RentCafe - Terms & Conditions

Website Terms of Use

Envolve Communities, LLC, it’s affiliates, subsidiaries, and communities and/or properties

managed by Envolve Communities, LLC, its affiliates or subsidiaries

Last Modified: June 16, 2020

These Terms of Use are the website terms and conditions of Envolve Communities, LLC, a Delaware limited liability corporation and its affiliates and subsidiaries (collectively referred to herein as “Envolve”) in connection with your use of https://www.envolvecommunities.com and other affiliate, subsidiary, community or property specific websites managed by Envolve (collectively, our “Website”). The terms “we”, “us”, or “our” refer to Envolve, and the terms “You” and “Your” refer to you, a visitor to this site or a rental customer of Envolve.

Acceptance of the Terms and Conditions

THESE TERMS OF USE GOVERN YOUR ACCESS TO AND USE OF OUR WEBSITE – IT IS A BINDING AGREEMENT ENTERED INTO BY AND BETWEEN YOU AND ENVOLVE. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.EnvolveCommunities.com, including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.envolvecommunities.com/privacypolicy.aspx incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who eighteen (18) years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Envolve and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Envolve, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Envolve. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
To impersonate or attempt to impersonate Envolve, an Envolve employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Envolve or users of the Website or expose them to liability.
To modify, translate, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for the computer systems and other technology that operates our Website. For purposes of these Terms, "reverse engineering" shall include the examination or analysis of the Website to determine the source code, structure, organization, internal design, algorithms or encryption devices of our Website's underlying technology.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any content supplied by you to or through our Website (“User Contributions”) for any or no reason in our sole discretion.
Take any action with respect to any User Contributions that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contributions violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for Envolve.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

YOU WAIVE AND HOLD HARMLESS ENVOLVE AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review User Contributions or other third party generated material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contribution and your use of interactive services. User Contributions must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy located at https://www.envolvecommunities.com/privacypolicy.aspx.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

For any User Contributions posted, uploaded, submitted or requested, you grant Envolve a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to (i) use, reproduce, modify, adapt, publish, translate, transmit, create derivative works from, distribute, disclose and publicly display and perform your User Contributions for commercial purposes throughout the world in any media now known or hereafter developed; and (ii) publish the name that you submit in connection with your User Contributions in our sole discretion. You agree that you have no recourse against Envolve for anyone’s infringement, misuse or violation of any right you may have in your User Contributions, and you irrevocably waive any “moral rights” in your User Contributions. You also acknowledge that we assume no responsibility for the deletion of, or failure to store or otherwise provide access to User Contributions submitted by you or others. No compensation will be paid with respect to the use of your User Contributions.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Envolve, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Envolve. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Applications

If you are applying for a lease, no guarantees are made to you that a unit or other property rental is or will be made available. You understand that you will acquire no rights in or to a property rental until you accept and sign a rental agreement and pay all applicable application fees, rental payments and security deposits. If third party or governmental approval is required to complete a rental agreement you understand and agree that Envolve has no control over, influence on or authority to act on behalf of such third party or governmental entity.

You authorize Envolve themselves or through any vendor of their choice to obtain such credit reports, criminal histories, character reports, verification of rental and employment history as it deems necessary if you submit a rental application. You further understand that false, fraudulent, misleading or incomplete information may be grounds for denial of tenancy or subsequent eviction.

Payments

Agreement to Deal Electronically; Electronic Communications and Notices

All of your transactions with or through the Website may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms of Use unless you enter into different terms on a form provided by us. If the law allows you to withdraw such consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms of Use and any other contract or disclosure that we are required to provide to you.

You understand that by submitting your rental payment electronically, you are agreeing to conduct an electronic transaction and to use and receive communications through electronic means. You agree to enter the requested information electronically via the Internet, and to be notified regarding any transaction electronically through the email address you have provided. You are solely responsible for ensuring the completeness and accuracy of the information you enter, and you hereby agree to defend, indemnify and hold harmless Envolve, their affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to the information you enter. You understand that electronically signed documents have the same legal effect as hard copies with ink signatures. You understand that you or we may refuse to conduct other electronic transactions in the future.

You hereby agree as follows.

Except as otherwise provided in these Terms of Use, Envolve will give you any notices regarding the Website by posting them on the Website. You also authorize Envolve, it’s service providers, processors, partners, agents, contractors and/or vendors (collectively referred to herein as “Agent”) to send notices (including notice of subpoenas or other legal process, if any, and including any notices sent on Envolve or Agent’s behalf) via electronic mail. You must check the Website for notices, and you will be considered to have received a notice when it is posted on the Website, or when sent by us via electronic mail, whether or not received by you. You must keep your email address current and any notice sent by Envolve or Agent to an email address that you have provided to us will be considered effective notice.

Unauthorized Use of Your Password

All instructions transmitted by or received from anyone presenting your password or other credentials on the Website are binding to you. You agree that you are solely responsible for all transactions or acts that are validated through use of your password or other credentials, whether or not made with your knowledge or authority. You agree to guard your password or other credentials carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Website for which you will be legally responsible. If you ever suspect that someone may have obtained access to your password or any other credential who is not intended to have authority to act on your behalf, please contact Envolve and Agent immediately, including instructing Agent to refuse to accept any further transactions initiated under that password on your behalf. Envolve has no liability for transactions initiated under your password without your authorization.

