Rently, Inc. (hereafter referred to as “Rently”, “we”, “us”, or “our”) provides an online platform that connects Partners who have Vacancies to rent with Visitors seeking to rent such Vacancies (collectively, the “Services”), which Services are accessible at www.Rently.com and any other websites through which Rently makes the Services available (collectively, the “Site”) and as an application for mobile devices (the “Application”). By using the Site and Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and Rently. Please read carefully these Terms and our Privacy Policy, which may be found at http://www.Rently.com/terms, and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Application. Failure to use the Site and Application in accordance with these Terms may subject you to civil and criminal penalties.

THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH PARTNERS MAY CREATE LISTINGS (DEFINED BELOW) FOR USERS (DEFINED BELOW) TO LEARN ABOUT AND VISIT VACANCIES. YOU UNDERSTAND AND AGREE THAT RENTLY IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PARTNERS AND VISITORS, NOR IS RENTLY A REAL ESTATE BROKER, AGENT OR INSURER. RENTLY HAS NO CONTROL OVER THE CONDUCT OF PARTNERS, VISITORS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY VACANCIES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

Key Terms

“Rently Content” means all Content that Rently makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding user Content.

“Collective Content” means user Content and Rently Content.

“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.

“Visitor” means a user who visits a Vacancy via the Site, Application or Services.

Rently, Inc. (hereafter referred to as “Rently”, “we”, “us”, or “our”) provides an online platform that connects Partners who have Vacancies to rent with Visitors seeking to rent such Vacancies (collectively, the “Services”), which Services are accessible at www.Rently.com and any other websites through which Rently makes the Services available (collectively, the “Site”) and as an application for mobile devices (the “Application”). By using the Site and Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and Rently. Please read carefully these Terms and our Privacy Policy, which may be found at http://www.Rently.com/terms, and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Application. Failure to use the Site and Application in accordance with these Terms may subject you to civil and criminal penalties.

THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH PARTNERS MAY CREATE LISTINGS (DEFINED BELOW) FOR USERS (DEFINED BELOW) TO LEARN ABOUT AND VISIT VACANCIES. YOU UNDERSTAND AND AGREE THAT RENTLY IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PARTNERS AND VISITORS, NOR IS RENTLY A REAL ESTATE BROKER, AGENT OR INSURER. RENTLY HAS NO CONTROL OVER THE CONDUCT OF PARTNERS, VISITORS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY VACANCIES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

Key Terms

“Rently Content” means all Content that Rently makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding user Content.

“Collective Content” means user Content and Rently Content.

“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.

“Visitor” means a user who visits a Vacancy via the Site, Application or Services.

“Partner” means a user who creates a Listing via the Site, Application and Services.

“Listing” means a Vacancy that is listed by a Partner as available for rent via the Site, Application, and Services.

“User” means a person who completes Rently’s account registration process, including, but not limited to Partners and Visitors, as described under “Account Registration” below.

“User Content” means all Content that a user posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.

“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes. Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR TO PARTICIPATE IN THE REFERRAL PROGRAM.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Modification

Rently reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.

Eligibility

The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older. How the Site, Application and Services Work The Site, Application and Services can be used to facilitate the listing and visitation of residential and other properties (“Vacancies”). Such Vacancies are included in Listings on the Site, Application and Services by Partners. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to Visit a Vacancy or create a Listing, you must first register to create a Rently Account (defined below).

As stated above, Rently makes available a platform or marketplace with related technology for Visitors and Partners to meet online and arrange for Visitation of Vacancies. Rently is not an owner or operator of properties, including, but not limited to, residential Vacancies, nor is it a provider of properties, including, but not limited to, residential Vacancies and Rently does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, residential Vacancies or transportation or travel services and Rently’s role is solely to facilitate the availability of the Site, Application and Services. Similarly, Rently is not a contracting agent or representative of any Partner. Instead, Rently’s role is solely to facilitate the availability of the Site, Application and Services for users and to provide services related thereto.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE VISITING OF VACANCIES. RENTLY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY VACANCIES. RENTLY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND VACANCIES. ACCORDINGLY, ANY VISITING WILL BE MADE AT THE VISITOR’S OWN RISK.

Account Registration

In order to access certain features of the Site and Application, and to Visit a Vacancy or create a Listing, you must register to create an account (“Rently Account”) and become a user. You may register to join the Services directly via the Site or Application or as described in this section. We will create your Rently Account and your Rently Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Rently Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Rently reserves the right to suspend or terminate your Rently Account and your access to the Site, Application and Services if you create more than one (1) Rently Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Rently Account, whether or not you have authorized such activities or actions. You will immediately notify Rently of any unauthorized use of your Rently Account.

Vacancy Listings

As a user, you may create Listings. To this end, you will be asked a variety of questions about the Vacancy to be listed, including, but not limited to, the location, capacity, size, features, availability of the Vacancy and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Vacancies must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. Other users will be able to Visit your Vacancy via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Visitor requests a Visiting of your Vacancy, the price for such Visiting may not be altered. You acknowledge and agree that you are solely responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the Visiting of, at an Vacancy in a Listing you post

  1. will not breach any agreements you have entered into with any third parties and
  2. will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Vacancy included in a Listing you post, including, but not limited to, zoning laws and laws governing rentals of residential and other properties and (b) not conflict with the rights of third parties. Please note that Rently assumes no responsibility for a Partner’s compliance with any applicable laws, rules and regulations.

You understand and agree that Rently does not act as an insurer or as a contracting agent for, or representative of, you as a Partner, and if a Visitor requests a Visit to your Vacancy and leases your Vacancy, any agreement you enter into with such Visitor is between you and the Visitor and Rently is not a party thereto. Please note that Rently reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Rently, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

If you are a Partner, Rently makes certain tools available to you to help you to make informed decisions about which users you choose to confirm for Visiting for your Vacancy. You acknowledge and agree that, as a Partner, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Vacancy at your request or invitation, excluding the Visitor (and the individuals the Visitor invites to the Vacancy, if applicable.)

Rently recommends that Partners obtain appropriate insurance for their Vacancies. Please review any insurance policy that you may have for your Vacancy carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Visitors (and the individuals the Visitor invites to the Vacancy, if applicable) while at your Vacancy.

Rently provides partners with a high tech electronic lockbox to be leased on a monthly basis or per duration of vacancy. Should a Partner fail to return the lockbox after completion of service or lose the lockbox, Rently will charge Partner credit card 149 USD to replace lockbox.

No Endorsement

Rently does not endorse any users or any Vacancies. In addition, although these Terms require users to provide accurate information, we do not attempt to confirm, and do not confirm, any user’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services. Except as provided in the Rently Partner Guarantee Terms and Conditions (“Rently Partner Guarantee”), which is an agreement between Rently and Partners, we will not be responsible for any damage or harm resulting from your interactions with other users. (Please see Rently’s Partner Guarantee Terms and Conditions for information about the Rently Partner Guarantee.) By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Rently with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other users on the Site and Services regarding any Visiting or Listings made by you.

User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. You agree to remit sales taxes owed in your region on the lockboxes. In connection with your use of our Site, Application and Services, you may not and you agree that you will not:

  • When visiting vacancies, you agree not to damage any property. Visitors will be responsible for any damage caused as a result of visiting vacancies. violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
  • use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content; use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms;
  • copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms;
  • infringe the rights of any person or entity, including without limitation, their intellectual property,
    privacy, publicity or contractual rights;
  • interfere with or damage our Site, Application or Services, including, without limitation, through
    the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; use our Site, Application or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to renting a vacancy;
  • ”stalk” or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Rently Visitor or Partner;
  • offer, as a Partner, any Vacancies that you do not yourself own or have permission to rent as a residential or other property; offer, as a Partner, any Vacancy that may not be rented or subleased pursuant to the
  • register for more than one Rently Account or register for an Rently Account on behalf of an individual other than yourself; contact a Partner for any purpose other than asking a question related to a Visiting, such Partner’s Vacancies or Listings; contact a Visitor for any purpose other than asking a question related to a Visiting or such Visitor’s use of the Site, Application and Services; when acting as a Visitor or otherwise, recruit or otherwise solicit any Partner or other user to join third party services or websites that are competitive to Rently, without Rently’s prior written approval;
  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity; use automated scripts to collect information or otherwise interact with the Site, Application or Services; use the Site, Application and Services to find a Partner or Visitor and then complete a Visiting of an Vacancy transaction independent of the Site, Application or Services in order to circumvent the obligation to pay any Service Fees related to Rently’s provision of the Services;
  • as a Partner, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor; or post, upload, publish, submit or transmit any Content that:
    1. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
    2. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
    3. is fraudulent, false, misleading or deceptive;
    4. is defamatory, obscene, pornographic, vulgar or offensive;
    5. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual o-r group;
    6. is violent or threatening or promotes violence or actions that are threatening to any other person; or
    7. promotes illegal or harmful activities or substances;
  • systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
  • use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, Rently’s name, any Rently trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Rently’s express written consent;
  • access, tamper with, or use non-public areas of the Site or Application, Rently’s computer systems, or the technical delivery systems of Rently’s providers;
  • attempt to probe, scan, or test the vulnerability of any Rently system or network or breach any security or authentication measures; avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Rently or any of Rently’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
  • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing. Rently will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Rently may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Rently has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any user Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Rently reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Rently, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

Privacy

See Rently’s Privacy Policy for information and notices concerning Rently’s collection and use of your personal information.

