Rented, Inc. Terms of Use

Last Modified: October 7, 2020

PLEASE READ THESE TERMS OF USE CAREFULLY

Our Terms of Use (these “Terms”) form a binding legal agreement between you (the “Customer” or “you”) and Rented, Inc. (the “Company” or “we”) (each, a “Party” and together known as the “Parties) describing your use of the website located at www.rented.com (the “Site”) and any successor website, subdomain, or subsite, or mobile applicable which links to or references these Terms, which are owned or operated by the Company. Please read these Terms carefully before accessing or using the Site.

Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site.

By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of these Terms then you may not access the Site.

These Terms may be changed, modified, supplemented or updated by Company from time to time without advance notice by posting here and you will be bound by any such changed, modified, supplemented or updated Terms if you continue to use the Site after such changes are posted; provided, however, that the Company may provide notice by means of conspicuous alert or notification displayed on the Site in the case of substantial revisions.

DEFINITIONS

Affiliate means any entity which directly or indirectly controls, is controlled by, or is under common control with a party to this Agreement. For purposes of this definition, control means direct or indirect ownership or control of more than 50% of the voting interests in the subject entity.

Agreement means these Terms and all materials referred to or linked to in here.

Company, we, us, or our means Rented, Inc.

Content means text, pictures, graphics, logos, button items, images, works of authorship, and other content available on the Site.

Customer, you, or your means the person or entity using the Site.

Customer Data means non-public data provided by Customer to Company to enable provision of the Site.

USE OF SITE

2.1 Limited License and Site Access The Company will provide Customer access to use the Site as described in this Agreement.  Use of the Site is limited to persons 18 years of age or older.  Subject to your compliance with these Terms, Company hereby grants you a limited license to access and make personal use of the Site, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Company (e.g., downloading of PDF forms, applications, etc.). This license does not include any resale or commercial use of the Site or the Content; any derivative use of the Site or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company without Company’s express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of Company’s name(s) or service marks without the express written consent of their owners. We (or the respective third party owners of Content) retain all right, title, and interest in the Site and any Content, features, products and services offered on the Site, including any and all intellectual property rights.  Any software applications available on or through the Site are licensed, not sold, to you. The Company may assign these Terms or any part of them without restrictions. You may not assign these Terms or any part of them, nor transfer or sub-license your rights under this License, to any third party.  We (or the respective third party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by Company.

2.2 Prohibited and Unauthorized Use Any use or attempted use of the Site (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party’s use and enjoyment of the Site, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Company to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by Company, or (vii) any use other than the business purpose for which it was intended, is prohibited.

In addition, in connection with your use of the Site, you agree you will not:

2.2.1 Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;

2.2.2 Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Company representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

2.2.3 Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);

2.2.4 Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;

2.2.5 Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;

2.2.6 Use the Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);

2.2.7 Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;

2.2.8 Violate any applicable local, state, national or international law;

2.2.9 Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;

2.2.10 Delete or revise any material posted by any other person or entity;

2.2.11 Manipulate or otherwise display the Site by using framing, mirroring or similar navigational technology or directly link to any portion of the Site other than the main homepage, www.rented.com, in accordance with the Limited License and Site Access outlined above;

2.2.12 Probe, scan, test the vulnerability of or breach the authentication measures of, the Site or any related networks or systems;

2.2.13 Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Products and Services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so;

2.2.14 Harvest or otherwise collect information about others, including e-mail addresses; or

2.2.15 Use any robot, spider, scraper, or other automated or manual means to access this Site, or copy any content or information on the Site.

2.2.16 Company reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user’s access and/or account. Company may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, Company reserves the right at all times to disclose any information as Company deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company’s sole discretion.

2.3 Links to Third Party Sites The Site may contain hyperlinks to other sites owned and operated by parties other than Company. Such hyperlinks are provided only for ready reference and ease of use. We do not control such sites and cannot be held responsible for their content or accuracy and do not endorse these sites unless we specifically so state. In the event the Site provide hyperlinks to other websites or applications that are not owned, operated or maintained by Company, you acknowledge and agree that Company is not responsible for and is not liable for the content, products, services or other materials on or available from such websites or applications.  We accept no liability for any information, products, advertisements, content, services or software accessible through these third party websites or applications or for any action you may take as a result of linking to any such website or application. Any such websites or applications are likely to set forth specific terms of use and privacy policies that you should review. Company is under no obligation to maintain any link on the Site and may remove a link at any time in its sole discretion for any reason whatsoever. Company shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website or application. Company is not responsible for the privacy practices of any other websites or applications.

