Terms and Conditions

Please read the following Terms carefully before using any of RentStuff.com's and its affiliates' (collectively, "RentStuff.com", "our" or "we") web sites, including, but not limited to, the RentStuff.com web site and any communications features, online features, rental features, services and/or programs offered by RentStuff.com and/or a customer or user of RentStuff.com's web sites and/or services (collectively, the "Web Site"). The Terms apply only to the Web Site implemented to and for users in the United States of America, and shall not be applicable to users in other countries. By accessing or using the Web Site, you agree to the following Terms. You should review these Terms regularly as they may change at any time at the sole discretion of RentStuff.com. If you do not agree to any portion of these Terms, you should not access or otherwise use the Web Site. "Content" refers to any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and/or downloaded from the Web Site, other than User Content, which is discussed in Paragraph 8.

We will make an effort to update this web page with any changes to these Terms and/or to the services described in these Terms and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms). By your continued use of the Web Site after changes are posted, you will be deemed to have accepted such changes.

1. CONVENIENCE AND INFORMATION ONLY; ACCEPTANCE OF TERMS. By merely providing access to the Web Site, RentStuff.com does not warrant or represent that: (a) the Content and/or the User Content is accurate, complete, up-to-date or current; (b) RentStuff.com has any obligation to update any Content and/or User Content; (c) the Content and the User Content is free from technical inaccuracies or typographical errors; (d) that the Content and/or User Content does not infringe on the intellectual property rights of any third party; (e) that the Content and/or the User Content is free from changes caused by a third party; (f) your access to the Web Site will be free from interruptions, errors, computer viruses or other harmful components; (g) any information obtained in response to questions asked through, or postings made on, the Web Site is accurate or complete; (h) any product or service that you rent or purchase from a third party through the web site will be as described, meet your expectations or be provided to you at all.

You affirm that you are 18 years of age or older and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as THE WEB SITE IS NOT INTENDED FOR CHILDREN UNDER 13 YEARS OF AGE. Your registration for, and/or use of, the Web Site constitutes your representation and warranty that: (a) you satisfy these eligibility requirements, and (b) you have the right, authority and capacity to abide by all of the Terms.

2. SITE USE AND CONTENT. You may view, copy or print pages from the Web Site solely for personal and non-commercial purposes. Except solely in connection with your authorized participation in the services offered by RentStuff.com, you may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Web Site without the express, prior, written consent of RentStuff.com. At any time, we may, without further notice, make changes to the Web Site, to these Terms and/or to the services described in these Terms. You are prohibited from accessing any portion of the Web Site for which you have not been granted proper access and permission.
3. USER ACCOUNT, PASSWORD AND SECURITY.

(a) USER ACCOUNT. You will be required to create an account ("User Account") through the Web Site and your use of the account shall at all times be governed by these Terms, as they may be amended from time to time. Your User Account is at all times the property of RentStuff.com. We reserve the right to monitor your use of your User Account for any or no purpose. RentStuff.com shall have sole discretion to disclose and share the information that you provide as part of your User Account, as well as all communication through and information submitted to or through the Web Site, subject to the terms of the Web Site Privacy Policy in accordance with paragraph 6 herein.

(b) ACCURATE INFORMATION. In creating and using your User Account, you agree to: (i) provide true, accurate, complete and current information about yourself on any registration form required (such information being the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or RentStuff.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, RentStuff.com shall have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.

(c) SECURITY OF YOU USER ACCOUNT. We use reasonable precautions to protect the privacy of your user name ("UserID"), password and User Account information by utilizing a Secure Socket Layer ("SSL") connection. Accordingly, your UserID, password and User Account information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Web Site. You, however, are ultimately responsible for protecting your UserID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You agree to (i) never allow anyone to have access to your User Account, (ii) immediately notify RentStuff.com of any unauthorized use of your UserID, password or User Account, or any other breach of security, and (iii) ensure that you exit from your User Account at the end of each session. While we may provide certain encryption technologies and may use other reasonable precautions to protect your confidential information, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error. You are always responsible for use of your User Account by yourself and others, including those persons that gained unauthorized access to your User Account through your acts and omissions.

