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Terms of Use

Effective December 16, 2024

1. Acceptance of Terms

Innago, LLC (referred to as “Company,” “us” or “we”), provides the innago.com website (https://innago.com/) and the Innago mobile application (collectively referred to as the “Site”). We provide the Site and services offered on the Site (referred to as “Services” or “Offerings” or the “Platform” defined further herein), subject to your compliance with these Terms and Conditions of Use (“Terms”), as well as any other written agreement(s) between us and you including our Privacy Policy.

We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that you are responsible to periodically review the Site and these Terms. You acknowledge and consent that your continued use of the Site and Offerings after such modifications will constitute acceptance of the modified Terms.

As used in these Terms, references to our “Affiliates” include our owners/members, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, in their individual and business capacities, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Site and/or contents and Offerings available on the Site.

BY REGISTERING AND/OR USING THE SITE AND OFFERINGS ON THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT THE SITE IMMEDIATELY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, PRODUCTS, OFFERINGS, OR OFFERINGS AVAILABLE ON THE SITE, OR THESE TERMS IS TO CEASE USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS, OFFERINGS OR OFFERINGS.

2. Equal Housing Opportunity

Innago is committed to ensuring everyone is treated fairly and respectfully. We expect all users to comply with local, state and federal fair housing laws, including those laws that expressly protect individuals based on sexual orientation, gender identity and/or expression, source of income, veteran status, disability, marital status or age. We also strongly encourage our users to look beyond fair housing laws and treat others without prejudice.

By using our Services, Landlords and property managers agree to adhere to all applicable federal, state and local fair housing laws.

3. Service Offerings Information

a. Offerings Platform: The Company provides a technological Platform where people or entities that wish (and have the right) to rent or lease or sublet their properties (“Landlords”) may propose to us property rental listings (“Listings”) and may accept/offer and manage such Listings and/or leasing services, including, but not limited to, certain payment and property management repair services through the Site and/or Platform. The Company also provides people who wish to rent or lease or sublease such properties (“Renter(s)”) listed by such Landlords a Platform where they may search for, obtain information regarding, and potentially arrange and complete rental transactions for such property Listings and potentially use the Site and/or Platform to pay a Landlord or other property service provider and initiate service and repair requests

b. Offerings Credit Report: A Landlord may request you to submit information regarding your background and credit history (“Screening Services”). Within the Screening Services your personal information shall be submitted to Experian plc (“Experian”) or TransUnion LLC (“TU”). Experian or TU will subsequently provide Landlord consumer reporting information and background data as those terms are defined under the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. §1681-1681y. Innago is not the provider of consumer reporting information and background data in the Application process, does not verify the consumer reporting information and background data, and does not guarantee or warrant the consumer reporting information and background data.

  • LANDLORD ACKNOWLEDGES LANDLORD IS A USER OF A CONSUMER REPORT AND THEREFORE MUST COMPLY WITH THE FCRA. IT IS LANDLORD’S SOLE RESPONSIBILITY TO COMPLY AND MAINTAIN ALL RECORDS DEMONSTRATING YOUR COMPLIANCE WITH THE FCRA, INCLUDING BUT NOT LIMITED TO AN ADVERSE ACTION OR THE NONACCEPTANCE OF A POTENTIAL RENTER WHEN SUCH DECISION WAS MADE RELYING ON INFORMATION IN A CONSUMER REPORT. YOUR RESPONSIBILITIES MAY BE FOUND HERE: https://www.experian.com/connect/legal/fcra-obligations.

c. Offerings Third Party Products:

  1. Renter may be offered the opportunity to purchase products from third parties on the Site. Renter’s purchase of the third party product is at Renter’s sole expense. Any such purchase of a third party product, including the delivery of and the payment for goods and services by and to those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the third party. We assume no liability, obligation, or responsibility for any such purchase.
  2. Landlord may be offered the opportunity to integrate third party products into the Site. Landlord’s use of the third-party products is undertaken at Landlord’s expense and subject to any applicable agreement of third party’s terms and conditions of use or consents. Landlord agrees to abide by any applicable terms and conditions of third-party licensing or other agreements. We assume no liability, obligation or responsibility for Landlord’s use, or misuse, of the third party products.

d. Nature of Offerings. You acknowledge and agree that:

  1. The Company does not participate in any actual lease transactions, including, without limitation, negotiations, discussions, or proposals, and you expressly waive any requirement that purports to impose on the Company an obligation to perform any services other than those it expressly undertakes.
  2. The Company does not render legal, brokerage, or other professional advice or services to either its Renter or Landlord customers or any entity that accesses the Site or uses the Offerings.
  3. The Company is not undertaking any, and has no, duties to either Renters or Landlords, including, without limitation, the obligation to inspect rental properties, to verify the veracity of information in an advertisement, or to interview or otherwise screen Landlords or Renters.