INTELLECTUAL PROPERTY

3.1 The Site is protected by intellectual property laws, it belongs to and is the property of the Company and our licensors (if any), and the Company retains all ownership rights to it. Customer agrees not to copy, rent, lease, sell, distribute or create derivative works based on the Site, in whole or in part, by any means, except as expressly authorized in writing by the Company.

3.2 Customer will not, directly or indirectly, (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Site or any software provided therewith, (ii) modify, translate or create derivative works based on the Site or any software provided therewith (except to the extent expressly permitted by Company or authorized within the Site), (iii) use the Site or any software for timesharing or service bureau purposes or otherwise for the benefit of a third party, or (iv) remove any proprietary notices or labels.

3.3 Company encourages all customers to comment on the Site, provide suggestions for improving it and vote on suggestions Customers like. Customer agrees that all such comments and suggestions will be non-confidential and that the Company owns all rights to use and incorporate them into the Site, without payment of attribution to Customer.

CUSTOMER DATA

4.1 Company shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Site and related systems and technologies (include, without limitation, information concerning Customer Data and date derived therefrom). And Company will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Site and for other development, diagnostic and corrective purposes in connection with the Site and other Company offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business.

DISCLAIMER

5.1 Disclaimer. COMPANY DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE. THE SITE IS PROVIDED “AS-IS” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

INDEMNITY

6.1 Indemnification You shall defend Company, its Affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against claims or proceedings relating to or arising from your use of the Site, your fraud, violation of law, or willful misconduct, or any breach by you of these Terms, and indemnify Company from and against reasonable attorneys’ fees, court costs, and damages awarded in final judgement or court-approved settlement thereof.

6.2 Customer Representation Customer represents, covenants, and warrants that Customer will use the Site only in compliance with all applicable laws and regulations. Customer hereby agrees to indemnify and hold harmless the Company against any damages, losses, liability, settlements and expenses (including without limitation costs and attorney’s fees) in connection with any claim or action that arise from an alleged violation of the foregoing or otherwise form the Customer’s use of Site. Although Company has no obligation to monitor Customer’s use of the Site, Company may do so and may prohibit any use of the Site it believes may be (or alleged to be) in violation of the foregoing.

LIMITATION OF LIABILITY

7.1 LIMITATION OF LIABILITY NOTWITHSTANDING ANYTHING TO THE CONTRARY, COMPANY AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS, AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR (1) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SITES OR TECHNOLOGY OR LOSS OF BUSINESS, (2) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, (3) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL, OR (4) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED $50, IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MISCELLANEOUS

8.1 Amendment; No Waiver. Company may update and change any part or all of these Terms by at any time. If Company updates or change these Terms, the updated Terms will be posted at www.rented.com. The updated Terms will become effective and binding on the next business day after it is posted. When Company changes these Terms, the “Last Modified” date above will be updated to reflect the date of the most recent version.

8.2 Compliance with Law Customer shall be responsible for compliance with all applicable laws and regulations in your use of the Site.

8.3 Designated Copyright Agent. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials made available on or accessible through the Site infringe your copyright, you (or your agent) may send us a notice requesting that we remove or block the materials or disable access to them. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then- current statutory requirements imposed by the DMCA. For purpose of the DMCA, notices and counter-notices can be sent to: support@rented.agencypartner.com.

8.4 Entire Agreement; Severability; Counterparts; Further Action: This Agreement (including each Order) its appendices, addendums, and attachments, and our Privacy Policy (found here) embody the entire agreement and understanding of the Parties in respect of the subject matter hereof and supersedes all prior and contemporaneous written or oral communications or agreements between the Parties regarding such subject matter.  If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable and omitted and the remaining provisions shall nevertheless continue in full force and effect and shall be construed in accordance with the purposes, tenor and effect of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be an original, but such counterparts shall together constitute one and the same agreement. The Parties agree to execute any additional documents and take such further action as may be reasonably necessary to carry out the purpose of this Agreement.