END USER LICENSE AGREEMENT
Last updated: 2023-05-23
This END USER LICENSE AGREEMENT (the “EULA”) is by and between You and Homequote, Inc. dba Rendr (“Us”) and applies to your use of the Rendr mobile software application, web-based platform, website, and any online features, services, and/or programs offered by Us (collectively, the “Rendr App”).
PLEASE READ THIS EULA CAREFULLY, WHICH INCLUDES IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OR USING THE RENDR APP, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH US REGARDING YOUR USE OF THE RENDR APP. BY ACCESSING OR USING THE RENDR APP, YOU AGREE TO BE BOUND BY THE EULA AND ALL ADDITIONAL EULAS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ANY PORTION OF THIS EULA, YOU SHOULD NOT DOWNLOAD, ACCESS, OR OTHERWISE USE THE RENDR APP.
By using the Rendr App, you agree to this EULA, which may be found at https://rendr.com/eula/. Rendr reserves the right to update this EULA at any time and without prior notice. The Updated field at the top of this agreement indicates when this EULA was last modified. You should review this EULA on a regular basis as your use of the Rendr App will be subject to the then-current EULA.
This EULA does not apply to any other mobile or desktop application provided and/or owned by any entity other than Us, including, but not limited to, any website, mobile or desktop application, blog, forum, or other material operated by any third party identified on the Rendr App.
1) GRANT OF LICENSE & ACCESS TO THE RENDR APP
(a) Grant of License: You are only granted a limited license to use the Rendr App. The Rendr App is not being sold to You. Subject to the terms and conditions of this EULA, HomeQuote hereby grants to You a personal, limited, non-exclusive, non-transferable, non-sublicensable license to use the executable version of the Rendr App solely as installed on your internet enabled devices.
You may access the Rendr App only for purposes of inputting moving or still images of various rooms in your home or building, including but not limited to the following: offices, the kitchen; bathrooms; living room; dining room; basement; attic; bedrooms; closets; garages, storage areas, etc. and information concerning the rooms and buildings for contractors licensed by your state to view the images, develop measurements of the rooms based on the images, and provide quotes and other information for renovation projects. Use of the Rendr App for any other purpose is not allowed under and is a breach of this EULA.
(b) You shall be solely responsible for your use of the Rendr App.
(d) We do not warrant or represent that: (i) any materials, documents, images, graphics, logos, design, audio, video, and any other information provided from or on the Rendr App (collectively, the “Content”) is accurate or complete; (ii) the Content is up-to-date or current; (iii) we have any obligation to update any Content; (iv) the Content is free from technical inaccuracies or programming or typographical errors; (v) the Content is free from changes caused by a third party; (vi) Your access to the Rendr App will be free from interruptions, errors, computer viruses or other harmful components; and/or (vii) any information obtained in response to questions asked through the Rendr App is accurate or complete.
2) RENDR APP USE RESTRICTIONS AND PRIVACY
(a) You may not otherwise use, modify, copy, print, display, distribute, publish, or sell any information including Content from the Rendr App, without our express, prior, written consent.
(b) You agree not to reverse engineer, modify, disable, or decompile the Rendr App.
3) USER ACCOUNT, PASSWORD, AND SECURITY
(a) In order to access certain types of features, the Content and the User Content available through the Rendr App, We require the creation of a username and password after setting up a User Account.
(b) You are responsible to protect the privacy of Your username and password (Log In Information), and User Account information. You agree to (i) immediately notify Us of any unauthorized use of Your username, password, User Account, or any other breach of security, and (ii) ensure that You exit from your User Account at the end of each session. While We provide certain encryption technologies and use other reasonable precautions to protect Your confidential information and provide suitable security, We do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception, or error.