Location Verification

A.Description of Service:

When using the location service, we will request your permission to obtain your location using your mobile phone. Your location information will be obtained only when you are at a rental location and requesting access to the property via our self-showing technology and electronic lockbox. Your location information will only be used to confirm that you are in the vicinity of the property you are requesting to view and may be retained (for up to three days) and used by Rently to enhance its service processes. Your consent to opt-in to the location service will be obtained using an SMS verification process.

Message and data rates may apply. Reply HELP to 84787 for help. Reply STOP to 84787 to cancel. You will receive up to 3 messages per viewing.

SMS restrictions and account limitations: If you are attempting to opt-in to this location service and the SMS text message requesting your consent has not arrived to your phone or you received the messages, but when you attempt to reply to the message, you do not receive a response, then it is likely that your mobile phone account is configured to block text messages from Short Codes. Short codes are non-standard phone numbers, and may also be known as Promotional Codes or Computer Generated Codes. To fix this challenge, contact your wireless phone carrier and ask that they enable your account to receive text messages from the Short Code 84787. Make sure to inquire how long it will take for the change to be effective so that you can try again.

Important Message about your Cellular Provider (AT&T, Sprint, T-Mobile, Verizon Wireless and others). This is not a Cellular Provider application. If you use this application, it may require your Cellular Provider to disclose your customer information, including Mobile Phone Location Information, to the application provider or some other third party. By providing your consent, you authorize your Cellular Provider to disclose your information to third parties to enable this application. Check the application’s terms of use and the policies for more information about how the application will collect, access, use or disclose your information. Terms of use and other policies usually are available on the application provider’s website. If you aren’t comfortable with the application’s policies, don’t use it. You acknowledge and agree that
(1) your relationship with the application provider is separate from your relationship with your Cellular Provider;
(2) your Cellular Provider is not responsible for this application; and
(3) you will hold harmless your Cellular Provider and its subsidiaries, affiliates, officers, employees, agents, successors and assigns from any judgments, claims, actions, losses, liabilities or expenses arising from or attributable to this application or the acts or omissions of the application provider.

B.Opting Out:

When using this location service, you will be automatically opted out of the service 30 days after your opt in date. You can also opt-out at any time by reply “STOP” to 84787. You will not be located after unless you use the service again and provide your consent to be located at that time.

C.Protecting your Privacy:

Your privacy is very important to us and so this service uses only secure HTTPS communication with SSL Encryption to obtain your location data. When using this service, your location will be used to verify you are in the vicinity of the property you are requesting to view via our self-showing technology. Your location will only be verified during the check in process of your self-viewing. Your location data will be stored for 3 days after each property viewing for the purpose of debugging only. After this, your location data will be deleted from the system.

D.Sharing information:

Your location data (latitude, longitude and accuracy estimate) will not be shared with anyone or used for any purpose other than its intended use.

E.Data Security

All location data is securely stored using technology and security features that safeguard the privacy of your location information, including:

  • Maintaining and protecting the security of computer storage and network equipment;
  • Security procedures that require user names and passwords to access sensitive data;
  • Applying encryption or other appropriate security controls to protect location information when stored or transmitted by us;
  • Limiting access to location information to only those with jobs requiring such access.

F.Contact Us

For more information or help with this service, please email us support@rently.com or call 888-659-9596.

Ownership

The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of Rently and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.

Application License

Subject to your compliance with these Terms, Rently grants you a limited non-exclusive, nontransferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application

  1. on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and
  2. as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Rently reserves all rights in the Application not expressly granted to you by these Terms.

Rently Content and user Content License

Subject to your compliance with the terms and conditions of these Terms, Rently grants you a
limited, non-exclusive, non-transferable license, to

  1. access and view any Rently Content solely for your personal and non-commercial purposes and
  2. access and view any user Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Rently or its licensors, except for the licenses and rights expressly granted in these Terms.

User Content

We may, in our sole discretion, permit users to post, upload, publish, submit or transmit user Content. By making available any user Content on or through the Site, Application and Services, you hereby grant to Rently a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such user Content on, through, or by means of the Site, Application and Services. Rently does not claim any ownership rights in any such user Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such user Content.

You acknowledge and agree that you are solely responsible for all user Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that:

  1. you either are the sole and exclusive owner of all user Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Rently the rights in such user Content, as contemplated under these Terms; and
  2. neither the user Content nor your posting, uploading, publication, submission or transmittal of the user Content or Rently’s use of the user Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Links

The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Rently is not responsible or liable for:

  1. the availability or accuracy of such websites or resources; or
  2. the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Rently of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Rently used herein are trademarks or registered trademarks of Rently. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us at support@Rently.com . You acknowledge and agree that all Feedback will be the sole and exclusive property of Rently and you hereby irrevocably assign to Rently and agree to irrevocably assign to Rently all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Rently’s request and expense, you will execute documents and take such further acts as Rently may reasonably request to assist Rently to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Copyright Policy

Rently respects copyright law and expects its users to do the same. It is Rently’s policy to terminate in appropriate circumstances the Rently Accounts of users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Please see Rently’s Copyright Policy at www.Rently.com/terms, for further information.

Termination and Rently Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time:
(a) terminate these Terms or your access to our Site, Application and Services, and
(b) deactivate or cancel your Rently Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event Rently terminates these Terms, or your access to our Site, Application and Services or deactivates or cancels your Rently Account you will remain liable for all amounts due hereunder. You may cancel your Rently Account at any time via the “Cancel Account” feature of the Services or by sending an email to support@Rently.com. Please note that if your Rently Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.

Disclaimers

IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES AND PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT RENTLY DOES NOTHAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, VISITORS AND PARTNERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION.THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, RENTLY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. RENTLY MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY VACANCIES, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. RENTLY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, VACANCIES, YOUR ACCRUAL OF RENTLY TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RENTLY OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY PARTNERS OR VISITORS. YOU UNDERSTAND THAT RENTLY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY VACANCIES. RENTLY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, VISITORS AND PARTNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY RENTLY.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR VISITING OF ANY VACANCIES VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF RENTLY WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER RENTLY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR VISITING OF ANY VACANCY VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RENTLY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE PARTNERS PURSUANT TO AN APPROVED PAYMENT REQUEST UNDER THE RENTLY PARTNER GUARANTEE, IN NO EVENT WILL RENTLY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR VISITING OF ANY VACANCY VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY VACANCY OR INTERACTIONS WITH ANY OTHER USERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR VISITING VIA THE SITE, APPLICATION AND SERVICES AS A VISITOR IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A PARTNER, THE AMOUNTS PAID BY RENTLY TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RENTLY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to release, defend, indemnify, and hold Rently and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with

  1. your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms;
  2. your user Content;
  3. your
    1. (i)interaction with any user,
    2. (ii) Visiting of an Vacancy,
    3. (iii) creation of a Listing or
    4. (iv) the use, condition or rental of an Vacancy by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, Visiting or use of a Vacancy and
  4. your participation in the Referral Program or your accrual of any Rently Travel Credits.

Export Control and Restricted Countries

You may not use, export, re-export, import, or transfer the Application except as authorized by
United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or reexported:

(a) into any United States embargoed countries; or
(b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Site, Application and Services, you represent and warrant that
(i) neither you nor your listed Vacancy is 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. You also will not use the Site, Application and Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. Rently does not permit Listings associated with certain countries due to U.S. embargo restrictions.

Accessing and Downloading the Application from iTunes

The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):

You acknowledge and agree that
(i) these Terms are concluded between you and Rently only, and not Apple, and
(ii) Rently, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application.

As between Rently and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Rently. You and Rently acknowledge that, as between Rently and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced.

Application or your possession and use of the App Store Sourced Application, including, but not limited to:

  1. product liability claims;
  2. any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and
  3. claims arising under consumer protection or similar legislation.

You and Rently acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Rently and Apple, Rently, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

You and Rently acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof. Without limiting any other terms of these Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

Reporting Misconduct

If you stay with or Partner anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who

  1. engages in offensive, violent or sexually inappropriate behavior,
  2. you suspect of stealing from you, or
  3. engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Rently by contacting us with your police station and report number at support@Rently.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Rently and you regarding the Site, Application, Services, Collective Content, Referral Program, and any Visiting or Listings of Vacancies made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Rently and you regarding Visiting or listings of Vacancies, the Site, Application, Services, Collective Content and Referral Program. Assignment You may not assign or transfer these Terms, by operation of law or otherwise, without Rently’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Rently may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Rently

  1. via email (in each case to the address that you provide) or
  2. by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. General The failure of Rently to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Rently. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Contacting Rently

If you have any questions about these Terms or any App Store Sourced Application, please contact Rently at support@Rently.com.

Privacy Policy

This is the privacy policy of http://www.rently.com . and will be referred to as “We”, “our” and “us” in this Internet Privacy Policy. By using this site, you agree to the Internet Privacy Policy of this web site (“the web site”), which is set out on this web site page.

We reserve the right, at our discretion, to modify or remove portions of this Internet Privacy Policy at any time. This Internet Privacy Policy is in addition to any other terms and conditions applicable to the web site. We do not make any representations about third party web sites that may be linked to the web site.

