Term of Use

Term of Use

When combined with our Privacy Policy, these two Policies and Terms (as updated from time to time) constitute our operating, privacy and business policies and procedures. By using our RentingStreet platform, you are agreeing with each of our terms and policies contained within both documents. If you disagree with any of these terms, please do not use our platform.  

Thank you for your use of the RentingStreet, Inc. (“RentingStreet” or “Company”) website. We are hopeful that you enjoy your experience on our new web platform for buying, selling and renting goods and services (“Service”). We hope you find it useful. Be agreeing to these terms of use (“Terms of Use”), you are agreeing to the following which is current up to September 16, 2017.

PLEASE READ THESE TERMS OF USE WITH CARE. THESE TERMS OF USE INCLUDE A MANDATORY ARBITRATION CLAUSE, AS WELL AS A WAIVER OF ANY CLASS ACTION LITIGATION WHICH ALL AFFECT YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH RENTALSTREET, INC. BY ACCESSING OR USING OUR WEBSITE, APPLICATIONS OR OTHER PRODUCTS OR SERVICES (TOGETHER, THE “SERVICES”), YOU AGREE TO BE BOUND BY ALL TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE (“TERMS”). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE RENTINGSTREET SERVICE IN WHOLE OR IN PART.  

YOU ACKNOWLEDGE AND AGREE THAT THERE ARE MANY RISKS ASSOCIATED WITH UTILIZING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON OR ONLINE. 

These Terms apply to your access to and use of the RentingStreet Services provided by RentingStreet, Inc. (“RentingStreet” “we” or “us”). Additional terms (including, but not limited to, the terms of third-party payment processors) may apply to particular functionalities and features related to the RentingStreet Service. 

GRANT OF LICENSE:

ONLY USERS WHO ARE EIGHTEEN (18) YEARS OF AGE OR OLDER MAY REGISTER FOR OR USE THE RENTINGSTREET SERVICE. If you qualify by age, we hereby grant you and no sub-licensee whatsoever, a limited, revocable, nonexclusive, non-assignable, license to access the RentingStreet website and app (collectively “website”) but only with and subject to your full compliance with our terms of use.

The RentingStreet Service is not targeted towards, nor intended for use by, anyone under the age of eighteen (18). In order to qualify to register on the RentingStreet platform, you hereby represent and warrant that you have not been suspended or removed from the RentingStreet Service. Additionally, you warrant and represent that you are legally permitted to and do live in the United States or one of its territories. Or in the alternative, in the event that you reside in a country other than the United States, you agree to the United States as the choice of law, and the courts in Denver, Colorado USA as the proper jurisdiction for any actions whatsoever that require a court for the determination of any issue. You further warrant and represent that you are eligible to accept these Terms of Use without committing a violation of any other agreement to which you are a party. If you are registering as a legal entity with RentingStreet, you warrant and represent that the entity is duly organized, validly existing and in good standing in the state of its organization, and that you are have the full authority to enter into agreements on behalf of the entity.

By agreeing to these Terms of Use, you specifically agree not to engage in the following: licensing, distributing, making derivative works, displaying, selling or otherwise framing content from RentingStreet but for the content which you individually create and share with your family and friends.

Be agreeing to these Terms of Use, you specifically grant RentingStreet a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from the content you post.

NON-PERMITTED USE. You agree not to use or provide software or services that interact with RentingStreet for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email. You specifically agree not to collect users' personal and/or contact information for any reason whatsoever. 

TERMINATION OF LICENSE. You agree that we may terminate your RentingStreet license in our sole discretion for a violation of any of our Terms of Use, non-permitted uses, or by engaging in activities that are illegal, immoral or unethical. You further agree not to hide or otherwise obfuscate your activities on our site that may indicate an engagement in any of these activities. Nothing we say or do waives our right to review or terminate your license at any time for any of the reasons above. 

SALES. You authorize us to charge your credit card account for RentingStreet advertising and/or other agreed upon fees when due. Unless noted, fees are payable in US dollars; tax is additional if applicable. To the extent permitted by law, fees are nonrefundable, even for advertising that we remove.  

