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Terms of Service

LAST UPDATED: December 2023

Welcome to RentOui, a new platform with a website located at www.rentoui.com that provides a marketplace for some platform users ("Lenders") to advertise and rent (a "Rental") or sell (a "Purchase") their luxury handbags and other accessories ("Items") to other Platform users (such user, a "Borrower").

THE AGREEMENT BETWEEN YOU AND RENTOUI

These Terms of Service (the "Terms," and any specific term or condition that is part of the Terms, a "Term") are entered into by and between you and RentOui LLC, a Florida limited liability company (together with any subsidiaries that may exist, "RentOui," "we," "our," "us").

These Terms, together with any other terms and conditions that are incorporated into these Terms by reference ("Additional Terms,") govern your access to and use of the Platform located at www.rentoui.com and all other platforms, mobile sites, services, applications, platforms and tools where these Terms (including any Additional Terms) appear or are linked to (collectively, the "Platform").

This means that -- except if and solely to the extent these Terms expressly state otherwise -- the Terms apply to (i) all functionality, features, or services of the Platform (the "Platform Services"), (ii) all information, materials, software, text, displays, images, video, and audio, all User Content (defined below), and the design, selection, and arrangement thereof, and all Intellectual Property Rights therein and thereto ("Content") and (iii) the Rental, Purchase or any other transaction that the Platform may permit you to engage in, whether directly between a Borrower and Lender, between you and RentOui, or otherwise.

Please carefully read and note each of the following very important points:

These Terms contain very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you.

By creating an Account, by clicking to accept or agree to these terms when this option is made available to you, or by accessing or using the Platform, any Platform Services, or any Content in any way, you accept and agree to be bound and abide by these Terms, including without limitation our Privacy Policy, found atwww.rentoui.com/p/privacy-policy incorporated herein by reference. This applies whether you have registered with us by creating an Account (defined below) or not.

You may not use this Platform, any Platform Services, or any Content if:

  • You do not agree to all of these Terms;
  • You are not at least 18 years of age; or
  • You are prohibited from accessing or using this Platform, any Platform Services, or any Content by applicable law.

IN ADDITION, THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

PRIVACY

Your privacy is incredibly important to us and we are committed to protecting it. Our Privacy Policy,www.rentoui.com/p/privacy-policy, governs our use of any personal information collected on or in connection with the Platform or your use of it.

By accessing and using the Platform and/or by engaging in any business or in connection with the Platform and the Platform Services (whether as a Lender, Borrower, or otherwise), you consent to all actions taken by us concerning your personal information in compliance with our Privacy Policy.

ACCOUNTS

Visiting the Platform When You Don't Have an Account

RentOui loves visitors, so please feel free to take a look at what we're doing. Just remember that you, as a visitor, are required to comply with all the parts of these Terms that apply to all Platform users, including those without an Account.

When You Need an Account

That said, you will need to have an active account with RentOui (an "Account") to enter into any Rental, Purchase, or other transaction through the Platform (whether as a Lender, Borrower, or otherwise), upload any User Content (defined below), or access any parts of the Platform, any Platform Services, or any Content that RentOui has restricted to registered users only.

Setting Up Your Account

To register an Account:

  • You need to be an individual registering for an Account for themselves, not for any other individual or legal entity to use.
  • You need to be at least 18 years old.
  • (As discussed in more detail on our "Create An Account" page,www.rentoui.com/signup, you'll need to provide us with certain contact details and other information about yourself and upload a copy of an acceptable type of government-issued photo ID (i.e. driver's license, passport, or other government-issued ID)
  • Payment Card Information: you may need to provide information for a Payment Card (defined below). You may also need to complete an authorization form for your Payment Card before RentOui approves your Account.
  • You will need a user name to use the Platform. If you do not choose your actual first and last name, the user name you select must not include or consist of language that is offensive or vulgar, cannot infringe or misappropriate someone's intellectual property rights or identity, or otherwise breach these Terms.
  • By providing us with any requested information and documentation, you represent that this information and documentation is accurate, up-to-date, true, and complete. Should any requested information change or any requested documentation expire or otherwise become invalid at any time, regardless of why or how, you agree to immediately update RentOui so that information or documentation entered into or associated with your Account is once again accurate, up-to-date, true, and complete as soon as possible.
  • RentOui will maintain the privacy of any information or documentation you provide to register your Account in accordance with our Privacy Policy.
  • Once you have supplied us with any requested information and documentation, we will evaluate your complete registration information and let you know if you have been accepted as a registered RentOui user.

Other Important Points About Your Account

  • Your Account is meant for your use only, not for any other individual or legal entity. Unless expressly permitted elsewhere by these Terms, you are not allowed to share or provide access to your Account, or your Account password or login credentials to anyone other than RentOui personnel. Your Account is not transferable.
  • You – not RentOui, any other Platform user, or third party – are solely responsible for any activity done on your Account, or by using your Account in any way, whether that is done knowingly and/or intentionally by you or otherwise.
  • RentOui reserves the right, in its sole discretion, to not accept any person as a registered user.

ITEM RENTALS AND PURCHASES

RentOui is a Marketplace, not a Lender or Seller of any Items.

RentOui is a marketplace and venue for you to learn about and rent or purchase Items from Lenders. However, RentOui is not the owner or the Borrower of any Items available on the Platform.

Agreements for Item Rentals or Item Purchases are Between Lenders and Borrowers.

