Agreement to Terms
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of another individual (such as your family member) or entity, you represent and warrant that you have the authority to bind that person, company or other legal entity to these Terms. In that case, “you” and “your” will refer to that other person, company or other legal entity.
YOU ACKNOWLEDGE AND AGREE THAT RENEW IS NOT AN INSURANCE COMPANY AND THAT OUR SUGGESTIONS FOR USERS OF INSURANCE AND RELATED PRODUCTS OFFERED BY THIRD PARTIES ARE NOT A SUBSTITUTE FOR INSURANCE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES AND NO MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES WILL BE CONSTRUED AS A RECOMMENDATION TO CANCEL ANY OF YOUR EXISTING INSURANCE OR PROCUREMENT OF NEW INSURANCE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ASSUME ALL RISK ARISING FROM SWITCHING YOUR INSURANCE POLICIES TO INSURANCE POLICIES ABOUT WHICH YOU LEARN VIA THE SERVICES AND RENEW DISCLAIMS ALL LIABILITY IN THIS REGARD.
Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then, except as otherwise provided under the Section titled “Effect of Changes on Arbitration,” you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTIONS) TO RESOLVE ANY DISPUTE BETWEEN YOU AND RENEW THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY THE DISPUTE RESOLUTION SECTION BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
Who May Use the Services
You may use the Services only if you are 18 years or older and capable of forming a binding contract with Renew) and are not barred from using the Services under applicable law.
Registration and Your Information
If you want to use certain features of the Services you’ll have to create an account (“Account”) and provide us certain information, such as your name, your e-mail address, your date of birth, and your zip code.
It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at [email protected]. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Content and Data Rights
For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that we post, generate, provide or otherwise make available through the Services by or on behalf of Renew; and (ii) “User Data” means any content or information that you submit to Renew through the Services.
Renew does not claim any ownership rights in any User Data and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Data. Subject to the foregoing, Renew and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Data Granted by You
By making any User Data available to us you hereby grant to Renew a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, for Renew to use, copy, modify (for formatting purposes only), publicly display, publicly perform and distribute your User Data in connection with operating and providing the Services and Content to you and to other Account holders.
You are solely responsible for all your User Data. You represent and warrant that you own all your User Data or you have all rights that are necessary to grant us the license rights in your User Data under these Terms. You also represent and warrant that neither your User Data, nor our use of your User Data pursuant to the license you grant us on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove some of your User Data, and change your opt in/out preferences for contact methods associated with your Account via the functionality provided on the Settings page on your user profile or by e-mailing us at [email protected] with your request. However, in certain instances, some of your User Data (such as the personal data that you submit to Renew) may not be completely removed and copies of your User Data may continue to exist on the Services. Further, certain information, such as your e-mail and birthdate, is essential for your continued use of the Services, and removal of such information may interfere with your access to the Services and may result in cancellation of your Account. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Data.
Rights in Content Granted by Renew
Subject to your compliance with these Terms, Renew grants you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download, view, copy, and display the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
You agree that in order to provide customer support services to you, we or our third party service providers may need to receive information to view your interaction with our Site in order to provide such customer support to you.
Don’t Mistreat Us or Abuse Our Services
You agree to respect our rights, including intellectual property rights. We forbid you from doing the following, and you agree to refrain from doing or attempting the following: (a) to access or tamper with non-public areas of our Services, our computer systems, or the systems of our technical providers; (b) to access or search our Services by any means other than the currently available, published interfaces that we provide; (c) to forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use our Services to send altered, deceptive, or false source-identifying information; or (d) to interfere with, or disrupt, the access of any user, host, or network, including by sending a virus through, overloading, flooding, spamming, or mail-bombing our Services, or by scripting the creation of material or user accounts in a manner that interferes with, or creates an undue burden on, our Services. You agree not to crawl or use automated scripts on our Services unless you do it in accordance with any express provisions of our robots.txt file, but in any event scraping the Services or any material on it is prohibited and unauthorized.
You agree not to take any action on the Services that infringes or violates someone else’s rights or otherwise violates the law. Without our express written consent, you will not use, display, mirror or frame the Services or any individual element within the Services; our name, any of our trademarks, logos, or other identifiers; any of our proprietary information; or the layout and design of any page or form contained on any page or display on our Services. Although we’re not obligated to monitor access to or use of the Services, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content and User Data, at any time and without notice, for any reason or no reason. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Renew respects copyright law and expects its users to do the same. It is Renew’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
We accept proper notifications of claimed copyright infringements that comply with the appropriate subsection of 17 U.S.C. § 512 regarding material or information location tools residing on our Services. Please direct notifications of claimed copyright infringements to us at the address below:
Attn: Legal Department (Copyright Notification)
1411 5th St., Suite 300
Santa Monica, CA 90401
Third-Party Services and Linked Websites
Renew may provide tools through the Service that enable you to export information to third party services. By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under our control, and you agree we are not responsible for their content.
We may modify or terminate your access to and use of the Services or any part or aspect of it, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at [email protected]. Upon any termination, discontinuation or cancellation of Services or of your Account, we may keep your User Data in accordance with applicable law and the following provisions of these Terms will survive: Feedback, Content and Data Rights, Data Matters, Telephonic Communications, Third-Party Services and Linked Websites, Termination, Warranty Disclaimers, Indemnity, Limitation of Liability, Dispute Resolution, and General Terms.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES AND NO MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING RENEW OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, YOUR DEALING WITH ANY OTHER USER OF THE SERVICES, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
Limitation of Liability
NEITHER THE RENEW ENTITIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT THE RENEW ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL THE RENEW ENTITIES’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO RENEW FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO RENEW, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RENEW AND YOU.
These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth under the Section titled “Dispute Resolution for Consumers,” the exclusive jurisdiction for all Disputes (defined below) that you and Renew are not required to arbitrate will be the state and federal courts located in Los Angeles, California, and you and Renew each waive any objection to jurisdiction and venue in such courts.
Dispute Resolution Process
(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, User Data, or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. However, if for any reason a Dispute proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.
(b) Exceptions and Opt-out. As limited exceptions to subsection (a) above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at [email protected] or by regular mail at Renew.com Inc., Attention: Legal Department (Arbitration Opt-out), 1411 5th St., Suite 300, Santa Monica, CA 90401 within thirty (30) days following the date you first agree to these Terms.
(c) Starting Arbitration. If you want to begin arbitrating a Dispute, you must send a letter to us at the following address Renew.com Inc., Attention: Legal Department, 1411 5th St., Suite 300, Venice, CA 90401 requesting arbitration and describing the Dispute. If we want to begin arbitrating a Dispute, we’ll send such a letter to you at the email address or street address that you provided.
(d) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) or a comparable arbitral body (e.g., JAMS), in the event the AAA is unable to conduct the arbitration). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration may be conducted in writing, remotely (e.g., by videoconference) or in-person in the county where you live (or at some other location that we both agree to).
(e) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
(f) Effect of Changes on Arbitration. Notwithstanding the provisions of the Section titled “Changes to Terms or Services” above, if Renew changes any of the terms of this Section titled “Dispute Resolution” after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to [email protected]) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Renew’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Renew in accordance with the terms of this Section titled “Dispute Resolution” as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms)
These Terms constitute the entire and exclusive understanding and agreement between Renew and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Renew and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Renew’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Renew may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Renew under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; (ii) by posting to the Services or (iii) by any other method we deem to be reasonably sufficient to effectuate notice. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Any notice you provide us under these terms shall be considered given on the date we actually receive the notice.
Renew’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Renew. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services, please contact Renew at [email protected].