4. DISCLAIMERS; INDEMNIFICATION. Any and all interactions between you and any third party through the Web Site is your exclusive and sole responsibility, whether in person or through the Web Site. You acknowledge and agree that because of the nature of an online service that arranges for third party's to offer goods and/or services for rent, RentStuff.com cannot and does not actively investigate, monitor, review or substantiate any representations or statements made by other users of the Web Site. Likewise, RentStuff.com does not confirm the identity of, or perform any background investigation into, any user of the Web Site.

(a) NO WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE, THE CONTENT AND THE USER CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. RENTSTUFF.COM PROVIDES THE WEB SITE ON A COMMERCIALLY REASONABLE BASIS AND RENTSTUFF.COM MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEB SITE, THE CONTENT, THE USER CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT AND/OR USER CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS, THE CONTENT AND/OR USER CONTENT SHALL BE ACCURATE OR TRUE, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE WEB SITE OR THE SERVERS USED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE WEB SITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. RENTSTUFF.COM DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB SITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT RENTSTUFF.COM SHALL HAVE ADEQUATE CAPACITY FOR THE WEB SITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. You acknowledge and agree that you are exclusively and solely responsible for taking, and you will take, reasonable precautions in all interactions with other Web Site users, whether online or in person.

(b) INDEMNIFICATION. You agree to defend, indemnify and hold RentStuff.com and its affiliates, subsidiaries, owners, directors, officers, trustees, employees and agents (collectively, the "Indemnified Parties") harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys' fees) assessed or incurred by any Indemnified Party, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder including, without limitation, any claims made by any third parties; (iv) your violation of any third party right including, without limitation, any copyright, property, or privacy right; and/or (v) any claim that your User Content caused damage to a third party, including, but not limited to, any other user of the Web Site.

5. LIMITATION OF LIABILITY. RENTSTUFF.COM'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEB SITE, YOUR COMMUNICATIONS, CONTRACTS AND/OR MEETINGS IN CONNECTION WITH THE WEB SITE, AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE SHALL BE THE CANCELLATION OF YOUR USER ACCOUNT. IN NO EVENT WILL RENTSTUFF.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEB SITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEB SITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, INCLUDING, BUT NOT LIMITED TO, (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEB SITE OR THE GOODS AND/OR SERVICES OBTAINED THROUGH USE OF THE WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY ACT OR OMISSION OF ANOTHER USER OF THE WEB SITE OR PERSON WITH WHOM YOU COMMUNICATE, CONTRACT OR MEET THROUGH YOUR USER OF THE WEB SITE, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, AND/OR (VI) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS RENTSTUFF.COM'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
6. PRIVACY. Personal data that you provide regarding yourself will be handled in accordance with RentStuff.com's Web Site Privacy Policy located at www.RentStuff.com/privacy, which is hereby incorporated herein as if stated in full.
7. THIRD PARTY CONTENT.

(a) THIRD PARTY CONTENT. RentStuff.com and/or Web Site users may provide hyperlinks to other web sites maintained by third parties, or RentStuff.com and/or Web Site users may provide third party content on the Web Site (collectively, "Third Party Content"). THE LINKS TO THIRD PARTY WEB SITES AND THIRD PARTY CONTENT ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEB SITE AND THIRD PARTY CONTENT IS NOT UNDER RENTSTUFF.COM'S CONTROL AND RENTSTUFF.COM IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEB SITES AND THIRD PARTY CONTENT, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEB SITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEB SITES LINKED TO THE WEB SITE OR VIEW THE THIRD PARTY CONTENT, YOU DO SO ENTIRELY AT YOUR OWN RISK.

(b) If a third party links to the Web Site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with RentStuff.com. In most cases, RentStuff.com is not even aware that a third party has linked to the Web Site. A web site that links to the Web Site: (i) may link to, but not replicate, Content; (ii) may not create a browser, border environment or frame Content; (iii) may not imply that RentStuff.com is endorsing it or its products; (iv) may not misrepresent its relationship with RentStuff.com; (v) may not present false or misleading information about RentStuff.com's services or products; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only Content that is appropriate for all age groups.