e. No Guarantee. Although Company works diligently to provide quality Offerings, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site or Offerings available on the Site.

f. Temporary Interruptions. You understand and agree that temporary interruptions of the Site may occur that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Offerings. You agree that the Offerings available on the Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

g. Creation of Applications.If you create Applications or Screening Services as part of your use of the Offerings, you acknowledge and agree that Innago will not be monitoring the specific sections you add to the Applications or Screening Services template. As such, you represent and warrant that you will not add/create/include any sections in or to the Applications or Screening Services template that will require Renters or prospective Renters to provide their social security number, driver’s license number, and/or other personally identifiable information/private personal information (“PPI”). You acknowledge and agree that Innago is not liable for any damages to a Renter or to any other party for any unauthorized disclosure or breach of information that you collect in violation of this section. You acknowledge and agree that you are solely and completely liable for any damages to a Renter or to any other party for any unauthorized disclosure or breach of information collected by you in violation of this section, and you hereby agree to defend, indemnify, release, and hold harmless Innago for any claims brought against or damages assessed against Innago arising out of such actions.

h. Use of chat feature. You acknowledge and agree that the Offerings allow you to use a (“Chat”) feature. You acknowledge and agree that Innago does not monitor your use of the Chat feature. In using the Chat feature, you acknowledge and agree that you shall not request from anyone nor provide anyone sensitive information through the Chat feature, including but not limited to social security numbers, birth dates, financial account numbers, drivers’ license numbers, or any other PPI. You acknowledge and agree that Innago is not liable for any damages to any user or to any other party for any unauthorized disclosure or breach of information disclosed in violation of this section. You acknowledge and agree that you shall be solely and completely liable for any damages to any user or to any other party for any such unauthorized disclosure or breach and for any claim asserted by a user under any federal or state law that arises, relates to, or concerns any invasion of privacy, and hereby you agree to defend, indemnify, and hold harmless Innago for any such claims brought against Innago arising out of your violation of this section.

i. Mobile Device Offerings.If we provide the Services as an application for mobile devices (“Application”), then subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. We reserve all rights in the Application not expressly granted to you by these Terms. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. If you access the Services via an application on a device provided by Apple, Inc. (“Apple”) or an Application obtained through the Apple App Store (each, an “Apple Store Sourced Application”), these provisions apply:

  1. We both acknowledge that these Terms of Service bind you and us only, not Apple, and that Apple is not responsible for the Application or the Content;
  2. The Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to these Terms of Service that apply to the Services;
  3. You will only use the Application in connection with an Apple device that you own or control;
  4. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
  5. If the Application fails to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund you the purchase price, if any, of the Application;
  6. You acknowledge and agree that we, and not Apple, are responsible for addressing any claims you or any third party may have regarding the Application;
  7. You acknowledge and agree that, if any third-party claim is made that the Application (or your possession and use of the Application) infringes that third party’s intellectual property rights, we, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
  8. In accessing the Site, you represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
  9. We both acknowledge and agree that, while accessing or using the Application, you will comply with any applicable terms of third-party agreements that may affect or be affected by such access or use; and
  10. We both acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Service, and that upon accepting these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as the third-party beneficiary hereof.

4. Payment

a. Payment Provider: To use the Site and Platform’s payment functionality, you must both open an account provided by a payment provider, Dwolla, Inc. or Checkbook (“Payment Provider”) and accept Payment Provider’s respective Terms and Conditions and Privacy Policy. Dwolla holds any funds in the Dwolla account by Dwolla’s financial institution partners as set out in Dwolla’s Terms of Service. You authorize us to share your identity and account data with Payment Providers for the purposes of opening and supporting your Payment Provider account, and you are solely responsible for the accuracy and completeness of that data. You understand and agree that you will access and manage your Payment Provider account through the Innago application, and we, not the Payment Provider, will send Payment Provider account notifications. We will provide customer support for your Payment Provider account activity, and we can be reached at https://innago.com, support@innago.com and/or 513-964-0172. For the avoidance of doubt, the Company is not a party to the transactions entered into by users of the Site and users’ sole recourse for fraudulent activity is against the applicable counterparty to such transaction entered into (as discussed below). Fees: The Company may charge you a fee to use the Services and will disclose the fee to you prior to processing your transaction (“Transaction Fees”). The Company charges Transaction Fees for providing the value-added Services as described herein. The Company retains the sole discretion to change the Transaction Fees. In some instances, Landlords shall have sole discretion to determine whether Landlord or Renter is responsible to pay the Transaction Fee. If Landlord is responsible, the Transaction Fee will be deducted from the amount sent forth as a credit to the bank account assigned by Landlord for the express purpose of collecting the submitted amount. If Renter is responsible, the fee shall be added on and included in the cost of all payments (including security deposits and rental payments) made between Renter and Landlord. If not otherwise stated, Landlord is responsible for the Transaction Fee. Either Renter or Landlord must pay the Transaction Fee when Renter pays such lease payments or, security deposit payments to Landlord consummating the transaction. Our Transaction Fee is not fixed by statute and is a competitive rate and reasonable for the Services. You acknowledge and agree that you must pay us the Transaction Fee as set forth above even if Renter and Landlord complete a rental transaction for Listing independent of the Site or Service. Please note that any payment terms presented to you in the process of using or signing up for a Service are deemed part of these Terms.