(c) In creating and using Your User Account for use on the Rendr App, You agree to (i) provide true, accurate, current, and complete information about yourself on any registration form required for the Rendr App (such information being the “Registration Data”); (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete; and (iii) maintain and promptly update payment information to keep it true, accurate, current, and complete. Providing any information that is untrue, inaccurate, not current, or incomplete is a breach of this EULA. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, then We have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
(d) Users may request transfer of their User Accounts by contacting Rendr as provided below, or, in the case of businesses with multiple users, have accounts transferred by a systems administrator of the business. Users are obligated to take preventative measures to prohibit unauthorized users from accessing the Rendr App using your Log In Information.
4) ACCOUNT DEACTIVATION
We reserve the right to deactivate or cancel a User Account in our sole discretion, including for the following reasons: (i) You request such deactivation; (ii) You are in breach of this EULA, and do not cure all such breaches within 15 business days (except for the following: Your posting of libelous, slanderous, obscene, pornographic or defamatory; your use of the Rendr App in a manner which we believe violates any law or regulation, may harm public safety or public health in which case there is no opportunity for you to cure all such breaches) , (iii) you are deceased; (iv) you do not respond to repeated communication attempts regarding the status of your User Account; (v) you reside in or relocate to a country where use of a User Account is prohibited under applicable law; (vi) Your use of the Rendr App violates any laws or regulations; (vii) You transmit libelous, obscene, slanderous, defamatory or pornographic materials over the Rendr App; (viii) you act in a fraudulent or an inappropriate manner while using the User Account; (ix) You fail to pay Us for any of our services..
5) USE AT YOUR OWN RISK
You agree to use the Rendr App at your sole risk and responsibility and that we shall have no liability to you or others for material posted by you or others.
6) LEGAL COMPETENCY
You affirm that you are more than 18 years of age and are fully able and competent to enter into the agreements required to use the Rendr App including EULA, conditions, obligations, affirmations, representations, and warranties set forth in this EULA, and to abide by and comply with this EULA. You affirm that you own your building or space within a building , and have full authority to contract with a licensed contractor to complete your proposed home improvement project. You affirm that this EULA does not conflict with any other agreements that you have entered into.
7) NO WARRANTIES FOR CONTENT OR USER CONTENT
(a) The Rendr App is provided to You so that You may enter photos and/or data into the Rendr App regarding any room in your building for the purposes of sharing this information with one or more licensed contractors that may provide estimates to you on various improvement projects. The Rendr App may in the future permit the submission of various forms of content submitted by You and other users, such as materials, statements, reviews, ratings, opinions, personal accounts, documents, images, graphics, logos, designs, videos, text files, audio files, and comments (collectively, “User Content”). WE DO NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY USER CONTENT.
(b) We do not warrant or represent that: (i) the Content and/or the User Content is fair, accurate, or complete; (ii) the Content and/or the User Content is up-to-date or current; (iii) we have any obligation to update any Content; (iv) the Content and/or the User Content is free from technical inaccuracies or programming or typographical errors; (v) the Content and/or the User Content is free from changes caused by a third party; (vi) any information obtained in response to questions asked through the Rendr App is accurate or complete; and/or (vii) the Content and/or the User Content are non-infringing of any third party’s intellectual rights.
(c) You shall be solely responsible for Your User Content, and the consequences of posting or publishing it on the Rendr App. By providing User Content to the Rendr App You hereby grant Us a worldwide, non-exclusive, royalty-free, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, republish, and perform the User Content in connection with the Rendr App (and our respective agents, affiliates’ and successors’) including, but not limited to, publication of any portion or all of the User Content in any other audio-visual work, in any medium or format, anywhere in the world. You also hereby grant Us a worldwide, non-exclusive, royalty-free, irrevocable, and sublicensable license to copy, modify, use, reproduce, distribute, publish, republish, and prepare derivative works of, display and perform your User Content as permitted under this EULA.
