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Terms of Use

Terms of Use, as of October 19, 2016

  1. This is an Enforceable Legal Agreement.

This User Agreement (“Agreement”) states the terms and conditions pursuant to which Rent Llama, LLC (“Rent Llama,” “us,” or “we”) agrees to provide Users with certain services (the “Services”).  In this Agreement and in connection with the Rent Llama site and the Services, “Owner” is the person or business entity listing items on the site, to be rented.  “Renter” is the person or business entity making a request to rent and/or renting any item from any Owner.

By clicking on the box on this web site or app that is next to the statement “I have read and agree to the terms and conditions of the User Agreement,” or “Agree,” User agrees to be bound by the terms and conditions stated in this Agreement.  User (“User,” “Owner,” “Renter,” or “you”) also agrees to the terms and conditions of this Agreement by paying for and using the Services.  If User does not agree to the terms and conditions of this Agreement, User may not access or otherwise use the Services.

Certain aspects of the Services utilize Google Maps.  For additional information, including terms of service and privacy policies that apply to Google Maps, visit  http://www.google.com/policies/privacy and http://www.google.com/intl/en-us/help/terms_maps.html

  1. Owners and Renters are Responsible for Activity and Claims.

All Users, including Owners, Renters, and any other site visitors, agree to engage honestly with us and with other Users, and with us.  You agree that you will give only accurate and current identity and contact information, and that you will update such contact information from time to time as needed to keep it current. If you or any person or business entity related to you is harmed or suffers any loss related to any User or party related to any User, you agree that we do not have any liability for any claims arising out of or relating to any such loss or damage.  You will not, nor will your successors, assigns, or any related parties or heirs make any claim against us for any acts or failures to act by any other User.

  1. Owners’ Responsibilities.

If you are an Owner, you agree to accurately represent the items you post on the site.  You agree to respond in a timely and honest manner to inquiries about your items, and to respond as quickly as you are able to any Requests to Rent.  You will not request or obtain any rental price or any other compensation in excess of or in addition to the pricing listed on the Site at the time any relevant Renter submits a rental request.  You will not request or accept any payment outside of the payment system on the site, for any reservation, rental, or any other matters initiated or confirmed via the site.

  1. Renters’ Responsibilities.

If you are a Renter, you agree to accurately represent yourself and if asked, to accurately represent your experience with any particular tool, equipment, or other item for which you request a rental on the site. You will not make any payment outside of the payment system on the site, for any reservation, rental, or any other matters initiated or confirmed via the site.  You agree that for any items that you rent, you will be primarily responsible for any acts, claims, damages, or liabilities resulting from or relating to your use of each item.  If any item is damaged, defective, harmful, or otherwise not as listed or expected, you will be free to request a refund of any reservation or rental amounts paid for that item, and you agree that your sole remedy and claim for any other compensation or amounts will be against the Owner who listed the item on the site.  You are responsible for competent and safe operation of any item that you rent.  If you or any person or business entity related to you is harmed or suffers any loss related to any User or party related to any User, you agree that we do not have any liability for any claims arising out of or relating to any such loss or damage.  You will not, nor will your successors, assigns, or any related parties or heirs, make any claim against us.

  1. Late Returns of an Item

When you rent an item, you give the Owner and us permission and authority to charge the credit card on which you have placed your reservation payment, for the greater of the time period of the reservation or the time period until the item is returned to the Owner.  Any pro rata offset or discount for items returned early to an Owner will be at the discretion of the Owner, and are not required or promised.

  1. Failure to Return an Item

Owner understands and acknowledges that any item that is rented might not be returned.  Owner agrees to make no claim against Rent Llama or related parties for any failure to recover any item offered for rent on the site.

If a Renter does not return an item within seven (7) days of notice to Renter of the end of the agreed rental reservation period, Owner and Rent Llama have the authority to charge Renter’s credit card on file for an amount that is deemed by a dispute resolution process to be the fair value of the item.

