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Rendever Terms of Use

Last modified: January 16, 2022

This Terms of Use (these "Terms") creates a binding agreement between you ("you," “your”) and Rendever, Inc. ("Rendever," “we,” “our”). These Terms govern your use of the Rendever’s platform and website https:// my.rendever.com and any subdomains (the “Site”) and the products and services, content, features, functionality and information available on the Site and/or any mobile application (an “Application”) we may offer through our platform on web, mobile, and virtual reality interfaces (collectively, the Service).

BY CLICKING THE "AGREE" BUTTON AND/OR BY USING THE SERVICE, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER/OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE AND, IF APPLICABLE, DELETE IT FROM YOUR MOBILE DEVICE.

IN ADDITION, BY SIGNING UP AND USING THE SERVICE, YOU, THE USER OF THE SERVICE, REPRESENT THAT IF YOU ARE A REPRESENTATIVE OF AN ORGANIZATION (SUCH ORGANIZATION HEREIN REFERRED TO AS “CUSTOMER” ), YOU ARE DULY AUTHORIZED TO ENTER INTO THESE TERMS ON BEHALF OF CUSTOMER, AND YOU AND CUSTOMER DO HEREBY AGREE TO THESE TERMS AND THE PRIVACY POLICY WHICH ARE INCORPORATED INTO AND GOVERNED BY THESE TERMS. TO THE EXTENT THERE IS ANY INCONSISTENCY BETWEEN A PROVISION IN THESE TERMS AND A PROVISION IN ANY SERVICES AGREEMENT ENTERED INTO BETWEEN RENDEVER AND CUSTOMER (“SERVICES AGREEMENT”), THE PROVISION OF THE SERVICES AGREEMENT SHALL GOVERN.

 