We recognize the importance of protecting the privacy of information collected about visitors to our web site, in particular information that is capable of identifying an individual (“personal information”). This Internet Privacy Policy governs the manner in which your personal information, obtained through the web site, will be dealt with.

This Internet Privacy Policy should be reviewed periodically so that you are updated on any changes. We welcome your comments and feedback.

Personal Information

Personal information about visitors to our site is collected or stored only when knowingly and voluntarily submitted. For example, we may need to collect such information to provide you with further services or to answer or forward any requests or inquiries. It is our intention that this policy will protect your personal information from being dealt with in any way that is inconsistent with applicable privacy laws.

Use of Information

Personal information that visitors submit to our site is used only for the purpose for which it is submitted or for such other secondary purposes that are related to the primary purpose, unless we disclose other uses in this Internet Privacy Policy or at the time of collection. Copies of correspondence sent from the web site, that may contain personal information, are stored as archives for record-keeping and back-up purposes only. Information such as email addresses or any other personal information is never sold, traded or given away.

Rently Partner Guarantee Terms

Rently, Inc. (hereafter referred to as “Rently”, “we”, “us”, or “our”) provides an online platform that connects Partners who have rental vacancies for rent with renters seeking to rent such vacancies (collectively, the “Services”), which Services are accessible at www.Rently.com and any other websites through which Rently makes the Services available (collectively, the “Site”) and as an application for mobile devices (the “Application”).

Whether, as a Partner (defined below) you have posted a single Listing (defined below) on one Rently website or one hundred Listings on multiple Rently websites, you may benefit from the Rently Partner guarantee program (“Rently Partner Guarantee”), the terms, limitations and conditions for which are set forth below (the “Rently Partner Guarantee Terms”) if the payments associated with the rental of a Covered Vacancies (defined below) booked by a Visitor (defined below) through the Site, Application or Services are handled by Rently. Please read these Rently Partner Guarantee Terms carefully.

YOU ACKNOWLEDGE AND AGREE THAT, BY POSTING A LISTING OR OTHERWISE USING THE SITE, APPLICATION OR SERVICES AS A PARTNER, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE RENTLY PARTNER GUARANTEE TERMS. YOU ALSO AGREE AS THE LESSEE TO REMIT SALES TAX ON LOCKBOXES.

If you accept or agree to these Rently Partner Guarantee Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Rently Partner Guarantee Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

These Rently Partner Guarantee Terms will be deemed to be a commercial guarantee in connection with the Services provided by Rently under the Rently Terms of Service www.Rently.com/terms. Except as permitted by law, these Rently Partner Guarantee Terms do not affect your statutory rights. If you would like a written copy of these Rently Partner Guarantee Terms, please contact Rently at support@Rently.com.

Key Terms

“Vacancies” means residential or other property.

“Covered Vacancies” means and is limited to a Vacancy that is included in a Listing that you created or control.

“Covered Vacancy Properties” means and is limited to the following items of tangible property that are either owned by you or for which you are legally responsible:
(a) flooring (including carpets) and walls (including windows and doors);
(b) appliances

“Covered Losses” means actual physical losses or damages to Covered Property physically situated on, at or in a Covered Vacancies as a result of Theft, Vandalism or Gross Negligence by a Responsible visitor.

“Covered Property” means, collectively, Covered Vacancy Property.

“Gross Negligence” means a reckless, conscious and voluntary disregard of the need to use reasonable care, which has caused foreseeable injury or harm to persons, property, or both.

“Excluded Property” means

  1. jewelry (including watches, rings, necklaces and other articles which reasonably could be considered an item of jewelry),
  2. collections and collectables (such as coin, baseball card, comic, book, magazine, doll, ceramic, pottery, dish and glass/crystal, dress/clothing, or any other property that is a part of a collection),
  3. works of art (including painting, posters and sculptures) or photographs, and antiques in each case which are received as a gift or donation,
  4. motor vehicles (including, without limitation, automobiles, scooters, vespas, and motorcycles), watercraft (including, without limitation, boats, yachts, jet skis and similar craft),
  5. furs, food, liquor, wine and other beverages, and (vi) firearms and weapons.

“Fair Market Value” means with respect to
(i) an item of tangible property, the price at which such property would be sold or
(ii) real property or fixtures, the price to repair or fix such real property or fixtures to the condition such property existed prior to such repair or fix, in each case a voluntary transaction between a knowledgeable buyer and a knowledgeable seller, neither of whom is under any obligation to buy or sell (taking into account the condition, wear and tear and depreciation), as reasonably determined by Rently.

“Guarantee Limit” means five thousand U.S. dollars (US $5,000), or its equivalent in the currency where the Covered Vacancies is located at the exchange rate applicable on the date of payment by Rently under these Rently Partner Guarantee Terms.

“Visitor” means a Partner who visits Vacancies via the Site, Application or Services

“Partner” means a Partner who creates a Listing via the Site, Application and Services.

“Listing” means Vacancies that is listed by a Partner as available for rental via the Site, Application, and Services.

“Original Cost” means the original purchase price paid by a person in legal tender or currency for the item of tangible property at issue.

“Responsible Visitor” means the Visitor to whom you showed the Covered Vacancies on, at or in which the Covered Property for which you request payment pursuant to these Rently Partner Guarantee Terms is physically situated.

“Theft” means a criminal act in which a person intentionally takes the tangible property of another without permission or consent and with the intent to convert it to the taker’s use (including potential sale).

“you” and “your” refer to an individual who is a Partner, not a Visitor or Invitee.

“Vandalism” means the intentional and malicious destruction of or damage to the property of another

Rently Partner Guarantee Benefits

Subject to the limitations, exclusions and conditions herein, Rently, as guarantor, will guarantee payment to you up to the Guarantee Limit for Covered Losses. The Rently Partner Guarantee is only extended to partners participating in Rently Plus. Partners not using Rently Plus do so at their own risk and agree to assume all liabilities that may arise. Partners listing on Rently for free assume all liabilities that may arise as a result of showing the vacancy on Renty, including but not limited too, theft, vandalism, injury or death that may result from a showing For the avoidance of doubt, Covered Losses do not include loss of use of, or profit from, Covered Property. Rently’s maximum obligation under the Rently Partner Guarantee for Covered Losses (i) with respect to Covered Property (which is not Artwork), is the current Fair Market Value of the item(s) of such Covered Property as of the date the completed Rently

Partner Guarantee

Payment Request email is filed with Rently. All amounts payable to you under these Rently Partner Guarantee Terms will be made in United States dollars or its equivalent in the currency where the Covered Vacancies is located at the exchange rate applicable on the date of payment by Rently under these Rently Partner Guarantee Terms.

Limitations and Exclusions

The Rently Partner Guarantee benefits described herein cover Covered Losses only and do not cover any losses or damages related to any of the following:

  • any property which does not carry any form of primary property insurance
  • personal injuries or death caused by, or resulting from, physical losses or damages to Covered Property
  • real property, except to the extent any such real property is specifically included in the definition of Covered
  • any damage or theft that is not a result of a Rently showing. Should somebody identify the listing as vacant because of the lockbox at the property and cause damage or theft as a result, such damage or theft is not included or covered in the Rently Plus plan.
  • any damage or theft caused by a party that did not register on Rently through Automated or Controlled registration shall not be covered by Rently Plus.

Vacancies Property

  • personal property that is owned by a party other than the Partner and for which the Partner is not legally responsible
  • cash, credit cards, debit cards, charge cards, checks, negotiable instruments, financial securities and other financial instruments and products
  • Excluded Property
  • losses or damages arising out of, or resulting from, acts of nature, including, but not limited to, earthquakes and weather-related events such as hurricanes and tornadoes
  • losses or damages arising out of, or resulting from, your acts or omissions
  • losses or damages for which you are compensated or reimbursed from a source other than Rently including without limitation:
    1. amounts received under an insurance policy, guarantee or indemnity;
    2. a security deposit; or
    3. payment directly by the Responsible Visitor or an Invitee, or other party (“Alternative Payment”)
  • Losses or damages for Covered Property located in a specific Covered Vacancies in excess of the Guarantee Limit in a consecutive twelve (12) month period

Conditions to the Rently Partner Guarantee

In order to be eligible to obtain payment from Rently under these Rently Partner Guarantee Terms, you must comply with each of the following conditions:

  • You must file a claim with the primary insurance provider on the property. Rently only provides insurance secondary to uncovered primary insurance coverage.
  • You must have incurred Covered Losses at a Rently Plus Vacancy.
  • You must have complied with the following safety conditions:
  • You must have used reasonable efforts in connection with the visit of the Responsible Visitor at such Covered Vacancies to comply with Rently’s safety guidelines. Rently requires partners to make sure there are no safety hazards for vacancies that are made available for viewing via the site or any Rently application.
  • You must inspect the applicable Covered Vacancies prior to the Filing Deadline (defined below) to determine whether there are any physical losses or damages to any Covered Property.
  • You must use your best efforts to seek recovery from the Responsible Visitor for any Covered Losses. If you are unable to recover such Covered Losses or damages within a reasonable period, then you must seek any Alternative Payment to which you may be entitled with respect to such Covered Losses from any other person or entity.
  • You must complete and file a Rently Partner Guarantee Payment Request with Rently by emailing support@rently.com . within 14 days of damage.
  • For all Covered Property for which you are filing an Rently Partner Guarantee Payment Request email in an amount greater than an aggregate value of three hundred U.S. dollars (US $300) (or its equivalent in the currency where the Covered Vacancies is located), you must file a police report listing such Covered Property and provide Rently with a copy of such report, certified by you as true and correct.
  • You must provide proof of claim with primary insurance provider and provide proof that primary insurance coverage does not cover damages.
  • You must provide Rently with proof of ownership of, or legal responsibility for, the Covered Property in the form of receipts, photographs, videos or other customary forms of proof, (including, but not limited to, appraisal or valuation forms or notices addressed to you) certified by you as true and correct and reasonably acceptable to Rently.
  • You must provide Rently with proof of the Covered Losses certified by you as true and correct, in the form of receipts, photographs, videos or other verifiable forms of proof.
  • You must provide Rently with all information reasonably requested by Rently to enable it to determine the Fair Market Value or Original Cost, as applicable, with respect to Covered Property.
  • Upon Rently’s reasonable request, and to the extent you are reasonably able to do so, you must participate in mediation or similar resolution process with the Responsible Visitor, at no cost to you, which process will be conducted by Rently or a third party selected by Rently, with respect to Covered Losses for which you are requesting payment.
  • You must cooperate with Rently, including signing any documents, and timely responding to any reasonable requests by Rently for additional information or documentation that Rently may require or request to process the applicable Rently Partner Guarantee Payment Request email.