  • In addition to the parts of these Terms that set out the legal agreement form between you and RentOui, these Terms also set out the terms and conditions of the agreement that is formed between a Lender and a Borrower.
  • Whether you are a Borrower or a Lender, you hereby acknowledge and agree that (i) the applicable Lender, not RentOui, is, as between the applicable Borrower and Lender, the legal owner of any Item that is being rented or purchased and (ii) any agreement between a Borrower and Lender for an Item Rental or Purchase is only between that Borrower and that Lender, and (iii) RentOui is not a legal party to that Borrower-Lender agreement.
  • You further acknowledge and agree that any such agreement between a Lender and a Borrower only comes into legal effect at the time when a Borrower's Rental or Purchase of an Item is confirmed by RentOui (usually in a confirmation email).

How to Rent or Purchase an Item.

First You Need An Account: To rent an Item, you need to have your Account (including your Payment Card) authorized by RentOui in writing.

Once your Account has been approved, you can go to our RentOui Marketplacewww.rentoui.com and start looking for that perfect handbag or other Item. From the RentOui Marketplace, you will be able to connect directly with a Lender for the Rental or Purchase of one or more Items.

Pricing and Payment for Item Rentals and Purchases

  • Any prices listed for Renting or Purchasing an Item or for any other transactions available through the Platform are subject to change without notice.
  • An Item's price, whether for Rental or Purchase, will be set by the Lender, subject to RentOui's ultimate review and confirmation. As discussed more in our RentOui FAQs,www.rentoui.com/p/faq, a Lender is free to communicate with a potential Borrower to negotiate the commercial terms of a Rental or Purchase. For instance, a Borrower may be able to negotiate with a Lender for a lower daily fee or a longer-than-average Rental period.
  • The Lender will also (subject to RentOui's ultimate review and confirmation) specify the amount of any deposit required in connection with renting an Item. You hereby agree that your Payment Card may be charged for the entire amount of the deposit in connection with your Rental should damage above ordinary wear and tear, theft or loss occur to the rented item.
  • Unless expressly stated elsewhere in these Terms, the price for any Rental or Purchase does not include any taxes, duties, Payment Card fees, or other charges that you may be responsible for, and these will be added to your transaction total, where required.
  • We are not responsible for any pricing, typographical, or other errors in any offer by a Lender, by us, or by a third party. We reserve the right to, in our sole discretion, cancel any Rental, Purchase, or other transaction in the event of any such errors and facilitate the refund of any monies you may have already paid.

Payment Terms; Payment Cards

  • Payment Terms are determined by RentOui in its sole discretion and, unless otherwise agreed by us in writing, full payment of all amounts required for the Rental, Purchase, or other transaction must be confirmed by RentOui as received before we confirm that transaction.
  • Payment may only be made with a valid credit card, debit card, or use of those bona fide electronic payment providers (i.e., PayPal) that the Platform indicates are accepted (collectively, "Payment Cards"). We reserve the right to accept or decline some forms of payment, including, but not limited to "pre-paid" or "re-loadable" Payment Cards.
  • A Payment Card authorization form may be required before approval of any Rental or Purchase. You acknowledge and agree that RentOui has the right to run a prequalification screening and/or credit check on you should RentOui deem that necessary or appropriate.
  • By using a Payment Card, you represent and warrant that (i) all Payment Card information you supply to us or any Payment Processor (defined below) is true, correct, and complete, (ii) you are duly authorized to use such Payment Card for such transaction, (iii) charges incurred by you will be honored by your Payment Card issuer or provider ("Payment Card Company"), (iv) you will pay charges incurred by you at the prices, including all applicable taxes, shipping or delivery costs and other amounts (if any), and (v) you have the full right and authority to enter into the applicable transaction in the manner elected without violating any applicable law, rule, or regulation. You will be solely responsible for any fees or charges you may incur in connection with using a Payment Card.
  • You must provide and maintain current, complete, and accurate Payment Card information and you represent and warrant that you have the legal right to use any such Payment Card.
  • Notwithstanding any amounts payable to RentOui, to a Lender, or another party through the Platform, RentOui does not itself process payments. We use a third-party payment processor (a "Payment Processor") to bill you through the Payment Card linked to your Account or otherwise provided in connection with a transaction. Currently, we use Stripe, Inc. and its affiliates ("Stripe"), a third-party payment processor, as our Payment Processor. These payment processing services provided by Stripe are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe's Global Privacy Policy available at:https://stripe.com/privacy (collectively, the "Stripe Agreements"). By agreeing to these Terms, Platform users that use the payment functions of the Platform also agree to be bound by the Stripe Agreements, as the same may be modified by Stripe from time to time. You hereby authorize Stripe to store (and, if applicable, continue billing) your specified Payment Card even after such Payment Card has expired. Please contact Stripe for more information. RentOui assumes no liability or responsibility for any payments you make through the Platform. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due in connection with your Account upon demand. You authorize us to attempt repeat charges on your Payment Card if an initial attempt to charge fails.
  • We may choose not to process or accept any Rental or Purchase you attempt to complete through the Platform at our sole discretion.
  • Should RentOui not receive any amount required for a Rental, Purchase, or other transaction when due, your transaction may be canceled. You agree to pay any amounts in connection with a Rental, Purchase, or other transaction you agreed to upon demand by RentOui.
  • You hereby agree to the placement of a credit card hold to cover any Rental deposit, Rental late fees, or any additional charges for any unexpected losses or damages incurred by RentOui and/or, in the case of a Rental, any loss or damages incurred by the applicable Lender that you are responsible for under these Terms.
  • You further agree that if you do not return an item you have rented you will be charged a late fee for each day over the return date and your credit card may be charged for the additional daily rental fee as well as a daily late fee. In the event the item is not returned within 5 days after the end of the rental period, you will provide a written explanation of the circumstances to the Lender and to RentOui. Your credit card will be charged the full retail value of the item in the event the item is not returned within that period of time in RentOui's discretion. The circumstances surrounding your inability to return the item must be communicated in writing to the lender and to RentOui. Any item reported lost will be assumed to be stolen and a police report may be filed for the stolen item.

