Privacy Policy

PRIVACY POLICY OF RENTINGSTREET, INC.™

When combined with our Terms of Use, 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.  

Current as of October 30, 2017  

Our policy explains how we use your data as you access and/or use our website and our services. If you should interact with us, we will also gather personal information about you which is governed by this Privacy Policy as well. We may make changes to our policy from time to time. Therefore, you should review this policy from time to time and to see the latest updated version to our Privacy Policy. If we update our Privacy Policy, we will change the date of the most current version to reflect its revision. Should we make any changes to our Privacy Policy that are material, we will make all reasonable attempts to notify you of these changes and if they require your consent or approval to continue to utilize our website, we will request the same from you.

The use of the word “website” in this Privacy Policy specifically includes any and all other digital platforms such as via applications for cell phones, tablets, laptops and desktop computers.  

WE DO NOT ALLOW THE USE OF OUR WEBSITE OR ANY OF ITS FUNCTIONALITY FOR THOSE UNDER THE AGE OF 18 YEARS OLD. 

 

1. HOW DO WE PROTECT YOUR PRIVACY?

  • We take all reasonable precautions to prevent unauthorized access to or misuse of data about you;
  • We do not run ads, other than the classifieds which we authorize
  • We do not share your personal information with any third parties for marketing purposes;
  • We do not engage in any third-party cross-marketing or link-referral programs;
  • We do not employ any tracking devices for marketing purposes after your site visit;
  • RentingStreet, Inc. does not send you unsolicited marketing proposals;
  • RentingStreet, Inc. does not engage in any affiliate marketing efforts; we also prohibit its use by any of our users while on our site;
  • Technical and procedural safeguards, including firewalls, encryption, and secure socket layers (SSL) may be used (or any of them) to protect your personal information against loss or theft, as well as from unauthorized access and disclosure. We employ many different security techniques to safeguard such data from unauthorized access by users inside and outside the company.

2. IS THERE ANY OF MY PERSONAL DATA THAT RENTINGSTREET, INC. MAY USE TO EITHER IMPROVE OR PROVIDE ITS SERVICES AS WELL AS TO PREVENT AND/OR REDUCE THE POTENTIAL FOR FRAUD AND OTHER FORMS OF DIGITAL ABUSE ON ITS WEBSITE:

  • Any and all information that you post or send to us either directly or indirectly via third party communication, to RentingStreet, Inc. website;
  • Any and all of your credit card information that is or may be transmitted to payment processors via a security protocol (e.g. SSL);
  • Any and all data that you voluntarily submit or provide to RentingStreet, Inc. for any reason whatsoever (e.g. name, address, email, phone, fax, photos, tax ID).
  •  Any and all information that we may possess as you access our site and the individual pages, their content, the dates and times of your access, the time of your engagement, your IP address, your HTTP headers and so on);
  • Any and all information and data that we collect as the result of cookies in the form of search data and your list of “favorites;”
  • Any and all information and data that we learn about your device(s) (e.g. screen size, DOM local storage, plugins).
  • Any and all information and data from 3rd parties (e.g. phone type, geo-location via IP address).  

3. WHAT DATA DOES RENTING STREET, INC. STORE IF ANY?

  • RentingStreet, Inc. will retain data as needed for our business purposes in our discretion, and/or as required by law.
  • RentingStreet, Inc. will make good faith efforts to store our data securely, but can make no guarantees as to its absolute safety against computer events beyond our control (e.g. thirdparty hacking of our site or other servers upon which such information is located);
  • RentingStreet, Inc. will always allow you to access your own data and to update any of it as you deem appropriate by accessing your account on our website;  

4. UNDER WHAT CIRCUMSTANCES MAY WE DISCLOSE USER DATA?

  • RentingStreet, Inc. may disclose user data to vendors and service providers (e.g. payment processors) working on our behalf;
  • RentingStreet, Inc. may disclose user data in order to protect our rights, property, or safety, or that of users of RentingStreet, Inc. or the general public, as determined in our complete discretion;
  • RentingStreet, Inc. will always allow the disclosure of your information or parts thereof, with your express and written consent (e.g. if you authorize us to share data with other users).
  • RentingStreet, Inc. will allow the disclosure of your information in connection with a merger, bankruptcy, or sale/transfer of assets but only in circumstances where the disclosor of said information enters into a written agreement to keep such information fully and completely confidential and non-disclosed to any other party;
  • RentingStreet, Inc. will allow the disclosure of information in aggregate or summary form, where it cannot reasonably be used to identify you specifically.  

