TERMS OF SERVICE
Last updated: April 1, 2024.
1. YOUR AGREEMENT TO THE TERMS.
By accessing or using Rentos.com, as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”), you acknowledge and agree that you are subject to and bound these Terms, as well as our Privacy Policy, which also governs your access and use of the Site, and is incorporated by reference (these Terms with the Privacy Policy shall be referred to as the “Terms”). Please read these Terms carefully, as they contain important information about your legal rights, obligations, and limitations of liability.
Please note: Section 29 of these Terms (the “Dispute Resolution Agreement”) contains an arbitration clause, jury trial waiver, and class action waiver that applies to all users of the Site. This provision applies to all disputes with Rentos and affects how disputes with Rentos will be resolved.
Additional Terms, including any other Terms, conditions, or documents that may be posted or linked to the Site from time to time, are hereby expressly incorporated herein by reference. We may change or update the Terms at our discretion from time to time. We will notify you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. Your continued access and use of the Site after any changes are posted means that you have been made aware of and have accepted the changes.
If you do not fully agree to the Terms, including any other Terms, conditions, or documents posted or linked to the Site, you are expressly prohibited from accessing or otherwise using the Site and must discontinue use immediately. Under these Terms, “access” or “use” of the Site specifically includes any direct or indirect access or use of the Site or any cached version of the Site and any direct or indirect access or use of any information or Content on the Site, regardless of how obtained.
The Site is operated by Rentos, LLC. Unless otherwise specified, the entity controlling the Site you are accessing is referred herein as “Rentos”, “we”, “us”, or “our”. The term “you” or “user” refers to the user accessing or using the Site, including publishing a listing, requesting a booking, and/or entering into a rental agreement or other transaction between users on the Site or in connection with their use of the Site. You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you, whether personally or on behalf of another person or entity, and Rentos.
2. USER ELIGIBILITY.
The Site is intended for users who are at least 18 years of age. You are not authorized to access or use the Site unless you are at least 18 years of age and able to enter into legally binding contracts. By accessing or using the Site, you represent and warrant that you are 18 years of age or older.
If you are using the Site on behalf of a legal entity, you represent and warrant that such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and that you are authorized by such legal entity to act on its behalf.
You must not have previously been suspended or removed from accessing or using the Site and you must not be violating any other agreement to which you are a party by agreeing to these Terms.
3. USER REGISTRATION.
You may be required to register an account with the Site in order to access or use certain features of the Site. You may create an account by providing your first and last name, email address, phone number, and date of birth, and creating a password or by connecting your account with a third-party site or service (which may include Apple, Facebook, and Google). You may not register more than one account or transfer your account to someone else. You agree to keep your password confidential and will be responsible for all use of your account and password. You must maintain the security and confidentiality of your account credentials, you are responsible and liable for activities conducted through your account, and you must immediately notify us if you discover or suspect that someone has accessed your account without your permission.
If and as permitted by applicable law, we reserve the right to: (1) request you to provide identification or other information; (2) undertake checks designed to verify your identity or background; (3) screen you against third-party databases and request reports from service providers; and (4) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
4. THE SITE IS AN ONLINE MARKETPLACE AND WE ARE NOT A PARTY TO ANY RENTAL AGREEMENT OR OTHER TRANSCATION BETWEEN USERS OF THE SITE.
The Site is an online marketplace that enables users who advertise on the Site (each, a “host”) to offer for rent in a variety of pricing formats, a specific good or service (each, an “offering”) to potential renters or renters (each, a “renter” and, collectively with a host, the “users”). “Hosts” may also include users who originally advertised their offerings on another website and their listings have been redistributed on the Site. We also may offer online booking or other tools or services to allow users to communicate with each other and enter into rental agreements or other transactions.
Rentos does not own, manage, control, provide, supply, offer, rent, sell, or deliver any offering listed on the Site. Rentos does not endorse or recommend any offering, listing, rental agreement, or other transaction between users. Rentos is not a party to any rental agreement or other transaction between users on the Site or in connection with their use of the Site. This is true even if the Site allows you to book a rental or provides other ancillary products or services, as the Site may facilitate booking a rental or other tools, products, or services, but we are not a party to any rental agreement or other transaction between users. Accordingly, each user is solely responsible for their use of the Site and any part of a potential or actual transaction between users, including (1) the existence, quality, condition, safety, suitability, availability, or legality of the offering advertised, (2) the truth, accuracy, currency, or completeness of the listing (including the content thereof or any review relating to any user, offering, or listing), (3) the performance or conduct of any user, or (4) the ability of hosts to rent an offering or the ability of renters to contract for offerings.