8. USER CONTENT.

(a) The Web Site permits the submission of various forms of content submitted by you and other users, such as documents, images, videos, text files, audio files and comments (collectively, "User Content") and the hosting, sharing, downloading, publishing and/or republishing of such User Content. RentStuff.com does not guarantee any confidentiality with respect to any submissions of User Content to us. Any User Content that you provide or make available to other users of the Web Site may be copied and used by us and those parties in accordance with these Terms. Additionally, all User Content will be viewable by "admin" and "super admin" users and may at any time be subject to pre-screening, revision and/or deletion, at the sole discretion of RentStuff.com or its designees, in order to protect against the storage of offensive, indecent or objectionable materials and otherwise administer the Web Site. You also consent that all User Content that you post to the Web Site will at all times be available to us. By using the Web Site you may be exposed to User Content that is offensive, indecent or objectionable. The User Content posted by any user of the Web Site is not under RentStuff.com's control and RentStuff.com is not responsible for such User Content. If you decide to access any of the User Content, you do so entirely at your own risk. ANY PERSONAL INFORMATION THAT YOU SHARE IN A PUBLIC OR SEMI-PUBLIC FORUM IS NOT SUBJECT TO RENTSTUFF.COM'S WEB SITE PRIVACY POLICY. ADDITIONALLY, RENTSTUFF.COM HAS NO CONTROL OF THE FURTHER DISSEMINATION OF INFORMATION THAT YOU PROVIDE TO ANY THIRD PARTY.

(b) You shall be solely responsible for the User Content that you submit, and the consequences of posting or publishing it. You represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use, and to authorize RentStuff.com and those other users of the Web Site, to use such User Content, all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content and to enable inclusion and use of the User Content as RentStuff.com deems appropriate; and (ii) to the extent applicable, you have the written consent, release, and/or permission of each identifiable individual person in the User Content to use the name or likeness of each such person to enable inclusion and use of the User Content in the manner contemplated by the Web Site and these Terms. By submitting the User Content to the Web Site you hereby grant RentStuff.com a worldwide, non-exclusive, royalty-free, irrevocable, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, republish and perform the User Content in connection with the Web Site and RentStuff.com's (and its agents', affiliates' and successors') current and future business including, but not limited to, publication of any portion or all of the User Content in an advertisement, a book, a magazine, a spoken word work, any other literary work and/or any other audio-visual work, in any medium or format, anywhere in the world. You also hereby grant each authorized user of the Web Site a worldwide, non-exclusive, royalty-free, irrevocable and sublicenseable license to copy, modify, use, reproduce, distribute, publish, republish and prepare derivative works of, display and perform your User Content as permitted through the functionality of the Web Site and under these Terms.

(c) You agree to not use the Web Site to: (i) upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, bullying, tortious, false, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity, including, but not limited to, an officer, director, or employee of RentStuff.com; (iv) falsely state or otherwise misrepresent the goods and/or services offered by or through you; (v) falsely state or otherwise misrepresent your affiliation with any person or entity; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Web Site; (vii) upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of an employment relationship or under a nondisclosure or confidentiality agreement); (viii) upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant RentStuff.com and other users of the Web Site all of the license rights granted herein; (ix) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, spam, phishing schemes, pyramid schemes, or any other form of solicitation; (x) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xi) interfere with or disrupt the Web Site or any of the servers or networks connected to the Web Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Web Site; (xii) intentionally or unintentionally violate any applicable local, state, national or international law; (xiii) stalk or otherwise harass another; or (xiv) collect or store personal data about other users.

(d) You acknowledge that RentStuff.com reserves the right (but in no event undertakes the obligation) to pre-screen User Content and that RentStuff.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move and/or remove any User Content that is available on or through the Web Site. Without limiting the foregoing, RentStuff.com and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable, in RentStuff.com's absolute and sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content or User Content, including any reliance on the accuracy, completeness or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content or User Content created by RentStuff.com or submitted to or appearing on the Web Site.

(e) You acknowledge and agree that RentStuff.com may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any User Content violates the rights of any third parties; or (iv) protect the rights, property or personal safety of RentStuff.com, its users and/or the public. You further acknowledge and agree that each person that has access to your User Content may have less restrictions on his or her use of your User Content, and that you submit your User Content with the understanding that any claim you have with respect to such use by others shall be between you and such other person, and shall not include RentStuff.com and/or its designees.

