Terms of Use

Overview

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 use.Rently.com/terms-of-use, 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.

I UNDERSTAND THAT DURING THE COVID-19 CRISIS, I AM TOURING AT MY OWN RISK AND WILL ENSURE TO “FOLLOW THE 5” RECCOMENDED GUIDELINES WHEN I CONDUCT A SELF-TOUR. THIS INCLUDES 1) NOT CONDUCTING A SELF-TOUR IF I FEEL SICK; 2) TOUCH AS FEW SURFACES AS POSSIBLE WHEN CONDUCTING A SELF-TOUR. 3) DONT TOUCH YOUR FACE 4) COUGH INTO YOUR ELBOW 5) WASH YOUR HANDS BEFORE AND AFTER A TOUR.

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.

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.

Location Verification

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.

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.

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.

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.

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.

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 use.Rently.com/terms-of-use, for further information.

Termination and Rently  Renter 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 Renter Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion (e.g. 99 cent registration fee). 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.

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. We use cookies and Google Analytics to collect and process data. See how Google uses data when you use our partners’ sites or apps.

 

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 .

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.

 

Ownership and Intellectual Property Rights.

As between the parties, any copyrightable works, ideas, discoveries, inventions, patents, products or other information developed in whole or in part by Consumer 2.0 in connection with the Software (including all Updates) will be the exclusive property of Consumer 2.0. Notwithstanding anything to the contrary in this contract, as between the parties, client owns all right, title and interest in and to all customer Data (as defined below). Solely to the extent necessary to provide the Services and only during the term of this contract, client grants Consumer 2.0 a limited, non-transferable, nonexclusive and revocable right to access and use the customer Data. Except for the limited license granted herein, nothing in this contract will be construed as conferring any license to the customer Data, or any intellectual property rights to any of the foregoing, whether by estoppel, implication or otherwise. Additionally, risk of loss and title to the Hardware transfers to client upon client’s receipt of such Hardware from Consumer 2.0. Client retains all rights, title and interest in and to all Hardware purchased by client under this contract.

Warranty

Consumer 2.0 shall provide its Services and meet its obligations under this contract in a timely, professional and workmanlike manner, using knowledge and skill for providing and performing the Services which at a minimum, meet industry standards, and will provide a standard of care equal to, or superior to, care used by service providers similar to Consumer 2.0 on similar projects. Consumer 2.0 represents and warrants that all Hardware and Software will function properly and conform with the technical specifications and documentation for such Hardware and Software.

Any lock hardware manufactured by Rently under the “Oaks”, “Rently” or “Rently Keyless” brands carries a 1 year electronic and lifetime mechanical parts warranty. Smart Hub hardware manufacturing is covered by a 3-year limited warranty. To perform a warranty exchange, a “Return Merchant Authorization” (RMA) is required. To perform an RMA, please reach out to your client success manager with cc to ops@rently.com. Devices manufactured by third party suppliers (e.g. Kwikset, Yale, etc) are covered by the respective manufacturer warranties. Warranty replacements for third party manufacturers are the responsibility of said manufacturer.

Hardware Refunds, Returns and Exchanges

Rently hardware manufactured under the “Oaks”, “Rently” or “Rently Keyless” brands can be refunded within 14 days of purchase, no questions asked. For a period of up to 30 days, in lieu of a refund, a customer may ask for an account credit or exchange of devices.

Renty Lockbox devices may be returned at any time to our operations office at Attn: Renty Operations, 1090 Avenida Acaso, Camarillo, CA 93012.

Indemnification and Hold Harmless.

Provider will indemnify, hold harmless and, at Client’s option, defend Client, its affiliates, and their respective directors, officers, employees and agents (each, an “Client Party”) from and against all claims, liabilities, damages, losses, costs and expenses (including attorneys’ fees) arising out of or in connection with: (a) Provider’s acts or omissions in the performance of the Services; (b) Provider’s breach any representation, warranty or covenant in this Agreement; (c) the Services (or any other hardware, devices, software, websites, documentation or other products or services provided or used by Provider in connection with this Agreement) infringing, misappropriating or violating any patent, copyright, trade secret, trademark or other intellectual property right of any third party; or (d) any bodily injury (including, without limitation, death) or property damage attributable to use of the system, fault, negligence or strict liability of Provider or anyone under Provider’s direction, supervision or control. Client will have the right to approve the counsel selected by Provider for defense of any such claim, which approval will not be unreasonably withheld. Client will provide Provider prompt written notice of any such claim and such information and assistance as Provider may reasonably request to help Provider defend such claims; provided that Provider pays or reimburses all of the costs and expenses reasonably incurred by the Client Parties in connection with any assistance requested by Provider under this Section; and provided, further, that Client’s failure to promptly notify Provider will not relieve Provider of its indemnification obligations hereunder except to the extent Provider is prejudiced by the delay. Provider will not have any right to settle any such claim without Client’s written consent if such settlement arises from or is part of any criminal action, suit or proceeding or contains a stipulation to or admission or acknowledgment of, any liability or wrongdoing (whether in contract, tort or otherwise) on the part of any Client Party or otherwise requires a Client Party to take or refrain from taking any material action (such as the payment of fees).

Client will indemnify, hold harmless and, at Provider’s option, defend Provider, its affiliates, and their respective directors, officers, employees and agents (each, a “Provider Party”) from and against all claims, liabilities, damages, losses, costs and expenses (including attorneys’ fees) arising out of or in connection with: (a) Client’s acts or omissions in the performance of this Agreement; (b) Client’s breach any representation, warranty or covenant in this Agreement; (c) the content and/or information provided or used by Client in connection with this Agreement) infringing, misappropriating or violating any patent, copyright, trade secret, trademark or other intellectual property right of any third party; or (d) any bodily injury (including, without limitation, death) or property damage attributable to use of the system, fault, negligence or strict liability of Client or anyone under Client’s direction, supervision or control. Provider will have the right to approve the counsel selected by Client for defense of any such claim, which approval will not be unreasonably withheld. Provider will provide Client prompt written notice of any such claim and such information and assistance as Client may reasonably request to help Client defend such claims; provided that Client pays or reimburses all of the costs and expenses reasonably incurred by the Provider Parties in connection with any assistance requested by Client under this Section; and provided, further, that Provider’s failure to promptly notify Client will not relieve Client of its indemnification obligations hereunder except to the extent Client is prejudiced by the delay. Client will not have any right to settle any such claim without Provider’s written consent if such settlement arises from or is part of any criminal action, suit or proceeding or contains a stipulation to or admission or acknowledgment of, any liability or wrongdoing (whether in contract, tort or otherwise) on the part of any Provider Party or otherwise requires a Provider Party to take or refrain from taking any material action (such as the payment of fees).

LIMITATION OF LIABILITY

 

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.

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.

 

 

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.

 

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.