When a host publishes a listing on the Site, or on another website, which has been redistributed on the Site, they are inviting potential renters or renters to submit offers (each, a “booking request”) to enter into a legally binding rental agreement or other transaction with a host. A host may be required to either accept or reject the booking request within 48 hours of when the booking request was made (as determined by Rentos in its sole discretion) or the booking request may be automatically accepted. When a host timely accepts a booking request or receives a booking confirmation through the Site, a legally binding contract (or “booking”) is formed directly between the host and renter. You acknowledge and agree that you may be required to enter into one or more separate agreements, waivers, or Terms and conditions before making a booking or purchasing a product or service and Rentos or another user may place additional restrictions on your booking, product, or service. You should always exercise due diligence and care when deciding whether to communicate, interact with, and/or engage in any rental agreement or other transaction with any user, whether online or in person. While we do take certain measures with a goal to assist users to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such measures or actions.
You acknowledge and agree that you are accessing and using the Site on your own initiative and are solely responsible for compliance with all laws, rules, ordinances, and regulations applicable to your access and use of the Site, your use of any tool, service, or product offered on the Site, and any rental agreement or other transaction you enter into on the Site or in connection with your use of the Site. You are not authorized to make any commitments on behalf of Rentos and Rentos will not make any commitments on behalf of you, except as expressly provided in these Terms. You may not delegate your legal obligations or transfer any of your rights to any third party without the advance written consent of Rentos.
Any information provided on the Site, including any information we may provide regarding laws, rules, ordinances, or regulations, is for general informational purposes only and is not a substitute for professional advice. Accordingly, we urge you to independently understand and confirm your legal obligations with the appropriate professionals.
Please be aware that, even though we are not a party to any rental agreement or other transaction and assume no liability for legal or regulatory compliance pertaining to bookings or offerings listed on the Site, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to a booking or listing in order to comply with requests from governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with such obligations in our sole discretion.
5. HOST-SPECIFIC TERMS.
These Host-Specific Terms outline the responsibilities and rights of hosts in relation to their access and use of the Site, their use of any tool, service, or product offered on the Site, and any rental agreement or other transaction they enter into on the Site or in connection with their use of the Site. Please note that all of the Terms apply to hosts as users of the Site, in addition to any specific Terms outlined here for hosts.
A. Publishing and Managing Listings.
Hosts can publish a listing on the Site with details about their offering, including price, location, description, rules, specifications, features, photographs, and availability calendar. Each listing must uniquely identify a specific offering and cannot be substituted without our consent.
In order to publish a listing on the Site, hosts agree to comply with the following requirements: (1) hosts must ensure their listings contain true, accurate, current, and complete information; (2) hosts must maintain an accurate availability calendar on their listings; (3) hosts must use commercially reasonable efforts to respond to all booking requests within 24 hours of receipt of a booking request; (4) hosts must timely respond to a renter’s inquiries throughout a booking; (5) hosts must coordinate the timely delivery and return of offerings clearly and in good faith; (6) hosts must process all bookings and payments through the Site, and not outside of it; (7) hosts are prohibited from listing content that attempts to direct users to book outside the Site, including but not limited to language that contains URLs, phone numbers, email addresses, and physical addresses; (8) hosts are prohibited from using one listing or booking to drive bookings for other unlisted offerings; (9) hosts are prohibited from cancelling a material number of confirmed bookings; and (10) hosts must accommodate users with service animals.
We reserve the right, in our sole discretion, to limit or remove any listing available on the Site altogether without any refund at any time for any reason, without notice. Publishing any unauthorized or unlawful listing, offering, or content on the Site, or any concerns regarding a host’s conduct or access or use of an offering, may result in the immediate termination of a host’s account and a lifetime ban from using the Site.
B. Order of Search Results.
We cannot guarantee that your listing will appear in any specific order in search results on the Site. The order of search results will fluctuate based on a variety of factors such as search parameters, subscription package purchased, price, location, availability calendar, specifications, features, reviews, cancellation policy, listing type, and other factors that we may deem important from time to time. The order of search results may also vary depending on the search criteria or keywords used by a particular user. We reserve the right to apply various methods to optimize the search results for the user experience and overall marketplace. Listings may not always appear in search results. Listings distributed on third-party sites are not guaranteed to display on the Site or such third-party sites in any particular order or at all.
C. Host Responsibilities.
Hosts are solely responsible for obtaining and maintaining insurance coverage sufficient to protect their offerings, property, persons, and guests, as necessary. Hosts agree that they have, or will obtain, suitable insurance coverage prior to initiating their first rental agreement or other transaction via the Site and will maintain adequate insurance coverage throughout the duration of any such agreements or transactions. Additionally, hosts agree to provide us with copies of relevant proof of insurance upon request. We make no representations or warranties regarding insurance coverage for any offerings, property, persons, or guests. Users agree to release and hold us harmless from any claims, disputes, or damages arising from or related to insurance coverage for any offerings, property, persons, or guests. In the event of a Damage or Non-Return (as defined below), users should contact their insurance provider and file a claim as necessary.