(f) RentStuff.com and its designees do not endorse any User Content or any opinion, recommendation or advice expressed therein, and RentStuff.com, and its respective designees expressly disclaim any and all liability in connection with User Content. RentStuff.com does not permit copyright infringing activities and infringement of intellectual property rights on the Web Site, and RentStuff.com will remove all Content and User Content if properly notified that such Content or User Content infringes on another's intellectual property rights. RentStuff.com reserves the right to remove Content and User Content without prior notice. Without limiting RentStuff.com's right to cause the termination of a User Account for any or no reason, RentStuff.com will also cause the termination of a User Account if the owner of the User Account is determined to be a repeat infringer. A repeat infringer is a user of the Web Site who has been notified of infringing activity more than twice and/or has had User Content removed from the Web Site more than twice. RentStuff.com also reserves the right to decide whether User Content is appropriate and complies with these Terms for violations other than violations of intellectual property law, such as, but not limited to, obscene or defamatory material. RentStuff.com may remove such User Content and/or cause the termination of a User Account for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion. You acknowledge and agree that RentStuff.com and/or its designees may disclose your identity in connection with any claim of an intellectual property violation.

(g) If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyright rights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (v) the following statement: "I have a good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law"; and (vi) the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." Please also sign the submission that you make to the Copyright Agent. RentStuff.com's designated Copyright Agent to receive notifications of claimed infringement is: DMCA Agent, Christopher Jaeger, email: copyright@rentstuff.com. For clarity, only DMCA notices should go to the DMCA Agent; any other feedback, comments, requests for technical support, and other communications should be directed to RentStuff.com's customer service through service@rentstuff.com. You acknowledge that if you fail to comply with all of the requirements of this Paragraph 8(g), your DMCA notice may not be valid.

9. COPYRIGHT AND TRADEMARKS. The trademarks, service marks and logos used and displayed on the Web Site are RentStuff.com's, or its subsidiaries' or affiliates', or one or more other party's, registered and unregistered trademarks. RentStuff.com is the copyright owner or authorized licensee of all text and all graphics contained on the Web Site. All trademarks and service marks of RentStuff.com that may be referred to on the Web Site are the property of RentStuff.com. Other parties' trademarks and service marks that may be referred to on the Web Site are the property of their respective owners. Nothing on the Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of RentStuff.com's trademarks or service marks without RentStuff.com's prior written permission. RentStuff.com aggressively enforces its intellectual property rights. Neither the name of RentStuff.com nor any of RentStuff.com's other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Web Site or otherwise, without RentStuff.com's prior, written permission.
f you believe that any Content or User Content on the Web Site violates any intellectual property right of yours other than a copyright right (which is covered by Paragraph 8 above), please contact RentStuff.com at the address, email address or telephone number set forth at the bottom of these Terms.
10. RENTAL AGREEMENT. You agree that RentStuff.com is not responsible for any claims or disputes arising from your use of our rental agreement or any rental transaction that you enter into using RentStuff.com. In no event is RentStuff.com providing you with legal advice or representing to you that the rental agreement is or will constitute a legally enforceable agreement.
11. LOCAL LAWS. RentStuff.com makes no representation that content or materials in the Web Site are appropriate or available for use in jurisdictions outside the United States. Access to the Web Site from jurisdictions where such access is illegal is prohibited. If you choose to access the Web Site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. RentStuff.com is not responsible for any violation of law. You may not use or export the Content and/or User Content or materials in the Web Site in violation of U.S. export laws and regulations. You agree that the Web Site shall be deemed solely based in the State of Delaware, and the Web Site shall be deemed a passive website that does not give rise to personal jurisdiction over RentStuff.com, either specific or general, in jurisdictions other than the State of Delaware. These Terms shall be governed by and construed and enforced in accordance with the laws of the State of Delaware, United States of America, without reference to conflict of laws principles. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located in the State of Delaware. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
12. ARBITRATION. THIS ARBITRATION SECTION PROVIDES THAT ANY DISPUTE ARISING FROM THESE TERMS AND/OR YOUR USE OF THE WEB SITE MAY BE RESOLVED BY BINDING ARBITRATION, WHICH REPLACES THE RIGHT TO GO TO COURT. THIS SECTION PROHIBITS YOU FROM BRINGING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT, INCLUDING IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION, AND PROHIBITS YOU FROM BRINGING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. IN ADDITION, THIS ARBITRATION SECTION PROHIBITS YOUR ABILITY TO BE PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE, AND PROHIBITS YOUR ABILITY TO BE REPRESENTED IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. IF NOT FOR THIS ARBITRATION SECTION, YOU MAY HAVE OTHERWISE HAD A RIGHT TO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS AND OTHER REPRESENTATIVE ACTIONS) AND YOU AND WE MAY OTHERWISE HAVE HAD A RIGHT TO BRING CLAIMS IN A COURT BEFORE A JUDGE OR JURY. EXCEPT AS OTHERWISE PROVIDED BELOW, YOU WAIVE ANY OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL A DECISION.