Subrogation

As an additional separate and distinct condition to this Rently Partner Guarantee, Rently, as guarantor, has the right to subrogate against any person or entity whatsoever who allegedly is responsible for causing the losses or damages in question, even if that person or entity is you. Further, you hereby agree that, with respect to any payments made under this Rently Partner Guarantee by, or on behalf of, Rently, you will assist in and cooperate fully with Rently regarding any and all efforts at subrogation.

Disposition of Partner Payment Requests

Rently will complete its processing of any Rently Partner Guarantee Payment Request that you file within a reasonable period following the date you have

  1. completed and filed an Rently Partner Guarantee Payment Request email to support@rently.com , and
  2. provided Rently with all information and materials that you are required to provide to comply with the conditions set forth in “Conditions to the Rently Partner Guarantee” above and in any event we will use our commercially reasonable efforts to complete processing of your Rently Partner Guarantee Payment Request email within three (3) months after Rently’s receipt of such documents and information.

For an Approved Payment Request that involves Covered Losses for Covered Property that is owned by a party other than the Partner and for which the Partner is legally responsible, Rently reserves the right, in its sole discretion, to pay all or a portion of the amount covered in such Approved Payment email either to you or directly to the owner of such Covered Property. If Rently pays all or a portion of such amount directly to the owner of such Covered Property, then you agree that such payment will be treated for purpose of the Approved Payment Request as being paid to you directly, and that you will be solely responsible for collecting from the owner of such Covered Property any portion of such payment to which you believe you are legally entitled. For clarity, your indemnification obligations set forth below under the paragraph entitled “Indemnification” will apply to claims arising from any payments made by Rently pursuant to these Rently Partner Guarantee Terms, including without limitation any payments made by Rently directly to the owner of any Covered Property.

Acknowledgments and Agreements by Partner

You acknowledge and agree that:

  • Rently provides Partners with the Rently Partner Guarantee benefits described herein solely for the purpose of promoting use of the Site, Application and Services by building customer loyalty and strengthening customer confidence as to use of the Site, Application and Services.
  • These Rently Partner Guarantee Terms are not intended to constitute an offer to insure, do not constitute insurance or an insurance contract, do not take the place of insurance and you have not paid any premium in respect of the Rently Partner Guarantee. Furthermore, these Rently Partner Guarantee Terms are not an insurance service agreement as defined in a standard ISO renter’s or homeowner’s insurance policy.
  • The benefits provided under these Rently Partner Guarantee Terms are solely as set forth in the paragraph entitled “Rently Partner Guarantee Benefits” above and such benefits are not assignable or transferable by you, including without limitation any transfer or assignment by operation of law or in connection with your divorce or death.
  • Rently reserves the right to independently investigate (or to have independently investigated), at Rently’s sole discretion and expense, the facts and circumstances of a payment request set forth in any Rently Partner Guarantee Payment Request email that you file with Rently, notwithstanding your provision to Rently of all information and materials that you are required to provide Rently in order to comply with the conditions set forth in the paragraph entitled “Conditions to the Rently Partner Guarantee,” and regardless of the impact that Rently’s exercise of the rights described herein will have on the period for Rently to complete processing such a form.
  • Rently reserves the right, at any time, to offset or deduct from the amounts payable or paid by Rently to you under these Rently Partner Guarantee Terms any amounts that it may have in its possession, or to subsequently collect from any other person or entity who is obligated to compensate you for losses or damages, including, but not limited to, Alternative Payments.
  • Because these Rently Partner Guarantee Terms constitute a guarantee agreement, the theory of exoneration applies. Thus, if the Covered Property in question or the risk associated with that Covered Property changes materially, Rently will be entitled to exoneration with respect to any potential guaranty obligation under these Rently Partner Guarantee Terms.

Modification or Termination of Rently Partner Guarantee Terms

Rently reserves the right to modify or terminate these Rently Partner Guarantee Terms, at any time, in its sole discretion, and without prior notice. If Rently terminates these Rently Partner Guarantee Terms in accordance with the foregoing, Rently will provide you with notice of such termination and Rently will continue to process all Rently Partner Guarantee Payment Request emails that you filed prior to the effective date of termination, but your right to file any new Rently Partner Guarantee Payment Request emails will immediately terminate. If Rently modifies these Rently Partner Guarantee Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification and Rently will continue to process all Rently Partner Guarantee Payment Request emails that you filed prior to the effective date of the modification. By continuing to access or use the Site, Application or Services as a Partner after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Rently Partner Guarantee Terms. If the modified Rently Partner Guarantee Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services as a Partner. In addition to and without limiting Rently’s rights set forth above in the immediately preceding paragraph, Rently reserves the right to modify or terminate these Rently Partner Guarantee Terms generally or any jurisdiction, at any time, in its sole discretion, if:

  1. these Rently Partner Guarantee Terms are construed to be an offer to insure or constitute insurance or an insurance contract or insurance service agreement by any governmental or regulatory authority in any jurisdiction;
  2. Rently is required to obtain a license or permit of any kind to continue to provide these Rently Partner Guarantee Terms in any jurisdiction; or
  3. Rently determines or a court or arbitrator holds that the provisions of the Rently Partner Guarantee Terms violate applicable law.

If Rently modifies or terminates these Rently Partner Guarantee Terms in accordance with the foregoing, Rently will process all Rently Partner Guarantee Payment Request emails that you file prior to or as of the effective date of such modification or termination unless such processing is prohibited by law, regulation, ordinance, order, or decree of any governmental or other authority.

DISCLAIMERS

IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES AS A PARTNER YOU DO SO AT YOUR SOLE RISK. THE RENTLY PARTNER GUARANTEE PROVIDED TO COMPLETE CUSTOMER IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, RENTLY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. RENTLY MAKES NO WARRANTY THAT THE RENTLY PARTNER GUARANTEE WILL MEET YOUR REQUIREMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RENTLY OR THROUGH THE SITE, APPLICATION, SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. LIMITATION OF LIABILITY YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION AND SERVICES, AND YOUR LISTING OF ANY VACANCIES VIA THE SITE, APPLICATION AND SERVICES REMAINS WITH YOU. NEITHER RENTLY, NOR PROPERTY MANAGER, NOR PROPERTY OWNER, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE APPLICATION AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE RENTLY PARTNER GUARANTEE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR FROM YOUR LISTING OF ANY VACANCIES VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RENTLY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. EXCEPT FOR RENTLY’S OBLIGATIONS TO PAY AMOUNTS TO YOU PURSUANT TO AN APPROVED PAYMENT REQUEST UNDER THESE RENTLY PARTNER GUARANTEE TERMS, IN NO EVENT WILL RENTLY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE RENTLY PARTNER GUARANTEE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR POSTING A LISTING, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION AND SERVICES AND IN CONNECTION WITH ANY VACANCIES OR YOUR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS PAID BY RENTLY TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RENTLY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to release, defend, indemnify, and hold Rently and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with the Rently Partner Guarantee Terms.

Entire Agreement

These Rently Partner Guarantee Terms constitute the entire and exclusive understanding and agreement between Rently and you regarding the Rently Partner Guarantee and these Rently Partner Guarantee Terms supersede and replace any and all prior oral or written understandings or agreements between Rently and you regarding the Rently Partner Guarantee.

Assignment

You may not assign or transfer these Rently Partner Guarantee Terms, by operation of law or otherwise, without Rently’s prior written consent. Any attempt by you to assign or transfer these Rently Partner Guarantee Terms, without such consent, will be null and of no effect. Rently may assign or transfer these Rently Partner Guarantee Terms, at its sole discretion, without restriction.

Subject to the foregoing, these Rently Partner Guarantee Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Rently Partner Guarantee Terms, will be in writing and given by Rently

  1. via email (in each case to the address that you provide) or
  2. by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Controlling Law

These Rently Partner Guarantee Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions.

Dispute Resolution

You and Rently agree that any dispute, claim or controversy arising out of or relating to these Rently Partner Guarantee Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration. You acknowledge and agree that you and Rently are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Rently otherwise 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. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Rently Partner Guarantee Terms.

