Terms of Use

These “Terms of Use” shall govern the relationship among RENTERVAL LLC, a Texas limited liability company (the “Site Sponsor”) who hosts a website at www.RentMy.co which is designed to facilitate the providing by merchants of products and services to customers (the “Website”), each merchant who offers products, services or both on the Website (individually a “Merchant” or “Client” interchangeably) and collectively the “Merchants” or “Clients”), and each customer who rents or purchases products, services or both on the Website (individually a “Customer” and collectively the “Customers”). In the case of any conflict between these Terms of Use and the terms of any Merchant or Customer, the provisions of these Terms of Use shall control.

By accessing the Site you consent to receiving these Terms and communications from Site Sponsor in electronic form, and agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. 1. 

DEFINITIONS

1.1 “Platform” refers to the eCommerce Software as a Service (SAAS) platform provided by Site Sponsor, including all its features and functionalities.

1.2 “Client Data” means any data, information, or content provided by Client or its authorized users while using the Platform.

2. LICENSE GRANT TO MERCHANTS

2.1 Grant of License to Merchant. For the Term hereof, the Site Sponsor grants to each Merchant, and each Merchant hereby accepts, a nonexclusive, nontransferable right to (i) access, with a secure user identification and password issued by the Site Sponsor, the Website and the current version of RentMy.co (the “Software”) displayed thereon and any subsequent or updated versions of the Software which may be released during the Term of this Agreement, and (ii) place on the Website Merchant’s name, address, telephone number and e-mail address (or, if elected by Merchant, place the Merchant on the Website under confidential designation to be assigned by the Site Sponsor following the providing by the Merchant to the Site Sponsor of Merchant’s complete name, address, telephone number and e-mail address), together with (x) descriptions of the product(s), service(s), or both, to be offered by the Merchant to Customers, (y) the terms and conditions under which same will be provided to Customers, and (z) the price(s) at which same will be offered to Customers. The information described in Item (ii)(x)-(z) of the preceding sentence shall be referred to individually and collectively as the “Merchant Data.”

2.2 Restrictions. Client agrees not to:

(a) Use the Platform for any unlawful purpose or in violation of any applicable laws or regulations;

(b) Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Platform;

(c) Modify, adapt, translate, or create derivative works based on the Platform;

(d) Sell, rent, lease, sublicense, or otherwise transfer rights to the Platform;

(e) Use the Platform to transmit harmful code or engage in any malicious activities;

(f) Use the Platform in a manner that disrupts, interferes with, or damages the Platform’s integrity or performance;

(g) Remove or alter any copyright, trademark, or other proprietary notices from the Platform.

3. CLIENT DATA

3.1 Ownership. Client retains all rights, title, and interest in and to Client Data.

3.2 Data Security. Site Sponsor will take reasonable measures to protect the security and confidentiality of Client Data but shall not be responsible for any unauthorized access, use, or disclosure of Client Data unless such access results from Site Sponsor’s gross negligence or willful misconduct.

4. SUPPORT AND MAINTENANCE

Site Sponsor may, at its discretion, provide Client with technical support and maintenance for the Platform. The terms and conditions for such support and maintenance shall be outlined in a separate agreement.

5. FEES AND PAYMENT

Client shall pay Site Sponsor the fees as specified in the separate pricing agreement or invoice issued by Site Sponsor.

6. TERM AND TERMINATION

6.1 Term. The initial term of the license granted pursuant to Terms of Use, as applicable, is thirty days from date of initial access of the Website by Merchant or Customer, as applicable, which term is thereafter automatically renewed for successive thirty day terms until terminated by a party with electronic notice prior to the expiration of the initial or any renewal period.

Termination. This Agreement may be terminated by a party at any time and for any reason.

Events Upon Termination or Expiration. Upon expiration or in event of termination of this Agreement for any reason, Merchant will immediately discontinue all access and use of the Website. Merchant shall not be entitled to a refund of any amount paid to the Site Sponsor. All provisions of this Agreement relating to protection of Site Sponsor’s intellectual property rights, and such other provisions as would be expected to survive, shall survive termination or expiration. Termination shall be in addition to, and shall not prejudice, either of the parties’ remedies at law or in equity consistent with the provisions of this Agreement.

