Rented, Inc. Customer Terms of Service “ART” Automated Pricing Tool
Last Modified: March 11, 2022
PLEASE READ THESE CUSTOMER TERMS OF SERVICE CAREFULLY
Our Customer Terms of Service (these “Terms”) form a binding legal agreement between you (the “Customer” or “you”) and Rented, Inc. (the “Company”) (each, a “Party” and together known as the “Parties) describing the services the Company will provide to you, how the Parties will work together, and other aspects of the business relationship. Please read these Terms carefully before accessing or using the software made available to you online at www.rented.com for assistance with revenue management (the “Service”) operated by the Company.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accepting and executing your Order, you agree to be bound by these Terms. If you disagree with any part of these Terms then you may not access the Service.
The Company periodically updates these Terms. If you have an active subscription with the Company, you will be notified via e-mail or online notification.
Add-ons means additional features to the subscription service.
Affiliate means any entity which directly or indirectly controls, is controlled by, or is under common control with a party to this Agreement. For purposes of this definition, control means direct or indirect ownership or control of more than 50% of the voting interests in the subject entity.
Agreement means these Terms and all materials referred to or linked to in here.
Consulting Services means the professional services provided to you by us, which may include training services, installation, integration or other consulting services.
Company, we, us, or our means Rented, Inc.
Customer, you, or your means the person or entity using the Service or receiving the Consulting Services and identified in the applicable account record, billing statement, online subscription process or Order Form as the customer.
Customer Data means non-public data provided by Customer to Company to enable provision of the Services.
Equipment means modems, hardware, servers, software, operating systems, networking, web servers and the like,
Free Services means the Service or other products and features made available by us to you on an unpaid trial or free basis.
Listings means property listings in Customer’s property management system
Order or Order Form means the Company approved form or online subscription process, including a signed quote or activation of features from within your Company account (if this option is made available by the Company), by which you agree to subscribe to the Service and/or purchase Consulting Services or Add-Ons. Most Orders are completed through our online process. The Order may be referred to as a “ Statement of Work ” or a “Quote”.
Proprietary Information means all confidential information disclosed by a party (“ Disclosing Party ”) to the other party (“ Receiving Party ”), whether orally or in writing. Proprietary Information shall include all information concerning: (i) Disclosing Party’s customers and potential customers; features, functionality and performance of the Service; past present or proposed products; marketing plans; engineering and other designs; technical data; business plans; business opportunities; finances; research; development; and the terms and conditions of this Agreement or the Order Form. Proprietary Information shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.
Subscription Fee means the amount you agree to pay for the Service as outlined in the Order your Company account (if this option is made available by the Company), or the then listed price for the Service on www.rented.com. Consulting Services and Add-ons always require an Order with a listed price.
Service means all of our web-based revenue management applications, tools and platforms that you have subscribed to by an Order that the Company otherwise makes available to you, accessible via https://www.rented.com or another designated URL, and any ancillary products and services that the Company provides to you.
Subscription Term means the initial term of your subscription to the applicable Service, as specified on your Order(s), and each subsequent renewal term (if any). For Free Services, the Subscription Term will be the period during which you have an account to access the Free Services.
USE OF SERVICES
- Access During the Subscription Term, the Company will provide Customer access to use, and to authorize its employees and individual subcontractors to use, the Service as described in this Agreement and the applicable Order. The Company may also provide the Customer access to use Free Services at any time by activating them in the Customer’s Company account. The Company may provide some of the Service through third party service providers. The Customer’s Affiliates may access and use the Service or receive the Consulting Services purchased under this Order; provided that, all such access, use and receipt by the Customer’s Affiliates is subject to and in compliance with the Agreement and the Customer shall at all times remain liable for its Affiliates’ compliance with the Agreement.
- Add-ons Customer may subscribe to Add-ons by placing an additional Order or activating the additional feature from within your Company account (if this option is made available by the Company). This Agreement will apply to all additional Order(s) and all additional features that the Customer activates within the Customer’s Company account.
