This Terms and Conditions of Use Agreement (the “Terms of Use”) is between the party using this website (“You”) and Upbound Group, Inc. (formerly known as Rent-A-Center, Inc.), and its affiliates (“Company,” “we,” “us” or “our”), with a principal place of business at 5501 Headquarters Drive, Plano TX 75024. You should carefully read the Terms of Use before using Company’s website. You agree to be bound by the Terms of Use if you visit or shop at any of Upbound’s family of websites and mobile applications, including without limitation rentacenter.com, getitnowstores.com, and acima.com. This is a legally binding agreement. The Company’s websites and applications are provided as a service to our customers and are offered to you conditioned upon your acceptance, without modification, of the terms, conditions, and notices contained herein.
We agree to provide you access to Company’s website in accordance with the Terms of Use. By using the Company’s website or applications, you: (1) agree to the Terms of Use; (2) acknowledge you have carefully read and understood these Terms of Use; and, (3) represent that you are 18 years of age or older. If you do not agree with the Terms of Use you should not use Company’s website and must leave Company’s website.
These Terms of Use contain the entire understanding between us with respect of Company’s website and no representation, statement, inducement oral or written, not contained herein shall bind either of us. Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time. Notification of changes in these Terms of Use will be posted on Company’s website. The terms and conditions of use in this Terms of Use are subject to change at any time. You should review the Terms of Use regularly for any changes.
Please read these Terms of Use carefully.
USE OF THE WEBSITE
YOUR ACCESS TO AND USE OF COMPANY’S WEBSITE MAY BE TERMINATED AT ANY TIME FOR ANY REASON OR FOR NO REASON BY YOU OR BY US.
You represent, warrant and covenant that you shall not upload, post or transmit to, distribute, or otherwise publish through Company’s website any materials which: (i) restrict or inhibit any other user from using and enjoying Company’s website, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact.
You acknowledge that transmissions to and from Company’s website are not confidential and your communications may be read or intercepted by others. Any unprotected e-mail communication over the Internet is subject to possible interception or loss, is not confidential and is also subject to possible alteration. We are not responsible for and will not be liable to you or any third party for damages in connection with an e-mail sent by you to us or an e-mail sent by us to you, or anyone you designate, at your request. Violators of this section who use our services for any illegal purpose, including but not limited to, repeated unwanted emails or “Spam,” may be prosecuted to the full extent of the law.” You acknowledge that by submitting communications to Company, no confidential, fiduciary, contractually implied, or other relationship is created between you and Company other than pursuant to these Terms of Use and any subsequent written agreement entered into with Company.
NOT LEGAL ADVICE
The materials included in Company’s website are for general information purposes only and do not constitute legal advice. They are not intended to be a substitute for obtaining legal advice from legal counsel. ALL ARTICLES AND MATERIAL DISPLAYED BY US ON COMPANY’S WEBSITE ARE FOR INFORMATION PURPOSES ONLY, ARE NO SUBSTITUTE FOR SPECIFIC ADVICE, AND ARE IN NO MANNER TO BE CONSIDERED LEGAL ADVICE OR OTHER LICENSED PROFESSIONAL ADVICE OR A SUBSTITUTE THEREFOR. FOR SPECIFIC LEGAL ADVICE REGARDING YOUR PARTICULAR CIRCUMSTANCES, YOU MUST RETAIN LEGAL COUNSEL. Company does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through Company’s website. You acknowledge that any reliance upon any such materials, opinion, advice, statement, memorandum, or information shall be at your sole risk. Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of Company’s website.
CONSENT AND COLLECTION
WE MAY, SUBJECT TO AND IN ACCORDANCE WITH OUR PRIVACY POLICY FOR MARKETING AND OTHER PURPOSES, COLLECT, PROCESS AND TRANSMIT CERTAIN DATA OBTAINED FROM AND ABOUT YOU IN THE COURSE OF YOUR ACCESSING COMPANY’S WEBSITE OR DURING A PHONE CONSULTATION. BY AGREEING TO THESE TERMS, YOU AGREE TO SUCH DATA BEING SO USED AND FURTHER AGREE THAT IT MAY BE TRANSMITTED TO OTHERS WHETHER OR NOT WITHIN THE UNITED STATES IN ACCORDANCE WITH OUR PRIVACY POLICY AND UNDER APPLICABLE PRIVACY AND DATA PROTECTION LEGISLATION. Information on how and what type of data (if any) is held about you can be obtained by clicking here; which will take you to our privacy policy or by contacting us.