5. LIMITATIONS ON MEMBER-TO-MEMBER CONTACT

  • We may share your personal information with other RentingStreet members but only to facilitate transactions and to allow members to contact you when you’ve completed a transaction together.
  • Email addresses are only disclosed to members involved in a completed RentingStreet transaction. As we make a “contact member” feature available on our website, if ever, members will be allowed to contact one another through this feature but only to facilitate a transaction. We will investigate all reports of the misuse of this feature.

6. LIMITATIONS ON DISCLOSURE TO THIRD PARTIES

  • Third parties are not permitted to sell the information we provide to them, to market directly to you, or to disclose it in any other way without your explicit consent.
  • We'll share your personal information with Internet service providers (ISPs) involving our operations only to facilitate or outsource an RentingStreet service or operation when absolutely necessary and under confidential restrictions.
  • We disclose limited personal contact information to verified requests by law enforcement and government officials who conduct criminal investigations. We require a subpoena for additional personal information, in accordance with our User Privacy Notice.

7. SAFEGUARDING USERNAMES

We safeguard your username by limiting how your information is displayed to members. When you buy, sell or rent an item, other members can't view your username on the items listing page. Your username is shown only to you and the seller or the buyer or renter of the item you're buying. Sellers, buyers and renters are likewise advised to list anonymously to protect their identities.

8. ACCEPTABLE USE  

When accessing or using the RentingStreet Service, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort. Without limiting the generality of the foregoing, you agree that you will not do, and will not permit any third party to do, any of the following:

• Engage in any unauthorized use of the RentingStreet Service (including, without limitation, political campaigning, advertising, or marketing);

• Transmit or otherwise make available any content that: (1) you do not have the right to provide or transmit using the RentingStreet Service, (2) may expose RentingStreet or its affiliates, licensors, or users to any harm or liability, or (3) is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, unlawful, untrue, or otherwise objectionable;

• Upload to, transmit, distribute, store, create, or otherwise sell or offer for sale anything that violates our prohibited items guidelines.

• Transmit or otherwise make available any content 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;

• Originate, send, deliver, relay or otherwise transmit unsolicited commercial email or other messages through the RentingStreet Service;

• Copy any portion of the RentingStreet Service or any underlying content or source code;

• Reverse engineer, disassemble or decompile any portion of the RentingStreet Service or otherwise attempt to discover or re-create the source code to any software;

• Distribute the software or source code behind the RentingStreet Service to any third party;

• Make any modification, adaptation, improvement, enhancement, translation or derivative work of or to any portion of the RentingStreet Service;

• Remove, alter, or obscure any copyright or other proprietary notices of RentingStreet or its affiliates or licensors in any portion of the RentingStreet Service;

• Obscure or disable any advertisements that appear on or through the RentingStreet Service;

• Use any type of automated means, including without limitation any harvesting bot, robot, spider, script, crawler, scraper or other automated means or interface not provided by RentingStreet, to utilize the RentingStreet Service or to collect or extract data;

• Access without authorization any networks, systems, or databases used in providing the RentingStreet Service or any accounts associated with the RentingStreet Service, or to access or use any information therein for any purpose;

• Attempt to probe, test, hack, or otherwise circumvent any security measures;

• Violate any requirements, policies, procedures or regulations of any network connected to the RentingStreet Service;

• Use the RentingStreet Service in any manner that could damage, disable, overburden, or otherwise impair the RentingStreet Service (or the networks connected to the RentingStreet Service);

• Interfere with or disrupt the use and enjoyment by others of the RentingStreet Service, including without limitation attempting, in any manner, to obtain the password, account, or other security information of any other user; • Falsely state, impersonate, or otherwise misrepresent your identity;

• Provide false information during account creation or when using the RentingStreet Payment Solution, or otherwise provide false, inaccurate or misleading information;

• Create more than one account or create an account on behalf of anyone other than yourself without permission;

• Use or attempt to use another user’s account without authorization;

• Attempt to pay for an item using the RentingStreet payment portal which is to be used solely to pay for advertising and other RentingStreet products and/or services;

• Use the RentingStreet Service in any manner to stalk, harass, invade the privacy of, or otherwise cause harm to, any person;

• Use the RentingStreet Service in any manner that exposes RentingStreet to any harm or liability of any nature;

• Use the RentingStreet Service to infringe or violate the intellectual property rights or any other rights of anyone else (including RentingStreet);

• Develop any third-party applications that interact with the RentingStreet Service without RentingStreet’s prior written consent;

• Use the RentingStreet Service to engage in any illegal or unauthorized purpose or to engage in, encourage, or promote activities that are unlawful, misleading, malicious or discriminatory, including, but not limited to violations of the terms contained in this Privacy Policy, illegal gambling, fraud, money-laundering, or terrorist activities;

• Transfer any rights granted to you under these Privacy Policy terms; or

• Encourage or induce any third party to engage in any of the activities prohibited under this section.