- Compliance with Local Laws. Customer may not use the Service if they are legally prohibited from receiving or using the Service under the laws of the country, state, county, city, or municipality in which they are a resident or from where they access the Service.
- Prohibited and Unauthorized Use. Any use or attempted use of the Services (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party’s use and enjoyment of the Services, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Company to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by Company, or (vii) any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Services, you agree you will not:
- Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
- Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Company representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
- Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
- Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
- Use the Services’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
- Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;
- Violate any applicable local, state, national or international law;
- Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
- Delete or revise any material posted by any other person or entity;
- Manipulate or otherwise display the Services by using framing, mirroring or similar navigational technology or directly link to any portion of the Services other than the main homepage, rented.com, in accordance with the Limited License and Services Access outlined above;
- Probe, scan, test the vulnerability of or breach the authentication measures of, the Services or any related networks or systems;
- Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Products and Services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so;
- Harvest or otherwise collect information about others, including e-mail addresses; or
- Use any robot, spider, scraper, or other automated or manual means to access this Services, or copy any content or information on the Services.
- Subscription Fees The Subscription Fee is charged on the first calendar day of each month for any Listings that will be active for any part of that month. Listings added during the month will be prorated and charged the day the Listings are added to the Services regardless of if they are noted on the Order. If Customer’s Listings exceed the number of Listings set forth on the Order, Customer shall be billed for such additional listings at the time they are added to the Services. Customer agrees to pay the additional fees in the manner provided herein.
- Subscription Fee Adjustments Upon renewal, the Company may increase Customer’s Subscription Fees up to the then-current prices. If this increase applies, the Company will notify Customer at least thirty (30) days in advance of the then renewal and the increased Subscription Fees will apply at the start of the next renewal term. If Customer does not agree to this increase, either party can choose to terminate Customer’s subscription at the end of Customer’s then current term by giving the notice required in the “Notice of Non-Renewal” section below. If Customer believes the Company has billed Customer incorrectly, Customer must contact Company at email@example.com no later than 60 days after the invoice date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit.
- Payment Electronic debit of a credit card or bank account is required for all Services. Customer authorizes Company to electronically charge Customer’s credit card or bank account for all fees payable during the Subscription Term. Customer further authorizes Company to use a third party to process payments and consents to the disclosure of Customer payment information to a third party. In the event of default or non-payment, Customer agrees to pay any and all reasonable attorney and/or collection fees incurred to collect this debt.
- Payment Information Customer will keep their contact information, billing information and credit card and/or bank account information up to date. Changes may be made by contacting firstname.lastname@example.org . All payment obligations are non-cancelable and all amount paid are non-refundable, except as specifically applied for in this Agreement. All fees are due and payable in advance throughout the Subscription Term.
- Sales Tax All fees are exclusive of taxes, which the Company may charge as applicable and where Company is required to charge and remit such taxes. Customer agrees to pay any taxes applicable to use of the Service and performance of Consulting Services other than taxes on Company’s income or business operations. If Customer is located in the European Union, all fees are exclusive of any VAT and Customer represents that they are registered for VAT purposes in the applicable member state. At Company’s request, Customer will provide Company with the VAT registration number under which Customer is registered in the appliable member state. If Customer does not provide Company with a VAT registration number prior to Customer’s transaction being processed, Company will not issue refunds or credits for any VAT that was charged. If Customer is subject to GST, all fees are exclusive of GST.
- Free Services Any Free Services, including the term of the Free Services, will be listed in Customer’s Order. At the conclusion of the Free Services, you will be automatically enrolled in the Services and charged in accordance with the terms of this Agreement. If you would like to cancel your Services, please notify Company in writing directly to email@example.com at least three business days prior to the end date of the Free Services. Any failure to notify Company under the terms set forth above will result in a charge to your account of the first paid month of services and termination will fall under the Term and Termination section of this Agreement.
TERM AND TERMINATION
- Term and Renewal Customer’s initial subscription period will be specified in the Order, and, unless otherwise specified in your Order, your subscription will automatically renew for the shorter of the original subscription period, or one year.