DELIVERY AND RETURNS

  • IMPORTANT: At this time, RentOui only allows for Rentals and Purchases where the delivery location is within the city of New York or the Miami Metropolitan area.
  • We offer a delivery service with third-party couriers or carrier where they will pick up and deliver items subject to the transactions contemplated herein. You are responsible for confirming the accuracy of all delivery information. We do not guarantee deliveries for any specific date, however, the courier or carrier may provide tracking information to assist you in the timely delivery of items. RentOui is not responsible for any item lost, damaged or stolen in transit but we can assist you in resolving issues related thereto. Users may also arrange for the delivery of items between themselves.

RULES YOU NEED TO FOLLOW WITH WHEN YOU RENT AN ITEM

When you Rent an Item, you agree to comply with each of the following Terms:

  • You may only use an Item for your personal, household, or internal business purposes (i.e. something you bring to a business event). Otherwise, without RentOui's specific written approval, you may not use an Item for any other commercial, business, or other purposes, including in connection with your creation or distribution of any advertising, promotional, or marketing materials.
  • Unless a Lender expressly agrees otherwise, you are the only person who may use the rented Item; you may not make it available to anyone else for their use.
  • You must use and otherwise deal with a rented Item in a safe, appropriate, and reasonable manner at all times, always taking due care to minimize the loss, destruction, disappearance, or any damage to such rented Item.
  • You may not sell, lend, lease, or rent out an Item to any third party.
  • You must comply with all other conditions on usage (except any conditions that conflict with any of these Terms) that a Lender may have specified as part of your arrangement to Rent an Item.
  • You must notify RentOui and the Lender in writing if you know or have reason to believe you may not be available to accept delivery at or arrange for the return of an Item to the locations specified in RentOui's written confirmation of your Rental.

LATE RETURNS; DAMAGE OR LOSS OF A RENTED ITEM

  • If you return an Item after the return date specified in RentOui's written confirmation for the Rental, you will be charged an amount equal to fifty dollars ($50) plus the daily Rental fee for each day the Item is returned late.
  • If you rent an Item, then, from the time it is delivered to the address you specified to the Lender to the time it is delivered back to the address specified by the Lender, you are solely responsible for any loss, destruction, or damage to the Item for any reason beyond normal wear and tear, whether that's the result of theft, disappearance, fire, water damage, major staining or otherwise.
  • In the event of any such loss, disappearance, destruction, or damage (beyond ordinary course wear-and-tear) to an Item while you are responsible for it, you are required to immediately report the issue in sufficient detail in writing, to (1) RentOui (by email to help@rentoui.com) and (2) to the Lender through the Lender messaging feature on the Platform. You will also provide any photos of a damaged Item requested by RentOui or the applicable Lender.
  • In the event of a Rented Item's destruction, disappearance, or damage, a Borrower is responsible for the following costs:
    • If the Item was damaged but can be repaired at a reasonable expense to the Lender: the Borrower is responsible for the repair costs provided that the Lender must submit sufficient documentation on the costs of repair and the repair service that was used. If RentOui determines the Lender's costs of repair are excessive or otherwise unreasonable, RentOui shall have the right, in its sole discretion, to reduce the amount payable by the Borrower in such instance, and RentOui's determination shall be binding and not appealable by either the Borrower or Lender;
    • If the Item was destroyed, lost, or damaged in a way that cannot be readily repaired at a commercially reasonable cost relative to the Item's value as listed on the Platform immediately before your Rental is confirmed (the Item's "Listed Value"), the Borrower must pay the Listed Value; provided, that the Listed Value may not exceed the manufacturer's suggested retail price ("MSRP") or current fair market value for that Item (i.e. the Item's original 'sticker price' recommended by an Item's manufacturer to retailers). In the event of any disagreement over whether the Listed Value of an Item exceeds its MSRP, RentOui shall determine the Item's MSRP or current fair market value. Such determination is final, binding, and not subject to appeal by any party.
    • The Borrower may also be charged an amount equal to 1.5 times the daily Rental fee for each day reasonably required for the Lender, acting promptly, to have the Item repaired or replaced.
  • A Borrower may not attempt to repair or replace a rented Item that is damaged, destroyed, or lost without the Lender's express written consent to do so.
  • If you are deemed to owe RentOui or a Platform user according to these Terms, you hereby agree to pay any amounts owed within 72 hours of written notification to the most recent email address associated with your Account. You are responsible for ensuring this email address remains functional and that you check this email address regularly.
  • If any such amount is not paid in that time, you agree that RentOui may charge this amount to your Payment Card. You hereby agree not to contest any such charges with your Payment Card provider.
  • If you are authorized by the Lender to have the Item repaired, you will be responsible for the daily Rental fee for each additional day the Item is not available to the Lender beyond the end of your agreed-upon Rental period.