If you violate any of the foregoing, RentingStreet reserves the right to suspend or terminate your right to access and use the RentingStreet Service immediately without notice, and you will have infringed RentingStreet’s intellectual property and other rights, which may subject you to prosecution and damages. RentingStreet also reserves the right to take any remedies it deems appropriate under the circumstances if you have purchased or sold items that are in violation of this Section 8. RentingStreet reserves the right at all times to monitor, review, retain and disclose any information regarding your use of the RentingStreet Service as necessary to satisfy any applicable law, regulation, legal process or governmental request. You also acknowledge and agree that RentingStreet is not responsible or liable for the conduct of, or your interactions with, any users of the RentingStreet Service (whether online or offline). Your interactions with other users are solely between you and such users and we are not responsible or liable for any loss, damage, injury or harm which results from these interactions. RentingStreet does not investigate nor verify the backgrounds of any of our members at any time either before or after they elect to use any of the RentingStreet Services. In addition, enforcement of these Privacy Policy terms is solely in our discretion, and the absence of enforcement in some instances does not constitute a waiver of our right to enforce these Privacy Policy terms in other instances. The terms contained within this Privacy Policy do not create any private right of action on the part of any third party or any reasonable expectation or promise that the RentingStreet Service will not contain any content that is prohibited by these policies.

9. USER CONTENT

In the course of using the RentingStreet Service, you may transmit or otherwise make available certain content, including information about yourself, content, messages, materials, data, information, text, photos, graphics, code or other items or materials (“User Content”) through interactive areas or services, such as posting items for sale, making an offer, private messaging, or other areas or services. User Content may be publicly viewable in some instances. RentingStreet reserves the right, but does not have the obligation, to remove, screen or edit any User Content posted, transmitted, or stored on the RentingStreet Service at any time and for any reason without notice. You will not (and will not allow or authorize any third-party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise, publish through the RentingStreet Service any of the following:

• User Content that is, in RentingStreet’s judgment, disrespectful or may expose RentingStreet, users or others to harm or liability;

• User Content that may infringe the patent, trademark, trade secret, copyright, intellectual, privacy or proprietary right of any party;

• Private information of any third parties, including addresses, phone numbers and payment card information;

• Viruses, corrupted data or other harmful, disruptive, or destructive files; or

• User Content that inhibits any other person from using or enjoying the RentingStreet Service.

You are solely responsible for creating backup copies of and replacing your User Content at your sole cost and expense. You acknowledge and agree that RentingStreet is not responsible for any errors or omissions that you make in connection with the RentingStreet Service. By submitting or posting User Content, you hereby grant to RentingStreet a non-exclusive, transferable, royalty-free, perpetual, irrevocable, sublicensable right to use, reproduce, modify, adapt, publish, translate, sell, create derivative works from, distribute, perform, and display the User Content, and your name, company name, location and any other information you submit with the User Content, in connection with the RentingStreet Service. The use of your or any other User’s name, likeness, or identity in connection with the RentingStreet Service does not imply any endorsement thereof unless explicitly stated otherwise. We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy.

10. MODERATION

You agree that RentingStreet may moderate access to and use of the RentingStreet Service in our sole discretion through any means (including, for example, blocking, filtering, deletion, delay, omission, verification, and/or termination of your access). Furthermore, we have the right to remove any posting you make on the RentingStreet Service if, in our opinion, your post does not comply with the content standards set out in Sections 9 and 10 above, and any other RentingStreet Service rules, including without limitation the prohibited items guidelines. You agree not to bypass or attempt to bypass such moderation. You further agree that RentingStreet is not liable for moderating, not moderating or making any representations regarding moderating.

11. THIRD PARTY SERVICES AND CONTENT

In using the RentingStreet Service, you may view content, utilize services, or otherwise interact with content and services provided by third parties, RentingStreet does not control, endorse or adopt any third-party content and you acknowledge and agree that RentingStreet will have no responsibility for any third party content, including without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business or other dealings or correspondence with such third parties are solely between you and the third parties. RentingStreet is not responsible or liable for any damage or loss of any sort caused, or alleged to be caused, by or in connection with any such dealings, including the delivery, quality, functionality, safety, legality or any other aspect of any good or services that you may purchase, rent or sell to or from a third party.