Hosts are solely responsible for and agree to abide by all laws, rules, ordinances, or regulations applicable to the listing of their offering and the conduct of their business, including but not limited to any and all laws, rules, ordinances, regulations, or other requirements relating to taxes, credit cards, data and privacy, permits or license requirements, zoning ordinances, safety compliance, and compliance with all anti-discrimination and fair housing laws, as applicable. Hosts who accept credit card, banking or other payment information from renters agree to properly handle and safeguard all such information in accordance with applicable legal and regulatory requirements and best practices.
If Rentos, in its sole discretion, compensates a renter for a loss caused by acts or omissions attributable to a host, Rentos reserves the right to pursue the host for the amount paid or contributed towards the loss.
D. Additional Host Representations.
Each host represents and covenants that: (1) the host owns and/or has all necessary rights and authority to publish the offering listed by such host; (2) the host has complete discretion regarding publishing the listing, including determining the price and Terms, accepting booking requests, and entering into rental agreements or other transactions; (3) the host will accurately describe the offering, will not fail to disclose a material defect in, or material information about, an offering and will upon request, or otherwise from time to time, review the listing content to ensure it is accurate and not misleading; (4) the host will only publish a listing or enter into a rental agreement or other transaction for an offering that is reasonably clean, safe, legally registered, in working condition, and suitable for its intended use; (5) the host will regularly inspect the offering for any defects in safety or operation; (6) the host will regularly perform maintenance and repair work on the offering; (7) the host will not publish a listing or enter into a rental agreement or other transaction for an offering that is the subject of a safety recall or manufacturing defect, has unmarketable, clouded, salvaged, washed, written-off, or branded titles, does not fully comply with applicable inspections and registration requirements, or has illegal modifications; (8) the host will remove any firearms, weapons, or illegal substances from or near the offering; (9) the host will not wrongfully deny access or use of the offering; and (10) the host must disclose whether they, or any non-party, will have access or use of the offering during any portion of a booking.
Upon our request, each host agrees to promptly provide to us proof of personal identification, proof that the condition, location, specifications, or features associated with the offering are accurately described in the listing, proof of ownership of the offering listed on the Site, and/or proof of authority to list the offering.
E. Hosts with a Team, Business or Organization.
If a host, as part of a team, business, or organization, publishes, offers for rent, or manages an offering or listing on the Site, or enters into any rental agreement or other transaction on the Site or in connection with their use of the Site, the entity and each individual participating in those actions are responsible and liable as a host under these Terms. Each host represents that they have the authority to enter into and bind any Terms or contracts on behalf of their team, business, or organization and that each legal entity is validly existing under applicable laws, rules, and regulations. If a host performs other functions, they must be authorized to do so.
6. RENTER-SPECIFIC TERMS.
These Renter-Specific Terms outline the responsibilities and rights of renters in relation to their access and use of the Site, their use of any tool, service, or product offered on the Site, and any rental agreement or other transaction they enter into on the Site or in connection with their use of the Site. Please note that all of the Terms apply to renters as users of the Site, in addition to any specific Terms outlined here for renters.
A. Searching Listings.
Renters have the flexibility to utilize various search parameters when exploring listings on the Site. These parameters include, but are not limited to, category, location, availability calendar, and keywords. Renters can tailor their search results to better match their specific needs and preferences. This customization may involve considering factors such as price, specifications, features, reviews, listing type, and the cancellation policy of the listing. We cannot guarantee that listings will appear in any specific order in search results on the Site, and listings may not always appear in search results.
B. Renter Responsibilities.
Renters are responsible for paying the agreed-upon price, any additional items identified during checkout, and applicable fees and taxes. Renters also acknowledge and agree that Rentos may charge the specified Payment Method (as defined in the Payment Terms) used to enter into any rental agreement or other transaction to collect any applicable charges and fees related to the booking.
Renters further agree that they are solely responsible for and agree to abide by all laws, rules, ordinances, or regulations applicable to the access and use of an offering and the conduct of their business, including but not limited to any and all laws, rules, ordinances, regulations, or other requirements relating to taxes, credit cards, data and privacy, permits or license requirements, zoning ordinances, safety compliance, and compliance with all anti-discrimination and fair housing laws, as applicable.
If Rentos, in its sole discretion, compensates a host for a loss caused by acts or omissions attributable to a renter, Rentos reserves the right to pursue the renter for the amount paid or contributed towards the loss.
Publishing any unauthorized or unlawful content on the Site, or any concerns regarding a renter’s conduct or access or use of an offering, may result in the immediate termination of a renter’s account and a lifetime ban from using the Site.