  1. Damaged Items

Owner understands and acknowledges that any item that is rented might not be returned in good condition.  Owner agrees that ordinary wear and tear, scratches, dings, and other minor damage to an item are expected.  If an Owner is otherwise dissatisfied with a Renter due to damage to an item that is excessive, out of the ordinary, or renders a useful item unusable, Owner may request reimbursement for such damage by means of the dispute process within this Agreement.

  1. Disputes

All users are highly encouraged to act appropriately and try to resolve disputes on their own, and take all preventative measures possible to avoid issues or disputes. However, sometimes things happen. Users may, however, submit a dispute resolution request to Rent Llama in cases involving alleged loss of or damage to a rented item, or minor physical injury directly relating to use of a rental item, or property held for a different duration than the agreed rental period, using our dispute resolution form. Rent Llama will review each such case and either approve additional charges to the relevant credit card on file or initiate a refund, as deemed appropriate in Rent Llama’s sole discretion.  The decisions and resolutions will not be more than a full refund if resolved in favor of the Renter, or more than the total value of the rental item plus lost rental income, if resolved in favor of the Owner.  If an incident involves allegations other than as described in this paragraph, users will be referred to local authorities. If a dispute involves a credit card chargeback dispute or alleged fraudulent charge, Rent Llama will have no control over the resolution by the credit card company of any such dispute within such process.  Each user agrees that where the dispute is within the bounds described by this paragraph, Rent Llama’s decision will be binding and final on each of the users involved in the dispute.  Rent Llama will communicate all relevant messaging, any requests for information, and its decision, to the User via the email that is associated with the User’s account at the relevant time.

  1. Ratings

The site and Services give you the opportunity to rate other Users once you have interacted with them.  You agree to post only honest reviews for Users and items with whom/which you have direct experience.  We will assign scores to Users and/or items.  Such scores will change over time, and will be subject to our own analysis and reserving the right to disregard outlier feedback and to change our scoring calculations to account for our own experience and judgment.  You will not have any claim or cause of action against any User, or against us, for changes in your scores or changes in the scores for any of your items.

  1. User Agrees that Rent Llama May Monitor, Collect, Use, Communicate, Retain, and Disclose Location Information.

10.1.    User agrees that Rent Llama may use data from a global positioning satellite tracker in the User’s phone or other mobile device (the “Device”) and/or IP address and service provider location data for other devices, together with Rent Llama’s location tracking and communication technologies, to monitor and collect global positioning satellite (“GPS”) coordinates showing the instant location of the User (“Location Information”).

10.2.    User agrees that Rent Llama will monitor and collect Location Information through communication technologies and networks chosen by Rent Llama, and that this information may be used to transmit content, images, promotions, advertising, photographs and other images, location-relevant data, and other data chosen by Rent Llama.

10.3.    User agrees that Rent Llama may communicate Location Information and notices to User through means chosen by Rent Llama or chosen by User, as when User chooses to receive push notifications to the User’s Device, or through Short Message Service (“SMS”) messages sent to User’s mobile phone.

10.4.    User agrees that Rent Llama may use, retain, and disclose Location Information as described in this Agreement and in Rent Llama’s Privacy Policy, available at http://rentllama.com/privacy_policy (the “Privacy Policy”), which is incorporated by reference in this Agreement.

  1.    User Is Prohibited From Using the Services for Illegal Purposes.

User shall not use, and shall report to Rent Llama any other person using, the Services in any way that violates a federal, state, or local law, regulation, or ordinance, or for any tortious or illegal purpose, including but not limited to harassing, slandering, defaming, or improperly conducting surveillance of any person.

  1.    User Agrees to Certain Warranties.

User warrants to Rent Llama that:

12.1.    User will use the Services only as provided in this Agreement;

12.2.    User is at least 18 years old and has the right or has obtained any required authorization to agree that Rent Llama may monitor, collect, use, communicate, retain, and disclose Location information as described in this Agreement;

12.3.    Any information User provides or discloses to Rent Llama will be accurate, complete, and current; and

12.4.    User will notify Rent Llama regarding any material change to information User provides by using the methods for contacting Rent Llama stated in the “Contact Us” section of our website and app.