b. Payment and Billing: Except as otherwise set forth above, Renters and Landlords must pay us for Services as and when reasonably requested by us. Amounts you owe to third parties (e.g. for rent, Screening Services, renter’s insurance and utility bills) shall be payable as mutually agreed between you and the relevant other party. If we collect any such Screening Services expenses, application processing fees or the like, we will inform you of the payment terms applicable thereto separately, and you shall pay us as specified in such terms. We may use the Payment Provider to bill you through a payment account linked to your account on the Services (your “Billing Account”) for use of the paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Provider in addition to these Terms. We are not responsible for the Payment Provider’s errors or omissions. By choosing to use our Services, you agree to pay us, through the Payment Provider, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms. You also authorize us, through the Payment Provider, to charge your chosen payment source (your “Payment Method”). You agree to pay using that selected Payment Method. We reserve the right to correct any errors, omissions or mistakes that it makes even if it has already requested or received payment. Any amounts found due and owing to Renter will be submitted as a credit to the Renter Billing Account.

c. Payment Method: The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If Renter chooses to pay by means of credit card or debit card, there will be assessed an additional convenience fee (“Convenience Fee”) disclosed to Renter when it pays. Renter must affirmatively agree to incur the Convenience Fee if Renter is responsible to pay said fee. If the Company, through the Payment Provider, does not receive payment from Renter, Renter agrees to pay all amounts due on Renter Billing Account upon demand.

d. ACH Payments: When submitting a payment using the Automated Clearing House (“ACH”) payment method, Renter authorizes the Company to debit the bank account listed in the submission form in the amount indicated. Renter certifies that they are authorized to submit a debit to the listed bank account in the agreed upon amount. If the submitted information is proven to be fraudulent in any way, Renter will be held responsible for any and all penalties (including, but not limited to, legal and financial). Renter understands that because this is an electronic transaction, these funds may be withdrawn from the submitted account as soon as the transaction date triggers in the ACH form.

If an ACH transaction is rejected for non-sufficient funds (“NSF”), Renter understands that the Company may demand payment and/or attempt to process the charge again within thirty (30) days. The Company may charge an additional $25 fee for each ACH transaction returned due to NSF. Renter acknowledges that the origination of ACH transactions to their account must comply with U.S. law. Renter will be notified via email of a successful submission; however, this notification does not certify that the Company has successfully collected the funds, only that the submission has been recorded. Renter will also receive an invoice record (“Invoice Record”) indicating the date, method, and amount of the transaction. Renter will defend, release, indemnify and hold harmless the Company debiting their checking/savings account, as long as the transaction corresponds to the then current web form’s terms at the time of submission, and as stored and readily accessible in the Invoice Record. The Company reserves the right to engage a third party to authenticate balances in Renter’s bank account.

e. Card Payments: When paying by credit card or debit card (the “Card”), Renter authorizes the Company to submit the payment authorization in the amount indicated. Renter certifies that they are authorized to use the Card. Renter understands Card payment information will be submitted on the transaction date in the Card authorization form and Card information will be retained for future transactions. If the information submitted is proven to be fraudulent in any way, Renter will be held responsible for any and all damages or penalties (including, but not limited to, legal or financial).

If a Card transaction is returned for any reason, Renter understands that the Company may demand payment and/or attempt to process the charge again within thirty (30) days. The Company may charge an additional $25 fee for each Card transaction returned. Renter acknowledges that the origination of Card transactions must comply with U.S. law. Renter will receive notification via email of a successful Card submission; however, this notification does not certify that the Company has successfully collected the funds, only that the submission has been recorded. Renter will also receive an Invoice Record indicating the date, method, and amount of the transaction. Renter will indemnify and hold harmless the Company for submitting Card transactions, as long as the transaction corresponds to the then existing web form terms at the time of submission, and as stored and readily accessible in the Invoice Record.

f. AUTHORIZATION: WE MAY SUBMIT TRANSACTIONAL CHARGES TO YOUR ACCOUNT OR CARD WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE COULD REASONABLY ACT.