IF AN ITEM IS NOT AVAILABLE FOR DELIVERY AS SCHEDULED

There may be instances when an Item you have Rented or Purchased is unavailable for delivery to you as scheduled (as per the terms of RentOui confirmation of that Rental or Purchase).

  • Whenever possible, a Lender is obligated to let you, the Borrower, know, as early as possible if that will occur.
  • If an Item cannot be delivered to you for any part of the Rental period or at all (in the case of a Purchase), you will be automatically provided with a full refund for any portion of the Rental or Purchase price you may have already paid and you will have no further payment obligations for that Item.
  • If an Item can be delivered to you for only part of the Rental period, you have three (3) options:
    • If the Lender confirms the Item is available during that time, you can choose to adjust the duration of your Rental by notifying the Lender so it extends by up to a maximum number of days equal to the number of days your Item was delivered late;
    • Your total Rental fee will be reduced by an amount equal to 1.5 times the daily Rental rate for each day it is delivered late. With this option, you will also be automatically refunded any amounts already paid but no longer part of the Rental fee total; and/or
    • You and the Lender may agree to another resolution provided that this resolution complies with these Terms and is approved by RentOui in writing.

NO PRE-SCREENING, WARRANTIES, OR GUARANTEES BY RENTOUI

  • RentOui does not pre-screen any Borrowers, Lenders, other Platform users, Items, or any User Content for any purposes.
  • Except as expressly stated elsewhere in these Terms:
    • RentOui makes no representations, warranties, guarantees, or endorsements about any Borrowers, Lender, or any Items available for Rental or Platform through Platform.
    • Any information or other Content (defined below) about an Item (for example, a written description of photos of an Item, product specifications about an Item, etc.) Posted on or made available through the Platform is for general information purposes. We do not warrant the accuracy, completeness, or usefulness of any Content. Any reliance you place on any Content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on any Content by you, any other Platform user or Platform visitor, or by anyone who may be informed of any Content.
  • This Platform may include Content provided by third parties, including User Content that is Posted by other Platform users. All statements and/or opinions expressed in such Content, and all articles and responses to questions and other Content, other than Content provided directly by RentOui, are solely the opinions and the responsibility of the person or entity providing that Content. Such Content does not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for what is included in or the accuracy of any Content provided by any third parties.

ADDITIONAL TERMS FOR LENDERS

If you are a Lender, please see the Additional Terms for Lenders on our [Terms for Lenders] pagewww.rentoui.com/p/terms-for-lenders.

USER CONTENT; LICENSE GRANT

  • "User Content" means anything that would otherwise qualify as "Content" that you or any other Platform user uploads, posts, provide to, or otherwise make available on or through the Platform (collectively, "Post" and "Posting") other than providing that directly and only to RentOui or in direct messaging (through the Platform's messaging functionality) between a Borrower and a Lender. So, for example, the information you provide as part of registering an Account is not User Content. On the other hand, if you post a rating or review of a particular Lender, or if you, as a Lender, provide photos or a written description of an Item in the RentOui Marketplace, you are Posting User Content.
  • By Posting any User Content on the Platform, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to RentOui a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness to the extent that is contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Platform and our business, including for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each other Platform user a non-exclusive license to access your User Content through the Platform as permitted through the functionality of the Platform.
  • You must abide by all Terms that are applicable when you Post User Content or otherwise interact with other Platform users – such as a potential Borrower messaging with a potential Lender through the Platform.
  • You are solely responsible for your interactions with other Platform users. Except and solely to the extent expressly stated otherwise in these Terms, we have no responsibility or liability for your interactions with other Platform users or any Platform user's actions or inactions. We reserve the right, but have no obligation, to monitor disputes between you and anyone else using the Platform.
  • Any User Content you Post (including any messages you send through the Platform to another user) must fully comply with our community standards.

This means that your User Content may not include anything that:

  • is pornographic, fraudulent, immoral, infringing, illegal, harassing, offensive, or defamatory:
  • may create any significant risk of harm, damage, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, any animal, or any property;
  • seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise;
  • violates the Intellectual Property Rights or other legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms;
  • contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
  • promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
  • contains any information or content that is illegal (including the disclosure of insider information under securities law or another party's trade secrets);
  • contains any information or content that you do not have a right to make available under any law or because of any of your contractual or fiduciary relationships;
  • contains any information or Content that you know is not correct and current; or
  • is likely to deceive any person.
  • RentOui reserves the right to monitor any User Content and either require users to remove any User Content we deem unacceptable or remove such User Content ourselves.

OTHER PROHIBITED USER CONDUCT

  • In addition to the Terms applicable above on User Content, you may not engage in any Prohibited User Conduct (defined below) except to the extent expressly permitted elsewhere in these Terms or otherwise in writing by us.