  1. We May Amend this Agreement

13.1    Rent Llama reserves the right, at its sole discretion, to change, modify, add to, or remove any portion of this Agreement, in whole or in part, at any time.  Rent Llama will include such Amendments on the version of this Agreement that is posted on Rent Llama’s Web site (http://rentllama.com/privacy_policy) and will notify User by e-mail that the Agreement has been amended.

13.2    Amendments to the Agreement will take effect immediately upon being posted to the Web site.  User’s continued use of the Services and/or User’s opt-in confirmation after Rent Llama posts an Amendment constitutes User’s acceptance of and consent to the Amendment.

13.3    Rent Llama will not charge User a termination fee if User terminates the Services as described in section 5.2 of this Agreement.

  1.    Maintain the Security of Your Own Account

Rent Llama will provide, or User may choose, a username, password, or other security information (“Security Information”), which User must use to access and use the Services.  You must maintain the confidentiality of the Security Information.  You shall be responsible for all activities performed using User’s Security Information and for all activities performed under your account and user identification.  User shall notify Rent Llama immediately of any unauthorized use of User’s Security Information.

 

  1.    Rent Llama and User May Terminate this Agreement and the Services.

15.1.    Rent Llama may, with or without cause, terminate this Agreement at any time, and deny User access to or use of the Services.  Without limiting the foregoing, Rent Llama has the right to immediately terminate or suspend User’s account or use of the Services in the event that User breaches this Agreement or engages in conduct that Rent Llama, in its sole discretion, considers unacceptable.  If this Agreement is terminated, User will no longer be authorized to access or use the Services.

15.2.    User may terminate the Services at any time, by contacting Rent Llama support at info@rentllama.com

15.3.    All provisions of this Agreement that by their nature are intended to survive the expiration or termination of this Agreement, including but not limited to obligations with respect to disclaimers of warranties, limitations of liability, indemnification, and intellectual property rights, shall survive any expiration or termination.

 

  1.    Rent Llama Disclaims All Warranties.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RENT LLAMA, ITS PARTNERS, SUPPLIERS, AND LICENSORS PROVIDE THE SERVICES “AS IS” AND WITH ALL FAULTS.  RENT LLAMA DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES OR THAT ANY DATA SENT BY OR TO USER, OR SENT BY A DEVICE, WILL BE TRANSMITTED IN UNCORRUPTED FORM, WITHIN A REASONABLE AMOUNT OF TIME, OR WITHOUT BEING INTERCEPTED.  RENT LLAMA, ITS SUPPLIERS, AND LICENSORS DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, WRITTEN, ORAL, CONTRACTUAL, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES, DUTIES, OR CONDITIONS OF OR RELATED TO:  MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT MAY ARISE FROM A COURSE OF DEALING OR USAGE OF TRADE.

 

  1.  Rent Llama Potential Liability Is Limited.

17.1.    Rent Llama shall not be liable for any indirect, special, incidental, consequential, exemplary, or punitive damages of any kind, including but not limited to lost profits (regardless of whether Rent Llama has been notified that such loss may occur) by reason of any act or omission in its provision or failure to provide the Services, products, or devices.  Rent Llama shall not be liable for any act or omission of any third party that furnishes any part of the Services, or that furnishes a product or device used in connection with the Services, including but not limited to third parties participating in offers made through Rent Llama.  Rent Llama shall not be liable for any damages that result from any service provided by, any item listed for rent on the site, or product or device manufactured by, third parties.

17.2.    Rent Llama shall not be liable for any damages resulting from distracted driving, data cost, lost or compromised data, matters arising out of information user shares via the Rent Llama platform or related outlets, accidents arising out of or relating to use of the Rent Llama Services, incorrect navigational data, wrong voices, incorrect or mismatched images or text, fraud, false advertisement, computer viruses, or identify theft. Rent Llama is also not responsible for harm caused by Rent Llama partners or other third parties.

17.3.    Notwithstanding any damages that user may suffer for any reason, the entire liability of Rent Llama and its suppliers and licensors under any provision of this agreement or in connection with the Services or devices, and user’s exclusive remedy for all of the foregoing, shall be limited to the amount actually paid by user for the Services during the 12 months prior to the event that user claims caused the damages.