(d) You acknowledge that We do not pre-screen User Content and that We shall have the right (but not the obligation) in our sole discretion to refuse, move, and/or remove any User Content that You make available on or through the Rendr App. You also consent that all User Content that you post to the Rendr App will at all times be available to us. Without limiting the foregoing, we shall have the right to remove any User Content that violates this EULA or is otherwise objectionable, including reviews and ratings that portray Us in a negative light.
(e) You agree to not use the Rendr App to: (i) upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, bullying, tortious, false, defamatory, vulgar, obscene, pornographic, sexually explicit, defamatory, invasive of another’s privacy, hateful, or racially, sexually, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity, including, but not limited to, an official or an employee of HomeQuote; (iv) falsely state or otherwise misrepresent Your affiliation with any person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Rendr App; (vi) upload, post, email, transmit, or otherwise make available any User Content that You do not have a right to make available under any law or under contractual relationships; (vii) upload, post, email, transmit, or otherwise make available any User Content that infringes any intellectual property rights including patent, trademark, trade secret, copyright, or other proprietary rights of any party, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant us and other users of the Rendr App all of the license rights granted herein; (viii) upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, spam, phishing schemes, pyramid schemes, or any other form of solicitation; (ix) upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (x) interfere with or disrupt the Rendr App or any of the servers or networks connected to the Rendr App, or disobey any requirements, procedures, policies, or regulations of networks connected to the Rendr App; (xi) intentionally or unintentionally violate any applicable local, state, national, or international law; (xii) stalk or otherwise harass another; or (xiii) collect or store personal data about other users.
(f) You acknowledge and agree that, in addition to the other uses set forth in this EULA, We may preserve User Content and may also disclose User Content to various licensed contractors in your state, as well as any applicable federal or state agency regulating the business of home improvement, if required to do so by law, regulation or order of any court, including an administrative law court.
(g) You acknowledge that We may (i) respond to claims that any User Content violates the rights of any third parties; or (d) take down User Content to protect the rights, property, or personal safety of the public as determined in Our sole discretion.
(h) We do not endorse any Contractor Content or User Content or any opinion, recommendation, or advice expressed therein, and We expressly disclaim any and all liability in connection with Contractor Content and User Content. We do not knowingly permit copyright infringing activities and infringement of intellectual property rights on the Rendr App, and we will remove all Contractor Content and User Content if properly notified that such Contractor Content or User Content infringes or may infringe on another’s intellectual property rights. We reserve the right to remove Contractor Content and User Content without prior notice. Without limiting our right to cause the termination of a User Account for any or no reason, we will also cause the termination of a User Account if You are determined to be a repeat infringer. A repeat infringer is a user of the Rendr App who has been notified of infringing activity more than twice and/or has had User Content removed from the Rendr App more than twice. We also reserve the right to decide whether User Content is appropriate and complies with this EULA for violations other than violations of intellectual property law, such as, but not limited to, obscene or defamatory material. We may remove such User Content and/or cause the termination of Your access to the Rendr App for uploading such material in violation of this EULA at any time, without prior notice, and at our sole discretion. You acknowledge and agree that we may disclose your identity in connection with any claim of an intellectual property violation.
8) NO WARRANTIES FOR THE RENDR APP
(a) When using the Rendr App, information will be transmitted in such a way that may be beyond our control. As such, we make no warranty concerning the delay, failure, interruption, or corruption of any data, the Content, the User Content, or other information transmitted in connection with the use of the Rendr App. YOU EXPRESSLY AGREE THAT YOUR USE OF THE RENDR APP IS AT YOUR SOLE RISK. IN THE RENDR APP, THE CONTENT AND THE USER CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY FO QUALITY OF COMPUTER PROGRAMS, THE IMPLIED WARRANTY OF ACCURACY OF INFORMATIONAL CONTENT, AS WELL AS THE IMPLIED WARRANTY OF SYSTEM INTEGRATION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE RENDR APP, THE CONTENT, AND THE USER CONTENT, OR ANY SERVICES OFFERED IN CONNECTION WITH THE RENDR APP, ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE RENDR APP, OR THE SERVERS USED IN CONNECTION WITH THE RENDR APP, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE RENDR APP, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE RENDR APP AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE WITH ANY SOFTWARE USED IN RUNNING THE RENDR APP.