Arbitration Rules and Governing Law

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/si.asp?id=3477 and a separate form for California residents at www.adr.org/si.asp?id=3485 .) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. Arbitration Location and Procedure. Unless you and Rently otherwise agree, the arbitration will be conducted in Los Angeles. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Rently submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Rently will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration. Fees.

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Rently will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Changes. Notwithstanding the provisions of the “Modification or Termination of Rently Partner Guarantee Terms” section above, if Rently changes this “Dispute Resolution” section after the date you first accepted these Rently Partner Guarantee Terms (or accepted any subsequent changes to these Rently Partner Guarantee Terms), you may reject any such change by sending us written notice (including by email to support@Rently.com.) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Rently’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Rently in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Rently Partner Guarantee Terms (or accepted any subsequent changes to these Rently Partner Guarantee Terms).

General

The failure of Rently to enforce any right or provision of these Rently Partner Guarantee Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Rently. Except as expressly set forth in these Rently Partner Guarantee Terms, the exercise by either party of any of its remedies under these Rently Partner Guarantee Terms will be without prejudice to its other remedies under these Rently Partner Guarantee Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Rently Partner Guarantee Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Rently Partner Guarantee Terms will remain in full force and effect. Contacting Rently

You may contact rently at support@rently.com .

“Partner” means a user who creates a Listing via the Site, Application and Services.

“Listing” means a Vacancy that is listed by a Partner as available for rent via the Site, Application, and Services.

“User” means a person who completes Rently’s account registration process, including, but not limited to Partners and Visitors, as described under “Account Registration” below.

“User Content” means all Content that a user posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.

“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes. Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR TO PARTICIPATE IN THE REFERRAL PROGRAM.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Modification

Rently reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.

Eligibility

The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older. How the Site, Application and Services Work The Site, Application and Services can be used to facilitate the listing and visitation of residential and other properties (“Vacancies”). Such Vacancies are included in Listings on the Site, Application and Services by Partners. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to Visit a Vacancy or create a Listing, you must first register to create a Rently Account (defined below).

As stated above, Rently makes available a platform or marketplace with related technology for Visitors and Partners to meet online and arrange for Visitation of Vacancies. Rently is not an owner or operator of properties, including, but not limited to, residential Vacancies, nor is it a provider of properties, including, but not limited to, residential Vacancies and Rently does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, residential Vacancies or transportation or travel services and Rently’s role is solely to facilitate the availability of the Site, Application and Services. Similarly, Rently is not a contracting agent or representative of any Partner. Instead, Rently’s role is solely to facilitate the availability of the Site, Application and Services for users and to provide services related thereto.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE VISITING OF VACANCIES. RENTLY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY VACANCIES. RENTLY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND VACANCIES. ACCORDINGLY, ANY VISITING WILL BE MADE AT THE VISITOR’S OWN RISK.

Account Registration

In order to access certain features of the Site and Application, and to Visit a Vacancy or create a Listing, you must register to create an account (“Rently Account”) and become a user. You may register to join the Services directly via the Site or Application or as described in this section. We will create your Rently Account and your Rently Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Rently Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Rently reserves the right to suspend or terminate your Rently Account and your access to the Site, Application and Services if you create more than one (1) Rently Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Rently Account, whether or not you have authorized such activities or actions. You will immediately notify Rently of any unauthorized use of your Rently Account.

Vacancy Listings

As a user, you may create Listings. To this end, you will be asked a variety of questions about the Vacancy to be listed, including, but not limited to, the location, capacity, size, features, availability of the Vacancy and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Vacancies must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. Other users will be able to Visit your Vacancy via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Visitor requests a Visiting of your Vacancy, the price for such Visiting may not be altered. You acknowledge and agree that you are solely responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the Visiting of, at an Vacancy in a Listing you post

  1. will not breach any agreements you have entered into with any third parties and
  2. will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Vacancy included in a Listing you post, including, but not limited to, zoning laws and laws governing rentals of residential and other properties and (b) not conflict with the rights of third parties. Please note that Rently assumes no responsibility for a Partner’s compliance with any applicable laws, rules and regulations.

You understand and agree that Rently does not act as an insurer or as a contracting agent for, or representative of, you as a Partner, and if a Visitor requests a Visit to your Vacancy and leases your Vacancy, any agreement you enter into with such Visitor is between you and the Visitor and Rently is not a party thereto. Please note that Rently reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Rently, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

If you are a Partner, Rently makes certain tools available to you to help you to make informed decisions about which users you choose to confirm for Visiting for your Vacancy. You acknowledge and agree that, as a Partner, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Vacancy at your request or invitation, excluding the Visitor (and the individuals the Visitor invites to the Vacancy, if applicable.)

Rently recommends that Partners obtain appropriate insurance for their Vacancies. Please review any insurance policy that you may have for your Vacancy carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Visitors (and the individuals the Visitor invites to the Vacancy, if applicable) while at your Vacancy.

Rently provides partners with a high tech electronic lockbox to be leased on a monthly basis or per duration of vacancy. Should a Partner fail to return the lockbox after completion of service or lose the lockbox, Rently will charge Partner credit card 149 USD to replace lockbox.

No Endorsement

Rently does not endorse any users or any Vacancies. In addition, although these Terms require users to provide accurate information, we do not attempt to confirm, and do not confirm, any user’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services. Except as provided in the Rently Partner Guarantee Terms and Conditions (“Rently Partner Guarantee”), which is an agreement between Rently and Partners, we will not be responsible for any damage or harm resulting from your interactions with other users. (Please see Rently’s Partner Guarantee Terms and Conditions for information about the Rently Partner Guarantee.) By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Rently with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other users on the Site and Services regarding any Visiting or Listings made by you.

User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. You agree to remit sales taxes owed in your region on the lockboxes. In connection with your use of our Site, Application and Services, you may not and you agree that you will not:

  • When visiting vacancies, you agree not to damage any property. Visitors will be responsible for any damage caused as a result of visiting vacancies. violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
  • use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content; use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms;
  • copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms;
  • infringe the rights of any person or entity, including without limitation, their intellectual property,
    privacy, publicity or contractual rights;
  • interfere with or damage our Site, Application or Services, including, without limitation, through
    the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; use our Site, Application or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to renting a vacancy;
  • ”stalk” or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Rently Visitor or Partner;
  • offer, as a Partner, any Vacancies that you do not yourself own or have permission to rent as a residential or other property; offer, as a Partner, any Vacancy that may not be rented or subleased pursuant to the
  • register for more than one Rently Account or register for an Rently Account on behalf of an individual other than yourself; contact a Partner for any purpose other than asking a question related to a Visiting, such Partner’s Vacancies or Listings; contact a Visitor for any purpose other than asking a question related to a Visiting or such Visitor’s use of the Site, Application and Services; when acting as a Visitor or otherwise, recruit or otherwise solicit any Partner or other user to join third party services or websites that are competitive to Rently, without Rently’s prior written approval;
  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity; use automated scripts to collect information or otherwise interact with the Site, Application or Services; use the Site, Application and Services to find a Partner or Visitor and then complete a Visiting of an Vacancy transaction independent of the Site, Application or Services in order to circumvent the obligation to pay any Service Fees related to Rently’s provision of the Services;
  • as a Partner, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor; or post, upload, publish, submit or transmit any Content that:
    1. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
    2. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
    3. is fraudulent, false, misleading or deceptive;
    4. is defamatory, obscene, pornographic, vulgar or offensive;
    5. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual o-r group;
    6. is violent or threatening or promotes violence or actions that are threatening to any other person; or
    7. promotes illegal or harmful activities or substances;
  • systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
  • use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, Rently’s name, any Rently trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Rently’s express written consent;
  • access, tamper with, or use non-public areas of the Site or Application, Rently’s computer systems, or the technical delivery systems of Rently’s providers;
  • attempt to probe, scan, or test the vulnerability of any Rently system or network or breach any security or authentication measures; avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Rently or any of Rently’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
  • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing. Rently will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Rently may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Rently has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any user Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Rently reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Rently, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

Privacy

See Rently’s Privacy Policy for information and notices concerning Rently’s collection and use of your personal information.

Location Verification

A.Description of Service:

When using the location service, we will request your permission to obtain your location using your mobile phone. Your location information will be obtained only when you are at a rental location and requesting access to the property via our self-showing technology and electronic lockbox. Your location information will only be used to confirm that you are in the vicinity of the property you are requesting to view and may be retained (for up to three days) and used by Rently to enhance its service processes. Your consent to opt-in to the location service will be obtained using an SMS verification process.

Message and data rates may apply. Reply HELP to 84787 for help. Reply STOP to 84787 to cancel. You will receive up to 3 messages per viewing.

SMS restrictions and account limitations: If you are attempting to opt-in to this location service and the SMS text message requesting your consent has not arrived to your phone or you received the messages, but when you attempt to reply to the message, you do not receive a response, then it is likely that your mobile phone account is configured to block text messages from Short Codes. Short codes are non-standard phone numbers, and may also be known as Promotional Codes or Computer Generated Codes. To fix this challenge, contact your wireless phone carrier and ask that they enable your account to receive text messages from the Short Code 84787. Make sure to inquire how long it will take for the change to be effective so that you can try again.