"Prohibited User Conduct" means any use of the Platform, any Platform Service, any Content, Posting any User Content, or selling, renting, purchasing, or using any Item made available to you through the RentOui Marketplace or otherwise through the Platform that:

  • enters into a Rental or Purchase of an Item with a Borrower or Lender outside the use of the Platform when any discussions concerning that Rental or Purchase took place on or through the Platform;
  • violates these Terms, any local, state, federal, or international law, rule or regulation, or any rules of conduct we Post concerning the Platform, any Platform Services, or any Content;
  • reveals any personal information about another individual, including another person's address, phone number, e-mail address, credit card number, or any information that may be used to track, contact, or impersonate that individual;
  • attempts to impersonate any person, or misrepresent your identity or affiliation with any person or organization or that gives the impression that they emanate from or are endorsed by RentOui or any other person or entity if this is not the case;
  • tricks, defrauds, or misleads us, any Platform users, or other third parties or involves you knowingly providing false or inaccurate information to us, any Platform users, or other third parties;
  • makes improper use of our support services or submits false reports of abuse or misconduct;
  • without our prior written consent, engages in any commercial activities, including any attempt to raise money for anyone, or advertises or promotes a product, service, website, pyramid scheme, or other multi-tiered marketing scheme;
  • creates or transmits unwanted electronic communications such as "spam," to other Platform users or otherwise interferes with the use and enjoyment of the Platform, any Platform Services, or any Content by any other Platform user;
  • (except to the extent expressly permitted elsewhere in these Terms) involves commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; provided, however, that User Content may consist of information and other materials that advertise and promote an Item that is available for Rental or Purchase through the Platform.
  • disparages, tarnishes, or otherwise harms, in our opinion, us, the Platform, any Platform Services, or any Content; provided this will not apply to you rating or reviewing any Lender or Borrower through any Platform Service that allows for us, provided it's done reasonably, in good faith, and with the use appropriate language;
  • introduces (whether intentionally or unintentionally) any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful (collectively, "Viruses");
  • copies or adapts the Platform including any Flash, PHP, HTML, JavaScript, or other code used in the Platform or reverse engineers, decompiles, reverse assembles, modifies, or attempts to discover any software (source code or object code) that the Platform creates to generate web pages, or any software, or other products or processes accessible through the Platform;
  • except as may be the result of standard search engine or Internet browser usage, uses or launches, develops or distributes any automated system, including any spider, robot, cheat utility, scraper or offline reader that accesses the Platform or any Content, or uses or launches any unauthorized script or other software;
  • covers or obscures any notice, banner, advertisement, or other branding on or in the Platform or any Content; or,
  • interferes with or circumvents any security feature of the Platform or any feature that restricts or enforces limitations on the use of or access to the Platform, any Platform Services, or any Content.

CONTENT AND RENTOUI'S INTELLECTUAL PROPERTY RIGHTS

  • The Platform, all Platform Services, and all Content are owned by us, our licensors (which may include Lenders or other Platform users), or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit the Platform, any Platform Services, or any Content (other than the User Content that you provide) for any other purpose.
  • Except solely as expressly stated elsewhere in these Terms, you have no right, title, or interest in or to the Platform, the Platform Services, or the Content (other than any User Content that you Post), and all rights not expressly granted herein are reserved by us or its licensors (including all Platform users that Post any User Content). Any use of the Platform, any Platform Services, or any Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress, and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
  • The trademarks, service marks, and logos of RentOui ("RentOui Trademarks") used and displayed in connection with the Platform and the Content are registered and unregistered trademarks and service marks of RentOui. Other business, company, product, and service names located on the Platform or otherwise used in connection with the Platform, the Content, or Items may be trademarks or service marks owned by third parties including Lenders ("Third-Party Trademarks", and, collectively with the RentOui Trademarks, the "Trademarks"). Nothing on or made available to you on or through the Platform or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Platform or otherwise used in connection with the Platform, any Content, or any Items without our prior written consent specific for each such use. The Trademarks may not be used to disparage us or any third party, this Platform, our or any third party's products or services, or in any manner that we think may damage any goodwill in any Trademarks. All goodwill generated from the use of any RentOui Trademark will inure to our benefit.
  • Use of any RentOui Trademarks as part of a link to or from any Platform is prohibited without our prior written consent excepting reasonable and positive social media posts properly identifying RentOui.
  • As we do not undertake to review any Content (other than Content that is provided directly by us) before it is Posted (defined below) to the Platform, we cannot ensure prompt removal of objectionable Content after it has been Posted. Accordingly, we assume no liability or responsibility for any action or inaction regarding transmissions, communications, or other Content Posted by any Platform user or other third party.
  • You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Platform, any Platform Services, or Content (collectively, "Feedback") that you provide to us are non-confidential and we will be entitled to the unrestricted use and dissemination of any such Feedback for any purpose, commercial or otherwise, without your acknowledgment or compensation to you.

THIRD-PARTY RESOURCES.

  • The Platform may contain links to third-party Platforms, services, or other resources on the Internet, including those operated by Lenders or other Platform users, sponsors, advertisers, and social media networks (collectively, "Third-Party Resources"), and, likewise, Third-Party Resources may contain links to the Platform.
  • These links are provided solely as a convenience to you and not as an endorsement by us of any Third-Party Resource or any content on a Third-Party Resource.
  • Third-Party Resources and their content are developed and provided by others. You should contact the applicable operator or administrator of a Third-Party Resource if you have any concerns regarding those links or any content located on that Third-Party Resource. We are not responsible for the content of any Third-Party Resources and do not make any representations regarding the content or accuracy of any materials on such Third-Party Resources.
  • You should take precautions when accessing or downloading files from any Third-Party Resources to protect your computer and other equipment from Viruses and other destructive programs. If you decide to access any Third-Party Resources, you do so at your own risk.
  • You acknowledge and agree that no RentOui Party (defined below) will be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any Third-Party Resources.