You acknowledge and agree that this Arbitration Section and the agreements contained herein are made pursuant to a transaction that involves interstate commerce, and shall be governed by and be enforceable under the Federal Arbitration Act (the "FAA") (9 U.S.C. §1 et seq.) as it may be amended from time to time. The circumstances and procedures under which claims (as defined below) may be resolved by arbitration instead of in court are set forth herein. For the purposes of this Arbitration Section, "we" and "us" means RentStuff.com, including any parent, subsidiaries, affiliates, licensees, predecessors, successors, or assigns, and all of their officers, directors, employees, agents, and assigns.

For the purposes of this Arbitration Section, a "Claim" shall be any claim, dispute or controversy brought by either you or us against the other or against the employees, parents, subsidiaries, affiliates, beneficiaries, agents or assigns of the other and arising from or relating in any way to the Web Site or the goods and/or services obtained through use of the Web Site. Either party hereto may, without the other's consent, elect to pursue mandatory binding arbitration with respect to any Claim. A party who initiates a proceeding in court may elect arbitration with respect to any such Claims advanced in the lawsuit by any party or parties. This Arbitration Section governs all Claims, whether based in law, common law, tort, contract, status, regulation, ordinance, constitutional provision, or any other legal theory of law, including respondeat superior, or any other legal or equitable ground. In addition, this Arbitration Section governs whether or not such Claims seek as remedies declaratory relief, equitable relief, money damages, penalties or injunctions. For the purposes of this Arbitration Section, the term Claim is to be given the broadest possible meaning, including counterclaims, cross claims, third party claims, interpleaders or otherwise. Any claim, dispute or controversy regarding the applicability of this Arbitration Section or the validity of any or all of the Terms or the RentStuff.com Web Site Privacy Policy are also Claims for the purposes of this Arbitration Section.

Notwithstanding anything herein to the contrary, you retain the right to pursue any Claim in a small claims court and proceed on an individual basis for any such Claim that is within the court's jurisdiction. Arbitration of Claims will be conducted as an individual action. Neither party agrees to any arbitration on a class or representative basis and the arbitrator shall not have authority to proceed with any arbitration on a class or representative basis. Even if a class action lawsuit or other representative action is filed, including in the form of a private attorney general action, any Claim between you and us related to such lawsuits will be subject to an individual arbitration claim if so elected by either you or us. Arbitration proceedings with respect to separate Claims will not be consolidated without the consent of all parties. Only those Claims that are (1) those brought by us against you, or your heirs or your trustee in bankruptcy or (2) those brought by you, or your heirs or your trustee in bankruptcy against us, may be joined in an individual action under this Arbitration Section

The party filing a Claim in arbitration must choose one of the following two arbitration administrators: American Arbitration Association; or JAMS/Endispute ("JAMS"), both of which are independent from us. Any arbitration will be conducted under the rules of the selected arbitration administrator by an impartial third party chosen in accordance with the rules of the selected arbitration administrator and as provided herein. Arbitration hearings will be held at a place chosen by the arbitrator or arbitration administrator within the federal judicial district in which you reside at the time the Claim is filed or at some other place as agreed by the parties in writing. Copies of the current rules of the arbitration administrators named above, and well as information about arbitration and arbitration fees, and instructions for initiating arbitration may be obtained by using the following contact information:

American Arbitration Association
1633 Broadway, 10th Floor, New York, NY 10019
Web site: www.adr.org
Telephone: 800-778-7879
JAMS
1920 Main Street, Suite 300, Irvine, CA 92614
Web site: www.jamsadr.com
Telephone: 800-352-5267