You agree to defend, indemnify, and hold harmless Us and our directors, officers, employees, and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) Your failure to comply with this EULA; (ii) Your breach of your obligations under this EULA; (iii) Your use of the rights granted hereunder, including without limitation any claims made by any third parties; (iv) any claim that any content inputted by You into the Rendr App is inaccurate; (v) any claim that any content inputted by You into the Rendr App violates any law or regulation; and/or (vi) any claim that Your User Content caused damage to a third party.
10) YOUR RESPONSIBILITIES
You are responsible for establishing such procedures as you deem appropriate to verify the accuracy of data transmitted hereunder (and we will have no obligation to verify the accuracy of such data). You acknowledge and agree that by providing the Rendr App hereunder, We are not rendering insurance services, or surety bonding services.
11) LIMITATION OF LIABILITY
IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE RENDR APP AND/OR ANY CONTENT AND/OR USER CONTENT PROVIDED IN CONNECTION WITH THE RENDR APP OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE RENDR APP AND/OR ANY CONTENT AND/OR USER CONTENT. WE SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED THE AMOUNT YOU PAID TO US FOR YOUR USE OF THE RENDR APP DURING THE PAST TWELVE (12) MONTHS. WE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE CAUSED BY YOUR USE OR MISUSE OF THE RENDR APP, THE CONTENT, AND/OR THE USER CONTENT. REMEDIES UNDER THIS EULA ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS EULA.
12) THIRD PARTY CONTENT AND THIRD PARTY APPLICATIONS.
(a) We may provide hyperlinks to other websites maintained by third parties, or may provide third party content on the Rendr App by framing or other methods (collectively, “Third Party Content”). In addition, the Rendr App may include certain applications, features, programs, and services provided by third parties (collectively, the “Third Party Applications”). We do not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. Links to third party websites, any third party content, and any third party applications may be provided for your convenience and information only. The content on any linked website or in any third party application is not under our control and, just as with the Rendr App, we are not responsible for the content of linked websites and/or third party applications, including any further links contained in a third party website. We make no representations or warranties in connection with any third party content or third party applications, which at all times and in each instance are provided “as is.” Third party applications may be subject to additional EULA and conditions or agreements between you and the provider of such third-party applications as may be provided to you in connection therewith, and you agree to fully comply with all such additional EULA, conditions, and agreements. If you decide to access any of the third party websites linked to the Rendr App, any third party content, and/or any third party application, you do so entirely at your own risk.
(b) If a third party links or refers to the Rendr App, it is not an indication of an endorsement, authorization, sponsorship, affiliation, trademark license agreement, joint venture, or partnership by or with Us. In most cases, We are not even aware that a third party has linked or referred to the Rendr App. A third party website that links to the Rendr App: (i) may link or refer to, but not replicate, the Content and/or the User Content; (ii) may not create a browser, border environment, or frame the Content and/or the User Content; (iii) may not imply that We are endorsing it, sponsoring it, marketing on behalf of it, or its products or services; (iv) may not misrepresent its relationship with Us; (v) may not present false or misleading information about Our products or services; and (vi) should not include content that could be construed as distasteful, offensive, or controversial.
13) INTELLECTUAL PROPERTY
(a) The Rendr App and the Content of the Rendr App is intellectual property owned, controlled, and/or licensed by HomeQuote, Inc. and is protected by applicable intellectual property laws, including patent, trademark, and copyright laws. No portion of the Rendr App, Content, and/or the User Content may be reproduced, reverse engineered, modified, or disassembled in any form or by any means, except as provided in this EULA.
(b) We are the copyright owner and/or authorized licensee or are otherwise permitted to use, all trademarks, service marks, and logos used and displayed on the Rendr App in all media whether now known or hereinafter invented, by all means, methods, and processes, whether now known or hereinafter, including complete and entire interactive rights and rights to derivative works.