MONITORING AND ENFORCEMENT; TERMINATION

  • RentOui has the right to, at any time, for any or no reason in our sole discretion, and without notice to you:
    • remove or refuse to Post or prohibit you from Posting any User Content;
    • take any action concerning any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms, infringes any Intellectual Property Rights or other rights of any person or entity; threatens the personal safety of users of the Platform or the public, or could create any liability for us;
    • disclose your identity or other information about you to any third party who claims that User Content Posted by you violates their rights including their Intellectual Property Rights or their right to privacy as more specifically stated in the RentOui Privacy Policy;
    • take appropriate legal action, including, referral to law enforcement, for any illegal or unauthorized use of the Platform; and,
    • terminate or suspend your access to all or part of the Platform, disable any user name, password, or other identifier, whether chosen by you or provided by us, terminate your Account, refuse service to you, and/or cancel any Rentals, Purchases, or other transactions you have entered into through the Platform. In the event we cancel any Rental, Purchase, or other transaction, you will promptly receive a complete refund of any amounts you have paid through the Platform to the extent such cancellation did not result from your breach of these Terms.
  • Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone Posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS EACH RENTOUI PARTY AND RENTOUI'S LICENSORS, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

DISCLAIMER OF WARRANTIES

THE PLATFORM, PLATFORM SERVICES, CONTENT, AND ALL ITEMS ARE PROVIDED OR MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AND SOLELY TO THE EXTENT THESE TERMS EXPRESSLY STATE OTHERWISE, YOU ACKNOWLEDGE THAT YOU ACCESS AND USE THE PLATFORM, PLATFORM SERVICES, CONTENT, AND RENT, PURCHASE, AND USE ANY ITEMS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM, PLATFORM SERVICES, CONTENT, AND ALL ITEMS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT EXCEPT, IN THE CASE OF ITEMS, THOSE WARRANTIES THAT ARE EXPRESSLY MADE BY A LENDER (IN WHICH CASE, THEY WILL BE ENFORCEABLE ONLY AGAINST THE LENDER AND NOT AGAINST ANY RENTOUI PARTY). WITHOUT LIMITING THE FOREGOING, THE RENTOUI PARTIES AND THEIR LICENSORS (OTHER THAN LENDERS IN CONNECTION WITH ITEMS THEY MAKE AVAILABLE FOR RENTAL OR PURCHASE THROUGH THE PLATFORM) DO NOT WARRANT THAT ANY CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE PLATFORM, PLATFORM SERVICES, CONTENT OR ANY ITEM WILL MEET YOUR REQUIREMENTS; THAT THE PLATFORM, PLATFORM SERVICES, OR CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR WILL BE UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS IN THE PLATFORM, PLATFORM SERVICES, CONTENT OR ANY ITEM WILL BE CORRECTED; OR THAT THE PLATFORM, PLATFORM SERVICES, OR PLATFORM IS FREE OF VIRUSES. ANY CONTENT ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED FROM OR THROUGH THE USE OF THE PLATFORM IS ACCESSED, DOWNLOADED, OR OBTAINED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH ACCESS OR DOWNLOAD OR YOUR USE OF THE PLATFORM, PLATFORM SERVICES, OR THE CONTENT. RENTOUI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY ITEM OR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY THIRD-PARTY RESOURCE. RENTOUI WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY RESOURCE OR ANY OTHER THIRD-PARTY PROVIDER OF PRODUCTS OR SERVICES.

LIMITATIONS OF LIABILITY

  • TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY, IN NO EVENT WILL RENTOUI, ITS AFFILIATES, OR ITS OR THEIR EMPLOYEES, OFFICERS, MANAGERS, DIRECTORS, AGENTS, AFFILIATES, SUPPLIERS, LICENSORS, CO-BRANDERS OR PARTNERS (COLLECTIVELY, "RENTOUI PARTIES") BE LIABLE HEREUNDER FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR ANY OTHER DAMAGES OF LIKE KIND WHATSOEVER (HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT OR OTHERWISE), INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR OTHER COVER, OR ANY OTHER SIMILAR COMMERCIAL OR ECONOMIC LOSS OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, NOR WILL ANY RENTOUI PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM ANY ACT OR OMISSION OF A THIRD PARTY.
  • WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RENTOUI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (a) ERRORS, MISTAKES, TYPOGRAPHICAL ERRORS, OR INACCURACIES OF ANY CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE PLATFORM, PLATFORM SERVICES, CONTENT OR ANY ITEM; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF ANY INFORMATION TECHNOLOGY SYSTEMS, EQUIPMENT, AND SERVICES USED BY US AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM; (e) ANY VIRUSES THAT MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM OR THE CONTENT; or (f) ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE RENTAL OR PURCHASE OF ANY ITEM OR YOUR ENTERINT INTO ANY OTHER TRANSACTION THROUGH OR IN CONNECTION WITH THE PLATFORM OR ANY ITEM, OR AS A RESULT OF THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
  • THE TOTAL CUMULATIVE COLLECTIVE LIABILITY OF THE RENTOUI PARTIES FOR ALL COSTS, LOSSES, OR DAMAGES FROM ALL CLAIMS, ACTIONS, OR SUITS HOWEVER CAUSED OR ARISING FROM, RELATING TO, OR IN CONNECTION WITH THE PLATFORM, THE CONTENT, AND THE ITEMS WILL NOT EXCEED ONE THOUSAND DOLLARS ($1,000). THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IS NOT INTENDED TO, NOR DOES IT REQUIRE, THE RELINQUISHMENT OF ANY NON-WAIVABLE RIGHT AFFORDED TO YOU BY LAW.
  • SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