C. Additional Renter Representations.
Each renter represents and covenants that: (1) the renter has complete discretion regarding submitting booking requests and entering into rental agreements or other transactions; (2) the renter will thoroughly inspect, examine, and evaluate all listings and offerings to ensure they are reasonably clean, safe, in working condition, and suitable for their intended use, relying solely on their own evaluations and investigations for this determination; (3) the renter will submit booking requests only for offerings they genuinely intend on entering into rental agreements or other transactions; (4) the renter will submit booking requests only for offerings for which they are eligible to use and access, including having the necessary licenses, permits, and insurance; (5) the renter will coordinate the timely delivery and return of offerings clearly and in good faith; (6) the renter will timely respond to users’ inquiring throughout a booking; (7) the renter will not list content that attempts to direct users to book outside the Site, including but not limited to language that contains URLs, phone numbers, email addresses, and physical addresses; (8) the renter will carefully access, use, and maintain offerings solely for their intended purpose; (9) the renter will supervise and legally represent any minors that may use or access an offering; (10) the renter will not damage, destroy, misplace, steal, or make any alterations or modifications to an offering; (11) the renter will process all fees and payments through the Site, and not outside of it; (12) the renter will not use one listing or booking to drive or facilitate transactions for other unlisted offerings; and (13) the renter will not cancel a material number of confirmed bookings.
Upon our request, each renter agrees to promptly provide to us proof of personal identification and/or proof of authority to book the offering.
D. Renters with a Team, Business or Organization.
If a renter, as part of a team, business, or organization, submits booking requests or enters into any rental agreement or other transaction on the Site or in connection with their use of the Site, the entity and each individual participating in those actions are responsible and liable as a renter under these Terms. Each renter represents that they have the authority to enter into and bind any Terms or contracts on behalf of their team, business, or organization and that each legal entity is validly existing under applicable laws, rules, and regulations. If a renter performs other functions, they must be authorized to do so.
7. DELIVERY/PICK UP AND RETURNS.
Hosts and renters are responsible for providing clear, complete, and accurate instructions regarding the delivery/pick up and return of the offering, including the location and time. Hosts must timely deliver and/or make available the offering for the renter at the location specified in the listing or as otherwise agreed. Renters must timely return and/or relinquish possession of the offering to the host at the location specified in the listing or as otherwise agreed.
Hosts and renters are responsible for confirming each other’s identity by verifying their valid (not expired) government-issued ID’s and confirming that it matches their names on the Site. Hosts and renters should also ensure that both users are in possession of all the necessary licenses, permits, and insurance to access or use the offering.
To ensure a smooth transaction, users must complete the check-in and check-out forms, which include, without limitation, documenting the condition of offering, capturing its visual and functional conditions, and evidencing its delivery/pick up and return.
8. LATE RETURNS.
A. Late Return and Late Return Fee.
If the renter fails to timely return the offering without securing prior written consent from the host (referred to as a “Late Return”), the renter may be financially liable for a late return fee. This fee will be equivalent to two times the average rental rate of the booking for each day (in daily rentals) or hour (in hourly rentals) that the offering remains unreturned (the “Late Return Fee”), plus all applicable fees and taxes.
However, if the renter is unable to timely return the offering due to an issue caused by the host, the host is not entitled to collect a Late Return Fee from the renter.
B. Late Return Claim.
Both parties agree to first attempt to resolve any disputes related to a Late Return through direct communication and good faith efforts before filing a Late Return Claim (as defined below). For such resolutions, the host may request, and the renter may send, payment directly through the Site dashboard. By accepting payment for a Late Return, the host acknowledges and agrees that the matter is resolved and forfeits the right to later file a claim against the renter concerning the same Late Return.
If the parties are unable to reach an agreement, the host may file a “Late Return Claim” within 48 hours after the booking concludes. The claim must be substantiated with relevant evidence, such as photographs, videos, and/or written communications, providing sufficient details to enable a comprehensive investigation.
Upon receiving a Late Return Claim, Rentos will notify the renter, who will then have 48 hours to respond and submit any additional information needed to resolve the claim.
Rentos will review the evidence provided by both the host and the renter to make a determination, at its sole discretion, regarding the validity of the Late Return Claim. Claims deemed to be unsubstantiated, frivolous, or abusive, or those better suited to resolution in court, may be rejected.
The decision will be based on the nature and severity of the Late Return, along with the evidence submitted by the host and renter. This determination by Rentos will be final and binding. If Rentos concludes that the Late Return Claim is valid, Rentos may charge the Late Return Fee to the renter’s specified Payment Method, as outlined in the Payment Terms.
It is important to note that Rentos is not a party to the rental agreements or other transactions entered into directly between hosts and renters. Therefore, Rentos is not liable for any Late Return and is not responsible for any associated payments. The parties agree to absolve, release and indemnify Rentos from any claims, disputes, or damages arising out of or related to the claim or the resolution process.
9. DAMAGE OR NON-RETURNS.
A. Return Condition and Damage or Non-Return.
A renter must return the offering to the host in the same condition as it was at delivered/picked up, except for reasonable wear and tear resulting from normal, intended, and proper use. As a renter, you acknowledge and agree that you are responsible for your acts and omissions and those of any individual you invite or otherwise provided access to the offering.