g. No Refunds or Deductions: Fees paid and/or payable to us are non-refundable for any reason, even if we terminate your account, if you are evicted, or if a Renter does not pay their rent for the Listing. You may not make any deductions from our fees for amounts you might owe to third parties for any reason. You acknowledge and agree that you are solely responsible for the fees, commissions and other charges owed to third parties in connection with any property, and you have no right to deduct such amounts from our fees.

h. Disbursements: Rental payments submitted to us by Renters are held for disbursement to Landlords by the Company on a risk basis in the sole discretion of Company in a non-interest bearing account, at which point the Company will send the rental payment to Landlord. The Company is not responsible for any liability arising from the disbursement of rental payments to an incorrect party if such disbursement was based on information provided by Landlord or Renter. The Company is not responsible for verifying the accuracy of such information at any time.

i. Innago provides “Payment Services” through the use of Payment Providers. Disputed ACH, debit card or credit card payments may be debited from the Billing Account based on regulatory and payment industry standards. Any disputes as to amounts owed are between Landlord and Renter; Renter’s sole recourse for disputed payments is from Landlord. Landlord’s recourse for Renter outstanding amounts due is from Renter. Innago is not liable to Landlord or Renter for outstanding rental payments or amounts due for Offerings from Renters. Innago is not liable to Renter for any disputed rental payments to Landlord. Landlord acknowledges and agrees that Innago is not a guarantor of funds, transactions or payments conveyed through Innago’s services, even if deposited to Landlord’s Payment Provider account; and that the same as may be deposited to Landlord’s Payment Provider account are provisional in nature and are subject to reversal if Renter exercises rights under the payment system utilized for a transaction, e.g., the Card Association Rules for credit card transactions, banking laws and regulation for debit transactions and NACHA Rules for ACH transaction, to initiate a Chargeback, debit card dispute or an ACH reversal entry (for this section, all are “Payment Disputes”). In the case of a Payment Dispute concerning a transaction involving one of Landlord’s Renters, Landlord shall be responsible for contesting and/or resolving the same. Innago agrees to reasonably assist and cooperate with Landlord, if so requested, in contesting a Renter’s Payment Dispute. After learning of a Payment Dispute, Innago has the right, without providing advance notice, to debit from Landlord’s Payment Provider account an amount equal to the funds involved in the Payment Dispute and to hold the same funds until the Payment Dispute is resolved to Innago’s satisfaction. Landlord agrees to take no action to prevent Innago from transferring the same funds to Innago’s control and shall otherwise cooperate, as Innago may demand, in paying over the same funds. Landlord defends, releases, indemnifies, and holds Innago harmless from any liability, claims, expense or damages arising from any Renter initiated Payment Dispute or Innago’s debiting Landlord’s Payment Provider account as described herein. If a Payment Dispute is resolved in Renter’s favor, Landlord agrees not to use Innago’s service to attempt to re-process the same transaction. Innago agrees to reasonably cooperate with Landlord by providing records in Innago’s possession in a subsequent action Landlord may pursue to enforce its contract rights, if any, against the same Renter.

j. Reserve Account: If the Company or the Payment Provider discovers or reasonably believes that these Terms have been violated, including, but not limited to, suspecting that certain account activity of a user is fraudulent, the Payment Provider (either on its own or as requested by the Company) may stop processing certain payments from the user suspected to have violated these Terms, and redirect the payment into a non-interest bearing “Reserve Account.” The Company shall reasonably investigate to identify if such suspected violation has occurred and following resolution, pay the appropriate party entitled to the funds.

k. Taxes: You agree to be and are responsible for withholding, filing, and reporting all taxes (except our U.S. income taxes), duties and other governmental assessments associated with your activity on the Site and/or using the Services, including, without limitation, any payments made or received in connection with a rental transaction. If we are required by federal tax law to collect IRS Form W-9 from certain individuals, including property owners, Landlords, Renters, or sub-tenants of Renters regarding property in the United States, you will promptly comply with any such request for completed forms and relevant information. You understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisers. We cannot and do not offer tax-related advice. Renter is responsible to determine requirements to file Form 1099 and is responsible to file this document with the appropriate authorities. If such Form 1099 is required by law to be submitted by either a Renter or Innago, Renter agrees that it shall make such filing, and submit such filing to Landlord or other appropriate party as determined by law. Each Landlord must determine local indirect taxes and include any applicable taxes to be collected or obligations relating to applicable taxes in Listings.

l. If you choose to purchase any of the Offerings provided on the Site, you agree to pay for each Offering, including all associated fees. Your failure to pay for any Offering may result, in Innago’s sole discretion,: (i) in Innago rejecting the selected Payment Method selected Renter selecting a new Payment Method subject to Innago’s validation and acceptance; and (ii) Innago closing or suspending the account.