12. FEEDBACK

Any comments or materials sent to us, including, but not limited to, ideas, questions, comments, suggestions, feedback or the like regarding the RentingStreet Service or any other products or services of RentingStreet (collectively, "Feedback"), is non-confidential and will become our sole property. We will have no obligation to you of any kind, monetary or non-monetary, with respect to such Feedback and will be free to reproduce, use, disclose, exhibit, display, transform, create derivative works from and distribute the Feedback to others without limitation or obligation. You waive any rights you may have to the Feedback (including any copyrights or moral rights). Further, you agree not to submit any feedback that is defamatory, illegal, offensive or otherwise violates any right of any third party, or breaches any agreement between you and any third party.

13. COPYRIGHT POLICY

A. Repeat Infringer Policy. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, RentingStreet has adopted a policy of terminating, in appropriate circumstances and at RentingStreet’s discretion, users who are deemed to be repeat infringers. We also may, at RentingStreet’s discretion, limit access to the RentingStreet Service and terminate access of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

B. Copyright Complaints. If you believe that anything on the RentingStreet Service infringes upon any copyright that you own or control, you may file a notification with RentingStreet’s designated agent as set forth below:

Designated Agent:

RentingStreet Copyright Agent

Mr. R. Sandhu, Designated Copyright Agent

1490 Perry St. Denver, Colorado 80204

Email Address of Designated Agent:

RaymondSandhu@rentingstreet.com

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by RentingStreet or the alleged infringer as the result of RentingStreet’s reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

14. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the RentingStreet Service and all content, materials, information, functionality and other materials displayed, performed, contained or available on or through the RentingStreet Service, including, without limitation, the RentingStreet logo, and all designs, text, graphics, pictures, information, data, sound files, images, illustrations, software, other files, and the selection and arrangement thereof (collectively, the “Materials”) are the proprietary property of RentingStreet or its affiliates or licensors, and are protected by U.S. and international copyright laws and other intellectual property rights laws.

Except as otherwise provided, subject to your compliance with all of the terms and conditions of these terms, and in consideration of your promises reflected herein (and with respect to any services requiring payment of fees, your payment of such fees), we grant to you a revocable, personal, non-exclusive, non-assignable and non-transferable license for personal, non-commercial purposes, except where explicitly provided otherwise, to (i) access and use the RentingStreet Service, (ii) cause the Materials to be displayed from a computer and/or mobile device and (iii) use the Materials, solely as permitted under these terms (the “License”). RentingStreet and its affiliates and licensors reserve all rights not expressly granted to you in these terms. You agree that these terms do not grant you any rights in or licenses to the RentingStreet Service or the Materials, except for this express, limited License. You will not otherwise copy, transmit, distribute, sell, resell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Materials or any other part of the RentingStreet Service or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you agree not to frame or display the RentingStreet Service or Materials (or any portion thereof) as part of any other website or any other work of authorship without our prior written permission. The License granted under this Section will automatically terminate if we suspend or terminate your access to the RentingStreet Service.

15. TRADEMARKS

RentingStreet, RentingStreet.com, RentingStreet Services and other RentingStreet graphics, logos, page headers, buttons, icons, scripts, and service names are trademarks, registered trademarks, or trade dress of RentingStreet or its affiliates in the U.S. and/or other countries, and may not be copied, imitated, or used, in whole or in part, without RentingStreet’s prior written consent. You will not use any trademark, product or service name of RentingStreet without our prior written permission, including without limitation any metatags or other “hidden text” utilizing any trademark, product or service name of RentingStreet. All other trademarks and service marks are used for reference purposes only, and remain the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by RentingStreet.

16. SUSPENSION; TERMINATION

RentingStreet may revoke or terminate your License to access or use the RentingStreet Service for any reason without notice at RentingStreet’s sole discretion. Without limiting the generality of the foregoing, we may revoke or terminate the License if you: (i) breach any obligation in this Privacy Policy or in our Terms of Use or in any other agreement between you and us, (ii) violate any policy or guideline applicable to the RentingStreet Service or Materials, or any other RentingStreet product or service, or (iii) use the RentingStreet Service or the Materials other than as specifically authorized in this Privacy Policy or in our Terms of Use, without our prior written permission. You will stop accessing or using the RentingStreet Service immediately if RentingStreet suspends or terminates your License to access or use the RentingStreet Service. RentingStreet reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the RentingStreet Service during suspension or after termination. RentingStreet may recover its reasonable attorneys’ fees and court costs from you for such action. These Privacy Policies and our Terms of Use will remain enforceable against you while your License to access or use the RentingStreet Service is suspended and after it is terminated.