If an offering is damaged, destroyed, lost, or stolen during a booking (referred to as a “Damage or Non-Return”), the renter may be financially liable for the repair costs or the fair market value of the offering, regardless of the circumstances.
B. Damage or Non-Return Claim.
Both parties agree to first attempt to resolve any disputes related to a Damage or Non-Return through direct communication and good faith efforts. The host may initiate resolution by requesting compensation directly through the Rentos dashboard for a Damage or Non-Return. Accepting payment for a Damage or Non-Return indicates resolution, and the host forfeits the right to later file a claim against the host concerning the same issue.
If direct resolution is not possible, the host must file a “Damage or Non-Return Claim” with Rentos to initiate the formal resolution process. The claim must be filed within 48 hours after the booking concludes and be substantiated with relevant evidence, such as photographs, videos, and written communications, detailing the issue for a comprehensive investigation. Upon filing, Rentos will notify the host, who has 48 hours to respond and submit any additional information.
Rentos may facilitate mediation or a similar dispute resolution process, with costs shared by both parties, to reach a mutually agreeable solution. The process, conducted by Rentos or a third-party mediator, is voluntary, confidential, and non-adversarial, aiming to preserve relationships and provide time and cost savings.
If the parties are unable to reach an agreement through mediation, they retain the right to pursue any legal remedies available.
Note that Rentos is not a party to the rental agreements or other transactions between hosts and renters, and thus is not liable for any Damage or Non-Return or associated payments. Both parties agree to absolve, release and indemnify Rentos from any claims, disputes, or damages arising out of or related to the claim or the resolution process.
C. Insurance Coverage.
In the event of a Damage or Non-Return, the parties should consult their respective insurance providers and file a claim as applicable. The parties acknowledge and agree that Rentos does not provide any coverage for Damage or Non-Returns. It is the exclusive responsibility of both the host and the renter to obtain and maintain any necessary insurance coverage for the listing, offering and booking, including insurance coverage for property, persons, and guests. Rentos makes no representations or warranties regarding insurance coverage for any listing, offering, or booking, and the parties agree to absolve, release, and indemnify Rentos from any claims, disputes, or damages arising out of or related to the claim, the resolution process, or insurance coverage.
10. BOOKING ISSUES.
Rentos strives to ensure that every rental transaction is safe and satisfactory for both hosts and renters. However, sometimes unexpected issues may arise before, during, or after a booking begins. We have established a process to address these concerns.
A. Booking Issue.
A Renter may be eligible for a full or partial refund if one of the following “Booking Issues” occurs:
a. The host is a no-show or fails to provide the renter with access or use of the offering at any point during the booking. This may be treated as a host cancellation, with the host potentially subject to penalties (see Host Cancellation Penalties).
b. The listing contains materially inaccurate information with respect to the offering’s: (i) specifications (e.g., size, make, or model); (ii) features (e.g., adjustable settings, 24/7 access, air conditioning); (iii) physical location; or (iv) other material components or aspects.
c. The offering is not in reasonably clean, safe, in working condition, or suitable for its intended use at the booking start time.
d. A host-related issue arises with the offering, is not timely addressed or resolved, and causes the booking to end prematurely.
e. An event that makes it impracticable or illegal to proceed with the booking, such as: (i) government-declared emergencies; (ii) military actions and other hostilities; (iii) political unrest; or (iv) unforeseen natural disasters.
f. The host violates these Terms or any other applicable conditions to the booking, including those published in the listing.
B. Booking Issue Claim.
Both parties agree to first attempt to resolve any disputes related to a Booking Issue through direct communication and good faith efforts. The renter may initiate resolution by requesting compensation directly through the Rentos dashboard for issues experienced during the booking. Accepting payment for a Booking Issue indicates resolution, and the renter forfeits the right to later file a claim against the host concerning the same issue.
If direct resolution is not possible and the renter believes they are entitled to a refund due to a Booking Issue, the renter must file a “Booking Issue Claim” with Rentos to initiate the formal resolution process. The claim must be filed within 48 hours after the booking concludes and be substantiated with relevant evidence, such as photographs, videos, and written communications, detailing the issue for a comprehensive investigation. Upon filing, Rentos will notify the host, who has 48 hours to respond and submit any additional information.
Rentos may facilitate mediation or a similar dispute resolution process, with costs shared by both parties, to reach a mutually agreeable solution. The process, conducted by Rentos or a third-party mediator, is voluntary, confidential, and non-adversarial, aiming to preserve relationships and provide time and cost savings.
If the parties are unable to reach an agreement through mediation, they retain the right to pursue any legal remedies available.
Note that Rentos is not a party to the rental agreements or other transactions between hosts and renters, and thus is not liable for any Booking Issue or associated payments. Both parties agree to absolve, release and indemnify Rentos from any claims, disputes, or damages arising out of or related to the claim or the resolution process.