m. If Renter pays Landlord outside of the Payment Services, Renter is responsible to ensure such payment is marked as received by Landlord in the Services and not due, payable or in any form outstanding. Failure to ensure such payment is marked as received may result in a record of a late rental payment in the furnishing of data to the credit bureaus per Section 5 below.

n. Landlord agrees to (i) charge Renter only as legally authorized under the agreement between Landlord and Renter; (ii) not use the Payment Services to transfer money in violation of U.S. Anti-Money Laundering laws; and (iii) not use the Payment Services to process payments not associated with amounts legally due from Renter. If Innago determines, in its sole discretion, that a payment violates U.S. Anti-Money Laundering laws or not in accordance with amounts legally due under an agreement, Innago will place said funds in the Reserve Account (described in Section 4.k).

o. Counterparties to Transactions; Indemnification of Company. You agree and acknowledge that the Services provided enable users to interface with other users, transacting with each other through the use of the Company’s Platform that includes the use of the Payment Provider’s services. You understand and agree that the Company is not a party to any transactions entered into between any users of the Services. Further, you understand and agree that except for certain fees (e.g., Transaction Fees), you indemnify, release, and hold the Company fully harmless for any acts or failures of users (including without limitation, users’ fraudulent activity), and shall not pursue legal remedies against the Company for any users’ acts or failures that result in a claim of any kind.

5. Fair Credit Reporting Act

a. Innago offers Renters the opportunity to record Renter payments and submit for credit history purposes. You understand when you sign up for the credit reporting service that Innago only acts as a data furnisher under the FCRA and submits data files to the three credit bureaus, TU, Equifax and Experian on a periodic basis (the “Credit Bureaus”). All activity submitted through the Payment Services is subject to reporting to the Credit Bureaus. The data files submitted by Innago represent your Renter payments using the Payment Services. Any payments submitted through the Payment Services may be reflected in Renter payment history on record at the Credit Bureaus.

b. Innago offers Renters two options for the reporting of Renter payment history to Credit Bureaus. Renters may select: (i) Starter, a free service reporting payment history as occurring in the Payment Services initiated with the first payment after selecting this option; or (ii) Pro, payable $5.99/month, $60/year (one-time payment at enrollment). Renters who select the Pro credit reporting service will have past and future Payment Services transactions reported to Credit Bureaus. You may cancel your Pro credit reporting service at any time. Fees are not prorated or refundable if you cancel the Pro credit reporting service. Landlord may select to report payment history to Credit Bureaus that may not be cancelled by Renter.

c. ACCOUNT INFORMATION REPORTED TO CREDIT BUREAUS. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you think we have reported inaccurate information to a credit bureau, you may write us at: 1308 Race Street, Suite 100, Cincinnati, OH 45202. Renters may verify information regarding the submission of payment information and Renter’s credit score on the Renter Dashboard available on the Platform.

6. Rules Regarding Conduct, Posting Policies & Third Party Websites

a. Renters: If you are a Renter you (i) shall pay for all accommodations rented or leased by you; (ii) shall not manipulate or circumvent our fee structure, the billing process, or fees owed to us, (iii) are solely responsible for complying with the terms of any rental agreement you are party to, (iv) are responsible for your own acts and omissions and those of your guests at the properties that are the subject of the Listings.

b. Landlords: If you are a Landlord, you: (i) represent and warrant that you own the properties that are the subject of your Listing or have all legal and contractual rights to make the Listing available and complete a rental transaction with respect thereto, (ii) shall not store any PII about any other user other than to complete and fulfill a rental transaction, (iii) shall not submit any listing information with false or misleading information, and (iv) are solely responsible for your Listings, your properties, and any rental transactions you enter into, and that none of the foregoing will: (a) breach any agreement or obligation to any third party (including, without limitation, a property rental agreement or HOA agreement), or (b) violate any applicable law, rules or regulations (including, without limitation, anti-discrimination, housing, zoning laws and ordinances and local, state, and federal rental laws). Nothing herein or on the Services shall be considered legal advice and we disclaim all responsibility for your legal compliance obligations. We recommend that you obtain appropriate insurance for your properties to cover the risks associated with being a landlord and renting your property. We reserve the right, at any time and without prior notice, to remove or block any Listing for any reason or no reason.