  1. Access to the Service. Subject to the terms of these Terms, Rendever grants you a limited, revocable, non-exclusive, and nontransferable license to use the Service to which you have subscribed for your personal and non-commercial use, strictly in accordance with these Terms and any other instructions you may receive from Rendever regarding the Service or a specific Application. Depending on your subscription, the Service may provide you with access to a specific Application located at the Site or its subdomains and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Site. Your access to and use of such Application may require you to acknowledge your acceptance of these Terms of Use and Privacy Policy at the time of your subscription and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the features and functionality of the Application.
  2. Changes to These Terms. Rendever reserves the right, in its sole discretion, to change, modify, replace, add to, supplement or delete any terms and conditions of these Terms (including the Privacy Policy, which is incorporated into and governed by these Terms) at any time; provided, however, that Rendever will use reasonable efforts to provide you with notification of any material changes (as determined in Rendever’s sole discretion) by email, postal mail, website posting, pop-up screen, or in-service notice. You should visit this page whenever you use the Service to review these Terms and learn if any terms have changed. If any future changes to these Terms are unacceptable to you or cause you to no longer be in compliance with these Terms, you must immediately stop using the Service. Your continued use of the Service following any revision to these Terms constitutes your complete acceptance of any and all such changes.
  3. No Endorsement. All text, images, articles, photographs, illustrations, audio, graphics, graphs, video clips, and other materials submitted to the Service by Rendever or third parties (including without limitation material on the Service’s Public Areas (as defined below) and/or procured by Rendever for the Service from third parties (collectively, the “Content”) are provided for informational and transactional purposes only. Your reliance on the Service or the Content is at your own risk. Rendever does not endorse or warranty any Content made available through the Service.  
  4. Restrictions on Use. As a condition of your use of and access to the Service, you agree to comply with any application-, tool-, or content-specific rules published within the Service as well as the following usage rules, which Rendever may modify or supplement in its discretion from time to time (with notice to you of material changes, per Section 2). You agree that you will not, in regard to the Service (as determined by Rendever in its discretion):
    1. copy the Services, except as expressly permitted by these Terms;
    2. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Service;
    3. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Service or any part thereof;
    4. use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Service, or use or launch any unauthorized script or other software;
    5. interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service;
    6. violate any applicable law, including without limitation any applicable export laws;
    7. infringe or violate the rights of any other party, including without limitation any intellectual property rights or rights of privacy or publicity;
    8. engage in conduct that is obscene, offensive, pornographic, fraudulent, deceptive, defamatory, threatening, harassing, abusive, slanderous, hateful, or causes embarrassment to any other person;
    9. further any chain letters or pyramid schemes, transmit unsolicited messages, or engage in “spam;”
    10. deliberately mislead anyone as to your identity, impersonate another, falsely identify the source of any Submissions (as defined below), or allow another person or entity to use your identity in order to access the Service or post or view Submissions;
    11. engage in conduct that conflicts with the spirit or intent of the Service, including without limitation, by disrupting the flow of dialogue in a Public Area (as defined below), restricting any other user from using or enjoying the Service, or exposing Rendever or another to any liability or detriment of any kind;
    12. use automated queries, including screen and database scraping, spiders, robots, crawlers, information harvesting, and any other automated activity with the purpose of obtaining content, information or data from the Service, unless you receive the express written permission of Rendever; or
    13. violate the terms of service of Facebook, Twitter or other channel by which you access the Service .
    14. remove, delete, alter, or obscure any notice, legend, warning, banner,, advertisement, trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Service, including any copy thereof;
    15. use the Service other than in strict accordance with the Rendever Handbook, or other instructions provided by Rendever in connection with your subscription;
    16. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Service, or any features or functionality of the Service, to any third party for monetary value.
  1. Reservation of Rights. You acknowledge and agree that the Service is provided under license, and not sold, to you. You do not acquire any ownership interest in the Service under these Terms, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. Rendever and its licensors and service providers reserves and shall retain their entire right, title, and interest in and to the Service, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
  2. Submissions. You hereby grant to Rendever a limited, non-exclusive, worldwide, perpetual, irrevocable, royal-free, sublicensable (through multiple tiers), and transferable right and license to use all comments, feedback, blog or forum statements, suggestions, ideas, emails, and other submissions disclosed or submitted to Rendever in connection with your use of the Service (collectively, “Submissions”) in any manner Rendever may desire, including, but not limited to, to make, have made, use, sell, offer to sell, import, reproduce, modify, create derivative versions of, distribute, publicly display and publicly perform such Submissions, in any and all forms and media now known or hereafter devised, without compensation to you and without identifying you as the creator. You agree that the provisions in this Section 6 will survive any termination of your account(s), the Service, or these Terms.
  3. Public Areas. The Service may feature various community areas and other public forums, including but not limited to blogs or member communities, discussion boards, question and answer areas and comment areas (the "Public Areas"). If you use a Public Area you are solely responsible for your own Submissions, the consequences of posting your Submissions, and your reliance on any information in the Public Areas or other areas of the Service. If you feel threatened or believe that someone else is in danger, you should contact your local law enforcement agency immediately. Any information you share, including without limitation any discussions with others, in any online Public Area is by design open to the public and is not private. The Rendever Parties (as defined herein) reserve the right, but shall not be obligated, to record any dialogue or exchanges in the Public Areas of the Service. The Rendever Parties shall have no responsibility for any actions taken, or failures to take action, with respect to the Public Areas of the Service or any submissions by you or other users. As with any public forum on any website, the information you post may show up in third-party search engine results.
  4. Passwords. Rendever has several tools that allow you to record and store information in your account. You are responsible for all actions on the Service by you or under your password or account and for taking all reasonable steps to ensure that no unauthorized person shall have access to your password or account. Without limiting the foregoing, it is your sole responsibility to (1) control the dissemination and use of any login code and password; (2) authorize, monitor, and control access to and use of your Service account and password; (3) promptly inform Rendever of any need to deactivate a password. You grant Rendever and all other persons or entities involved in the operation of the Service the right to transmit, monitor, retrieve, store, and use any information recorded and/or stored in your account in connection with the operation of the Service.
  1. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Service, Rendever may use automatic means (including, for example, cookies and web beacons) to collect information about your mobile device or computer and about your use of the Service. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Service or certain of its features or functionality, and the Service may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with the Service is subject to our Privacy Policy (https://rendever.com/privacy-policy). By downloading, installing, using, and providing information to or through the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
  1. Child Online Protection Act Notification. Pursuant to 47 U.S.C. § 230(d) as amended, Rendever hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying providers of such protection is available at the following links: http://staysafeonline.org/stay-safe-online/; https://www.consumer.ftc.gov/features/feature-0038-onguardonline. Please note that Rendever is not affiliated with the above listed sites, nor is the above intended as an endorsement of any of the products or services listed on such sites.
  1. Geographic Restrictions. Rendever operates and controls the Service from its offices in the United States. Rendever makes no representation that the Service is appropriate, lawful or available in other locations. You acknowledge that you may not be able to access all or some of the Service outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you are responsible for compliance with local laws.
  2. Changes to the Service. Rendever may from time to time in its sole discretion change, modify, suspend, or discontinue in its entirety or any aspect of the Service at any time. Rendever may also impose limits on certain features or restrict or prohibit your access to parts or all of the Service at any time, all without notice or liability.
  3. Term and Termination. Rendever may terminate these Terms at any time without notice if it ceases to support all or part of the Service, which Rendever may do in its sole discretion. In addition, these Terms will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these Terms. Following the termination of these Terms, your account(s), or the Service, Rendever shall retain all rights to the Submissions pursuant to these Terms. Upon termination:
    1. all rights granted to you under these Terms will also terminate; and
    2. you must cease all use of the Service and delete all copies of the Service from your mobile device and account.
    3. Termination will not limit any of Rendever's rights or remedies at law or in equity.
  4. Disclaimer of Warranties. THE SERVICE IS PROVIDED TO LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, RENDEVER, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "RENDEVER PARTIES"), EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE RENDEVER PARTIES MAKE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. THE SERVICE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
  5. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE RENDEVER PARTIES HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVCE OR THE CONTENT FOR:
    1. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, TECHNICAL MALFUNCTIONS OR OTHER PROBLEMS OF TELEPHONE NETWORKS OR SERVICES, COMPUTER SYSTEMS, MOBILE PHONE EQUIPMENT, SOFTWARE, OR EMAIL, INCLUDING TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY SITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO A USER'S OR TO ANY OTHER PERSON'S COMPUTER, MOBILE PHONE, OR OTHER HARDWARE OR SOFTWARE, RELATED TO OR RESULTING FROM USING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE SERVICE OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.ANY DIRECT DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE OR THE CONTENT, IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, AND A DETERMINATION IS MADE THAT RENDEVER IS LIABLE, UNDER NO CIRCUMSTANCES WILL THE RENDEVER PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID RENDEVER IN THE 90 DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT THE CLAIM..
    2. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR THE RENDEVER PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
  6. Release. You forever release, discharge, and covenant not to sue the Rendever Parties from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of the Rendever Parties or otherwise, in connection with your use of the Service or your interaction with any party through or as a result of the Service. In other words, you cannot sue the Rendever Parties if anything happens to you or your property from using the Service or interacting with any party through the Service. You agree that the provisions in this Section 16 will survive any termination of your account(s), the Service, or these Terms.
  1. Indemnification. You agree to indemnify, defend, and hold harmless Rendever and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Service or your breach of these Terms, including but not limited to the content you submit or make available through this Service.
  2. Export Regulation. The Service may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Service to, or make the Service accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Service available outside the US.
  3. Copyright Policy; Objectionable Content: If you believe your rights have been violated by, or you otherwise object to, any posting, content or information on the Service, please contact us promptly so we can evaluate the claim and take appropriate action. If your complaint includes a claim of copyright infringement, the following policy will apply: It is Rendever’s policy to respond promptly to claims of copyright infringement, and to remove, or disable access to, infringing material. If you believe that any of the content or materials appearing on this Service contain infringements, please send a notice to our designated agent at the address stated below. Your notice should contain the following: a physical or electronic signature of a person (i.e., claimant) authorized to act on behalf of the copyright owner; identification of the copyrighted work claimed to be infringed; identification of the content or material claimed to be infringing; a reference or link to the infringing material or activity, or the subject of the infringing activity, including information to enable us to locate that material or reference; the address, telephone number or email address of the claimant; a statement that the claimant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notice is accurate and, under penalty of perjury, that the claimant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Rendever will also terminate a user's account if a user is deemed to be a repeat infringer, namely, one who has been notified of bona fide infringing activity more than twice. Our designated agent, to whom you should direct your infringement claim (or other complaints), is:

Attention: Stephanie Randall

Rendever, Inc.

561 Windsor St., Suite B405

Somerville MA 02143

Telephone Number: +1 (917) 406-6151

E-mail: stephanie@rendever.com

  1. Severability. If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect; provided, however, that if any fundamental term or provision of these Terms is invalid, illegal, or unenforceable, the remainder of these Terms shall be unenforceable.
  2. Governing Law/Waiver of Injunctive Relief. (a)These Terms are governed by and construed in accordance with the internal laws of the State of Massachusetts without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Massachusetts in each case located in Cambridge and Middlesex County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

            (b)      You acknowledge that the rights granted and obligations made hereunder to Rendever are of a unique and irreplaceable nature, the loss of which will irreparably harm Rendever and which cannot be replaced by monetary damages alone, so that Rendever will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).

            (c)      To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms ("Dispute"), you and Rendever agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. You will send your notice to Rendever, Inc. 561 Windsor Street, Suite B405, Somerville MA 021433, Attn. Disputes.

  1. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  2. Entire Agreement. These Terms, any applicable Services Agreement, and our Privacy Policy constitute the entire agreement between you and Rendever with respect to the Service and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Service.
  3. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
  4. Questions? If you have any questions about These Terms, its terms, your account or your rights hereunder, or if you have any complaints or claims, please contact: privacy@Rendever.com
  5. Payment. You may be required to pay fees for access to certain products and services on the Service (“Fees”) as set forth on the Site or in any applicable Services Agreement. Fees will be inclusive of applicable taxes where required by law. Fees paid by you are final and non-refundable, unless otherwise determined by Rendever.  We reserve the right to establish, remove and/or revise Fees for any or all aspects of the Service at any time in our sole discretion, by posting or otherwise delivering notice to you. Any use of the Service after a notice of new or revised Fees has been posted on the Site or delivered to you will be deemed your acceptance of these new or revised Fees. Rendever may from time to time provide certain users with promotional offers and discounts that may result in different Fees for the same or similar Service, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Service or the Fees applied to you.

 

 

 

 

 

 

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