Important Message about your Cellular Provider (AT&T, Sprint, T-Mobile, Verizon Wireless and others). This is not a Cellular Provider application. If you use this application, it may require your Cellular Provider to disclose your customer information, including Mobile Phone Location Information, to the application provider or some other third party. By providing your consent, you authorize your Cellular Provider to disclose your information to third parties to enable this application. Check the application’s terms of use and the policies for more information about how the application will collect, access, use or disclose your information. Terms of use and other policies usually are available on the application provider’s website. If you aren’t comfortable with the application’s policies, don’t use it. You acknowledge and agree that
(1) your relationship with the application provider is separate from your relationship with your Cellular Provider;
(2) your Cellular Provider is not responsible for this application; and
(3) you will hold harmless your Cellular Provider and its subsidiaries, affiliates, officers, employees, agents, successors and assigns from any judgments, claims, actions, losses, liabilities or expenses arising from or attributable to this application or the acts or omissions of the application provider.

B.Opting Out:

When using this location service, you will be automatically opted out of the service 30 days after your opt in date. You can also opt-out at any time by reply “STOP” to 84787. You will not be located after unless you use the service again and provide your consent to be located at that time.

C.Protecting your Privacy:

Your privacy is very important to us and so this service uses only secure HTTPS communication with SSL Encryption to obtain your location data. When using this service, your location will be used to verify you are in the vicinity of the property you are requesting to view via our self-showing technology. Your location will only be verified during the check in process of your self-viewing. Your location data will be stored for 3 days after each property viewing for the purpose of debugging only. After this, your location data will be deleted from the system.

D.Sharing information:

Your location data (latitude, longitude and accuracy estimate) will not be shared with anyone or used for any purpose other than its intended use.

E.Data Security

All location data is securely stored using technology and security features that safeguard the privacy of your location information, including:

  • Maintaining and protecting the security of computer storage and network equipment;
  • Security procedures that require user names and passwords to access sensitive data;
  • Applying encryption or other appropriate security controls to protect location information when stored or transmitted by us;
  • Limiting access to location information to only those with jobs requiring such access.

F.Contact Us

For more information or help with this service, please email us support@rently.com or call 888-659-9596.

Ownership

The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of Rently and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.

Application License

Subject to your compliance with these Terms, Rently grants you a limited non-exclusive, nontransferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application

  1. on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and
  2. as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Rently reserves all rights in the Application not expressly granted to you by these Terms.

Rently Content and user Content License

Subject to your compliance with the terms and conditions of these Terms, Rently grants you a
limited, non-exclusive, non-transferable license, to

  1. access and view any Rently Content solely for your personal and non-commercial purposes and
  2. access and view any user Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Rently or its licensors, except for the licenses and rights expressly granted in these Terms.

User Content

We may, in our sole discretion, permit users to post, upload, publish, submit or transmit user Content. By making available any user Content on or through the Site, Application and Services, you hereby grant to Rently a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such user Content on, through, or by means of the Site, Application and Services. Rently does not claim any ownership rights in any such user Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such user Content.

You acknowledge and agree that you are solely responsible for all user Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that:

  1. you either are the sole and exclusive owner of all user Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Rently the rights in such user Content, as contemplated under these Terms; and
  2. neither the user Content nor your posting, uploading, publication, submission or transmittal of the user Content or Rently’s use of the user Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Links

The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Rently is not responsible or liable for:

  1. the availability or accuracy of such websites or resources; or
  2. the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Rently of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Rently used herein are trademarks or registered trademarks of Rently. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us at support@Rently.com . You acknowledge and agree that all Feedback will be the sole and exclusive property of Rently and you hereby irrevocably assign to Rently and agree to irrevocably assign to Rently all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Rently’s request and expense, you will execute documents and take such further acts as Rently may reasonably request to assist Rently to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Copyright Policy

Rently respects copyright law and expects its users to do the same. It is Rently’s policy to terminate in appropriate circumstances the Rently Accounts of users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Please see Rently’s Copyright Policy at www.Rently.com/terms, for further information.

Termination and Rently Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time:
(a) terminate these Terms or your access to our Site, Application and Services, and
(b) deactivate or cancel your Rently Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event Rently terminates these Terms, or your access to our Site, Application and Services or deactivates or cancels your Rently Account you will remain liable for all amounts due hereunder. You may cancel your Rently Account at any time via the “Cancel Account” feature of the Services or by sending an email to support@Rently.com. Please note that if your Rently Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.

Disclaimers

IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES AND PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT RENTLY DOES NOTHAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, VISITORS AND PARTNERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION.THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, RENTLY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. RENTLY MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY VACANCIES, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. RENTLY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, VACANCIES, YOUR ACCRUAL OF RENTLY TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RENTLY OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY PARTNERS OR VISITORS. YOU UNDERSTAND THAT RENTLY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY VACANCIES. RENTLY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, VISITORS AND PARTNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY RENTLY.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR VISITING OF ANY VACANCIES VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF RENTLY WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER RENTLY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR VISITING OF ANY VACANCY VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RENTLY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE PARTNERS PURSUANT TO AN APPROVED PAYMENT REQUEST UNDER THE RENTLY PARTNER GUARANTEE, IN NO EVENT WILL RENTLY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR VISITING OF ANY VACANCY VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY VACANCY OR INTERACTIONS WITH ANY OTHER USERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR VISITING VIA THE SITE, APPLICATION AND SERVICES AS A VISITOR IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A PARTNER, THE AMOUNTS PAID BY RENTLY TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RENTLY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to release, defend, indemnify, and hold Rently and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with

  1. your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms;
  2. your user Content;
  3. your
    1. interaction with any user,
    2. Visiting of an Vacancy,
    3. creation of a Listing or
    4. the use, condition or rental of an Vacancy by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, Visiting or use of a Vacancy and
  4. your participation in the Referral Program or your accrual of any Rently Travel Credits.

Export Control and Restricted Countries

You may not use, export, re-export, import, or transfer the Application except as authorized by
United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or reexported:

(a) into any United States embargoed countries; or
(b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Site, Application and Services, you represent and warrant that
(i) neither you nor your listed Vacancy is 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. You also will not use the Site, Application and Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. Rently does not permit Listings associated with certain countries due to U.S. embargo restrictions.

Accessing and Downloading the Application from iTunes

The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):

You acknowledge and agree that
(i) these Terms are concluded between you and Rently only, and not Apple, and
(ii) Rently, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application.

As between Rently and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Rently. You and Rently acknowledge that, as between Rently and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced.

Application or your possession and use of the App Store Sourced Application, including, but not limited to:

  1. product liability claims;
  2. any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and
  3. claims arising under consumer protection or similar legislation.

You and Rently acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Rently and Apple, Rently, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

You and Rently acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof. Without limiting any other terms of these Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

Reporting Misconduct

If you stay with or Partner anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who

  1. engages in offensive, violent or sexually inappropriate behavior,
  2. you suspect of stealing from you, or
  3. engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Rently by contacting us with your police station and report number at support@Rently.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Rently and you regarding the Site, Application, Services, Collective Content, Referral Program, and any Visiting or Listings of Vacancies made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Rently and you regarding Visiting or listings of Vacancies, the Site, Application, Services, Collective Content and Referral Program. Assignment You may not assign or transfer these Terms, by operation of law or otherwise, without Rently’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Rently may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Rently

  1. via email (in each case to the address that you provide) or
  2. by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. General The failure of Rently to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Rently. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Contacting Rently

If you have any questions about these Terms or any App Store Sourced Application, please contact Rently at support@Rently.com.

Privacy Policy

This is the privacy policy of http://www.rently.com . and will be referred to as “We”, “our” and “us” in this Internet Privacy Policy. By using this site, you agree to the Internet Privacy Policy of this web site (“the web site”), which is set out on this web site page.

We reserve the right, at our discretion, to modify or remove portions of this Internet Privacy Policy at any time. This Internet Privacy Policy is in addition to any other terms and conditions applicable to the web site. We do not make any representations about third party web sites that may be linked to the web site.

We recognize the importance of protecting the privacy of information collected about visitors to our web site, in particular information that is capable of identifying an individual (“personal information”). This Internet Privacy Policy governs the manner in which your personal information, obtained through the web site, will be dealt with.

This Internet Privacy Policy should be reviewed periodically so that you are updated on any changes. We welcome your comments and feedback.

Personal Information

Personal information about visitors to our site is collected or stored only when knowingly and voluntarily submitted. For example, we may need to collect such information to provide you with further services or to answer or forward any requests or inquiries. It is our intention that this policy will protect your personal information from being dealt with in any way that is inconsistent with applicable privacy laws.

Use of Information

Personal information that visitors submit to our site is used only for the purpose for which it is submitted or for such other secondary purposes that are related to the primary purpose, unless we disclose other uses in this Internet Privacy Policy or at the time of collection. Copies of correspondence sent from the web site, that may contain personal information, are stored as archives for record-keeping and back-up purposes only. Information such as email addresses or any other personal information is never sold, traded or given away.

Rently Partner Guarantee Terms

Rently, Inc. (hereafter referred to as “Rently”, “we”, “us”, or “our”) provides an online platform that connects Partners who have rental vacancies for rent with renters seeking to rent such vacancies (collectively, the “Services”), which Services are accessible at www.Rently.com and any other websites through which Rently makes the Services available (collectively, the “Site”) and as an application for mobile devices (the “Application”).

