Rental Terms

I. Acceptance of the Terms

Please read these Terms carefully. By placing an order on our website or by clicking to accept or agree to these Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms. INHABITR RESERVES THE RIGHT TO ADD TO, SUBTRACT FROM, OR CHANGE THESE TERMS AT ANY TIME, WITH OR WITHOUT NOTICE. Your continued use of Inhabitr’s website or mobile application (collectively, the “Platform”), or continued rental of Items, shall constitute acceptance to the revised Terms.

II. Nature of Services

You acknowledge that Inhabitr does not directly manufacture, own, deliver, assemble, or pick up any furniture or accessories. Rather, Inhabitr is a technology company that connects lessors of furniture and accessories with consumers, and administers such leases. Although you will generally enter into a Furniture and Accessories Rental Agreement (your “Rental Contract”) with Inhabitr, such agreement exists solely for administrative purposes; all furniture and accessories are manufactured, owned and delivered by third-party providers (the “Providers”), and subject to their rights, privileges, and liabilities. The Rental Contract, further, is intended to constitute a short-term lease of the Items, and not as any financing, sale, or other contract.

III. Terms of Use

1. Rental Contract Required. Before the delivery of any Items, you must enter into a Rental Contract, which covers additional specific requirements and conditions of your rental of the Items. These Terms and the Rental Contract are intended to form one and the same document, with these Terms (as amended from time to time) being fully incorporated into the Rental Contract by reference. To the extent any provision of the Rental Contract and these Terms is inconsistent or contradictory, the Rental Contract shall control.
2. Credit Approvals. You understand and agree that by checking the I AGREE box associated with these Terms and providing your personal information, or by otherwise accepting these Terms, you are authorizing Inhabitr to obtain information from your personal credit profile or other information from Experian. You authorize Inhabitr to obtain such information solely to prequalify for credit options offered.
3. Security Deposit. Under the terms of your Rental Contract, you may be required to submit a security deposit prior to delivery of the Items. The security deposit shall be returned to you within thirty (30) business days after all of the Items are returned. Inhabitr may deduct from the security deposit any payments or charges owed to us by you under the Rental Contract or these Terms, as well as an amount sufficient to cover any loss or damage to the Items for which you are responsible. Notwithstanding the foregoing, however: (i) you may not apply the security deposit toward any Rental Fees (defined below), all of which must be paid when due, and (ii) you shall remain liable for all damages and fees owed to us in excess of the security deposit.
4. Payment Information. You are required to make all payments for rent, late fees, security deposits, delivery/pick-up charges, property damage, late charges, and other fees (collectively the “Rental Fees”) through the Platform. The Platform allows you to pay the Rental Fees through either an ACH transfer or credit card payment, and requires that you authorize recurring, monthly payments. Your payment account may be changed at any time; however, we cannot guarantee that any such change will be effective if made less than thirty (30) days prior to any payment date. Inhabitr will save your payment information on secure server unless you request that we delete such information. Usage of the Platform and processing of digital payments may be subject to additional terms and conditions, including the Inhabitr Digital Services Terms of Use, available on our website, www.inhabitr.com.
5. Authorized Payments are Final. Your use of the Platform and entry into a Rental Contract constitutes your agreement to pay for any amounts which you authorize us to charge to your approved payment methods. Such payments, once authorized by you, are final.
6. Unauthorized Transactions. Inhabitr is not responsible for losses incurred as a result of non-sufficient funds, returned checks, chargebacks, claims, reversals, retrieval fees, recall fees, excessive returns fees, early funding fees, account maintenance fees, or any unforeseeable unsuccessful transaction or fees associated with those transactions. When incurred by Inhabitr, all such fees will be assessed to your account and payable as additional Rental Fees.
7. Late Payments. For each payment not received within five (5) days after the due date, you will be charged a late fee in accordance with your Rental Contract. In addition to late payment charges, you will be charged interest of 1.5% per month on all delinquent payments where allowed by law. This penalty shall be assessed to your account as additional Rental Fees.
8. Delivery.
   • Attendance Required. Delivery of Items shall be to the location designated by you in the Rental Contract and approved by Inhabitr (the “Property”). You or an authorized representative (who must be at least 18 years old) is responsible for attending delivery and directing the placement of the Items by the delivery team.