17.4.    Rent Llama shall not be liable for any damages User or others may incur as a result of User’s loss, disclosure, or a third party’s use of User’s Security Information, regardless of whether such disclosure or use is with or without User’s knowledge or consent.

17.5.    In no event shall Rent Llama have any liability for any damages arising out of or in connection with:  (a) User’s own actions or failures to act, negligence, or willful misconduct, (b) acts or omissions of any third party, including but not limited to any telecommunications service provider, Owner, Renter, or (c) events or causes beyond Rent Llama’s reasonable control, including but not limited to acts of God, war, terrorism, criminal or tortious acts by third parties, riots, or natural disasters.

17.6.    The limitations, exclusions, and disclaimers set forth in this Agreement shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

 

  1.    Indemnity.

18.1.    User agrees to defend, to indemnify, and to hold harmless Rent Llama and its affiliates, suppliers and licensors (and each entities’ respective officers, directors and employees) from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and attorneys' fees on account thereof) resulting from or relating to User’s use of the Services and a rental item, or to User’s inability to use the Services or a rental item.

18.2.    User’s agreement to defend, to indemnify, and to hold Rent Llama harmless applies whether a claim against Rent Llama is based in contract or tort (including strict liability), and regardless of the form of action, including but not limited to any claims resulting directly or indirectly from User’s intentional or inadvertent misrepresentation of: (a) User’s identity; (b) the identity of persons authorized to access Location Information; (c) User’s right to monitor the location of the pet, vehicle, or item User chooses to track using the Services; or (d) User’s relationship to any of these persons or claims resulting from or relating to User’s breach of this Agreement.

 

  1.    Rent Llama and Its Licensors Own the Intellectual Property Rights.

19.1.    Rent Llama grants User, during the term of this Agreement, a revocable, non-transferable and non-exclusive license to use any software provided by Rent Llama (the “Software”) solely in connection with User’s use of the Services and in a manner that is consistent with this Agreement.

19.2.    User shall not (a) distribute, rent, loan, lease, sell, sublicense, or otherwise transfer all or part of the Software, any access to it, or any rights granted under this Agreement to any other person; (b) reverse engineer, decompile, or disassemble the Software; (c) modify, translate, adapt, arrange, or create derivative works based on the Software for any purpose; (d) use the Software outside of the country of purchase or in a manner inconsistent with or in violation of this Agreement.

19.3.    The Software is protected by copyright, trade secret and other intellectual property laws and treaties and will remain the exclusive property of Rent Llama or its suppliers or licensors.  All rights not expressly granted in this Agreement are reserved by Rent Llama.

19.4.    The "Rent Llama" name and logo and all other trademarks, service marks, tag lines, slogans, and trade names used in connection with the Services are owned by Rent Llama, LLC or its licensors and may not be used by User without the written consent of Rent Llama.

 

  1.   Infringement Notice Procedure.

20.1   If you are a copyright owner or an agent thereof and you believe that any content or link on the app, Services, or related web site infringes upon your copyrights, you may submit a notice pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent the following information in writing:

You acknowledge and agree that if you fail to comply with all of the requirements listed, your DMCA notice may not be valid.

20.2 DMCA Agent:  DMCA notices should go to our DMCA Agent, who is <name and address>, email: ___@_________.com.

20.3   Counter-Notification.   A User who has uploaded or posted materials that become the subject of a DMCA notice as described above may supply a counter-notification. The owner of an affected page or account, or the provider of affected content on one of our Services may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DCMA.  We will review such counter-notifications and may thereafter reinstate the challenged posts or material.

20.4   To file a counter-notification with us, you must provide a written communication (by fax or regular mail or by email) that sets forth all of the items required by the DMCA.  Please note that you will be liable for damages if you misrepresent that infringing content or an activity is not infringing.  If you are not sure whether certain material infringes the copyrights of others, please contact a lawyer.

 

  1.    Rent Llama May Use User Information, No Redistribution.

21.1.    Rent Llama handles User information in a manner consistent with federal privacy laws and our Privacy Policy (http://rentllama.com/privacy_policy).  Except as contemplated by our Privacy Policy and as necessary to deliver the Services, Rent Llama shall not intentionally share Personal Information or Location Information obtained through Rent Llama’s Services to third parties not related to Rent Llama without User’s written permission.