Claims will be resolved by a single, neutral arbitrator, who will be either be a lawyer with at least ten years experience or a retired or former judge. The applicable procedures and rules of the arbitration administrator that are in effect on the date the arbitration is filed will govern the arbitration unless those procedures and rules are inconsistent with this Arbitration Section in which case the procedures and rules of this Arbitration Section will prevail. The procedures and rules of arbitration may limit the amount of discovery available to you or us in the proceeding. Applicable substantive law consistent with the FAA and applicable statutes of limitations will be applied, and the arbitrator will honor claims of privilege recognized at law. At your discretion, you may have a hearing and be represented by counsel. Reasonable steps will be taken by the arbitrator to protect customer information and other confidential information, and the arbitrator may use protective orders to prohibit disclosure outside the arbitration if requested to do so by either party. The arbitrator will have the power to award to a party any damages or other relief provided for under applicable law, the Software Purchase Agreement, the EULA and Terms of Use. The arbitrator will not have the power to award relief to, against, or for the benefit of any person who is not a party to the proceeding. The arbitrator may award punitive damages or attorneys fees if the law, the Software Purchase Agreement, the EULA and/or the Terms of Use authorizes such relief. Any award made by the arbitrator will be evidenced in writing by the arbitrator, but the arbitrator is not required to provide a statement of reasons unless requested by a party.

Any failure or other delay by either party in enforcing this Arbitration Section at any time, or in connection with any particular Claims, will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. Decisions rendered in arbitration proceedings will be final and binding on the parties. There shall be no appeal from arbitration decisions other than for arbitrator bias, fraud or misconduct and any award granted in arbitration will be enforceable by any court having jurisdiction as provided by the FAA and/or other applicable law.

Regardless of which party prevails, each party will bear the expense of the fees and costs of that party's attorneys, experts, witnesses, documents and other expenses for arbitration and any appeal. Notwithstanding the foregoing, the arbitrator shall apply applicable law in determining whether a party should recover any or all fees and costs from another party, and the parties will be bound by such determination.

This Arbitration Section shall survive: (i) termination of, or changes in, the Terms or the RentStuff.com Web Site Privacy Policy and any relationship between you and us; (ii) the bankruptcy of any party or any other similar proceeding initiated by you or on your behalf; and (iii) payment in full of any debt by you or by a third party. Should any portion of this Arbitration Section be deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.

13. AVAILABILITY. Information that RentStuff.com publishes in the Web Site may contain references or cross-references to products, programs or services of RentStuff.com that are not necessarily announced or available in your area. Such references do not mean that RentStuff.com will announce any of those products, programs or services in your area at any time in the future. You should contact RentStuff.com for information regarding the products, programs and services that may be available to you, if any.
14. TERMINATION OF SERVICE We may terminate your account or right to access secured portions of the Web Site at any time, without notice, for any or no reason including, but not limited to, conduct that we believe violates these Terms and/or is harmful to other users of the Web Site, to RentStuff.com, to the business of the Web Site's Internet service provider, or to other information providers.
15. CUSTOMER COMMENTS. We welcome the submission of comments, information or feedback through the Web Site. By submitting information through the Web Site, you agree that the information submitted shall be subject to RentStuff.com's Web Site Privacy Policy.
16. MISCELLANEOUS. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and RentStuff.com's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Your Consent To This Agreement

By accessing and using the Web Site, you consent to and agree to be bound by the terms of the foregoing Terms. These Terms, together with RentStuff.com's Web Site Privacy Policy and any other legal notices published by RentStuff.com on the Web Site, shall constitute the entire agreement between you and RentStuff.com concerning the Web Site. If we decide to change these Terms, we will make an effort to post those changes on the web page so that you will always be able to understand the terms and conditions that apply to your use of the Web Site. Your use of the Web Site following any amendment of these Terms will signify your assent to and acceptance of its revised terms.

If you have additional questions or comments of any kind, or if you see anything on the Web Site that you think is inappropriate, please let us know by email at service @ rentstuff.com or by sending your comments to

RentStuff.com
105 Broadway, Suite 200
Nashville, TN 37201
Attn: Customer Care – RentStuff.com
service@rentstuff.com

Copyright © 2011. RentStuff.com. All Rights Reserved.
EFFECTIVE AS OF: June 15, 2011
LAST UPDATED: June 15, 2011