Rentabilities Universal Terms of Service ("UTOS")
Introduction
Welcome to
Rentabilities. By using the services available from the domain and sub-domains
of www.rentabilities.com, as well as any web sites Powered by Rentabilities (such as this one at http://www.differrentals.com), (the "Site") you are agreeing to
the following terms, including those available by hyperlink (the
"Agreement" or "Universal Terms of Service" or "UTOS" ) with Rentabilities Inc.
and the general principles for the web sites of our subsidiaries and
international affiliates. If you have any questions, please refer to the Help
section on the Site.
Before you may become a member of
Rentabilities, you must read and accept all of the terms and conditions in, and
linked to, this Universal Terms of Service and the Privacy Policy. We strongly recommend
that, as you read this Universal Terms of Service, you also access and read the linked
information. By accepting this Universal Terms of Service, you also agree that your use of
other Rentabilities branded web sites will be governed by the Universal Terms of Service
and Privacy Policy posted on those web sites.
This Universal Terms of Service is subject to change at any time without notice.
Continued use of the Service after any such changes shall constitute your consent to such changes.
You can review the most current version of the Merchant Terms of Service at any time at: http://www.rentabilities.com/rentabilities-utos
Violation of any of the terms below will result in the termination of your Account.
While Rentabilities prohibits such conduct and Content on the Service, you understand and agree that
Rentabilities cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials.
You agree to use the Service at your own risk.
In this Universal Terms of Service, every
business owner operating the Rentabilities system will be known as a “rentee”. All customers using the Rentabilities system for
renting an item will be known as a “renter”.
Using Rentabilities
While using
the Site, you will not:
·
post
content or items in an inappropriate category or areas on the Site;
·
violate
any laws, third party rights, or our policies;
·
use the
Site if you are not able to form legally binding contracts, are under the age
of 18, or are temporarily or indefinitely suspended from our Site;
·
fail to
deliver payment for items rented by you;
·
fail to
deliver items purchased from rentee, unless the buyer
fails to meet the posted terms;
·
submit
false reservations with no intent on paying them
·
manipulate
the price of any item or interfere with other user's listings;
·
circumvent
or manipulate our fee structure, the billing process, or fees owed to
Rentabilities;
·
post
false, inaccurate, misleading, defamatory, or libelous content (including
personal information);
·
take
any action that may undermine the feedback or ratings systems (such as
displaying, importing or exporting feedback information off of the Site or for
using it for purposes unrelated to Rentabilities);
·
transfer
your Rentabilities account (including feedback) and User ID to another party
without our consent;
·
distribute
or post spam, chain letters, pyramid schemes, or any other content that may, in
the sole opinion of Rentabilities, be objectionable;
·
distribute
viruses or any other technologies that may harm Rentabilities, or the interests
or property of Rentabilities users;
·
copy,
modify, or distribute content from the Site and Rentabilities's copyrights and trademarks; or
·
harvest or otherwise collect information about
users, including email addresses, without their consent.
Abusing Rentabilities
Rentabilities
and the Community work together to keep the site working properly and the
Community safe. Please
report problems, offensive content, and policy violations to us.
Without
limiting other remedies, we may limit, suspend, or terminate our service and
user accounts, prohibit access to our website, remove hosted content, and take
technical and legal steps to keep users off the Site if we think that they are
creating problems, possible legal liabilities, or acting inconsistently with
the letter or spirit of our policies. We also reserve the right to cancel
unconfirmed accounts.
Content License
When you
give us content, you grant us a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sub-licensable (through multiple tiers) right to
exercise the copyright, publicity, and database rights (but no other rights)
you have in the content, in any media known now or in the future. (We need
these rights to host and display your content.)
Liability
You will not
hold Rentabilities responsible for other users' actions or inactions, including
things they post. You acknowledge that we are not a traditional rental
management system. Instead, the Site is a venue to allow business to post items
for rent in real time anyone, at anytime, from anywhere. We are not involved in
the actual transaction between renters and rentees.
We have no control over and do not guarantee the quality, safety or legality of
items advertised, the truth or accuracy of listings, the ability of rentees to rent items, the ability of renters to pay for
items, or that a buyer or seller will actually complete a transaction.
We do not transfer legal ownership
of items from the rentee to the renter. Accordingly,
to the extent legally permitted, we exclude all implied warranties, terms and
conditions. We are not liable for any loss of money, goodwill, or reputation,
or any special, indirect, or consequential damages arising out of your use of
our Site. Some jurisdictions do not allow the disclaimer of warranties or exclusion
of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous
paragraph, if we are found to be liable, our liability to you or to any third
party, jointly, is limited to the
greater of (a) the total fees you paid to us in the 6 months prior to the
action giving rise to the liability, or (b) $100.
Release
If you have
a dispute with one or more users, you release us (and our officers, directors,
shareholders, agents, assigns, subsidiaries, joint ventures and employees) from claims, demands and damages
(actual, consequential and punitive)
of every kind and nature, known and unknown, arising out of or in any way
connected with such disputes.