7. INTELLECTUAL PROPERTY RIGHTS

The Website. Merchant acknowledges and agrees that (i) Site Sponsor retains all right, title and interest in and to the Website and all intellectual properties contained therein or associated with it, and (ii) Merchant does not acquire any rights in or to the Website but is only accessing the Website to facilitate the providing and purchasing of product(s), service(s) or both by Merchant , subject to these Terms of Use. Merchant shall make all of its employees who access the Website aware of their obligations and responsibilities under these Terms of Use and shall take appropriate actions to fulfill same. Merchant further acknowledges and agrees that the Website contains and incorporates the valuable, confidential and proprietary material of the Site Sponsor. Merchant shall safeguard access to the Website with a degree of care commensurate with reasonable standards of industrial security for protection of this information and will not disclose or access any of it except strictly as permitted under this Agreement. Site Sponsor owns all right, title and interest to all copyrights extending to materials in or comprising the Website, and all rights are reserved by the Site Sponsor. Unauthorized use, duplication, or distribution of the Website in whole or in part is prohibited by U.S. Copyright Law and various international treaties. This Agreement does not grant any party the right to use the trademarks of any other party in advertising or promotional material.

Safeguarding Merchant Data. All Merchant Data placed on the Website by Merchants for presentation and storage by Site Sponsor and for access by Customers is ultimately maintained and controlled by the Site Sponsor. Site Sponsor retains all rights to share Merchant Data in group aggregation form at merchant, city, area, regional and national levels so long as such data is shared in a form which prevents its association with, and is not personally or individually identifiable to, Merchant Safeguarding Customer Data. Site Sponsor agrees that all information describing the Customer Data, as well as that transaction data of any Merchant with whom Customer contracts for the purchase of a Merchant product(s), service(s) or both will be kept confidential by Site Sponsor, will not be sold or conveyed by Site Sponsor and will remain under the control of the Site Sponsor unless Site Sponsor receives prior written consent from Customer for sharing this data. Each Merchant hereby represents and warrants that it will use and disclose any Customer Data obtained through the Website only in compliance with all local, state and federal rules, regulations, and laws. Site Sponsor retains all rights to share Customer Data in group aggregation form at customer, city, area, regional and national levels so long as such data is shared in a form which prevents its association with, and is not personally or individually identifiable to, Customer.

8. Disclaimer and Limitation of Liability

Disclaimer. SITE SPONSOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, OR NON-INFRINGEMENT. IF AND TO THE EXTENT THAT PORTIONS OF WEBSITE INCLUDE PROGRAMS LICENSED BY SITE SPONSOR FROM THIRD PARTIES, SUCH PORTIONS ARE PROVIDED “AS IS.”

Limitation of Liability. IN NO EVENT SHALL SITE SPONSOR BE LIABLE TO ANY MERCHANT OR ANY CUSTOMER FOR ANY INJURIES OR DAMAGES ARISING FROM RELATIONSHIPS BETWEEN MERCHANTS AND CUSTOMERS WHICH WERE INITIATED THROUGH THE WEBSITE; NOR SHALL SITE SPONSOR BE LIABLE IN ANY EVENT FOR ANY INJURIES OR ANY DAMAGES RESULTING FROM LOSS OF DATA, LOSS OF PROFITS, LOSS OF USE OF PRODUCTS OR SERVICES, LOST CONTRACTS, OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR TORT DAMAGES IN ANY WAY ARISING OUT OF OR IN CONNECTION WITH THE ACCESS TO OR PERFORMANCE OF THE WEBSITE OR RELATING TO THESE TERMS OF USE OR THE RELATIONSHIP BETWEEN THE PARTIES, HOWEVER CAUSED, EVEN IF SITE SPONSOR HAS BEEN MADE AWARE OF SUCH DAMAGES. SITE SPONSOR’S ENTIRE LIABILITY TO CUSTOMER FOR DAMAGES, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION OR THEORY OF LIABILITY (INCLUDING CONTRACT, TORT OR WARRANTY), SHALL BE LIMITED TO THAT PORTION OF THE AMOUNT RETAINED BY SITE SPONSOR AS COMPENSATION FOR SITE SPONSOR’S SERVICES TO ANY MERCHANT OR CUSTOMER FOR THE PARTICULAR TRANSACTION WHICH RESULTED IN SUCH DAMAGES. MERCHANT AND CUSTOMER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS SITE SPONSOR, ITS PARENTS, SUBSIDIARIES, DIVISIONS, AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL LOSSES, SETTLEMENTS, CLAIMS, SUITS, PROCEEDINGS, JUDGMENTS, AWARDS, LIABILITIES, COSTS, AND EXPENSES (INCLUDING ATTORNEY’S FEES) RESULTING FROM ANY NEGLIGENT ACT OR WILLFUL MISCONDUCT OF MERCHANT OR CUSTOMER, OR ANY ALLEGATION THAT SITE SPONSOR HAS INFRINGED OR VIOLATED ANY PATENT, COPYRIGHT, TRADE SECRET, TRADEMARK, OR OTHER THIRD PARTY INTELLECTUAL PROPERTY RIGHT, ARISING OUT OF A MERCHANT’S OR A CUSTOMER’S USE OR OPERATION OF THE WEBSITE.