Whether, as a Partner (defined below) you have posted a single Listing (defined below) on one Rently website or one hundred Listings on multiple Rently websites, you may benefit from the Rently Partner guarantee program (“Rently Partner Guarantee”), the terms, limitations and conditions for which are set forth below (the “Rently Partner Guarantee Terms”) if the payments associated with the rental of a Covered Vacancies (defined below) booked by a Visitor (defined below) through the Site, Application or Services are handled by Rently. Please read these Rently Partner Guarantee Terms carefully.

YOU ACKNOWLEDGE AND AGREE THAT, BY POSTING A LISTING OR OTHERWISE USING THE SITE, APPLICATION OR SERVICES AS A PARTNER, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE RENTLY PARTNER GUARANTEE TERMS. YOU ALSO AGREE AS THE LESSEE TO REMIT SALES TAX ON LOCKBOXES.

If you accept or agree to these Rently Partner Guarantee Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Rently Partner Guarantee Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

These Rently Partner Guarantee Terms will be deemed to be a commercial guarantee in connection with the Services provided by Rently under the Rently Terms of Service www.Rently.com/terms. Except as permitted by law, these Rently Partner Guarantee Terms do not affect your statutory rights. If you would like a written copy of these Rently Partner Guarantee Terms, please contact Rently at support@Rently.com.

Key Terms

“Vacancies” means residential or other property.

“Covered Vacancies” means and is limited to a Vacancy that is included in a Listing that you created or control.

“Covered Vacancy Properties” means and is limited to the following items of tangible property that are either owned by you or for which you are legally responsible:
(a) flooring (including carpets) and walls (including windows and doors);
(b) appliances

“Covered Losses” means actual physical losses or damages to Covered Property physically situated on, at or in a Covered Vacancies as a result of Theft, Vandalism or Gross Negligence by a Responsible visitor.

“Covered Property” means, collectively, Covered Vacancy Property.

“Gross Negligence” means a reckless, conscious and voluntary disregard of the need to use reasonable care, which has caused foreseeable injury or harm to persons, property, or both.

“Excluded Property” means

  1. jewelry (including watches, rings, necklaces and other articles which reasonably could be considered an item of jewelry),
  2. collections and collectables (such as coin, baseball card, comic, book, magazine, doll, ceramic, pottery, dish and glass/crystal, dress/clothing, or any other property that is a part of a collection),
  3. works of art (including painting, posters and sculptures) or photographs, and antiques in each case which are received as a gift or donation,
  4. motor vehicles (including, without limitation, automobiles, scooters, vespas, and motorcycles), watercraft (including, without limitation, boats, yachts, jet skis and similar craft),
  5. furs, food, liquor, wine and other beverages, and (vi) firearms and weapons.

“Fair Market Value” means with respect to
(i) an item of tangible property, the price at which such property would be sold or
(ii) real property or fixtures, the price to repair or fix such real property or fixtures to the condition such property existed prior to such repair or fix, in each case a voluntary transaction between a knowledgeable buyer and a knowledgeable seller, neither of whom is under any obligation to buy or sell (taking into account the condition, wear and tear and depreciation), as reasonably determined by Rently.

“Guarantee Limit” means five thousand U.S. dollars (US $5,000), or its equivalent in the currency where the Covered Vacancies is located at the exchange rate applicable on the date of payment by Rently under these Rently Partner Guarantee Terms.

“Visitor” means a Partner who visits Vacancies via the Site, Application or Services

“Partner” means a Partner who creates a Listing via the Site, Application and Services.

“Listing” means Vacancies that is listed by a Partner as available for rental via the Site, Application, and Services.

“Original Cost” means the original purchase price paid by a person in legal tender or currency for the item of tangible property at issue.

“Responsible Visitor” means the Visitor to whom you showed the Covered Vacancies on, at or in which the Covered Property for which you request payment pursuant to these Rently Partner Guarantee Terms is physically situated.

“Theft” means a criminal act in which a person intentionally takes the tangible property of another without permission or consent and with the intent to convert it to the taker’s use (including potential sale).

“you” and “your” refer to an individual who is a Partner, not a Visitor or Invitee.

“Vandalism” means the intentional and malicious destruction of or damage to the property of another

Rently Partner Guarantee Benefits

Subject to the limitations, exclusions and conditions herein, Rently, as guarantor, will guarantee payment to you up to the Guarantee Limit for Covered Losses. The Rently Partner Guarantee is only extended to partners participating in Rently Plus. Partners not using Rently Plus do so at their own risk and agree to assume all liabilities that may arise. Partners listing on Rently for free assume all liabilities that may arise as a result of showing the vacancy on Renty, including but not limited too, theft, vandalism, injury or death that may result from a showing For the avoidance of doubt, Covered Losses do not include loss of use of, or profit from, Covered Property. Rently’s maximum obligation under the Rently Partner Guarantee for Covered Losses (i) with respect to Covered Property (which is not Artwork), is the current Fair Market Value of the item(s) of such Covered Property as of the date the completed Rently

Partner Guarantee

Payment Request email is filed with Rently. All amounts payable to you under these Rently Partner Guarantee Terms will be made in United States dollars or its equivalent in the currency where the Covered Vacancies is located at the exchange rate applicable on the date of payment by Rently under these Rently Partner Guarantee Terms.

Limitations and Exclusions

The Rently Partner Guarantee benefits described herein cover Covered Losses only and do not cover any losses or damages related to any of the following:

  • any property which does not carry any form of primary property insurance
  • personal injuries or death caused by, or resulting from, physical losses or damages to Covered Property
  • real property, except to the extent any such real property is specifically included in the definition of Covered
  • any damage or theft that is not a result of a Rently showing. Should somebody identify the listing as vacant because of the lockbox at the property and cause damage or theft as a result, such damage or theft is not included or covered in the Rently Plus plan.
  • any damage or theft caused by a party that did not register on Rently through Automated or Controlled registration shall not be covered by Rently Plus.

Vacancies Property

  • personal property that is owned by a party other than the Partner and for which the Partner is not legally responsible
  • cash, credit cards, debit cards, charge cards, checks, negotiable instruments, financial securities and other financial instruments and products
  • Excluded Property
  • losses or damages arising out of, or resulting from, acts of nature, including, but not limited to, earthquakes and weather-related events such as hurricanes and tornadoes
  • losses or damages arising out of, or resulting from, your acts or omissions
  • losses or damages for which you are compensated or reimbursed from a source other than Rently including without limitation:
    1. amounts received under an insurance policy, guarantee or indemnity;
    2. a security deposit; or
    3. payment directly by the Responsible Visitor or an Invitee, or other party (“Alternative Payment”)
  • Losses or damages for Covered Property located in a specific Covered Vacancies in excess of the Guarantee Limit in a consecutive twelve (12) month period

Conditions to the Rently Partner Guarantee

In order to be eligible to obtain payment from Rently under these Rently Partner Guarantee Terms, you must comply with each of the following conditions:

  • You must file a claim with the primary insurance provider on the property. Rently only provides insurance secondary to uncovered primary insurance coverage.
  • You must have incurred Covered Losses at a Rently Plus Vacancy.
  • You must have complied with the following safety conditions:
  • You must have used reasonable efforts in connection with the visit of the Responsible Visitor at such Covered Vacancies to comply with Rently’s safety guidelines. Rently requires partners to make sure there are no safety hazards for vacancies that are made available for viewing via the site or any Rently application.
  • You must inspect the applicable Covered Vacancies prior to the Filing Deadline (defined below) to determine whether there are any physical losses or damages to any Covered Property.
  • You must use your best efforts to seek recovery from the Responsible Visitor for any Covered Losses. If you are unable to recover such Covered Losses or damages within a reasonable period, then you must seek any Alternative Payment to which you may be entitled with respect to such Covered Losses from any other person or entity.
  • You must complete and file a Rently Partner Guarantee Payment Request with Rently by emailing support@rently.com . within 14 days of damage.
  • For all Covered Property for which you are filing an Rently Partner Guarantee Payment Request email in an amount greater than an aggregate value of three hundred U.S. dollars (US $300) (or its equivalent in the currency where the Covered Vacancies is located), you must file a police report listing such Covered Property and provide Rently with a copy of such report, certified by you as true and correct.
  • You must provide proof of claim with primary insurance provider and provide proof that primary insurance coverage does not cover damages.
  • You must provide Rently with proof of ownership of, or legal responsibility for, the Covered Property in the form of receipts, photographs, videos or other customary forms of proof, (including, but not limited to, appraisal or valuation forms or notices addressed to you) certified by you as true and correct and reasonably acceptable to Rently.
  • You must provide Rently with proof of the Covered Losses certified by you as true and correct, in the form of receipts, photographs, videos or other verifiable forms of proof.
  • You must provide Rently with all information reasonably requested by Rently to enable it to determine the Fair Market Value or Original Cost, as applicable, with respect to Covered Property.
  • Upon Rently’s reasonable request, and to the extent you are reasonably able to do so, you must participate in mediation or similar resolution process with the Responsible Visitor, at no cost to you, which process will be conducted by Rently or a third party selected by Rently, with respect to Covered Losses for which you are requesting payment.
  • You must cooperate with Rently, including signing any documents, and timely responding to any reasonable requests by Rently for additional information or documentation that Rently may require or request to process the applicable Rently Partner Guarantee Payment Request email.