21.2.    User agrees that any and all information and content provided by User in the course of using the Services is provided by User with a perpetual non-exclusive license for use by Rent Llama in any way Rent Llama may deem appropriate or helpful to delivering the Services or a future version of a service provided by Rent Llama or its successor in interest.  Rent Llama may use this information and content for any lawful purpose, subject to the Privacy Policy.

21.3     No User may scrape, harvest, republish, copy or aggregate or download by use of bots or web-crawling spiders, or redistribute any data or content submitted by any other user of the Services, except as allowed by features and functions within the Services, or by authorized API connection, according to the applicable terms for any such API connection.

21.4.    User acknowledges that data transmissions to Rent Llama, transmissions from Rent Llama to User, and User’s communications with Rent Llama may be intercepted and read by others.  User therefore acknowledges that the Services, communication on or related to the Services, and User-provided data or content are not necessarily confidential.

21.5.    To comply with legal process, Rent Llama may disclose any User information or content to law enforcement authorities or in response to an apparently valid subpoena or investigative demand.  Rent Llama may also disclose any User content to third parties as is necessary to respond to claims that any content violates the rights of third parties or to protect the rights and property of Rent Llama or its commercial partners.

21.6   The Service enables users to post photos and descriptions of items.  If you believe that a photo, description, or other content posted to the Service depicts or describes you, and you would rather not appear or be described in that manner, please contact us at info@rentllama.com so that we can look into it and take appropriate steps to assist you.

 

  1.   User’s Use of Content and Services Is Restricted.

22.1.    User shall not upload, post or transmit to or distribute or otherwise publish through the Services any materials that (a) restrict or inhibit any other User from using the Services, (b) are unlawful, threatening, harassing, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (c) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (d) violate, plagiarize, or infringe the rights of third parties, including copyright, trademark, patent, rights of privacy or publicity or any other proprietary rights, (e) contain any viruses, Trojan horses, worms, time bombs, cancel bots, or other harmful components that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or information, (f) contain advertising or promotion of products or services that are in Rent Llama’s judgment outside of the subject matter of the Service, or that are, in Rent Llama’s judgment, misleading, unduly repetitive, or disruptive to the Service or its users, or (g) constitute or contain false or misleading indications of origin or statements of fact.

22.2.    If Rent Llama determines in its sole discretion that User is using an excessive amount of Rent Llama’s network resources or otherwise acting in violation of these terms or interfering with the Services, Rent Llama may adjust, suspend or terminate the Services Rent Llama provides to User at any time, without notice.

22.3.    Rent Llama reserves the right to limit, remove, or delete any information that User uploads, downloads, posts, distributes, or otherwise transmits through the Services, for any reason, at any time.

 

  1.  Additional Terms and Conditions.

23.1.    This Agreement, including the Privacy Policy incorporated in the Agreement supersedes all oral or written communications and understandings between User and Rent Llama with respect to the Services and the terms under which the Services are offered and provided.

23.2.    Any cause of action User may have with respect to Rent Llama or the use of the Services must be commenced within one (1) year after the claim or cause of action arises.

23.3.    Both parties waive the right to a jury trial in any dispute arising out of this Agreement or the Service.

23.4.    If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion of the Agreement, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

23.5.    The headings contained in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

23.6.    User may not assign his or her rights or delegate his or her obligations under this Agreement.

23.7.    There shall be no third party beneficiaries under this Agreement, except for Rent Llama’s affiliates, suppliers, and licensors or as required by law.

23.8.    Any legal action concerning this Agreement or the Services shall be interpreted under the laws of the Commonwealth of Virginia, without regard to any choice of law rules.

23.9.    Any dispute arising from or relating to this Agreement, regardless of theory of action, shall be resolved exclusively in the state and federal courts of the Commonwealth of Virginia, either the Circuit Court for the City of Richmond, or the United States District Court for the Eastern District of Virginia, Richmond Division.

23.10.    Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph.

23.11.    The failure of Rent Llama to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

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