You may also terminate your License to access or use the RentingStreet Service by closing your Account at any time.

17. DISCLAIMER OF WARRANTIES

A. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, THE RENTINGSTREET SERVICE, THE MATERIALS, THE PAID SERVICES, AND ANY ITEMS SOLD BY USERS THROUGH THE RENTINGSTREET SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE RENTINGSTREET SERVICE, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN, AND ANY ITEMS SOLD THROUGH THE RENTINGSTREET SERVICE.

B. WITHOUT LIMITING THE FOREGOING, NEITHER RENTINGSTREET NOR ANY OF ITS AFFILIATES OR LICENSORS, NOR THE RESPECTIVE OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES OF SUCH PARTIES (COLLECTIVELY, THE "RENTINGSTREET PROVIDERS") REPRESENT OR WARRANT (a) THAT THE RENTINGSTREET SERVICE, MATERIALS OR ITEMS SOLD THROUGH THE RENTINGSTREET PLATFORM WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE OR ERROR FREE; (b) THAT THE RENTINGSTREET PRODUCTS OR SERVICES SOLD OR RENTED THROUGH THE RENTINGSTREET SERVICE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, RESPONSIVE OR SECURE AS IT IS NOT THE DUTY OR RESPONSIBILITY OF RENTINGSTREET TO ENSURE ANY ASPECT OF PRODUCTS OR SERVICES OFFERED BY BUYERS, SELLERS OR RENTERS ON ITS PLATFORM; (c) THAT ANY GOODS OR SERVICES OFFERED ON THE RENTINGSTREET PLATFORM ARE FREE OF ANY DEFECTS AND IF DEFECTS ARE FOUND, THAT THE SAME WILL BE CORRECTED BY THE OFFERING PARTY, OR THAT THE RENTINGSTREET SERVICE, MATERIALS OR ITEMS BOUGHT, SOLD OR RENTED THROUGH THE RENTINGSTREET SERVICE WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (IV) THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIALS AVAILABLE ON OR THROUGH THE RENTINGSTREET SERVICE; (V) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; (VI) THAT THE RENTINGSTREET SERVICE, MATERIALS OR ANY OF THE ITEMS BOUGHT, SOLD OR RENTED THROUGH THE RENTINGSTREET SERVICE ARE NON-INFRINGING;

C. YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH THE RENTINGSTREET SERVICE MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, DISASTERS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES OUTSIDE OF OUR REASONABLE CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH THE RENTINGSTREET SERVICE.

Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.

18. ASSUMPTION OF RISK

A. YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH UTILIZING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON. WE DO NOT INVESTIGATE OR VERIFY ANY USER’S REPUTATION, CONDUCT, MORALITY, CRIMINAL BACKGROUND, OR ANY INFORMATION USERS MAY SUBMIT TO THE SERVICES; 4). YOU ARE SOLELY RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS WHEN INTERACTING WITH OTHER USERS, PARTICULARLY WHEN MEETING A STRANGER IN PERSON FOR THE FIRST TIME. IT IS POSSIBLE THAT OTHER USERS MAY ATTEMPT TO PHYSICALLY HARM OR DEFRAUD YOU OR OBTAIN INFORMATION FROM YOU FOR FRAUDULENT PURPOSES. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, SELLING AND BUYING THROUGH RENTINGSTREET’S SERVICES (INCLUDING ALL ONLINE AND OFFLINE INTERACTIONS WITH OTHER USERS). 19. LIMITATION OF LIABILITY A. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RENTINGSTREET OR THE RENTINGSTREET PROVIDERS OR AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (a) USE OF THE RENTINGSTREET SERVICE OR MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY OF THE RENTINGSTREET SERVICE OR MATERIALS, (b) ANY INABILITY TO USE THE RENTINGSTREET SERVICE OR MATERIALS FOR WHATEVER REASON, OR (c) ANY GOODS OR SERVICES DISCUSSED, PURCHASED OR RENTED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE RENTINGSTREET SERVICE, EVEN IF RENTINGSTREET OR THE RENTINGSTREET PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM (1) RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM COMPANY, OR (2) THAT RESULT FROM EVENTS BEYOND RENTINGSTREET’S OR THE RENTINGSTREET PROVIDERS' REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RENTINGSTREET’S RECORDS, PROGRAMS OR SERVICES.

B. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF RENTINGSTREET OR THE RENTINGSTREET PROVIDERS (JOINTLY), ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE THE OFFER UP SERVICE OR OTHERWISE RELATING TO THESE TERMS EXCEED THE GREATER OF (I) ANY COMPENSATION YOU PAY, IF ANY, TO RENTINGSTREET FOR ACCESS TO OR USE OF THE RENTINGSTREET SERVICE OR MATERIALS DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY; OR (II) $100 U.S. DOLLARS.

C. THE LIMITATIONS SET FORTH IN THIS SECTION 19 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR RENTINGSTREET’S GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT OR FRAUD.

20. INDEMNITY

You agree to hold harmless, defend and indemnify RentingStreet and the RentingStreet Providers from all liabilities, losses, damages, deficiencies, claims, causes of action, demands and expenses, (including, but not limited to, reasonable attorneys' fees), that are due to, arise from or otherwise relate to your conduct or your use or misuse of the RentingStreet Service or Materials, including, without limitation, any actual or threatened suit, demand or claim made against RentingStreet or any RentingStreet Provider that arises out of or relates to: (i) any intellectual property rights or other proprietary rights of any third party, (ii) your breach of this Privacy Policy or of our Terms of Use including, but not limited to your breach of any of your representations and warranties; (iii) your use of any of the RentingStreet Service or Materials; or (iv) any content that you store on or transmit through the RentingStreet Service. RentingStreet may assume exclusive control of any defense of any matter subject to indemnification by you, and you agree to cooperate with RentingStreet in such event.

21. MISCELLANEOUS

A. Entire Agreement; Order of Precedence. This Privacy Policy when combined with our Terms of Use (“Policies and Agreements”) contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the RentingStreet Service. These Policies and Agreement do not alter the terms or conditions of any other electronic or written agreement you may have with RentingStreet for the RentingStreet Service or for any other RentingStreet product, feature, service or otherwise. In the event of any conflict between our Policies and Agreements and any other agreement you may have with RentingStreet, the terms of that other agreement will control only if the terms of our Policies and Agreements are specifically identified and declared to be overridden by such other agreement.

B. Amendments. We reserve the right to make changes or modifications to these Policies and Agreements from time to time, in our sole discretion. If we make changes to these Policies and Agreements, we will provide you with notice of such changes, such as by sending you an email and/or by posting the amended Terms via the RentingStreet Service and updating the “Last Updated” date at the top of these Policies and Agreements. All amended terms and/or policies will become effective immediately on the date they are posted to the RentingStreet Service website, unless we state otherwise via our notice of such amended terms and policies. Any amended Policies and Agreements will apply prospectively to use of the RentingStreet Service after such changes become effective. Your continued use of the RentingStreet Service following the effective date of such changes will constitute your acceptance of such changes. If you do not agree to any amended Policies and Agreements, you must discontinue using the RentingStreet Service.

C. Severability. If any provision of these Policies and Agreements are held to be unenforceable for any reason, such provision(s) will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.

D. Waiver. Our failure or delay in exercising any right, power or privilege under these Policies and Agreements will not operate as a waiver thereof.

E. Relationship. RentingStreet is an independent contractor for all purposes, and is not your agent or trustee.

F. Assignment. You may not assign or transfer any of your rights or obligations under these Policies and Agreements without prior written consent from RentingStreet, including by operation of law or in connection with any change of control. RentingStreet may assign or transfer any or all of its rights under these Policies and Agreements, in whole or in part, without obtaining your consent or approval.

G. Headings. Headings of sections are for convenience only and will not be used to limit or construe such sections.

H. Survival. Sections 17 (Disclaimer of Warranties), 19 (Limitation of Liability), 19 (Indemnity), 17(b) in the Terms of Use, 17(a) and (19) in the Terms of Use (Governing Law; Venue), this Section 21 (Miscellaneous), and any other term that, by its nature, should survive, will survive any termination or expiration of these Privacy Policies and/or Terms of Use.

I. Severability. If any term, clause or provision of this Section 21 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 21(d) will remain valid and enforceable. Further, the waivers set forth in Section 21(d) are severable from the other provisions of these Privacy Policies and will remain valid and enforceable, except as prohibited by applicable law.