Subrogation

As an additional separate and distinct condition to this Rently Partner Guarantee, Rently, as guarantor, has the right to subrogate against any person or entity whatsoever who allegedly is responsible for causing the losses or damages in question, even if that person or entity is you. Further, you hereby agree that, with respect to any payments made under this Rently Partner Guarantee by, or on behalf of, Rently, you will assist in and cooperate fully with Rently regarding any and all efforts at subrogation.

Disposition of Partner Payment Requests

Rently will complete its processing of any Rently Partner Guarantee Payment Request that you file within a reasonable period following the date you have

  1. completed and filed an Rently Partner Guarantee Payment Request email to support@rently.com , and
  2. provided Rently with all information and materials that you are required to provide to comply with the conditions set forth in “Conditions to the Rently Partner Guarantee” above and in any event we will use our commercially reasonable efforts to complete processing of your Rently Partner Guarantee Payment Request email within three (3) months after Rently’s receipt of such documents and information.

For an Approved Payment Request that involves Covered Losses for Covered Property that is owned by a party other than the Partner and for which the Partner is legally responsible, Rently reserves the right, in its sole discretion, to pay all or a portion of the amount covered in such Approved Payment email either to you or directly to the owner of such Covered Property. If Rently pays all or a portion of such amount directly to the owner of such Covered Property, then you agree that such payment will be treated for purpose of the Approved Payment Request as being paid to you directly, and that you will be solely responsible for collecting from the owner of such Covered Property any portion of such payment to which you believe you are legally entitled. For clarity, your indemnification obligations set forth below under the paragraph entitled “Indemnification” will apply to claims arising from any payments made by Rently pursuant to these Rently Partner Guarantee Terms, including without limitation any payments made by Rently directly to the owner of any Covered Property.

Acknowledgments and Agreements by Partner

You acknowledge and agree that:

  • Rently provides Partners with the Rently Partner Guarantee benefits described herein solely for the purpose of promoting use of the Site, Application and Services by building customer loyalty and strengthening customer confidence as to use of the Site, Application and Services.
  • These Rently Partner Guarantee Terms are not intended to constitute an offer to insure, do not constitute insurance or an insurance contract, do not take the place of insurance and you have not paid any premium in respect of the Rently Partner Guarantee. Furthermore, these Rently Partner Guarantee Terms are not an insurance service agreement as defined in a standard ISO renter’s or homeowner’s insurance policy.
  • The benefits provided under these Rently Partner Guarantee Terms are solely as set forth in the paragraph entitled “Rently Partner Guarantee Benefits” above and such benefits are not assignable or transferable by you, including without limitation any transfer or assignment by operation of law or in connection with your divorce or death.
  • Rently reserves the right to independently investigate (or to have independently investigated), at Rently’s sole discretion and expense, the facts and circumstances of a payment request set forth in any Rently Partner Guarantee Payment Request email that you file with Rently, notwithstanding your provision to Rently of all information and materials that you are required to provide Rently in order to comply with the conditions set forth in the paragraph entitled “Conditions to the Rently Partner Guarantee,” and regardless of the impact that Rently’s exercise of the rights described herein will have on the period for Rently to complete processing such a form.
  • Rently reserves the right, at any time, to offset or deduct from the amounts payable or paid by Rently to you under these Rently Partner Guarantee Terms any amounts that it may have in its possession, or to subsequently collect from any other person or entity who is obligated to compensate you for losses or damages, including, but not limited to, Alternative Payments.
  • Because these Rently Partner Guarantee Terms constitute a guarantee agreement, the theory of exoneration applies. Thus, if the Covered Property in question or the risk associated with that Covered Property changes materially, Rently will be entitled to exoneration with respect to any potential guaranty obligation under these Rently Partner Guarantee Terms.

Modification or Termination of Rently Partner Guarantee Terms

Rently reserves the right to modify or terminate these Rently Partner Guarantee Terms, at any time, in its sole discretion, and without prior notice. If Rently terminates these Rently Partner Guarantee Terms in accordance with the foregoing, Rently will provide you with notice of such termination and Rently will continue to process all Rently Partner Guarantee Payment Request emails that you filed prior to the effective date of termination, but your right to file any new Rently Partner Guarantee Payment Request emails will immediately terminate. If Rently modifies these Rently Partner Guarantee Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification and Rently will continue to process all Rently Partner Guarantee Payment Request emails that you filed prior to the effective date of the modification. By continuing to access or use the Site, Application or Services as a Partner after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Rently Partner Guarantee Terms. If the modified Rently Partner Guarantee Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services as a Partner. In addition to and without limiting Rently’s rights set forth above in the immediately preceding paragraph, Rently reserves the right to modify or terminate these Rently Partner Guarantee Terms generally or any jurisdiction, at any time, in its sole discretion, if:

  1. these Rently Partner Guarantee Terms are construed to be an offer to insure or constitute insurance or an insurance contract or insurance service agreement by any governmental or regulatory authority in any jurisdiction;
  2. Rently is required to obtain a license or permit of any kind to continue to provide these Rently Partner Guarantee Terms in any jurisdiction; or
  3. Rently determines or a court or arbitrator holds that the provisions of the Rently Partner Guarantee Terms violate applicable law.

If Rently modifies or terminates these Rently Partner Guarantee Terms in accordance with the foregoing, Rently will process all Rently Partner Guarantee Payment Request emails that you file prior to or as of the effective date of such modification or termination unless such processing is prohibited by law, regulation, ordinance, order, or decree of any governmental or other authority.

DISCLAIMERS

IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES AS A PARTNER YOU DO SO AT YOUR SOLE RISK. THE RENTLY PARTNER GUARANTEE PROVIDED TO COMPLETE CUSTOMER IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, RENTLY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. RENTLY MAKES NO WARRANTY THAT THE RENTLY PARTNER GUARANTEE WILL MEET YOUR REQUIREMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RENTLY OR THROUGH THE SITE, APPLICATION, SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. LIMITATION OF LIABILITY YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION AND SERVICES, AND YOUR LISTING OF ANY VACANCIES VIA THE SITE, APPLICATION AND SERVICES REMAINS WITH YOU. NEITHER RENTLY, NOR PROPERTY MANAGER, NOR PROPERTY OWNER, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE APPLICATION AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE RENTLY PARTNER GUARANTEE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR FROM YOUR LISTING OF ANY VACANCIES VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RENTLY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. EXCEPT FOR RENTLY’S OBLIGATIONS TO PAY AMOUNTS TO YOU PURSUANT TO AN APPROVED PAYMENT REQUEST UNDER THESE RENTLY PARTNER GUARANTEE TERMS, IN NO EVENT WILL RENTLY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE RENTLY PARTNER GUARANTEE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR POSTING A LISTING, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION AND SERVICES AND IN CONNECTION WITH ANY VACANCIES OR YOUR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS PAID BY RENTLY TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RENTLY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to release, defend, indemnify, and hold Rently and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with the Rently Partner Guarantee Terms.

Entire Agreement

These Rently Partner Guarantee Terms constitute the entire and exclusive understanding and agreement between Rently and you regarding the Rently Partner Guarantee and these Rently Partner Guarantee Terms supersede and replace any and all prior oral or written understandings or agreements between Rently and you regarding the Rently Partner Guarantee.

Assignment

You may not assign or transfer these Rently Partner Guarantee Terms, by operation of law or otherwise, without Rently’s prior written consent. Any attempt by you to assign or transfer these Rently Partner Guarantee Terms, without such consent, will be null and of no effect. Rently may assign or transfer these Rently Partner Guarantee Terms, at its sole discretion, without restriction.

Subject to the foregoing, these Rently Partner Guarantee Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Rently Partner Guarantee Terms, will be in writing and given by Rently

  1. via email (in each case to the address that you provide) or
  2. by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Controlling Law

These Rently Partner Guarantee Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions.

Dispute Resolution

You and Rently agree that any dispute, claim or controversy arising out of or relating to these Rently Partner Guarantee Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration. You acknowledge and agree that you and Rently are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Rently otherwise 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. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Rently Partner Guarantee Terms.

Arbitration Rules and Governing Law

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/si.asp?id=3477 and a separate form for California residents at www.adr.org/si.asp?id=3485 .) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. Arbitration Location and Procedure. Unless you and Rently otherwise agree, the arbitration will be conducted in Los Angeles. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Rently submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Rently will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration. Fees.

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Rently will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Changes. Notwithstanding the provisions of the “Modification or Termination of Rently Partner Guarantee Terms” section above, if Rently changes this “Dispute Resolution” section after the date you first accepted these Rently Partner Guarantee Terms (or accepted any subsequent changes to these Rently Partner Guarantee Terms), you may reject any such change by sending us written notice (including by email to support@Rently.com.) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Rently’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Rently in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Rently Partner Guarantee Terms (or accepted any subsequent changes to these Rently Partner Guarantee Terms).

General

The failure of Rently to enforce any right or provision of these Rently Partner Guarantee Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Rently. Except as expressly set forth in these Rently Partner Guarantee Terms, the exercise by either party of any of its remedies under these Rently Partner Guarantee Terms will be without prejudice to its other remedies under these Rently Partner Guarantee Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Rently Partner Guarantee Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Rently Partner Guarantee Terms will remain in full force and effect. Contacting Rently

You may contact rently at support@rently.com .

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