INDEMNIFICATION

  • To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless each RentOui Party from and against any claims, actions, or demands, including reasonable legal and accounting fees, arising or resulting from your breach of these Terms, or in connection your access to, use or misuse of the Platform, Platform Services, Content or any Item, or in connection with any Feedback or any User Content you provide to us or Post to the Platform.
  • We will provide notice to you of any such claim, suit, or proceeding that triggers this indemnification obligation, and you agree to do the same by notifying us at help@RentOui.com. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

DISPUTES BETWEEN LENDERS AND BORROWERS AND ANOTHER USER

RentOui will attempt to help resolve disputes between a Lender and Borrower with the following conditions:

  • The Lender and Borrower have made a good faith and complete effort to resolve the matter between themselves without success;

  • Both the Lender and Borrower have provided the full details of the circumstances leading to the dispute, in writing to each other, and to RentOui at help@rentoui.com.

  • Our dispute resolution team may access your communications and ask for additional evidence, including photographs, estimates and police reports which you agree to immediately provide.

  • Your dispute has been raised within 10 days of the end of the rental date. RentOui will not attempt to help resolve a dispute which is not raised within this time period.

  • You agree to pay a $100 dispute resolution fee, payable by the party to which RentOui attributes wrongful behavior, negligence or fault.

  • You agree to be bound by the decision of RentOui and to pay any amounts owed by you, however, you may still pursue your legal rights against the User with who you have a disagreement.

DISPUTES WITH RENTOUI; BINDING ARBITRATION

In the event of a dispute with RentOui concerning any RentOui Matter (a "Dispute"), you and RentOui agree (except as otherwise expressly permitted under these Terms) to submit that Dispute exclusively to binding individual arbitration as further described below.

Informal Dispute Resolution Process

  • Except as otherwise expressly permitted under these Terms, before you or RentOui submit a Dispute to arbitration, you and RentOui agree you will work in good faith to resolve any Dispute informally as follows:
    • To start the dispute process, you must send an individualized written notice ("Dispute Notice") to help@rentoui.com that includes (1) your name, username (if different) phone number, and e-mail address, (2) a description of the Dispute and how you'd like it resolved. Likewise, if RentOui has a Dispute with you, we will send a Dispute Notice with the same information to the email address for your Account.
    • Once a complete Dispute Notice has been received, the recipient has 60 days to investigate the claims making up the Dispute.
    • If either side requests a settlement conference during this period, then you and RentOui must cooperate to schedule that meeting by phone or videoconference.
    • You and RentOui each will personally participate and can each bring counsel, but the conference must be individualized, even if the same firm(s) represent multiple parties.
    • For the claims in the Dispute Notice, any statute of limitations will be tolled from the date the notice is received until the later of (i) 60 days, or (ii) after a timely requested settlement conference is completed ("Informal Resolution Period").
    • An arbitration cannot be filed until the Informal Resolution Period has ended, and a court can enjoin the filing or prosecution of an arbitration in breach of this Section.

Agreement to Arbitrate

If the Dispute has not been resolved following the expiration of the Informal Resolution Period, you and RentOui agree to submit exclusively to binding individual arbitration in accordance with the following Terms:

  • YOU AND RENTOUI ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
  • ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND RENTOUI ARISING FROM OR RELATING IN ANY WAY TO A RENTOUI MATTER WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING, CONFIDENTIAL ARBITRATION.
  • In the event arbitration involves a claim, dispute, or controversy between us and a Platform user acting in the capacity of a Lender (a "Lender Dispute"), the arbitration will be administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules (the "AAA Rules") then in effect (the AAA Commercial Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. Such arbitration shall be conducted in Miami, Florida at the AAA office closest to RentOui's principal place of business.
  • In the event of any claim, dispute, or controversy other than a Lender Dispute, the arbitration will be administered by the AAA in accordance with the Consumer Arbitration Rules (the "AAA Consumer Rules") then in effect, except as modified by this "Agreement to Arbitrate" Section (The AAA Consumer Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this provision.
  • The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision, these Terms, or any agreement between you and RentOui formed, in whole or in part, pursuant to these Terms, is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
  • If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
  • In the event of any claim, dispute, or controversy other than a Lender Dispute, you may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within sixty (60) days of you notifying us about the Dispute. The arbitration or small-claims court proceeding will be limited solely to the specific Dispute you have informed us of in accordance with this Section.
  • You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR ANY OTHER PLATFORM USERS NOR RENTOUI WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST RENTOUI OR ANY PLATFORM USER(S) IN COURT OR ARBITRATION OR TO OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
  • If any provision of the arbitration agreement included in these Terms is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. This agreement to arbitrate will survive the termination of your relationship with us.

EQUITABLE REMEDIES

You acknowledge that RentOui would be irreparably damaged in the event of your breach or threatened breach of any of the Terms set forth in the "Content and RentOui's Intellectual Property Rights", "User Content; License Grant", "Other Prohibited User Conduct", "[Lender Representations and Warranties]", and "[Lender Publicity Restrictions]" Sections, and you agree that, notwithstanding anything in the "Disputes with RentOui; Binding Arbitration" Section elsewhere in these Terms to the contrary, in the event of such a breach or a threatened breach, RentOui will be entitled to an injunction from a court of competent jurisdiction (without any requirement to post bond) to prevent such breaches of the Terms and to enforce specifically the Terms in the Sections listed in this sentence in any court of the United States or any state thereof having jurisdiction over the parties and the matter, in addition to any other remedy to which we may be entitled, at law or in equity.