CLAIMS. You agree (1) any claim, cause of action or dispute ("Claim") arising out of or related to these terms of use, or your RentingStreet, Inc. use is governed by Colorado law regardless of your location or any conflict or choice of law principle; (2) Claims must be resolved exclusively by state or federal court in Denver, Colorado (except we may seek injunctive remedy anywhere); (3) to submit to personal jurisdiction of said courts; (4) any Claim must be filed by 1 year after it arose or be forever barred; (5) not to bring or take part in a class action against RentingStreet, Inc. entities; (6) (except government agencies) to indemnify RentingStreet, Inc entities for any damage, loss, and expense (e.g. legal fees and costs) arising from claims related to your RentingStreet, Inc. use; (7) you are liable for breaches of these Terms of Use by affiliates (e.g. marketers) paid by you, directly or indirectly (e.g. through an affiliate network); and (8) to pay us for breaching or inducing others to breach these Terms of Use, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.10 per server request, $1 per post, email, flag, or account created, $1 per item of personal information collected, and $1000 per software distribution, capped at $25,000 per day. 

6. MISC. Users complying with prior written licenses may access Rental Street, Inc. until authorization is terminated. Otherwise, this is the exclusive and entire agreement between us. If a Terms of Use term is unenforceable, other terms are unaffected.

TERMS AND CONDITIONS  

1.Legality of any of the items advertised; we do not guarantee the ability of buyers or renters to pay for items; we do not guarantee that a buyer or a seller will actually complete a transaction or return an item;

RENTINGSTREET IS MERELY A PLATFORM/LISTING SERVICE PROVIDING A LOCATION WHERE SELLERS, BUYERS, AND RENTERS MAY POST AND FIND ITEMS FOR WHICH THEY ARE LOOKING. ALL TRANSACTIONS ARE STRICTLY BETWEEN THE LISTING PARTIES AND THE SEARCHING PARTIES AND RENTINGSTREET TAKES NO RESPONSIBILITY FOR ANY TRANSACTIONAL OUTCOMES WHATSOEVER, QUALITY, QUANTIY OR FUNCTIONAL WORKINGS OF, NOR TITLE TO ANY ITEMS THAT ARE LISTED ON OUR SITE.  

2. While you are using the Services of RentingStreet, you will not: 

a. post, list or upload content or items in inappropriate categories or areas on our sites;

b. breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status; 

c. use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;

d. manipulate the price of any item or interfere with any other user's listings;

e. post false, inaccurate, misleading, deceptive, defamatory, or libelous content;

f. take any action that may undermine the feedback or ratings systems (see about our Feedback policies);

g. transfer your RentingStreet account (including Feedback) and user ID to another party without our consent;

h. distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;

i. distribute viruses or any other technologies that may harm RentingStreet or the interests or property of users;

j. use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose;

k. interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;

l. export or re-export any RentingStreet application or tool;

m. infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to RentingStreet. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to RentingStreet or someone else;

n. infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belongs to you;

o. commercialize any RentingStreet application or any information or software associated with such application;

p. harvest or otherwise collect information about users without the express prior written consent of RentingStreet and the individual; or q. circumvent any technical measures we use to provide the Services. 

3. Using RentingStreet 

If we believe you are abusing RentingStreet Terms of Use in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. 

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion.

4. Policy Enforcement 

If/when a buyer, renting or seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers

5. Fees 

There are no fees in order to list goods or services for purchase, sale or rent on our website. If this policy should change, advance notice will be available by following the link to listing fees, advertising policies and pricing on the home page of our website. 

The fees we charge for advertising on our RentingStreet website, will be set by the Company from time to time. Any changes in price and/or policies can be accessed by any party by reviewing this information contained and seen by following the information that is referenced on the home page to listing fees, advertising policies and pricing. All fees are denominated in US Dollars and are exclusive of taxes and other charges, if any. 

