CUSTOMER – TERMS OF SERVICE
Effective Date: 2/9/2018
These Terms of Service constitute a legally binding agreement between you (“you” or “Customer”) and Eda Group, LLC dba RentMyDress (referred to herein as “RentmyDress”) and governs the terms and conditions of your participation on the RentMyDress.com marketplace platform and related mobile applications (the “Platform”) and the software and services made available through the Platform (collectively the “Services”).
Internet technology, and the applicable laws, rules and regulations change frequently. RentmyDress reserves the right to make changes to these Terms of Service at any time.
1. RentmyDress Platform.
The Platform offers users the ability to rent or buy products from Owners participating on the Platform. RentMyDress is not a party to any transaction arranged on or completed through the Platform between any third party Owner and Customer.
2. Definitions. The following definitions apply to these Terms of Service:
· Customer: A user of the Platform that has established an account to purchase Products offered on the Platform.
· Owner: An account holder that offers Products for rent or sale to Customers on the Platform.
· Content: The term “Content” shall mean any and all text, data, code, software, graphics, information, images, audio, visual or audiovisual combinations or other materials submitted, uploaded, communicated or exchanged through the Platform to facilitate the provision of Services.
· Profile: The visual display on the Platform of the Content uploaded by Owner.
· Reviews & Ratings: Any ratings or reviews, articles, written expressions, in any form or media, submitted by a Customer to the Platform.
· Products: All apparel and related accessories offered for purchase or rent by a Owner through the Platform.
3. General Rules About Creating Accounts
Eligibility: To be eligible to create an account, you must be at least 18 years of age and/or able to form legally binding contracts under applicable law.
Account Creation: To establish an account through the online registration process, you must provide a valid email address and password and accept these Terms of Service.
Account Security: You are responsible for safeguarding your password and agree not to disclose your password to any third party. You are solely responsible and liable for any activities or actions taken under your password, whether or not you have authorized such activities or actions. RentmyDress shall not be liable for any loss or damage arising from your failure to keep your password or account secure.
Reviews & Ratings: Customers may submit Reviews and Ratings based on their own purchases and experiences and are solely responsible for any Reviews and Ratings submitted to the Platform. RentmyDress shall not be liable for any loss or damage arising from any Reviews and Ratings submitted by Customer.
4. Product & Order Information
All issues relating to rentals or purchases must be addressed directly between the Customer and the applicable Owner. RentmyDress shall have no responsibility or liability for any losses or damages relating to the rental or purchase of any Product from any third party on the Platform. However, the Platform does provide Customers the ability to communicate through the Platform directly with Owners to address any issues that arise or to initiate any refund requests.
Product Availability: Quantities of Products may be limited and stock cannot always be guaranteed. Owners are solely responsible for ensuring available inventory for Products offered on the Platform.
Pricing: Products offered on the Platform are quoted in U.S. dollars. Prices are subject to change without notice. Any discrepancies in pricing may be addressed on the Platform directly with the Owner.
Shipping & Sales Tax: All applicable shipping, handling and sales tax charges are calculated at checkout. Shipping and handling fees might be expressed as a flat fee or free shipping as well.
Payment Authorization: When you place an order for rental or purchase, you expressly authorize us to process all charges through the designated credit/debit card or other offered payment processing method available on the Platform.
Return Policy: Customer’s ability to cancel, return or receive a refund on any order shall be subject to the terms and conditions set forth in the Owner’s Return and Refund Policy posted on the Platform. Owner is solely responsible to refund any monies due to Customer. RentmyDress shall not be liable for any monies due to Customer from any third party Owner for any refunds or cancellations processed through the Platform.
5. Security Deposit
Security Deposits may be required on a per-Product basis up to 100% of the posted retail value of each Product rented through the Platform. You authorize RentmyDress and Owner to charge your applicable credit/debit or applicable payment processing method the applicable deposit immediately upon your rental order. Deposits shall be fully refunded if Products are returned in the same order and condition in which they were received, in accordance with Section 8 of these Terms of Service. If Products are returned in a damaged condition, RentmyDress or Owner may deduct up to the full amount of the deposit to cover the damage and applicable RentmyDress service fees.