- Notice of Non-Renewal Unless otherwise specified in the Order, to prevent renewal of your subscription, either the Customer or the Company must give written notice of non-renewal at least three business days before the end of the then term by sending an email to firstname.lastname@example.org.
- Fees are Non-Refundable Company will not provide any refunds of prepaid fees for any items ordered under your Order or unused Subscription Fees, and Customer will promptly pay all unpaid fees due through the end of the Subscription Term, if applicable, in the event of any termination other than for Company’s material breach. See the “Notice of Non-Renewal” section for information on how to cancel your subscription. Fees are not pro-rated for the final month of service and must be paid in full.
- Termination for Inactive Listings To remove a listing from the Services, at least three days before the end of the then current term, Customer must email email@example.com to remove it from the Services and avoid being charged on the next renewal date. Any listings that are synced for any part of a Subscription Term will be charged for that Subscription Term.
- Termination for Cause Either Party may terminate this Agreement for cause, as to any or all Service: (i) upon thirty (30) days’ notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) immediately, if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, cessation of business, liquidation or assignment for the benefit of creditors. Company may also terminate this Agreement for cause on thirty (30) days’ notice if the Company determines you are acting, or have acted, in a way that had or may negatively reflect on or impact us, our prospects, or our customers, including without limitation any violation of the “Prohibited and Unauthorized Use” section of these Terms . This Agreement may not otherwise be terminated prior to the end of the Subscription Term.
- Suspension for Misuse. Company may suspend your access to the Services for any violation of the Prohibited and Unauthorized Use section of these Terms, for so long as necessary to permit cure of the underlying violation.
- Suspension for Non-Payment Company will provide Customer with notice of non-payment of any amount due. Unless the full amount has been paid, Company may suspend Customer’s access to any or all of the Service ten (10) days after such notice. Company will not suspend the Service solely for nonpayment of disputed amounts while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. If a Service is suspended for non-payment, the Company may charge a reactivation fee to reinstate the Service.
- Suspension and Termination of Free Services The Company may suspend, limit or terminate the Free Services for any reason, including without limitation for inactivity, at any time without notice.
- Effect of Termination If your paid subscription is terminated, access to Free Services will also be terminated. You will continue to be subject to this Agreement as long as you have access to a Company account. Upon termination of this Agreement, you will stop all use of the Service. Fees are non-refundable.
- SAAS SERVICES AND SUPPORT
- Subject to the terms of this Agreement, the Company will provide technical support in accordance with the Company’s standard practice.
- Customer shall be responsible for obtaining and maintaining any Equipment and ancillary services needed to connect to, access or otherwise use the Services. Customer shall also be responsible for maintaining the security of the Equipment, Customer account, passwords and files, and for all uses of Customer account or Equipment.
- This is an Agreement for access to and use of the Service, and the Customer is not granted a license to any software by this Agreement. The Service and Consulting Services are protected by intellectual property laws, they belong to and are the property of the Company and our licensors (if any), and the Company retains all ownership rights to them. Customer agrees not to copy, rent, lease, sell, distribute or create derivative works based on the Service or Consulting Services in whole or in part, by any means, expect as expressly authorized in writing by the Company.
- Customer will not, directly or indirectly, (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software provided therewith, (ii) modify, translate or create derivative works based on the Services or any software provided therewith (except to the extent expressly permitted by Company or authorized within the Services), (iii) use the Services or any software provided therewith for timesharing or service bureau purposes or otherwise for the benefit of a third party, or (iv) remove any proprietary notices or labels.
- Company encourages all customers to comment on the Service or Consulting Services, provide suggestions for improving it and vote on suggestions Customers like. Customer agrees that all such comments and suggestions will be non-confidential and that the Company owns all rights to use and incorporate them into the Service or Consulting Services, without payment of attribution to Customer.
- The Receiving Party understands that the Disclosing Party has disclosed or may disclose Proprietary Information. The Receiving Party agrees (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third party any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (3) is required to be disclosed by law.