To cancel your advertising prior to its completion, you may contact us through our help center email below, or via our mobile app, and follow the instructions in the resultant email that you will receive in order to complete your cancellation. Regardless of whether the advertising has run its full term or not, the advertising fees will not be refundable in any event nor for any reason.

RENTINGSTREET RESERVES THE RIGHT TO MODIFY THE FEES FOR ANY PAID SERVICES, INCLUDING ANY SUBSCRIPTION SERVICES, FROM TIME TO TIME IN ITS SOLE DISCRETION.

6. Payment Method.

You may only pay fees using valid payment methods acceptable to us, as specified via the RentingStreet Service. You represent and warrant that you are authorized to use the payment method you designate via the RentingStreet Service. You authorize us to charge your designated payment method for the total amount of your purchase, including any applicable taxes and other charges. If the payment method cannot be verified, is invalid or is otherwise not acceptable to us, your order may be suspended or cancelled.  

7. Errors.

In the event of an error in connection with the pricing or charging of any advertising which may be purchased, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the purchase and refund any amount charged. Your sole remedy in the event of a billing error is to obtain a refund for the excess amount charged. To be eligible for such refund, you must provide notice of any such error within 120 days of the date of the billing statement in which such error first appeared.  

8. Listing Conditions

When listing an item, you agree to comply with these RentingStreet's rules for listing and Selling and renting practices policy as follows: 

You are responsible for the accuracy and content of the listing and item offered.

• Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). RentingStreet can't guarantee the exact timing for the searchability of any listing.

• Content that violates any of RentingStreet's policies may be deleted in RentingStreet's discretion.

• We may revise data in the RentingStreet product catalog to supplement, remove, or correct information; if your listing uses catalog data that has been revised, those revisions may modify your listing accordingly.

• We strive to create a marketplace where buyers, sellers and renters find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:

1. buyer's location, search query, browsing site, and history;

2. item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;

3. seller's history, including listing practices, detailed seller ratings, RentingStreet policy compliance, feedback, and defect rate; and o number of listings matching the buyer's query.

• To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.

• Some advanced listing upgrades will only be visible on certain Services.

Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results.

• You agree to: (a) provide true, accurate, current and complete registration information; (b) to maintain and update your registration information in order to keep it true, accurate, current and complete; (c) to maintain the security of your account including by maintaining the security and confidentiality of your login credentials; and (d) to consent to allow RentingStreet to contact you for the purpose of confirming any of your registration information or to conduct research and to resolve disputes, as RentingStreet may elect to do.

• It is your full and complete responsibility to determine what, if any, taxes apply to each transaction you complete via the RentingStreet Service, including, for example, sales, use, value added, and similar taxes. It is also your responsibility to withhold, collect, report and remit the correct taxes to the appropriate tax authorities. RentingStreet is not responsible for withholding, collecting, reporting, or remitting any sales, use, value added, or similar tax arising from any transaction you complete via the RentingStreet Service. 

9. Purchase Conditions  

When buying an item, you agree to these rules for buyers as follows: 

a. You are responsible for reading the full items listing before making a commitment to buy. 

b. If there is any information that you do not understand or about which you have a question, do not contact RentingStreet as it is merely a platform and has no part in the description process of goods or services listed on our site. Contact the listor directly for clarification of confusing information. 

c. RentingStreet is not involved in any way in the transference of title, the authentication of goods or services, the condition or content of any goods or services offered, nor any other aspect of the actual items that are posted on our platform at any time.

10. Content  

When providing content through the RentingStreet platform, you grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all intellectual property rights which you have in that content in connection with our provision, expansion, and promotion of our platform in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce against RentingStreet, Inc, our assignees, our sub-licensees, and their assignees your intellectual property ights in that content in connection with those assignees, and those sub-licensees use of that content. 

You represent and warrant that, for all such content which you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this Agreement, does not and will not infringe any intellectual property rights of any third party. RentingStreet takes no responsibility and assumes no liability for any content provided by you or any third party. 