6. Customer Support
RentmyDress is available by email at firstname.lastname@example.org to address any issues you may have regarding your use of the Services. Most concerns can be quickly resolved in this manner.
Owners are solely responsible for ensuring that all orders processed through the Platform are delivered in accordance with the specifications of each order. For transactions between Customer and any third party Owner, RentmyDress shall not be responsible for the completion of any order or any discrepancy between orders placed and orders received.
8. Rental Returns & Customer Responsibility.
Customer shall return all rented Products on or before the rental return date agreed to by Customer on the Platform. Extension of the rental dates through the Platform are subject to additional charges. Customer is responsible for any and all loss, destruction or damage to Products rented through the Platform, including, but not limited to, loss, theft, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, rips, missing beads, stuck zippers or other minor damage covered by the applicable insurance purchased in connection with the rental of the applicable Product. If a damaged Product is returned to Owner, Customer shall be responsible for the cost of repairing or replacing the Product, as determined in our discretion, up to the posted retail value for the Product.
9. License to Use the Services
In accessing and using RentmyDress’ Services, RentmyDress hereby grants a limited, non-transferable, non-exclusive, revocable license (“License”) to access and use the Platform and Services during the term of this Agreement.
11. Idea Submissions
RentmyDress welcomes all suggestions to improve our Platform and Services, but considers any feedback from its users to be helpful advice, freely given. To ensure against any misunderstandings, we want to emphasize that we do not compensate for any ideas, proposals or suggestions provided by its users to RentmyDress in accordance with the following:
Non-Proprietary: RentmyDress considers any suggestions, ideas, proposals or other material submitted to it by users, whether solicited or unsolicited, (collectively, the “Material”) to be non-confidential and non-proprietary. RentmyDress shall not be liable for the disclosure, use or exploitation of such Material.
Material License: You hereby grant and agree to grant RentmyDress, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and transferable right and license to incorporate, use, publish and exploit the Material for any purpose whatsoever, commercial or otherwise, without compensation or accounting.
12. Notice of Claimed Infringement
If you have a good faith belief that your copyright has been infringed, you can download, complete and submit this Notice of Claimed Infringement to RentmyDress’ Designated Agent as follows:
By mail to RentMyDress’ DMCA Registered Agent: Florynell Villamar
By email: email@example.com
13. Content License.
You retain all rights in any Content that you upload or submit, and are solely responsible for that Content. You grant to RentmyDress a perpetual, worldwide, non-exclusive, royalty-free right and license to use, copy, display, perform, create derivative works from, distribute, transmit and sublicense all Content in any form, in all media now known or hereinafter created, anywhere in the world, including, but not limited to: (i) publish, distribute and publicly display Content, (ii) republish or reuse Content on RentmyDress’ social media and related marketing services and materials, and (iii) excerpt Content for use in RentmyDress’ newsletters, member emails or related blogs, for any purpose whatsoever, commercial or otherwise.
14. Prohibited Conduct
In your use of the Platform, You may not:
· Post false, inaccurate, misleading, defamatory or harassing content;
· Violate any law, statute, ordinance or regulation;
· Infringe upon any patent, copyright, trademark, trade secret, right of publicity or other third party rights;
· Attempt to use another account, impersonate another person or entity, misrepresent your affiliation with a person or entity, or create or use a false identity;
· Post obscene or sexually explicit content;
· Distribute or transmit any code, virus or any other technologies, whether now known or yet to be developed, that may harm the Platform or its users;
· Modify, adapt or hack the Platform or modify another Site so as to falsely imply that it is associated with RentmyDress;
· Distribute or post spam, unsolicited or bulk electronic communications to Platform users;
· Use any robot, spider, scraper or other automated means to access the Platform for any purpose whatsoever.