COPYRIGHT AND TRADEMARK NOTICES
Company’s website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You are authorized to download one copy of the material displayed or performed on Company’s website (“Content”) on one computer for your personal, non-commercial use only but you may not in so doing remove or amend any trademark, copyright or other proprietary notice. All materials contained on Company’s website are protected by copyright, and are owned or controlled by Company or the party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on Company’s website. Permission is given to view the material on these web pages and save that material only for your personal reference. Copying or storing of any Content for other than personal, non-commercial use is expressly prohibited without the prior written permission from Company or the copyright holder identified in the individual Content’s copyright notice.
Subject to the above, you may not modify, copy, distribute, republish or upload any of the material on Company’s website in any way unless you obtain the prior written consent of Company. No intellectual property or other rights shall be transferred to you through your use of Company’s website. We are not able to confirm that the materials contained on these web pages are correct in every case. Company reserves the right to make changes to Company’s website, including the availability of any feature, database, Content, Web page materials, product information and prices on Company’s website at any time without notice or liability. Company may also impose limits on certain features and services or restrict your access to parts or all of Company’s website without notice or liability.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
COMPANY’S WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH COMPANY’S WEBSITE, IS PROVIDED “AS IS, AS AVAILABLE”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Company AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON COMPANY’S WEBSITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH COMPANY’S WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH COMPANY’S WEBSITE OR ANY LINKED SITE. FURTHER, COMPANY AND ITS AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN COMPANY’S WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT COMPANY’S WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF COMPANY’S WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. FURTHER, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, USE OF DATA OR FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER BASED IN CONTRACT, NEGLIGENCE OR OTHER TORT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS, DISCLAIM AND EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS COMPANY’S WEBSITE OR ANY WEBSITE WITH WHICH IT IS LINKED. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.
INDEMNIFICATION
You hereby agree to indemnify, defend and hold Company, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or the foregoing representations, warranties and covenants, including without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Company.
THIRD PARTY CONSENT AND LINKS TO THIRD PARTY SITES
Where we provide hypertext links from or to third party sites, we do so for convenience and information purposes only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to the Website, the content of those sites, the third parties named therein, or their products, resources or services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking, and we accept no liability nor make any endorsement or approval of the same.
We do not sell, distribute, or disclose retailer information to third parties for marketing or commercial purposes.
APPLICABLE LAW
Company’s website, any information provided from it and the Terms of Use are given and made in the state of Texas, United States of America. THIS TERMS OF USE AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS TERMS OF USE AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN COLLIN COUNTY IN THE STATE OF TEXAS.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”)
If you believe that any content on our website infringes your copyright, please notify our designated agent pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512) by providing the required information. Company’s designated DMCA Agent is:
Upbound Group, Inc.
Attn: Designated DMCA Agent
5501 Headquarters Drive
Plano TX 75024
or by email at legal@upbound.com.
Your notice must satisfy the requirements of the DMCA and include the following information:
Company reserves the right to disregard a notice that is unclear or otherwise fails to comply with the DMCA. In the event that Company determines that a DMCA notice lacks validity, Company may refuse to remove the complained of content at its discretion. Election by Company to either remove or leave the complained of content does not constitute a legal decision about the validity of your claim of infringement or the possible defenses to a claim.
ELECTRONIC COMMUNICATIONS
By using our website, or sending e-mails, text messages and other communications from your desktop or mobile device to us, you consent to receive communications from us electronically. You consent to receive communications by email, text, mobile push notices, or notices posted on the Company’s website. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
OTHER CONTRACTS
You agree that these Terms of Use are independent and separate from any contract for the purchase or lease of goods that you enter into with Company, including any arbitration agreement entered into in connection with a purchase or lease transaction. Any purchase or lease transaction is governed by the documents executed in exchange with that specific agreement and is the only contract between you and us with respect to the merchandise and services set forth in that contract. Nothing in these Terms of Use change or modify any terms of any other contract. In the event of any conflict between these Terms of Use and the contract governing your purchase or lease contract, including any arbitration agreement, the contract covering your specific transaction will apply.
SANCTIONS
You represent that you are (1) not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (i.e., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, the United Kingdom, or other applicable government authority and (2) not located in any country subject to a comprehensive sanctions program implemented by the United States.
ASSIGNMENT, SURVIVAL AND SEVERABILITY
You may not assign or transfer your rights or obligations under these Terms of Use without our prior written consent. We may assign or transfer our rights or obligations without restriction. The provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Should any part of the Terms of Use be declared invalid or unenforceable by a court of competent jurisdiction, such declaration shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms of Use had been eliminated.
QUESTIONS
For questions regarding these Terms of Use, the Company’s websites, or if you believe that we have not adhered to the Terms of Use, please contact us at Upbound Group, Inc., Legal Department, 5501 Headquarters Drive, Plano TX 75024 or at legal@upbound.com. We will attempt to respond to and remedy any questions or issues.