(c) All trademarks and service marks of Us, or our subsidiaries or affiliates, that may be referred to on the Rendr App are the property of Us, or one of our subsidiaries or affiliates. Nothing on the Rendr App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our, or our’s subsidiaries or affiliates, trademarks, service marks, or copyrights without our’s prior written permission.
(d) Neither the name of HomeQuote, the Rendr App, our subsidiaries or affiliates, nor any of our other trademarks, service marks, or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity, or promotional materials, without our prior, written permission.
14) COPYRIGHT COMPLAINTS
When notifying us of potential infringement, you must include the following:
- identification of the copyrighted work(s) claimed to have been infringed. If multiple copyrighted works, then a representative list of such works on the Rendr App;
- identification of the supposedly infringing material that is to be removed;
- information reasonably sufficient to permit Us to locate the material on the Rendr App;
- contact information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, or email address;
- a statement that the complaining party has a good faith belief that the use of the material is infringing and/or not authorized by the copyright owner, its agent, or the law;
- a statement that, under penalty of perjury, the information in the notification is accurate and where relevant that the complaining party is authorized to act on behalf of the copyright owner; and
- the signature, physical or electronic, of the copyright owner or a person authorized to act on his or her behalf.
(b) A provider of content subject to a claim of infringement may make a counter notification. To file a counter notification with us, please provide the DMCA Agent with a written communication containing the following:
- identification of the supposedly infringing material that is to be removed;
- a statement that, under penalty of perjury, You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent; and
- the signature, physical or electronic, of You or a person authorized to act on your behalf.
(c) We will promptly provide the party that provided the notice of claimed infringement with a copy of the counter notification and notify the complaining party that We may restore the removed or disabled content after fourteen (14) days from the date of the notice, unless We receive notice that a lawsuit has been filed. Until that time, Your materials will remain removed or disabled.
Notices of alleged infringement must be sent by electronic mail to “Copyright Infringement” to email@example.com and by certified mail to HomeQuote Inc., Suite C, 3273 Pine Orchard Lane, Ellicott City, Maryland 21042. Attn: DMCA AGENT.
(d) Before filing such a notification, make a careful determination as to whether or not the use of the material at issue is or may be protected by the “fair use” doctrine. You could potentially be held liable for costs and attorney’s fees should you file a takedown notice where there is no infringing use. If you are unsure whether there is an infringement, it may be advisable to seek legal counsel.
15) TERMINATION OF SERVICE
We may terminate your right to access secured portions of the Rendr App at any time, without notice, if you are in breach of this EULA, for conduct that we believe violates this EULA and/or is harmful to other users of the Rendr App, to Us, to our members, to the contributors, to the business of our Internet service provider, or other information providers.
16) ADDITIONAL REMEDIES
You acknowledge that if your conduct is inconsistent with the provisions of this EULA may cause Us irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that We may seek injunctive or other equitable relief seeking to restrain such conduct without the necessity of proving actual harm or posting a bond.
17) GOVERNING LAW AND JURISDICTION
Except as otherwise expressly provided in this Agreement, You agree that all matters relating to your access to, or use of, this website shall be governed by the laws of the State of Delaware. Except as otherwise expressly provided in this Agreement, You agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts in the State of Delaware, with respect to such matters.
18) EXPORT CONTROL LAWS
You may not use or export the Content or materials on the Rendr App in violation of U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
This Agreement constitutes the entire agreement of the Parties and supersedes all prior written or oral agreements between the Parties. This Agreement may not be assigned by either Party, without the express written consent of the other. Each Party to this Agreement is an independent contractor, and neither Party is an agent, employee, joint venture, or partner of the other.
If you have any questions about this EULA, the Rendr App, or any other agreements governing Your use of the Rendr App, please contact us at firstname.lastname@example.org.