11. CANCELLATIONS.
Rentos enforces standardized cancellation policies to protect both hosts and renters.
A. Booking Request Cancellations.
A renter may cancel a booking request any time before it is accepted by the host. If accepted, but payment is submitted, cancellation may occur by not paying before the host’s specified due date. Hosts will not receive payment for cancelled booking requests.
B. Booking Cancellations.
Either party may cancel a booking before its start time.
Cancellation refunds or host payment retentions depend on the cancellation policy that is selected by the host and applicable to the listing at the time of booking, and the timing of the cancellation relative to the booking start time. Changes to a listing’s cancellation policy after the booking was entered into do not affect an existing booking’s cancellation policy.
The "Cancellation Policies" are as follows:
a. Flexible
i. Full refund for cancellations made more than 24 hours before the booking start time.
ii. No refund for cancellations made within 24 hours of the booking start time.
b. Moderate
i. Full refund for cancellations made more than 5 days before the booking start time.
ii. 50% refund for cancellations made 2 to 5 days before the booking start time.
iii. No refund for cancellations made within 2 days of the booking start time.
c. Strict
i. Full refund for cancellations made more than 30 days before the booking start time.
ii. 50% refund for cancellations made 14 to 30 days before the booking start time.
iii. No refund for cancellations made within 14 days of the booking start time.
d. Non-Refundable
i. All cancellations are non-refundable.
C. Extenuating or Unforeseen Circumstances.
The Cancellation Policies may be overridden for a full renter refund and no host payment, if the renter contacts us within 24 hours of cancellation and provides documentation evidencing extenuating or unforeseen circumstances. Acceptable extenuating or unforeseen circumstances include:
a. An event that makes it impracticable or illegal to proceed with the booking, such as: (i) government-declared emergencies; (ii) military actions and other hostilities; (iii) political unrest; and (iv) natural disasters that are uncommon enough to be unforeseeable in that location.
b. The existence of a Booking Issue (as defined in Section 10), which will not be corrected, resolved, rectified, or otherwise cured by the booking start time.
c. Evident violation of these Terms and/or any other Terms and conditions which are applicable to the booking, including those published in the listing, by the other party.
D. Host Cancellation Penalties.
If a host cancels a booking, regardless of the circumstances, the renter will receive a full refund and the host will not receive payment. If a host cancels a booking without a valid reason (see Extenuating or Unforeseen Circumstances), the host may be subject to additional penalties, including but not limited to (1) forfeiting pending and future payouts; (2) paying fines equal to Rentos’ commission, service fees, and processing fees, as well as any additional costs or fees incurred as a result of the booking or cancellation; (3) blackout dates of the cancelled booking; and (4) lowered listing rankings in the search results.
12. PAYMENT TERMS.
By making or accepting payments through the Site, you agree to pay all applicable fees, including Rentos’ commission, service fees, processing fees, and taxes. Rentos reserves the right to modify the fees from time to time. You also to be charged for all applicable amounts in cases of Cancellations, Booking Issues, Late Returns, and/or Damage or Non-Returns.
To make or accept payment on the Site, you must provide current, complete, and accurate account and payment information to our payment processor. You further agree to promptly update your account and payment information, including your email address, payment method, and payment card expiration date. We reserve the right, in our sole discretion, to impose limits, revoke, or disable your ability to make and/or receive payments on the Site.
We currently utilize Stripe, Inc. (“Stripe”) for payment processing. By making or accepting payment on the Site, you agree to the Terms of the Stripe Connected Account Agreement and the Stripe Terms, which may be modified from time to time. We are not a party to these agreements and are not responsible for Stripe’s services. If Stripe no longer provides payment processing services on the Site, you authorize Stripe to share your account and payment information with an alternative provider. By using Stripe’s services on the Site, you authorize us to collect and share all necessary information with Stripe and perform all necessary activity for the purposes of facilitating Stripe’s payment processing services. We reserve the right, in our sole discretion, to change our payment processing provider at any time. If using PayPal, Apple Pay, or Google Pay, you agree to be bound by their respective Terms and conditions.
Payments made through the Site, minus applicable fees, are earned only after the conclusion of a booking and are typically be released within 2-7 business days post-booking.
13. SUBSCRIPTION PAYMENTS AND AUTOMATIC RENEWAL.
Subscriptions, including listing packages, automatically renew at the end of the then-current term for an additional term of the same duration and at the then-current non-promotional rate.
To prevent automatic renewals, you must manually turn off auto-renewal in your billing manager at least five (5) days before your current term expires. If auto-renewal is turned off, your current subscription remains active until the end of the term but will not renew automatically. To renew an expired or non-renewing subscription, you must pay the current non-promotional rate and/or activate a new subscription. If you do not disable auto-renewal and continue using our service, you re-affirm and authorize us to charge your payment method for additional Terms at the current non-promotional rate.