9. Miscellaneous

Entire Agreement. This Agreement states the entire understanding among Site Sponsor and Merchants concerning the Website and supersedes all prior oral and written communications. No amendment to this Agreement shall be effective unless it is in writing and signed by all applicable parties.

Assignments. Neither this agreement nor any rights, obligations or licenses granted hereunder may be assigned by any Merchant or Customer without prior written consent of Site Sponsor. This Agreement shall inure to the benefit of the parties and their permitted successors and assigns.

Severability. If any provision of this Agreement is determined to be unenforceable because it is invalid or in conflict with any law of any relevant jurisdiction, the validity of the remaining provisions shall not be affected, and there shall be substituted a provision as nearly similar to it in meaning and substance as practicable while still being valid and enforceable.

Notices. Notices under this Agreement shall be in writing and shall be deemed to have been received when personally delivered or sent via electronic transmission to the respective addresses disclosed upon each Merchant’s or Customer’s registration for access to the Website, as applicable, or, in the case of the Site Sponsor, alternatively to the address disclosed on the Website or to such other persons or addresses as the parties may notify one another from time to time, and will be deemed effective on the date of personal delivery or upon confirmation of an electronic transmission, as applicable.

Governing Law and Jurisdiction. All disputes arising under or related to this Agreement or the relationship between the parties shall be interpreted and governed under the laws of the State of Texas, and shall be heard in Dallas County, Texas and in no other location.

Arbitration. Any dispute arising under or related to this Agreement or the relationship between the parties which cannot be amicably resolved will be resolved by binding arbitration in Dallas, Texas before a single arbitrator according to the then-current Commercial Arbitration Rules of the American Arbitration Association and judgment may be entered on the award in any court of competent jurisdiction. The arbitrator will have no authority to enter an award not permitted under this Agreement. Site Sponsor may seek immediate injunctive relief in a court located in Dallas County, Texas if time is of the essence.

No Waiver. The waiver by any party of a breach or default of any provision under this Agreement shall not be construed as a waiver of any succeeding breach or default of the same or any other provision, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has, or may have, hereunder operate as a waiver of any right, power or privilege by such party.

Relationship of the Parties. In performing its responsibilities pursuant to this Agreement, it is understood that Site Sponsor is at all times acting as an independent contractor and that Site Sponsor is not a partner, joint venturer, employer, or employee of either any Merchant or any Customer. It is expressly agreed that Site Sponsor will not for any purposes be deemed to be an agent, whether ostensible or apparent, of any Merchant or any Customer.

Compliance with Laws and Regulations. The parties agree to conduct their activities in full compliance with any and all applicable laws, rules and regulations adopted or promulgated by any governmental agency or regulatory body, state or federal, that are now or may in the future may become applicable to the services, or arising out of the performance of services hereunder.

Consent to Contact. By accessing the software, the user agrees to contact by email, phone, postal service and/or SMS/text message.