collect personal information, such as your name, address, location, email, phone number, mobile number and other contact and demographic information when you register and set up an account, send us a text message or contact us by e-mail or other means for any reason. Personal information may also be collected if you provide such information in connection with creating a profile, leaving comments, posting content, sending an email or message to another user or participating in any interactive forums or features on the site. In addition, from time to time we may collect demographic, contact or other personal information you provide in connection with your participation in surveys, sweepstakes, contests, games, promotional offers, and other activities on the Site or through the Intellirent Service.
If you use an Intellirent application on your mobile device, the Intellirent Service may also automatically collect location information from your mobile device or your mobile carrier. However, your location data will only be shared with other users when you choose to provide the information to the Intellirent Service, and in accordance with this policy and with applicable privacy settings.
When you use the Intellirent Service, whether via our web site or your mobile device, some information is also automatically collected, such as your Internet Protocol (IP) address, your operating system, the browser type, the address of a referring web site, and your activity on the Site. We treat this information as personal information if we combine it with or link it to any of the identifying information mentioned above. Otherwise, it is used in the aggregate only. We may also automatically collect certain information through the use of "cookies." Cookies are small data files that are stored on a user's hard drive at the request of a Web site to enable the site to recognize users who have previously visited them and retain certain information such as customer preferences and history. If we combine cookies with or link them to any of the personally identifying information, we would treat this information as personal information. If you wish to block, erase, or be warned of cookies, please refer to your browser instructions or help screen to learn about these functions. However, if a browser is set not to accept cookies or if a user rejects a cookie, you may not be able to sign in and will not be able to access certain Site features or services.
IV. Use of collected information
In general, we use personal information we collect to process your requests or transactions, to provide you with information or services you request, to inform you about other information, events, promotions, products or services we think will be of interest to you, to facilitate your use of, and our administration and operation of, the Site and the Intellirent Service, and for the purpose for which the information was provided. For example, we may use the information we collect:
to send you a welcoming email or text message and to contact you about your use of the Site and the Intellirent Service, such as for administrative purposes, to provide you with customer service or to facilitate your registration for or participation in certain features of the Intellirent Service;
to provide you with all of the services, features, and functionality included within the Intellirent Service, to provide other services, products or information you request and to complete any transactions in connection therewith;
to respond to your emails, submissions, comments, requests or complaints;
to request feedback and to enable us to develop, customize and improve the Site and our publications, products and services;
to contact you about our or a third party's services, products, activities, special events or offers and for other marketing, informational, product development and promotional purposes;
to notify contest winners; and
for the specific purpose for which the information was provided.
Personal information provided online may be linked together or merged with other personal information so that we may better understand your needs and inform you about our products or services and those of our partners.
V. Sharing of collected information
Intellirent will not share your personally identifiable information with other, third-party companies for their commercial or marketing use without your express consent. However, Intellirent may provide aggregate and/or anonymous usage information to third party advertisers solely for the purpose of presenting more relevant advertisements to you, based on your usage of the Intellirent service. Personal information is never provided to third parties, as discussed above.
In addition, we may disclose personal information in the good faith belief that we are lawfully authorized or required to do so, or that doing so is reasonably necessary or appropriate to comply with the law or with legal process or authorities, respond to any claims, or to protect the rights, property or safety of Intellirent, our users, our employees or the public, including without limitation to protect Intellirent or our users from fraudulent, abusive, inappropriate or unlawful use of our Site or the Intellirent Service. Information about our users, including personal information, may also be disclosed or transferred as part of, or during negotiations of, any merger, sale of company assets, financing or acquisition or in any other situation where personal information may be transferred as one of the business assets of Intellirent.
VI. Protection of collected information
We have endeavored to put into place reasonable security measures in an effort to protect personal information while it is under our control. Your account information is accessible online only through the use of a password. To protect the confidentiality of personal information, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of our web site by any person using your password. Please advise us immediately if you believe your password has been misused.
VII. Users outside the United States of America
All the data we collect is stored in the United States. If you use the Intellirent Service from outside the US and provide personal information to us, your personal information will be transferred to the United States. Through your use of the Intellirent Service, you consent to such transfer and to the use of the information in the United States.
VIII. External Links
IX. Updating your personal information
If you have any questions or comments about this Policy or the practices relating to this Site or the Intellirent Service, or you wish to verify, correct or delete any personal information we have collected, please contact us at
and we will endeavor to respond to your inquiry or to correct, update or remove the personal information you have provided us as you indicate to the extent possible.