If your last purchased service changes in any way or is no longer available, you agree and authorize us to charge your payment method for the most similar service, even at a different price. You are responsible for such charges, and we reserve the right to obtain payment directly from you if necessary. You may update your payment information in your billing manager if needed.
14. TAXES.
You are responsible for determining, collecting, reporting, and/or remitting all sales, use, duty or other governmental taxes or fees to the relevant tax authority under applicable tax laws and regulations.
In certain jurisdictions, tax regulations may require that we facilitate the collection, reporting, remittance, and/or withholding of such taxes to the relevant tax authority. In such event, you must provide us with documentation, such as your social security number and other tax identifiers, to support such obligations. You agree that we may withhold payouts, to the extent permitted by law, until such documentation is provided.
In the event that the taxes collected, reported, remitted, or withheld are insufficient to fully discharge your tax obligations, you agree that your sole remedy is from the applicable tax authority. We retain the right, with prior notice, to cease facilitating the collection, reporting, remittance, and/or withholding of taxes in any jurisdiction for any reason.
15. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are expressly permitted by the Terms.
As a user of the Site, you are prohibited from:
- Systematically retrieving data or other Content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written consent.
- Deceiving, defrauding, tricking, or misleading us and other users, especially in attempts to obtain sensitive information such as user passwords.
- Bypassing, circumventing, disabling, or interfering with security features of the Site, especially those that restrict or prevent the use of any Content or enforce limitations on the usage of the Site and/or the Content contained therein.
- Disparaging, tarnishing, or otherwise making derogatory or harmful comments about us or the Site.
- Using information obtained from the Site to harass, abuse, or harm others.
- Misusing our support services or submitting false claims or reports of abuse or misconduct.
- Using the Site in a manner that contradicts any applicable laws, rules, ordinances, or regulations.
- Unauthorized framing or linking to the Site.
- Uploading or transmitting, or attempting to upload or transmit, disruptive material such as viruses, Trojan horses, or spam, including excessive use of capital letters and spamming (continuous posting of repetitive text), which affects other users’ uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engaging in any automated use of the system, such as using script-based comments or messages, data mining, robots, or similar data gathering and extraction tools.
- Removing copyright or other proprietary rights notices from any Content on the Site.
- Impersonating another user or person or using the identity of another user.
- Uploading or transmitting, or attempting to upload or transmit, any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfering with, disrupting, or overburdening the Site or its connected networks and services.
- Harassing, intimidating, or threatening those involved in accessing, using, or providing any portion of the Site or offerings.
- Attempting to circumvent or bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Copying or modifying the Site’s software, such as Flash, PHP, HTML, or JavaScript.
- Deciphering, decompiling, disassembling, or reverse engineering any part of the Site’s software, unless permitted by applicable law.
- Using, launching, developing, or distributing any automated systems or unauthorized scripts, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, except as a result of a standard search engine or browser usage.
- Unauthorized collection of users’ information, such as names, email addresses, or phone numbers, for the purpose of sending unsolicited emails, calls, or text messages, or creating user accounts by automated means or under false pretenses.
- Using the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise not authorized by us.
- Manipulating the Ratings and Reviews system in any manner, including coercion, bribery, extortion, or intimidation, or instructing a third party to write a positive or negative review about any users.
16. USER GENERATED CONTRIBUTIONS
We may offer you opportunities to engage in blogs, message boards, forums, and other interactive features, and to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, listings, or other materials (collectively, “Contributions”) on the Site.
These Contributions may be accessible to other users and through third-party websites. Therefore, any Contributions you make may be considered non-confidential and non-proprietary. By creating or providing Contributions, you represent and warrant that:
- Your Contributions do not and will not infringe on any third-party’s proprietary rights, including copyrights, patents, trademarks, trade secrets, or moral rights.
- You own your Contributions or have the necessary licenses, rights, consents, releases, and permissions to authorize their use by us, the Site, and other users.
- You have obtained the written consent, release, and/or permission to use the name and likeness of every identifiable individual in your Contributions as required for their inclusion and use as per the Site and these Terms.
- Your Contributions are truthful and not false, inaccurate, or misleading.
- Your Contributions do not constitute unauthorized or unsolicited advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, violent, harassing, libelous, slanderous, or otherwise objectionable, as determined by us.
- Your Contributions do not belittle, mock, disparage, intimidate, or abuse anyone.
- Your Contributions do not promote violence or threaten any person or group.
- Your Contributions comply with all applicable laws, regulations, and rules.
- Your Contributions do not violate the privacy or publicity rights of any third parties.
- Your Contributions do not violate any applicable laws concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions are free from discriminatory remarks based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
- Your Contributions adhere to these Terms and all applicable laws, rules, and regulations.
