- 1.1. Right to Change Terms. The Company reserves the right, in its sole discretion, to change these Terms from time to time.
- 1.2. Notice of Revisions to Terms. Unless the Company makes a change for legal or administrative reasons, the Company will use reasonable efforts to provide reasonable advance notice before material revisions to the Terms become effective. You agree that the Company may notify you of the revisions by posting them on the Site.
- 1.3. Acceptance of Terms. Your use of the Site after the effective date of the Terms, including any revisions thereto, constitutes your agreement to the these Terms. You should review these Terms before using the Site. If the Terms, including any revisions, are unacceptable to you or cause you to no longer be in compliance with these Terms as revised, you must immediately stop using the Site. Your continued use of the Site following any revision to these Terms constitutes your complete acceptance of any and all such revisions.
- 1.4. Effective Date of Revised Terms. Revisions to the Terms will be effective as of the time of posting, or such later date as may be specified in the Terms, and will apply to your use of the Site from that point forward.
- 2. Account Security. The Company cares about the integrity and security of your personal information. However, the Company cannot guarantee that unauthorized third parties will never be able to defeat the Site's security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.
- 3. License. Subject to your acceptance of and compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access the Site for your personal and non-commercial use in accordance with these Terms. We may change, modify, suspend, or discontinue in its entirety or any aspect of the Site at any time. We may also impose limits on certain features or restrict or prohibit your access to parts or all of the Site at any time, all without notice or liability.
- 4. Intellectual Property Rights. The design, trademarks, service marks, logos, and the entire Content (defined below) of the Site, are owned by or licensed to the Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Company reserves all rights not expressly granted in and to the Site. You do not acquire any ownership rights by using the Site, or by copying or downloading material from the Site. You agree to not engage in the use, copying, or distribution of any of the Site other than expressly permitted. For purposes of these Terms, "Content" means all texts, images, articles, photographs, illustrations, audio, graphics, graphs, video clips, and other materials available through the Site.
5. User Conduct.
5.1. You may not engage in any of the following prohibited activities
- a. copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated "scraping",
- b. using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Site,
- c. transmitting spam, chain letters, or other unsolicited email,
- d. attempting to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Site,
- e. taking any action that imposes or may impose, at Company’s sole discretion, an unreasonable or disproportionately large load on Site infrastructure,
- f. uploading invalid data, viruses, worms, or other software agents through the Site,
- g. collecting or harvesting any personally identifiable information, including account names, from the Site,
- h. using the Site for any commercial solicitation purposes,
- i. impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity,
- j. interfering with the proper working of the Site,
- k. accessing any content on the Site through any technology or means other than those provided or authorized by the Site,
- l. bypassing the measures we may use to prevent or restrict access to the Site, including without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content,
- m. violating any applicable law, including without limitation any applicable export laws, or
- n. infringing or violating the rights of any other party, including without limitation any intellectual property rights or rights of privacy or publicity.
6. User Content.
- 6.1. Content Ownership. You retain all ownership rights to information and content initially owned by you that you upload to the Site.
- 6.2. Content License. By submitting content to the Site, you grant the Company a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Site and the Company's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.
- 7. Third Party Content. Through the Site, you may have the ability to access and/or use content provided by third parties. The Company cannot guarantee that such third-party content will be free of material you may find objectionable or otherwise. The Company disclaims any responsibility or liability related to your access or use of any third-party content.
8. Links to other Websites.
- (a) the availability or accuracy of such websites or resources; or
- (b) the content, products, or services on or available from such websites or resources.
- 8.2. No Endorsement. Links to such websites or resources do not imply any endorsement by RunMyLease of those websites or resources.
- 8.3. Assumption of Risk. You acknowledge sole responsibility for and assumes all risk arising from your use of any such websites or resources.
10. Copyright Policy. The Company respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act:
- 10.1. a physical or electronic signature of the copyright owner or a person authorized to act on their behalf,
- 10.2. identification of the copyrighted work claimed to have been infringed,
- 10.3. your contact information, including your address, telephone number, and an email address,
- 10.4. a statement by you that you have 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
- 10.5. a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
- Our designated agent, to whom you should direct your infringement claim (or other complaints), is:
- Attention: President
15 Main Street, Suite 182
Watertown, MA 02472
Telephone Number: (617) 564-3609
- 11. Disclaimers. THE SITE IS PROVIDED "AS IS," WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, FREEDOM FROM ERRORS, SUITABILITY OF CONTENT, OR AVAILABILITY. WITHOUT LIMITING THE FOREGOING, NEITHER RUNMYLEASE, INC NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "RUNMYLEASE PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, UNCORRUPTED, TIMELY, OR ERROR-FREE.
- 12. Limitation on Liability. THE RUNMYLEASE PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS OR CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SITE, WHETHER OR NOT THE RUNMYLEASE PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 RUNMYLEASE, INC IS LIABLE, UNDER NO CIRCUMSTANCES WILL THE RUNMYLEASE PARTIES BE LIABLE TO YOU FOR MORE THAN $500.
- 13. Indemnification. You shall indemnify, defend and hold harmless the Company and its collaborators, suppliers and licensors, and their officers, directors, agents, and employees from and against any claim, proceeding, loss, damage, fine, penalty, interest, and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with your use of the Site or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms. You agree that the provisions in this paragraph will survive any termination of your account(s) the Site, or these Terms.
14. Governing Law/Waiver of Injunctive Relief.
- 14.1. These Terms and all aspects of the Site will be governed by and construed in accordance with the internal laws of the U.S. and the Commonwealth of Massachusetts governing contracts entered into and to be fully performed in Massachusetts (thus, without regard to conflict of laws provisions) regardless of your location. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state or federal courts located in Boston, Massachusetts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in Boston, Massachusetts.
- 14.2. You acknowledge that the rights granted and obligations made hereunder to RunMyLease, Inc are of a unique and irreplaceable nature, the loss of which will irreparably harm RunMyLease, Inc and which cannot be replaced by monetary damages alone, so that RunMyLease, Inc 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).