COMPLIANCE WITH FAIR HOUSING ACT. Landlord agrees that it shall not refuse to display, lease or sublease property posted on the Service to any person due to such person’s race, color, religion, national origin, sex, familial status, physical disability or any other legal protected class of individuals and shall comply with the provisions of the Fair Housing Act (42 U.S.C. §§ 3601 et. seq.), as it may hereafter be amended from time to time, and with all applicable state and local fair housing laws.

c. Renters & Landlords: You shall not: (i) manipulate the price or description of any Listing without proper authorization, (ii) interfere with other user’s Listings, (iii) recruit, solicit or encourage any other user to use third party services or websites that are competitive to ours, (iv) use the Site or Services to find a Listing, Landlord, or Renter and then complete a rental transaction independent of the Site or Services in order to circumvent the obligation to pay any fees related to our provision of the Services, (v) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure, (vi) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services, (vii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services), including through actions or practices that compromise the security, confidentiality, or integrity of the Company’s  cybersecurity measures, such as credential exposure or failure to follow security guidance provided by us to safeguard your account and information, including those that result in, breach the security of, compromise or otherwise allow access to secured, protected, or inaccessible areas of our Services, or attempts to gain access to other network(s) or server(s) via your account on the Site, (viii) run any form of auto-responder or “spam” on the Services; (ix) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site, (x) harvest or scrape any Content from the Services, (xi) otherwise take any action that violates our guidelines and policies, (xii) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any Application), except to the limited extent applicable laws specifically prohibit such restriction, (xiii) modify, translate, or otherwise create derivative works of any part of the Services, or (xiv) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

Further, as a condition for using or continuing to use the Services, you represent and warrant that: (i) upon request, you will provide information and/or documents about yourself that is true, accurate, current, and complete; and (ii) where applicable, advise the Company of any updates to your information to keep it true, accurate, current and complete. You acknowledge that the Company is relying on your representations as a condition of providing you with the Services. If you provide information that is untrue, inaccurate, not current or incomplete, or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company, without limiting any other remedies, reserves the right to suspend or terminate your access to the Services, to an Offering, and to hold any funds that you submitted through the Services. You agree not to use the Service for any illegal purpose or in any manner inconsistent with these Terms. You acknowledge that if required by applicable law, the Company may hold any funds that you submitted through the Services. The Company and its Affiliates are not liable for any damages or losses resulting from untrue, inaccurate, not current or incomplete information provided by a Renter or Landlord.

d. User-Created Content Guidelines: Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for any content or information or posts you leave on the Site. By posting information on the Site or allowing any third party or agent to use or post information on the Site on your behalf, or by otherwise using or having a third party use any communications service, or other interactive service available on the Site, you agree that you will not post comments, messages, links, code or other information that:

  1. is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;
  2. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or any other legally protected category;
  3. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
  4. consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  5. contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;
  6. breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of the Site, or attempts to gain access to other network or server via your account on the Site;
  7. impersonates any person or entity, including any of our employees or representatives; or
  8. engages in any other conduct which, in the Company’s sole discretion, is considered unauthorized or objectionable.

e. No Endorsement: You acknowledge, and understand and agree that we are not a party to any agreement entered into between any users of the Site, whether or not that agreement is provided through the Services, and you acknowledge that you are solely responsible for your own legal review, interactions, correspondence, and transactions with other users of the Services, whether on the Site or Services, in person, or otherwise. Company urges that Renters and Landlords exercise good judgment and common sense, and conduct all necessary, appropriate, and prudent inquiry, investigation, research, and due diligence, and take all necessary precautions when interacting with others or posting content. Company neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Site. Although we do not pre-screen, police or monitor content posted on the Site, we and our agents reserve the right, in our sole discretion, to remove all postings that we determine do not comply with these Terms and any other rules of user conduct for the Site, or that we feel are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such postings.

f. Advertising: Some Services may be supported by advertising revenue, and you hereby agree that we may display advertising, promotions, sponsored listings, and the like on the Site, Services and on, around, and in connection with your Content.

g. Third-Party Sites and Information: The Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every reasonable effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand and agree that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either expresses or implied, of the content.

h. Promotions: From time to time, the Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on the Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

7. Company Intellectual Property

a. Content: For purposes of these Terms, “content” is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on the Site and is owned by Company or its Affiliates.

b. Ownership of Content: By accepting these Terms, you agree that all content presented to you on the Site is protected by any and all intellectual property and/or other proprietary rights available within the United States and is the sole property of Company or its Affiliates. All custom graphics, icons, logos and service names and marks are trademarks or service marks of the Company or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of the Company or its Affiliates.

c. Limitations on Use of Content:Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from the Site in any form or by any means whatsoever without prior written permission from us. Any unauthorized use of Site content violates our intellectual property interests and could result in criminal or civil penalties.

d. No warranty for Third-Party Infringement Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, the Site will not infringe the rights of third parties.

8. Content You Create

a. Your Intellectual Property Rights: Subject to our Privacy Policy, any communication or material that you transmit to the Site or to us, whether by email or other means, for any reason, will be treated as non-confidential and non-proprietary user content (“User Content”). While you retain all rights to the User Content, you grant us (including our employees and Affiliates), a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, publish, translate, adapt, modify, and otherwise use the User Content for any purpose whatsoever, regardless of the form or medium in which it is used.