· Take any action that imposes, or may impose, an unreasonable or disproportionately large load on the App’s infrastructure;
· Interfere or attempt to interfere with the proper working of the App, its services or tools; or
· Bypass the App’s robot exclusion headers or other measures RentmyDress may use to prevent or restrict access to RentmyDress.
15. Term and Termination
RentmyDress may temporarily suspend or terminate your account and the Services at any time, for any reason, in its sole and absolute discretion, including if RentmyDress:
· Suspects a breach of these Terms of Service;
· Is unable to verify or authenticate account information;
· Believes that you are acting inconsistently with the letter or spirit of RentmyDress’ policies, have engaged in improper or fraudulent activity in connection with the Site or that your actions may cause legal liability or financial loss to RentmyDress;
· Is unable to process any payments for purchases made on the platform or on the App; or
· Believes you are infringing the rights of third parties.
. Believes you are promoting unauthorized businesses or content within the platform via: web links, video links, images, text or any other kind of promotion that is not granted by RentmyDress.
Effect of Termination: If your account is suspended or terminated for any reason, you shall remain liable for all charges incurred through the date of termination.
Survival: The following Sections survive termination of these Terms of Service: Content License, Materials License, Individual Arbitration, Disclaimers and Exclusions, Release, Indemnification, and Governing Law.
16. Disclaimers and Exclusions
DISCLAIMER OF WARRANTIES: TO THE EXTENT PERMITTED BY APPLICABLE LAW, RENTMYDRESS, THE PLATFORM, PRODUCTS, SERVICES AND ALL INFORMATION, CONTENT, OR MATERIALS OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RENTMYDRESS DOES NOT REPRESENT OR WARRANT THAT THE APP, ITS SERVICES OR USE (I) WILL BE UNINTERRUPTED, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. EXCEPT WHERE PROHIBITED BY LAW, RENTMYDRESS EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON THE PLATFORM, PRODUCTS, SERVICES, INFORMATION, CONTENT, OR MATERIALS INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APP.
RENTMYDRESS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE PLATFORMAND/OR ANY SERVICES. RENTMYDRESS DOES NOT CONTROL ANY THIRD PARTY LINKS, SERVICES, PRODUCTS, GOODS, RESOURCES AND INFORMATION ON THE APP. TO THE EXTENT PERMITTED BY APPLICABLE LAW, RENTMYDRESS MAKES NO WARRANTIES REGARDING THIRD PARTY SERVICES, GOODS, PRODUCTS, RESOURCES AND INFORMATION INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH THIRD PARTY SERVICES, GOODS, PRODUCTS, RESOURCES OR INFORMATION.
AGGREGATE LIABILITY: IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF RENTMYDRESS, NOR ANY OF ITS EMPLOYEES, REPRESENTATIVES, AGENTS, VOLUNTEERS, ATTORNEYS, MANAGERS, LICENSORS, BUSINESS PARTNERS, SUPPLIERS, OR OWNERS, ARISING FROM, RELATING TO, OR CONNECTED WITH THIS PLATFORM, PRODUCTS, SERVICES INFORMATION, CONTENT, OR MATERIALS EXCEED $50.00.
LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM, PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, RENTMYDRESS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE APP, PRODUCTS, INFORMATION, CONTENT, SERVICES, OR MATERIALS, EVEN IF RENTMYDRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If you have a dispute with any third party arising from, related to, or connected with your use of the Platform, Services, Products, information, content, or materials, you hereby release RentmyDress and its employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners and each of their respective successors and assigns from all claims, demands, causes of action, liabilities, legal fees and costs, and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
18. Individual Arbitration
EXCEPT AS OTHERWISE STATED HEREIN, any claim or controversy with RentmyDress arising out of or relating to the Platform and/or this Agreement (including its formation, interpretation, performance and breach) shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The Federal Arbitration Act, 9 U.S.C. §§ 1-16 shall govern any arbitration conducted pursuant to this Agreement.
ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ON AN INDIVIDUAL BASIS ONLY. THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE OR JOIN A CLASS ACTION OR PRIVATE ATTORNEY GENERAL ACTION, OR TO CONSOLIDATE THEIR ARBITRATION WITH OTHER ARBITRATIONS. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JUDGE OR JURY. IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL BE SEVERED AND THE REMAINING PROVISIONS SHALL REMAIN ENFORCEABLE.
The AAA’s rules, as well as forms for initiating arbitration proceedings, are available at www.adr.org. When initiating a request to arbitrate with the AAA, you must also send a copy of the completed form to: Eda Group LLC., 9887 Baywinds Dr unit # 4107 Royal Palm Beach Fl. 33411.
Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in small claims courts for disputes or claims within the scope of that court’s jurisdiction.
19. RentmyDress’ Intellectual Property
Copyright: The Platform and its logos, design, text, graphics, and other files, and the selection arrangement and organization thereof, are owned by RentmyDress. You may not use such materials without permission. © 2018 Eda Group, LLC. ALL RIGHTS RESERVED
Trademarks: The Platform and its logos, page headers, custom graphics, button icons and scripts are trademarks or trade dress of RentmyDress.
Ownership and Use: Nothing in this Agreement gives you a right or license to use any of our copyrights, trade names, trademarks, service marks, logos, domain names, or any other intellectual property rights.
20. Content Removal
Without limitation of any other remedies, RentmyDress may remove Content, and/or take any technical or legal steps necessary if we:
· Suspect a breach of this Agreement;
· Believe Content is infringing the rights of third parties;
· Believe Content is defamatory, inaccurate, false, or otherwise improperly submitted; or
· Determine, in our sole and absolute discretion, that Content is objectionable to the App’s users.
To the maximum extent permitted by law, Customer agrees to indemnify, defend and hold harmless Eda Group, LLC and its subsidiaries, affiliates, officers, directors, shareholders, employees, representatives, agents, volunteers, attorneys, affiliates, managers, licensors, business partners and each of their respective successors and assigns (the “Indemnified Parties”) from and against all damages, losses, liabilities, claims, expenses, fees or costs (including, without limitation, attorneys’ fees and costs) incurred in connection with any claim, demand or action brought or asserted against any of the Indemnified Parties arising out of or relating to (i) your interaction with other Platform users, (ii) the breach of the terms and conditions of this Agreement, (iii) the purchase and/or use of any Product sold through the Platform.
RentmyDress will control the defense of any claims to which this indemnification provision will apply and you shall not settle any claim, demand or action without prior written approval by RentmyDress.
22. Independent Contractor
You acknowledge and agree that you are acting as an Independent Contractor and not as an employee, agent, partner or joint venture with, RentmyDress. Neither the submission to, nor acceptance by, RentmyDress of any Content shall be construed or interpreted as creating or establishing the relationship of employee and employer between you and RentmyDress.
The validity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement.
This Agreement may not be modified, changed or discharged in whole or in part, except by an agreement in writing signed by the parties.
Customer may not assign this Agreement. RentmyDress shall have the right to assign its rights and obligations under this Agreement to a party that assumes the parties’ obligations hereunder. RentmyDress’ rights and obligations under this Agreement will bind and inure to the benefit of their respective successors and assigns.
26. Choice of Law
This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida, without regard to or application of Florida’s conflict of law principles. The parties consent to the jurisdiction of the State of Florida with regard to any controversy or claim arising out of or relating to this Agreement, or the breach thereof.
27. No Waiver
No failure or delay by a party exercising any right, power or privilege under this Agreement will operate as a waiver thereof.
Headings are for reference purposes only and do not limit the scope or extent of such section.
All notices required or permitted to be given under this Agreement will be in writing and delivered to: Eda Group LLC. 9887 Baywinds Dr. unit # 4107, Royal Palm Beach Fl. 33411 or by email at firstname.lastname@example.org. All notices will be sent to you by email or will be conspicuously posted on the App.
30. Entire Agreement
This Agreement comprises the entire agreement between the parties and supersedes all prior or contemporaneous agreements, written or oral, between the parties regarding the subject matter contained herein.