While we try to offer reliable data, we cannot promise that the content provided on our RentingStreet platform will be available, accurate, complete, and up-to-date. As a user of RentingStreet’s platform, you agree that RentingStreet is not responsible for, and expressly does not examine or warrant the listings or content provided by third parties, and that you will not attempt to hold us liable for any inaccuracies. As a seller or a renter, it is your responsibility to review the content of your listings for accuracy and that you will not attempt to hold us responsible for inaccuracies.

You are fully and completely responsible for the content that you post in conjunction with the use of our platform. You agree not to remove any copyright, proprietary, or identification markings included within the products or services and not to create any derivative works based on any content displayed on the RentingStreet site (other than by including them in your listings).

The name "RentingStreet" and other RentingStreet marks, logos, designs, and phrases that we use in connection with our Services and platform are trademarks, service marks, or trade dress of RentingStreet in the U.S. and other countries. They may not be used without the express written prior permission of RentingStreet.

Intellectual property rights as used in these Terms of Use are defined to mean the statutory rights available to the lawful owners of copyrights, trademarks, trade secrets and patents. The ownership of such intellectual property may arise by means of registration, common law, purchase, license, and/or priority of use.

11. Authorization to Contact You; Recording Calls; Analyzing Message Content

RentingStreet may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce these Terms of Use, our policies, applicable law, or any other agreement we may have with you.

RentingStreet may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with RentingStreet or its agents for quality control and training purposes, or for its own protection.

RentingStreet’s automated systems scan and analyze the contents of every message sent through its messaging platform, including messages between users, to detect and prevent fraudulent activity or violations of RentingStreet’s Terms of Use, including the incorporated terms, notices, rules, and policies. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. RentingStreet may store message contents, including to conduct this scanning and analysis.

12. Privacy of Others; Marketing  

If RentingStreet provides you with information about another user, you agree you will use the information only for the purposes for which it is provided. You may not disclose, sell, rent, or distribute a user's information to any third party for purposes unrelated to the services provided by the platform and/or RentingStreet. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so. 

13. Additional Terms

1.Returns and Cancellations  

Sellers and renters can create rules to automate replacements, returns, and refunds in their own discretion.

2.Discontinuance of the RentingStreet Service

RentingStreet may, in its sole discretion and without liability to you, modify, discontinue, terminate, suspend or shut-down (temporarily or permanently) all or any portion of the RentingStreet Service at any time, without prior notice. 

Upon any such action by RentingStreet, you must immediately stop using the RentingStreet Service. You may also cancel your account at any time, as described below. 

14. Disclaimer of Warranties; Limitation of Liability 

We try to keep our Services and platform safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our platform. Some of the functionalities that are built into our applications may not occur in real time. Such functionality is subject to delays beyond RentingStreet's control. 

You agree that you are making use of our Services on our platform at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and noninfringement. 

In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents, independent contractors and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from: 

• the content you provide (directly or indirectly) using the Services and/or platform;

• your use of or your inability to use our Services and/or platform;

• delays or disruptions in our Services;

• viruses or other malicious software obtained by accessing or linking to our Services and/or platform;

• glitches, bugs, errors, or inaccuracies of any kind in our Services and/or platform;

• damage to your hardware device from the use of any RentingStreet Service and/or platform;

• the content, actions, or inactions of third parties, including items listed using our Services and/or platform or the destruction of allegedly fake items;

• a suspension or other action taken with respect to your account or breach of the RentingStreet policies, requirements, Terms of Use and/or other rules or directives herein;

• the duration or manner in which your listings appear in search results as set out in the listing conditions section above; or

• your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.  

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. 

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the lesser of the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100.

15. Release  

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, independent contractors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. 

16. Indemnity  

You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, independent contractors, directors, employees, agents) harmless from and against any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of this Agreement, your improper use of RentingStreet's Services and/or platform or your breach of any law or the rights of a third party. You will be required to perform this indemnification as follows: when funds are requested of you, hereunder, whether then due or accrued, or merely as an advanced deposit against future fees, you will be notified of the amount and reason and you will have twenty-four (24) hours from your receipt of this notice in which to deliver good funds in this amount(s). Any delay will subject you to all of the penalties and legal sanctions that are available as the result thereof. 