We respect others’ intellectual property rights and ask you to do the same. In instances where we are notified of allegedly infringing Company-or User Content through our Designated Agent, we may decide to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c). We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification.

If you believe that you or someone else’s copyright has been infringed by Company-or User Content provided on the Site, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to our Designated Agent immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on the Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:

  1. Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
  2. Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holders’ work(s) (for example, file name or URL of the page(s) that contain(s) the material);
  3. The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address);
  4. A statement that the Rights Holder has a good faith belief that the use of the material identified above in 2 is not authorized by the copyright owner, its agent, or the law;
  5. A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
  6. The Rights Holder’s electronic signature

Notice may be sent to:

By Mail:

DMCA Agent

Innago LLC
1308 Race Street
Cincinnati, OH 45202

By e-mail:

support@innago.com

b. Counter-Notification If material that you have posted to the Site has been taken down, you may file a counter-notification with these details:

  1. Identification of the material that has been removed or to which access has been disabled and the location where the material appeared before it was removed or access to it was disabled;
  2. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question
  3. Your name, address and telephone number
  4. A statement that you consent to the jurisdiction of federal district the court situated in Hamilton County, Ohio, and that you will accept service of process from the person who provided notification in compliance with section 512 (c)(1)(C) of the DMCA, or an agent of such person.
  5. Your physical or electronic signature

Notice may be sent to:

By Mail:

DMCA Agent

Innago LLC
1308 Race Street
Cincinnati, OH 45202

By e-mail:

support@innago.com

  1. You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from the Site without liability to you or any other party.

c. Confidential Information: As stated above, your communications to us will be treated as non-confidential and non-proprietary (subject to our Privacy Policy). Please do not submit confidential or proprietary information to us (including patentable ideas, new content suggestions or business proposals) unless we have mutually agreed in writing otherwise. Ideas that we receive unsolicited will be treated as Company-owned property and will not be returned to you.

9. Disclaimer

ALL CONTENT AND OFFERINGS ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT OR OFFERINGS WILL MEET YOUR REQUIREMENTS; (B) THE CONTENT, OFFERINGS OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR OFFERINGS OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT OR OFFERINGS PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

YOU ARE ON NOTICE THAT THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE RESERVE THE RIGHT TO CHANGE, UPDATE, OR MODIFY THE CONTENT AND OFFERINGS AT THE SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR OFFERINGS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE AT THE SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.

THE USE OF THE OFFERINGS OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

While using the Site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any products or services provided by any third party, including, but not limited to the purchase terms, payment terms, warranties, guarantees relating to such transactions, are agreed to solely between you and the seller of such products or services.

WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THE SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY PROVIDED IN CONNECTION WITH ANY OFFERINGS OR CONTENT AVAILABLE ON OR THROUGH THE SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US NOR ANY OF OUR AFFILIATES.

WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE SITE, INCLUDING ANY OFFERINGS OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE, THE ADDITION OF FREE OR FEE-BASED SERVICES, OR CHANGES TO LIMITATIONS ON ALLOWABLE CONTENT, FILE SIZES OR FILE TYPES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT OFFERINGS ON THE SITE SHALL ALSO BE SUBJECT TO THESE TERMS OF USE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE REFER TO THE LAWS IN YOUR JURISDICTION.

10. Limitation of Liability & Indemnification

Your exclusive remedy and our entire liability, if any, for any Claims (as defined below) arising out of these Terms and your use of the Site and our Services is limited to the amount you paid us for Offerings purchased on the Site during the twelve-month (12) period before the act giving rise to the liability.

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, INCLUDING DATA OR FINANCIAL LOSS ASSOCIATED WITH YOUR ACTIONS OR PRACTICES THAT COMPROMISE THE SECURITY, CONFIDENTIALITY, OR INTEGRITY OF THE COMPANY’S  CYBERSECURITY MEASURES, SUCH AS CREDENTIAL EXPOSURE OR FAILURE TO FOLLOW SECURITY GUIDANCE PROVIDED BY US TO SAFEGUARD YOUR ACCOUNT AND INFORMATION, INCLUDING THOSE THAT RESULT IN, BREACH THE SECURITY OF, COMPROMISE OR OTHERWISE ALLOW ACCESS TO SECURED, PROTECTED, OR INACCESSIBLE AREAS OF OUR SERVICES, OR ATTEMPTS TO GAIN ACCESS TO OTHER NETWORK(S) OR SERVER(S) VIA YOUR ACCOUNT THROUGH OUR SERVICES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF THE USE OF THE SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THE SITE.