   • No Liability. You agree that Inhabitr shall have no liability whatsoever with respect to any damage to your property or premises, or the property or premises of your landlord (if applicable). Inhabitr coordinates delivery of furniture and accessories through third-party service providers, and will make reasonable efforts to connect you with such providers in the event of any damage; however, Inhabitr does not make any representation or warranty as to the delivery services, and all recourse shall be either against (i) the third-party service providers, or (ii) your personal insurers.
   • Additional Charges Not Covered. Any additional charges related to moving and setting up the Items that must be paid to third parties, including, but not limited to, the landlord or owner of the Property, will be directly paid by you. If Inhabitr is required to make any such payments, then the charges will be directly passed on to you as additional Rental Fees.
9. Care, Use and Location:
   • General Care. You are responsible, at your own cost and expense, for maintaining each Item, keeping it in good condition, and returning it to Inhabitr in the same condition as when you received it, ordinary wear excepted. In particular, smoking shall be prohibited in the Property and no smoking (of any sort) is permitted on or within 100 feet of any Items stored outdoors. You shall not use any of the Items for any unlawful purpose or in the commission of any unlawful act, and shall not alter the Items without our prior written consent. Inhabitr shall have the right to inspect the Items at any reasonable time on at least 48 hours’ notice.
   • Subleasing Not Allowed. Subleasing of the Items is not allowed.
   • Removal of property. The Items may not be removed from the Property without our written consent.
   • Safety Precautions. You understand and acknowledge that some of the Items provided under your Rental Contract may be subject to a manufacturer’s recommendation regarding: (i) the use of an “anti-tip device,” security wall bracket, or similar safety device (“Device”), or (ii) weight limits and use restrictions (“Limits”). Inhabitr is not responsible for installing recommended Devices or for ensuring that any Item is used within the Limits.  When recommended by the manufacturer of an Item, you are solely responsible for obtaining and properly installing any Devices.  In all cases, you are advised to use the Items solely within the Limits.  By entering into the Rental Contract, you acknowledge that you fully accept all risks (including bodily injury) associated with a failure to install recommended Devices or comply with the Limits and other recommended safety standards, and shall indemnify and hold Inhabitr harmless from any claims or damages related to such failures.
   • Preventive Maintenance. Inhabitr, through a Provider, will conduct preventive maintenance on the Items every six (6) months, which includes minor repairs and upholstery cleaning to protect Items against normal wear and tear. In the event of damage or excessive wear to an Item, you will be charged with the actual replacement or repair costs incurred by Inhabitr with respect to such Item. In event of damage, you must promptly inform Inhabitr, so that we can repair or replace such Item (in our sole discretion).
   • Sanitation Charges. In addition to other payments for damage described above, there shall be a one-time $99 sanitation fee charged at the end of the Rental Term (defined in the Rental Contract) if there are any pets residing at the Property at any time during the Rental Term. This sanitation fee may also be applied (in Inhabitr’s discretion) in the event that Items bear strong odors or visible stains upon pick-up, in addition to all other charges.
10. Security Interests. It is understood that the transactions contemplated under these Terms and the Rental Contract constitutes a lease and not a conditional sale or financing agreement. Title and ownership to all Items remain vested in the applicable Provider and, accordingly, you may not grant a security interest of any kind in any of the Items. You must keep all Items free and clear from all levies, attachments, liens and other encumbrances. In the event that any person other than Inhabitr or the applicable Provider attempts to create or assert an interest in any Items, you must provide Inhabitr immediate notice thereof and shall take such action we require.
11. Term and Termination. These Terms shall apply to the Rental Contract during the full term of such agreement.
12. Surrender of Furniture. You agree to notify Inhabitr at least fifteen (15) days before expiration of any Rental Contract term, or any periodic extension, if pickup of the Furniture is desired at that time. If the Furniture is not made available for pickup at the end of the Rental Term, the Rental Contract shall be extended from month to month on the terms and conditions stated in these Terms and the Rental Contract until either party sends the other written notice of termination at least fifteen (15) days prior to the intended termination date.
13. Early Termination Damages. Your Rental Contract may include a minimum rental period or minimum fee for the Items, in consideration of Inhabitr’s expense and effort associated with opening your account and organizing delivery and pickup. In the event of an early termination by you, or by Inhabitr upon your default, you will be assessed (as liquidated damages) the minimum fee dictated by your Rental Contract; in addition, you shall forfeit your security deposit, if any.