CHANGES TO THESE TERMS

  • RentOui reserves the right to modify these Terms (including any Additional Terms) without prior written notice at any time, at our sole discretion, by Posting the changes on the Platform and/or sending you an email or message about the modifications.
  • Changes to these Terms will be effective immediately upon RentOui Posting the changes to the Platform unless we specify otherwise in writing.
  • You are solely responsible for reviewing and becoming familiar with any changes to these Terms. If you use the Platform (other than to terminate your Account) after any modification of these Terms, you are thereby agreeing to all such modifications.
  • If you do not agree with these Terms as they have been modified, you must immediately cease any accessing or use of the Platform, any Platform Services, or any Content for any purpose (except solely to the extent necessary for you to terminate your Account).
  • The agreement between you and us formed by these Terms may not be otherwise amended except as expressly agreed to in writing and executed by RentOui and you. Likewise, any agreement between two Platform users (such as a Borrower and a Lender) formed by these Terms may not be otherwise amended except as expressly agreed to in a writing by both users.

GOVERNING LAW AND JURISDICTION

All matters arising out of or relating to these Terms, or arising out of or relating to any Rental, Purchase, or other transactions occurring through the Platform (collectively, "RentOui Matters") are governed by and construed in accordance with the internal laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Florida.

MISCELLANEOUS

  • If any of these Terms is invalid, illegal, void, or unenforceable, then that specific Term will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining Terms.
  • Our failure to act on or enforce any of these Terms will not be construed as a waiver of that Term or any other Term. No waiver will be effective against us unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance.
  • Other than the rights and remedies available to the RentOui Parties as set forth in the "Indemnification" Section above, these Terms do not and are not intended to confer any rights or remedies upon any legal or natural person other than those parties specifically identified in these Terms.
  • We will not be liable for any failure to perform our obligations hereunder where the failure results from any cause beyond our reasonable control, including mechanical, electronic, or communications failure or degradation.
  • Any User Content or other information, content, or materials you submit to or provide through the Platform might be publicly accessible, and you should protect important and private information. We are not liable for the protection of privacy of email or other information transferred through the Internet or any other network that you may use.
  • You hereby agree that these Terms, together with any Rental or Purchase confirmations provided by RentOui, constitute the sole and entire agreement of the parties concerning the subject matters covered by these Terms, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, concerning such subject matters. This applies whether the parties to such agreement are (a) a Lender and a Borrower or (b) you and RentOui.
  • Any agreement that you are a party to as a result of these Terms is personal to you and is not assignable, transferable, or sublicensable by you except with RentOui's prior written consent.
  • RentOui may assign or delegate the agreement formed between RentOui and you by these Terms, and any of its rights or obligations hereunder, in its sole discretion, and any such agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. No agency, partnership, joint venture, or employment relationship is created as a result of such agreement and neither you nor RentOui has any authority of any kind to bind the other in any respect.
  • Whenever the words "include", "includes" or "including" are used in these Terms, they shall be deemed to be followed by the words "without limitation". The definitions contained in these Terms are applicable to the singular as well as the plural forms of such terms and to the masculine as well as to the feminine and neuter genders of such term. When reference is made to a Section, the reference is to a Section of these Terms unless otherwise indicated. Headings contained in these Terms are included for convenience of reference only and shall not affect in any way the meaning or interpretation of these Terms. The words "hereof", "herein" and "hereunder" and words of similar import, when used in these Terms, refer to these Terms as a whole and not to any particular provision of these Terms. References to any statute shall be deemed to refer to such statute as amended from time to time and to any rules or regulations promulgated thereunder. References to any legal or natural person include the successors and permitted assigns of that such person. If an ambiguity or question of intent or interpretation arises, these Terms must be construed as if it is drafted by all the parties to any agreement formed by these Terms, and no presumption or burden of proof shall arise favoring or disfavoring any party hereto by virtue of authorship of any of the provisions of these Terms.

COPYRIGHT INFRINGEMENT MATTERS

  • Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA").
  • Copyright-infringing materials found on the Platform can be identified and removed via our process set out below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may apply.
  • If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. We do not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received according to the Terms set forth below, we will respond by either taking down the allegedly infringing Content or blocking access to it. We may contact the notice provider to request additional information. Under the DMCA, we are required to take reasonable steps to notify the user who posted the allegedly infringing content ("Alleged Infringer"). The Alleged Infringer is allowed under the law to send us a counter-notification. Notices and counter-notices are legal notices distinct from regular RentOui-related activities or communications. We may publish or share them with third parties at our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys' fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.
  • To file a DMCA notice, the copyright owner must send us a notice in the form of a written letter by regular mail or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice. A DMCA notice must:
    • Specifically identify the Content or other information or material that the copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the Item on the Platform. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
    • Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);
    • If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
    • Include the following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law";
    • Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed";
    • Be signed; and
    • Be sent to our DMCA-designated agent at the following address:

DMCA Designated Agent

help@rentoui.com RentOui, LLC

RentOui

The largest online community to rent, lend and sell designer handbags in New York and Miami.

© 2024 RentOui. All rights reserved. RentOui is a registered trademark.

© 2024 RentOui. All rights reserved. RentOui is a registered trademark.
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