Access and Interference
The Site
contains robot exclusion headers. Most of the information on the Site is
updated on a real-time basis and is proprietary or is licensed to Rentabilities
by our users or third parties. You agree that you will not use any robot,
spider, scraper or other automated means to access the Site for any purpose
without our express written permission.
Additionally, you agree that you will not:
·
take
any action that imposes or may impose (in our sole discretion) an unreasonable
or disproportionately large load on our infrastructure;
·
copy,
reproduce, modify, create derivative works from, distribute, or publicly
display any content (except for Your Information) from the Site without the
prior expressed written permission of Rentabilities and the appropriate third
party, as applicable;
·
interfere
or attempt to interfere with the proper working of the Site or any activities
conducted on the Site; or
·
bypass our robot exclusion headers or other
measures we may use to prevent or restrict access to the Site.
Privacy
We do not
sell or rent your personal information to third parties for their marketing
purposes without your explicit consent. We use your information only as
described in the Rentabilities Privacy Policy. We view protection of users' privacy as a
very important community principle. We store and process your information on
computers that are protected by physical as well as technological security
devices. You can access and modify the information you provide us and choose
not to receive certain communications by signing-in to your account. We use or
may use third parties to verify and certify our privacy principles. For a
complete description of how we use and protect your personal information, see
the Rentabilities Privacy Policy. If you object to your Information being
transferred or used in this way please do not use our services.
Indemnity
You will
indemnify and hold us (and our officers, directors, shareholders, agents,
assigns, subsidiaries, joint ventures and employees), harmless from any claim
or demand, including reasonable attorneys' fees, made by any third party due to
or arising out of your breach of this Agreement, or your violation of any law
or the rights of a third party.
No Agency
No agency,
partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement.
Activity Associated with User IDs
Your User ID
is displayed throughout the Site and is therefore available to the public. All
of your activities on the Site will be traceable to your User ID. Notices are
sent to other community members regarding suspicious activity and policy
violations on the Site and refer to User IDs and specific items. Therefore, if
you associate your name with your User ID, the people to whom you have revealed
your name to will be able to personally identify your Rentabilities activities.
Notices
Except as
explicitly stated otherwise, legal notices shall be served on Rentabilities's registered agent (in the case of
Rentabilities) or to the email address you provide to Rentabilities during the
registration process (in your case). Notice shall be deemed given 24 hours
after email is sent, unless the sending party is notified that the email
address is invalid. Alternatively, we may give you legal notice by mail to the
address provided during the registration process. In such case, notice shall be
deemed given three days after the date of mailing.
Resolution of Disputes
If a dispute
arises between you and Rentabilities, our goal is to provide you with a neutral
and cost effective means of resolving the dispute quickly. Accordingly, you and
Rentabilities agree that we will resolve any claim or controversy at law or
equity that arises out of this Agreement or our services (a "Claim")
in accordance with one of the subsections below or as we and you otherwise
agree in writing. We strongly suggest you contact Rentabilities Inc. if
experiencing a problem, as we will consider reasonable requests to resolve the
dispute through alternative dispute resolution procedures, such as mediation or
arbitration, as alternatives to litigation.
·
Law
and Forum for Disputes -
This Agreement shall be governed in all respects by the laws of the Commonwealth
of Massachusetts as they apply to agreements entered into and to be performed
entirely within Massachusetts between Massachusetts residents, without regard
to conflict of law provisions. You agree that any claim or dispute you may have
against Rentabilities must be resolved by a court located in Plymouth County,
Massachusetts, except as otherwise agreed by the parties or as described in the
Arbitration Option paragraph below. You agree to submit to the personal
jurisdiction of the courts located within
·
Arbitration
Option - For any claim
(excluding claims for injunctive or other equitable relief) where the total
amount of the award sought is less than $10,000 (subject to or Liability
statement set forth elsewhere herein), the
party requesting relief may elect to resolve the dispute in a cost effective
manner through binding non-appearance-based arbitration. In the event a party
elects arbitration, they shall initiate such arbitration through an established
alternative dispute resolution ("ADR")
provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the
arbitration shall be conducted by telephone, online and/or be solely based on
written submissions, the specific manner shall be chosen by the party
initiating the arbitration; b) the arbitration shall not involve any personal
appearance by the parties or witnesses unless otherwise mutually agreed by the
parties; and c) any judgment on the award rendered by the arbitrator may be
entered in any court of competent jurisdiction.
·
Improperly
Filed Claims - All claims
you bring against Rentabilities must be resolved in accordance with this
Resolution of Disputes Section. All claims filed or brought contrary to the
Resolution of Disputes Section shall be considered improperly filed. Should you
file a claim contrary to the Resolution of Disputes Section, Rentabilities may
recover attorneys' fees and costs up to $1000, provided that Rentabilities has
notified you in writing of the improperly filed claim, and you have failed to
promptly withdraw the claim.
