Terms of Service
Rentabilities Universal Terms of Service (“UTOS”)
Welcome to Rentabilities. By using the services available from the domain and sub-domains of www.rentabilties.com, as well as any web sites powered by Rentabilities, (the “Site”), you are agreeing to the following terms, including those available by hyperlink (the “Agreement” or “Universal Terms of Service” or “UTOS”) with Rentabilities Inc. and the general principles for the web sites of our subsidiaries and international affiliates. If you have any questions, please refer to the Help section on the Site.
This Universal Terms of Service is subject to change at any time without notice. Continued use of the Service after any such change shall constitute your consent to such changes. You can review the most current version of the Merchant Terms of Service at any time at: http://www.rentabilities.com/rentabilities-utos
Violation of any of the terms below will results in the termination of your Account. While Rentabilities prohibits such conduct and Content on the Service, you understand and agree that Rentabilities cannot be responsible for the Content posted on the Service you nonetheless may be exposed to such materials.
In this user Universal Terms of Service, every business owner operating the Rentabilities system will be known as a “rentee”. All customers using the Rentabilities system for renting an item will be known as a “renter”.
While using the Site, you will not:
- post content or items in an inappropriate category or areas on the Site;
- violate any laws, third party rights, or our policies;
- use the Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site;
- fail to deliver items which were rented from you;
- fail to deliver items purchased by renter, unless the renter fails to meet the posted terms;
- manipulate the price of any item or interfere with other user’s listings;
- circumvent or manipulate our fee structure, the billing process, or fees owed to Rentabilities;
- post false, misleading, defamatory, or libelous content (including personal information);
- post inventory in which you do not own the product or are currently not renting the product;
- take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Site or for using it for purposes unrelated to Rentabilities);
- transfer your Rentabilities account (including feedback) and User ID to another party without our consent;
- distribute or post spam, chain letters, pyramid schemes, or any other content that may, in the sole opinion of Rentabilities, be objectionable;
- distribute viruses or any other technologies that may harm Rentabilities, or the interests or property of Rentabilities users;
- copy, modify, or distribute content from the Site and Rentabilities’s copyrights and trademarks; or
- harvest or otherwise collect information about users, including email addresses, without their consent.
Rentabilities and the Community work together to keep the site working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have to the content, in any media known now or in the future. (We need these rights to host and display your content).
The theme created by our company for your store is not exclusive to your store, and we reserve the right to reuse and resell it to other rental stores in and around your area. This is especially true for stores belonging to a chain, such as Taylor Rental and Grand Rental Station.
You will not hold Rentabilities responsible for other users’ actions or inactions, including things they post. You acknowledge that we are not a traditional rental management system. Instead, the Site is a venue to allow business to post items for rent in real time anyone, at anytime, from anywhere. We are not involved in the actual transaction between renters and rentees. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of rentees to rent items, the ability of renters to pay for items, or that a buyer or seller will actually complete a transaction.
We do not transfer legal ownership of items from the rentee to the renter. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Site. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party, jointly, is limited to the greater of (a) the total fees you paid to us in the 6 months prior to the action giving rise to the liability, or (b) $100.
If you have a dispute with one or more users, you release us (and our officers, directors, shareholders, agents, assigns, subsidiaries, joint ventures and employees) from claims, demands and damages (actual, consequential and punitive) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Access and Interference
The Site contains robot exclusion headers. Most of the information on the Site is updated on a real-time basis and is proprietary or is licensed to Rentabilities by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.
Additionally, you agree that you will not:
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Rentabilities and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
- bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
You will indemnify and hold us (and our officers, directors, shareholders, agents, assigns, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Activity Associated with User IDs
Your User ID is displayed throughout the Site and is therefore available to the public. All of your activities on the Site will be traceable to your User ID. Notices are sent to other community members regarding suspicious activity and policy violations on the Site and refer to User IDs and specific items. Therefore, if you associate your name with your User ID, the people to whom you have revealed your name to will be able to personally identify your Rentabilities activities.
Except as explicitly stated otherwise, legal notices shall be served on Rentabilities’s registered agent (in the case of Rentabilities) or to the email address you provide to Rentabilities during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Resolution of Disputes
If a dispute arises between you and Rentabilities, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Rentabilities agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. We strongly suggest you contact Rentabilities, Inc. if experiencing a problem, as we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
- Law and Forum for Disputes – This Agreement shall be governed in all respects by the laws of the Commonwealth of Massachusetts as they apply to agreements entered into and to be performed entirely within Massachusetts between Massachusetts residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Rentabilities must be resolved by a court located in Plymouth County, Massachusetts, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Plymouth County, Massachusetts for the purpose of litigating all such claims or disputes.
- Arbitration Option – For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000 (subject to or Liability statement set forth elsewhere herein), the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Improperly Filed Claims – All claims you bring against Rentabilities must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Rentabilities may recover attorneys’ fees and costs up to $1000, provided that Rentabilities has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Version: August 31, 2009