FURTHER, WE ARE NOT LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR OFFERINGS OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR PUNITIVE, CONSEQUENTIAL, INDIRECT, SPECIAL. OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

You agree to defend, indemnify, release, and hold harmless the Company and its Affiliates for any and all claims (as defined below) arising out of or in connection with (i) your misuse of the Service or the Site; (ii) any breach (or, as to defense obligations only, any alleged breach) of your obligations in these Terms or any breach of your representations, warranties, or obligations set forth in these Terms; and (iii) your negligence, fraud, misrepresentation, willful misconduct, violation of applicable law, violation of card network rules, or infringement of the rights of any person or entity. You acknowledge and agree that the Company is not liable for any damages to any user or to any other party for any unauthorized disclosure or breach of information caused and/or disclosed by you in violation of these Terms. You acknowledge and agree that you are solely and completely liable for any damages to any user or to any other party for any unauthorized disclosure or breach of information disclosed by you in violation of these Terms, and you agree to defend, indemnify, release, and hold harmless the Company for any claims brought or damages assessed against the Company arising out of your violation of these Terms. Additionally, the Company and its Affiliates shall not be liable for any violation of law by Landlord or Renter.

You agree to defend, release, indemnify, and hold the Company and its Affiliates harmless from all Claims (as defined below) arising from your (i) use or misuse of the Site or the Services; (ii) breach of these Terms; or (iii) violation of any laws. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

You further agree that because the Company is an advertising venue, if you have a dispute with one or more users, Landlords, or Renters, you release the Company, its parent and Affiliates (and its respective members, owners, officers, directors, agents, subsidiaries, joint ventures and employees, including in their individual capacities) from Claims, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

For purposes of these Terms, “Claim” means an action, allegation, assessment, cause of action, cease and desist letter, charge, citation, claim, demand, directive, fine, lawsuit or other litigation or proceeding, or notice issued or submitted by, from or on behalf of a third party, including any governmental agency, and all resulting judgments, bona fide settlements, penalties, damages (including consequential, indirect, special, incidental or punitive damages), losses, liabilities, costs, and expenses (including, without limitation, reasonable attorneys’ fees, expenses and costs) incurred in connection therewith.

11. Termination of Use

a. Grounds for Termination: You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to the Site, and reporting you to the proper authorities, if necessary.

b. No Right to Offerings Upon Termination:Upon termination and regardless of the rationale behind such termination, your right to use the available Offerings on the Site will immediately cease. We shall not be liable to you nor any third party for any Claims arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1 and 3-9 of these Terms, as well as your liability for any unpaid fees, shall survive any termination.

12. Miscellaneous Provisions

a. International Use: International Use: Although the Site may be accessible worldwide, we make no representation that materials on the Site are appropriate or available for use in locations outside the United States. Those who choose to access the Site from other locations do so on their own initiative and at their own risk. If you choose to access the Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Service, and/or information made in connection with the Site is void where prohibited.

b. Age Requirement: You represent and warrant that you are at least eighteen (18) years of age and that you have the right, authority, and capacity to enter into, perform your obligations under, and abide by these Terms of Service. If you are under the age of 18, you may not, under any circumstances or for any reason, use the Services.

c. Governing Law: We control and operate the Site (excluding any Third-Party websites) from our offices in Hamilton County, Ohio. Accordingly, Ohio law shall govern, regardless of the conflicts of laws principles thereof. You agree and hereby submit to the exclusive personal jurisdiction and venue of the federal or state courts of Hamilton County, Ohio regarding any claims, litigation, dispute, or controversies arising out of or related to the Site, the Services, or Offerings.

d. Notices: All notices to a party shall be in writing and sent via email or conventional mail. Notices to us must be sent to:

By Mail:

Innago LLC
1308 Race Street
Cincinnati, OH 45202

Customer Service

By e-mail:

support@innago.com

You agree to allow us to submit notices to you either through the email address you provided, or to the address we have on record. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by U.S. mail, return receipt requested; (4) on the delivery date if transmitted by confirmed email.

e. No Resale Right: You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of the Site, or use of or access to the Site or Offerings provided through the Site, beyond the limited rights granted to you under Section 5 of these Terms.

f. Third Party Rights: Except as otherwise stated in this Agreement above, nothing herein is intended nor will it be deemed, to confer rights or remedies upon any third party.

g. Force Majeure: In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and Offerings available through the Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: global pandemic, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

h. Savings Clause: If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the parties’ original intentions and the remaining portions shall remain in full force and effect

i. No Waiver: Our failure to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision or any other right or provision we have under these Terms.

j. Entire Agreement. The Terms constitute the parties’ entire agreement and understanding regarding the Terms’ subject matter and supersedes all the parties’ prior oral or written agreements and understandings, if any. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with the Site conflicts with or is inconsistent with these Terms, these Terms shall govern.

k. Contact Contact Please contact us with any questions, complaints, or claims regarding the Site, the Services, or these Terms at:

Innago LLC, 1308 Race Street, Cincinnati, OH 45202

OR

dave@innago.com