- Company shall have the right to collect and analyze data and other information relation to the provision, use and performance of various aspects of the Services and related systems and technologies (include, without limitation, information concerning Customer Data and date derived therefrom),. And Company will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Company offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business.
WARRANTY AND DISCLAIMER
- Warranty and Disclaimer Company will use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall implement the Services in a professional manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by the Company or by third party providers, or because of other causes beyond Company’s reasonable control, but Company shall use reasonable efforts to provide advance notice in writing or by email f aby scheduled service disruption. HOWEVER, COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS-IS” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- Indemnification Company shall defend Customeragainst claims or proceedings asserted or initiated by third parties alleging infringement by the Service of any United States patent or any copyright or misappropriation of any trade secret, and indemnify Customer from and against reasonable attorneys’ fees, court costs, and damages awarded in final judgement or court-approved settlement thereof, provided, Company is promptly notified of any and all such claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement; Company will not be responsible for any settlement it does not approve in writing. The foregoing violations do not apply with response to portions or components of the Service (i) not supplied by Company, (ii) made in whole or in part in accordance with Customer specifications (iii) that are modified after delivery by Company, (iv) combined with other products, process or materials where the alleged infringement relates to such combination, (v) where Customer continues allegedly infringing activity after being notified thereof of after being information of modification that would have avoided the alleged infringement, or (vi) where Customer’s use of the Service is not strictly in accordance with this Agreement. If, due to a claim of infringement, the Services are held by a court of competent jurisdiction to be or are believed by Company to be infringing, Company may, as it option and expense (a) replace or modify the Service to be non-infringing provided that such modification or replacement contains substantially similar features and functionality, (b) obtain for Customer a license to continue using the Service, or (c) if neither of the foregoing is commercially practicable, terminate this Agreement an Customer’s rights hereunder and provide Customer a refund of any prepaid fees for the Service, prorated for the remainder of Customer’s Subscription Term.
- Customer Representation Customer represents, covenants, and warrants that Customer will use the Services only in compliance with all applicable laws and regulations. Customer hereby agrees to indemnify and hold harmless the Company against any damages, losses, liability, settlements and expenses (including without limitation costs and attorney’s fees) in connection with any claim or action that arise from an alleged violation of the foregoing or otherwise form the Customer’s use of Services. Although Company has no obligation to monitor Customer’s use of the Services, Company may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
LIMITATION OF LIABILITY
- LIMITATION OF LIABILITY NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, COMPANY AND ITS SUPPLIERS (INCLUDING BUT NOT LIMTITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS, AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR (1) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS, (2) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, (3) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL, OR (4) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Amendment; No Waiver. Company may update and change any part or all of these Terms upon written notice to Customer. If Company updates or change these Terms, the updated Terms will be posted at rented.com and Company will let you know via email or other electronic notification.
The updated Terms will become effective and binding on the next business day after it is posted. When Company changes these Terms, the “Last Modified” date above will be updated to reflect the date of the most recent version.
- Compliance with Law Customer shall be responsible for compliance with all applicable laws and regulations for the Listings in your use of the Service or Consulting Service.
- Digital Notification, Assent, and Signatures shall be equivalent to Written Notification, Assent, and Signatures For purposes of this Agreement and related agreements such as the Order Form, any notification, assent, or signature shall be equally valid and enforceable as its physical or written equivalent. You understand and agree that by providing such notification, assent, or signature you and we are entering into a transaction electronically, and you intend to enter into that transaction electronically.
- Governing Law and Local Law Considerations Company is based in the United States, and any claims relating to the information, services or products made available through the Sites will be governed by the laws of the State of Georgia, U.S.A., excluding the application of its conflicts of law rules. You agree that venue for all actions, relating in any manner to these Terms, shall be in a federal or state court of competent jurisdiction located in Fulton County, Georgia. Laws in some communities may restrict the use of certain features of the Sites. Please check local regulations for any requirements or restrictions on the use of the features in any of the Service that you use. Any cause of action You may have with respect to Your use of the Service must be commenced within one (1) year after the claim or cause of action arises.