14. Default and Remedies. You will be considered to have defaulted under your Rental Contract in the event that either (i) you commit a material breach of these Terms or the Rental Contract (other than with respect to payment of Rental Fees); (ii) any Rental Fees due and owing to us become more than thirty (30) days past due; or (iii) you have violated the Inhabitr Digital Services Terms of Use. In the event of a Default, Inhabitr may, in its sole discretion elect any one or more of the following remedies, in addition to any other remedies it may have at law or equity: (a) declare all Rental Fees to be immediately due and payable; (b) demand immediate return of all Items and terminate the Rental Contract; and (c) refer your past due account to one or more collections agencies for recovery.
15. Failure to Return Property. If you fail to timely return or make available for pick up any Item, whether upon normal termination of the Rental Contract or pursuant to demand upon default, Inhabitr shall have the authority, in its sole discretion, to charge you the full retail value of such Item, in addition to any other Rental Fees due and owing. Such charges will be due and owing to Inhabitr immediately upon such determination.
16. Changes to These Terms. We may revise and update these Terms from time to time in our sole discretion, provided that we will provide you notice (by e-mail) of any material updates. All changes are effective immediately when we post them, and apply to your Rental Contract in full. Your continued use of the Services means that you accept and agree to the changes. You are expected to check these Terms online from time-to-time so you are aware of any changes, as they are binding on you.
17. Limited Warranty. Inhabitr will deliver the Items in good visual condition, but otherwise on an as-is basis, with all faults included. Inhabitr is not the manufacturer or owner of any of the Items, and therefore is unable to warrant their condition, safety, or fitness for any purpose. ACCORDINGLY, EXCEPT AS SPECIFICALLY STATED HEREIN, THE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
18. Limitation of Liability: NEITHER PARTY WILL BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OR THE RENTAL CONTRACT FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, LIQUIDATED, SPECIAL, OR EXEMPLARY DAMAGES OR PENALTIES, INCLUDING LOSSES OF BUSINESS, REVENUE, NOR ANTICIPATED PROFITS, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION RELATED TO ANY DOWNTIME, UNAVAILABILITY, OR OTHER INTERRUPTION OF SERVICE WITH RESPECT TO THE SITE OR THE APPLICATION.
19. Indemnity. You and Inhabitr shall indemnify and hold harmless the other Party, along each of its affiliates and their respective directors, officers, employees, contractors, and agents from and against 19.any and all claims, liabilities, losses, damages or costs of settlement (including reasonable attorneys’ fees, expert witness fees and expenses), resulting from or arising out of your or Inhabitr’s performance (or breach) of its or your obligations under these Terms or your Rental Contract.
20. Allocation of Risk. You acknowledge that the foregoing limitations of liability and allocation of risks in these Terms represents an integral part of these Terms, and that absent these limitations Inhabitr would not enter into your Rental Contract.
21. Governing Law, Jurisdiction and Venue. These Terms and the Rental Contract shall be governed by, construed and enforced in accordance with the laws of the State of Illinois, without regard to conflicts of law principles thereof. The Parties hereby irrevocably submit to the jurisdiction of and venue in either the state or federal courts situated in Chicago, Illinois, over any action or proceeding arising out of or relating to these Terms or the Rental Contract and agree that all claims in respect of such action or proceeding may be heard and determined in any such court.
22. Survival; Successors and Assigns. Any rights or obligations of the Parties in these Terms which, by their nature, should survive termination or expiration of the Rental Contract will survive any such termination or expiration. Subject to the limitations set forth herein, these Terms shall inure to the benefit of and be binding upon the parties, their successors and assigns.
23. Waiver. No failure or delay by a Party in exercising any right, power or privilege hereunder or in your Rental Contract will operate as a waiver hereof. No covenant, term, or condition of these Terms or your Rental Contract shall be deemed to have been waived by either party, unless such waiver is in writing signed by the party charged with such waiver. The waiver by either Party of the breach of any provision of these Terms or your Rental Contract by the other Party shall not operate or be construed as a waiver of any subsequent breach.
24. Notices. All notices and other communications required under these Terms or your Rental Contract (other than purchase orders, credit memoranda and the like) shall be in writing and shall be deemed to have been given if delivered by hand, or sent by courier or electronic transmission, to the physical or electronic addresses set forth (for Inhabitr) on Inhabitr’s website, or (for you) on your profile within the Platform. Such addresses shall be the official notice addresses until notice of a change in address or addressee is given (by Inhabitr) by posting online or (by you) by an update to your profile via the Platform. All notices given in accordance herewith shall be effective, if delivered by hand or by courier, at the time of delivery, and, if communicated by electronic transmission, at the time of transmission.