17. Legal Disputes 

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND RENTINGSTREET HAVE AGAINST EACH OTHER ARE RESOLVED. 

You and RentingStreet agree that any claim or dispute at law or equity that has arisen, or may arise, between you and RentingStreet (including any claim or dispute between you and a third-party agent of RentingStreet) that relates in any way to or arises out of this version of the RentingStreet Terms of Use Agreement, your use of or access to the Services and/or platform, or the actions of RentingStreet or its agents, will be resolved in accordance with the provisions set forth in this legal disputes section. 

a. Applicable Law 

You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Colorado, without regard to principles of conflict of laws, will govern the Terms of Use Agreement and any claim or dispute that has arisen or may arise between you and RentingStreet, except as otherwise stated in thid Terms of Use Agreement. You also agree that any and all actions will be deemed to be proper if held or heard in the proper venue in Denver, Colorado, USA. 

b. Agreement to Arbitrate 

You and RentingStreet each agree that any and all disputes or claims that have arisen, or may arise, between you and RentingStreet (including any disputes or claims between you and a third-party agent of RentingStreet) that relate in any way to or arise out of this Terms of Use Agreement, your use of or access to RentingStreet's Services, the actions of RentingStreet or its agents, or any products or services sold, offered, or purchased through RentingStreet's Services and/or platform shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court in Denver, Colorado USA, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.

c. Prohibition of Class and Representative Actions and Non-Individualized Relief 

YOU AND RENTINGSTREET AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND RENTINGSTREET AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. 

If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and RentingStreet's right to appeal the court's decision. All other claims will be arbitrated. 

d. Costs of Arbitration

All fees including filing, administration, and arbitrator fees associated with the arbitration will be split 50% paid by you and 50% paid by RentingStreet, Inc. If (a) you willfully fail to comply with the requirement to pay ½ of all fees in advance to the arbitrator, or (b) in the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse RentingStreet, Inc. for all fees associated with the arbitration (including but not limited to reasonable attorney’s fees, costs and expenses) paid or accrued by RentingStreet, Inc. Nothing herein shall require RentingStreet to pay or to become obligated for any payment(s) for which you are obligated hereunder.

18. Severability 

With the exception of any of the provisions in Paragraph 16(a) of this agreement to arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply. 

19. Judicial Forum for Legal Disputes 

Both you and RentingStreet, Inc. agree to submit to the personal jurisdiction of the courts located within Denver County, Colorado USA for the purpose of litigating all such claims or disputes.

20 General   

Except as otherwise provided in this Agreement, if any provision of this Terms of Use Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. 

Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Terms of Use Agreement.

We may amend this Terms of Use Agreement at any time by posting the amended terms on www.RentingStreet.com. Our right to amend the Terms of Use Agreement includes the right to modify, add to, or remove terms in the Terms of Use Agreement. We will provide you 30 days' notice (if practical in the opinion of RentingStreet) by posting a link to the amended terms in our “Terms of Use” provision to be found at the bottom of the home page of this website.

Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of these Terms of Use Agreement through an electronic click-through. This Terms of Use Agreement may not otherwise be amended except through mutual agreement by you and an authorized RentingStreet, Inc. representative in writing, who intends to amend this Terms of Use Agreement and is duly authorized to agree to such an amendment.

The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the RentingStreet site.

If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this Terms of Use Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Terms of Use Agreement.

Our Terms of Use, our Privacy Policy, and all polices posted through our Services set forth the entire understanding and agreement between you and RentingStreet, and supersede all prior understandings and agreements of the parties.

The following Sections survive any termination of this Terms of Use Agreement: Fees, Content, Clams, Disclaimer of Warranties; Listing Conditions; Purchase Conditions; Privacy of others; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.