Payments

All rental payments, invoices, charges and other fees are final and earned upon the submission and receipt of payment. If payment is made by eCheck/ACH, you understand that if such payment is returned from the bank for any reason, you may be charged additional returned item fee(s) , which will be added to the original amount and auto-debited from your bank account approximately ten (10) days after the initial payment fails. In the event that subsequent fee collection auto-debits also fail, you may continue to incur fees related to such attempts. You assume all responsibility for all such fees. Returned item fees vary; please contact your leasing office for details. Additional fees may also be assessed by your bank and/or Envolve.

Convenience fees may be charged by Agent or Envolve. All payment methods initiated through the online platform may be charged a convenience fee including, credit card, debit card, ACH transfers and electronic checks. These fees are being charged for providing the convenience of an online payment channel or other convenient channel. You hereby acknowledge and agree that a convenience fee may apply to each transaction initiated through the Portal. Envolve or Agent may amend this convenience fee at any time with or without notice. All convenience fees will be displayed on the payment screen prior to finalizing your transaction.

If you initiate an online payment, you hereby authorize Envolve and/or its Agent to initiate transaction entries, including convenience fees noted herein, to your transaction account number (including checking and savings accounts) and/or charges to your credit card or debit card in accordance with your instructions to facilitate such online payment (the “Payment Service”).

You are responsible for any legal, regulatory, or banking penalties and fees that may be assessed for any reason as a result of your use of the Payment Service. You may use the Payment Service only to authorize the payment of bills owing to Envolve. Payments that you authorize will be made from a bank or financial institution account (the “Transaction Account”) that you designate. It is your responsibility to establish and maintain the Transaction Account and to pay any and all fees associated with the Transaction Account.

It is your responsibility to make timely payment authorizations, so that the funds will arrive at Envolve on or before the date on which they are due. You shall bear the risk and the responsibility for paying any late charges or penalties resulting from the late receipt of any payment made under the Payment Service.

Envolve will use all reasonable efforts to process all your payment authorizations promptly and properly, provided the authorizations are actually received by Envolve. Envolve will not be responsible for any failure to process a payment authorization that is not actually and completely received by Envolve for any reason, including user error, equipment malfunction, natural disasters or impediments, or inaccurate or incomplete information.

Envolve shall not be responsible and shall not be liable for any of your losses if it is unable to complete a payment authorization initiated by you because of the existence of any one or more of the following circumstances:

The Transaction Account does not contain sufficient funds to complete the transaction, or the transaction would exceed the credit limit applicable to the Transaction Account.

You have not provided Envolve with correct names or account information.

Circumstances beyond Envolve’ control (such as, but not limited to, fire, flood, internet service interruptions, or interference from an outside force) prevent the proper transmission of your payment authorization.

Envolve fails to receive a full and complete payment authorization.

You have made any false or materially misleading statement or representation in connection with any payment authorization.

The bank or financial institution maintaining the Transaction Account refuses or is unable to honor a payment request from Envolve.

Banking Limitations. In using the Payment Service, you are requesting Envolve to make payments for you from your designated Transaction Account. If your bank or financial institution is unable to process a transaction (for example, there are not sufficient funds in the Transaction Account to cover the transaction, or if funds in the account are unavailable for any reason), the transaction may not be completed. There may be limits or restrictions upon the number or frequency of payments that may be made from your Transaction Account under applicable law or under the terms of your agreement with the bank or financial institution maintaining the Transaction Account.

Envolve and Agent make every effort to comply with all payment processing rules and regulations. If you believe you have been charged in error, please contact us at 334-954-4458.

We reserve the right to cancel your transaction processing account at any time for any reason.

We reserve the right to refuse electronic payment or application processing service to you at any time for any reason. You also maintain the ability to discontinue use of the Portal at any time for any reason. Active recurring payments must be deleted before use of service is discontinued. It is your responsibility to terminate any and all recurring payments on your account before relocating or moving – otherwise charges will continue to be assessed to your billing account during the period designated for recurring payments to take place. You agree to defend, indemnify and hold harmless Envolve, Agent, their affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns for any recurring payments that are charged by accident or because you failed to cancel your recurring payment. You can cancel your service by calling 334-954-4458 or sending an email to [email protected]. We, in our sole discretion, may cancel this service without notice.

If you believe a transaction was made improperly, we in our sole discretion may void, issue a credit, or rescind any transaction made through the Portal.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the state of Tennessee in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ENVOLVE NOR ANY PERSON ASSOCIATED WITH ENVOLVE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER ENVOLVE NOR ANYONE ASSOCIATED WITH ENVOLVE REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, ENVOLVE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ENVOLVE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Envolve, Agent, and their and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule (whether of the State of Tennessee or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Tennessee in each case located in the City of Memphis. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Envolve’s sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Tennessee law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by Envolve of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Envolve to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Envolve regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Assignment

You may not assign this Agreement to any other party. Envolve may assign this Agreement to any directly or indirectly affiliated company. Envolve may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.