Violation of these Terms may result in, among other things, termination or suspension of your rights to use the Site.
17. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
18. REVIEWS AND RATINGS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the user, listing, and/or offering being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
19. MOBILE APPLICATION LICENSE
A. Use License
If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the Terms and conditions of this mobile application license contained in these Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
B. Apple and Android Devices
The following Terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s Terms; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the Terms and conditions of this mobile application license contained in these Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its Terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party Terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the Terms and conditions in this mobile application license contained in these Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the Terms and conditions in this mobile application license contained in these Terms against you as a third-party beneficiary thereof.
20. SOCIAL MEDIA
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable Terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the Terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
21. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
22. SITE MANAGEMENT
We reserve the right, but are not obligated to: (1) monitor the Site for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including reporting to law enforcement authorities; (3) in our sole discretion, and without limitation, refuse, restrict, limit, or disable access to any of your Contributions or any portion thereof; (4) remove or disable access to any listings at our discretion, including those we deem objectionable for any reason; (5) impose limits, revoke, or disable your ability to make and/or receive payments on the Site; (6) terminate a user’s account immediately and impose a lifetime ban from using the Site for breaches of these Terms; (7) without notice or liability, remove from the Site or disable files and content that are excessively large or in any way burdensome to our systems; (8) suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof) at our discretion; and (9) manage the Site in a manner designed to protect our rights and property and ensure the proper functioning of the Site.
These actions can be taken at our sole discretion and without prior notice, to maintain the integrity and security of the Site and its users.
23. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: http://www.rentos.com/privacy-policy. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children.
24. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
25. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
26. TERM AND TERMINATION
These Terms shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
27. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on the Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
28. GOVERNING LAW
These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of Florida, without regard to its conflict of law principles.
29. DISPUTE RESOLUTION AGREEMENT
A. Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim arising out of or related to these Terms (each, a “Dispute” and collectively, the “Disputes”) brought by either you or us (each, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least ninety (90) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
B. Binding Arbitration
If the parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU ACKNOWLEDGE AND AGREE THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. YOU UNDERSTAND THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY AND/OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Rentos agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website: http://www.adr.org.
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Miami-Dade County, Florida. Additionally, arbitrations may be conducted telephonically or via video conference for Disputes alleging damages less than $10,000. Except as otherwise provided herein, the parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Miami-Dade County, Florida, and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of that court.
C. Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
ANY DISPUTE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER SUCH DISPUTE AROSE; OTHERWISE, THE DISPUTE IS PERMANENTLY BARRED, WHICH MEANS THAT THE PARTIES WILL NOT HAVE THE RIGHT TO BRING THE DISPUTE.
D. Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
30. APPLE TERMS
If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.
31. GOOGLE TERMS
The Site may implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms.
Translations on the Site may be powered by Google. Google Translate may not translate everything and Google Translate may not provide an exact translation. Google disclaims any and all warranties related to the translations, express or implied, including warranties of accuracy, reliability, and implied warranties for merchantability, fitness for a particular purpose and non-infringement. BY RELYING ON INFORMATION OBTAINED FROM USING GOOGLE TRANSLATE, YOU ARE DOING SO AT YOUR OWN RISK.
32. CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
33. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT MANY ACTIVITIES ASSOCIATED WITH ACCESSING AND USING THE SITE CARRY INHERENT RISKS, INCLUDING BUT NOT LIMITED TO RISK OF ILLNESS, BODILY INJURY, DISABILITY, OR DEATH, AND THAT YOU KNOWINGLY AND WILLINGLY ASSUME THOSE RISKS BY CHOOSING TO USE THE SITE AND INTERACTING WITH OTHER USERS, WHETHER IN PERSON OR ONLINE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ADEQUACY, VALIDITY, RELIABILITY, AVAILABILITY, OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OMISSIONS, MISREPRESENTATIONS, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY OFFERING LISTED ON THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF OFFERING. AS WITH THE BOOKING OF A OFFERING THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
34. TESTIMONIALS DISCLAIMER
The Site may contain testimonials by users of the Site. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of the Site. We do not claim, and you should not assume that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.
The testimonials on the Site are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.
The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.
35. EXTERNAL LINKS DISCLAIMER
The Site may contain (or you may be sent through the Site) links to third-party websites, applications, services, resources, or content, which are subject to different Terms and privacy practices, belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability, or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF GOODS OR SERVICES.
36. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
37. INDEMNIFICATION
You agree to release, defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, directors, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any other user of the Site or any third party due to or arising out of: (1) your Contributions; (2) access or use of the Site; (3) breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
38. USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
39. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
40. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
41. MISCELLANEOUS
These Terms and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
42. CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Rentos, LLC
1946 Harrison Street
Hollywood, FL 33020
United States
support@rentos.com
Contact Us
contact@rentos.com
1946 Harrison Street
Hollywood, FL 33020
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