Terms & Conditions

Last updated 01/2026

ABOUT THESE TERMS

Accepting these Terms

Welcome to RENTRESS! This Terms of Service agreement (“Terms”) is between you (“you” or “your”) and RENTRESS, Inc. (“we,” “our,” “us,” “RENTRESS” or RENTRESS), and governs your access to and use of our website located at rentress.com (and any successor site thereto) (the “Site”), our mobile application (the “App”) and related services, including RENTRESS’s product rental and sale services (together with the Site, the App, and the Content (as defined below), the “Services”). Please review these Terms carefully; by accessing or using any of the Services, including by creating an Account (as defined below), you acknowledge that you have read, understood, and agreed to be bound by these Terms.

THESE TERMS ARE A LEGALLY BINDING CONTRACT BETWEEN YOU AND RENTRESS THAT AFFECTS OUR RESPECTIVE LEGAL RIGHTS AND INCLUDES A MANDATORY INDIVIDUAL ARBITRATION REQUIREMENT AND CLASS ACTION AND JURY TRIAL WAIVER, WHICH ARE SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE ANY SERVICES PROVIDED BY RENTRESS.

By accepting these Terms, you represent that you are an individual of legal age to form a binding contract or, if you are not, that you have obtained parental or guardian consent to enter into these Terms. Under no circumstances may you access or use the Services if you are under thirteen (13) years old. Your access to and use of the Services in any way also means that you agree to all of these Terms, and these Terms will remain in effect while you access or use the Services.

The Services are controlled or operated (or both) from the United States, and are not intended to subject RENTRESS to any non-U.S. jurisdiction or law. You may not use the Services to rent or purchase tools and accessories (along with any other products that may become available on the Site or App from time to time) (“Products”) outside of the United States. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

Changes

We may, at any time and without liability, suspend, modify, or discontinue all or part of the Services (including access to the Site via any third-party links). We encourage you to check our Site periodically for the most current Service offerings. Similarly, we may update the Content, including descriptions and specifications about Products or Services, and we reserve the right to remove any Content (as described below) at any time, for any reason (including, but not limited to, if someone alleges you contributed Content in violation of these Terms), in our sole discretion, and without notice. RENTRESS will have no liability for any change in the Services, or any suspension or termination of your access to Services.

We also reserve the right to change these Terms at any time by notifying you of such changes by any reasonable means, including by posting the revised Terms on the LINK to T&C. The “Last Updated” legend above indicates when these Terms were last changed. At our discretion, we may also notify you of certain changes by sending you an email to the email address associated with your Account. We also reserve the right to correct any typographical errors, inaccuracies, or omissions without the need for notification. You are responsible for providing us with your current email address when you create an Account, and, if your email address changes, for updating your Account information to reflect your new email address. Your continued use of the Services, including but not limited to browsing, hearting, renting, purchasing, or reviewing Products from us or completing a survey, following any changes to these Terms will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms. Any changes to the Terms will not apply to any dispute between you and us that arises prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes. If you don’t agree with the new Terms, you may no longer access or use the Services.

Privacy

Your submission of information through the Services is governed by RENTRESS’s Privacy Policy. To review the current RENTRESS Privacy Policy, please click LINK to Privacy Policy.

Frequently Asked Questions

Please also refer to our online LINK to FAQ for general information regarding our Services.

ABOUT OUR SERVICES

How to Access RENTRESS Services

As noted above, you must be 13 years or older to access or use the Services. To use certain Services, you may be asked to sign up for an account (your “Account”), select a password and email address, and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and up-to-date information, and to maintain and update such information. You may only register one Account (as defined below).

You may only use the Services and Products made available to you for your own personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services or Products is prohibited by these Terms or any Additional Terms or applicable laws, then you are not authorized to use the Services or Products. You are solely responsible for any use by you of any Services or Products in violation of these Terms, any Additional Terms, or applicable law.

You may not share your Account (including your email or password) with anyone, and you must protect the security of your Account (including your email address and password) and any other access tools or credentials. You’re solely responsible for any activity associated with your Account, including all charges incurred from use of the Services with your Account.

We may, for any reason, limit or restrict your access to or use of the Services, including, but not limited to, refusing to fulfill any order that you place with us or restricting orders placed under a single customer Account, payment card, or billing or shipping address. We reserve the right to limit, change, cancel, or prohibit any use of the Services for any reason in our sole discretion, including but not limited to availability and geographic concerns, or if we determine or suspect that you are using the Services for fraudulent or commercial purposes or for any other purposes in violation of these Terms or any Additional Terms.

Cost of the Services

We may charge you to access and use certain parts of the Services (the “Paid Services”). We reserve the right to modify or waive fees required to use certain parts of the Services at our discretion and without notice. You are solely responsible for: (i) the fee for any Paid Services that you order and that are not canceled in accordance with our cancellation policy, (ii) the price of any Products that are not returned in accordance with our policies, and (iii) any late fees accrued by you due to late or lost items.

For more information about our Services, including pricing and fees and cancellation policies, please see our FAQ Section. Please note that any pricing, fees, and payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.

Reserve

If you rent a Product as a one-time rental for a specified period of time (the “Reserve Service”), the rental fee will be the cost listed to rent the Product. Customers will also pay all applicable rental coverage, taxes and shipping charges (in total, the “Rental Fee”) listed on the Reserve Service for your rental of the applicable Product. RENTRESS reserves the right to alter the availability of any particular item at its discretion and without notice. Not all Products will be available as part of the Reserve Service, and RENTRESS does not guarantee that all Products will be available in the sizes or on the dates that Customer may want them.

Sales

If you purchase a Product through the Services, the purchase price for such Product (“Purchase Price”) will be equal to the purchase fee listed to purchase the Product. Customers will also pay all applicable taxes and shipping charges listed for the applicable Product at the time of purchase. RENTRESS, at its discretion and without notice, reserves the right to alter the price of a Product, the amount or availability of any discount, or the availability of any particular item.

Late Fees

If you do not return one or more Products that you have rented through our Reserve Service or by the Product Return Date (see the “Returns and Lost Items” section below), you hereby authorize us (or our third-party payment processor) to charge your Payment Method non-refundable late fees for the days that we do not receive every Product that comprises such order. For Products rented through our Reserve Service, such late fees may be charged for up to the full Original Retail or Comparable Value of the Products (the “Maximum Late Fee” unless otherwise specified in the corresponding FAQ Section(s)) not returned to us, plus applicable sales tax. If you are charged by RENTRESS, and pay the Maximum Late Fee for a Product rented through our Reserve Service pursuant to this “Late Fees” section and as described in the corresponding FAQ Section(s), you are permitted to retain the Product.

Please see our FAQ Section for the applicable Product Return Dates and the current late fees charged for each day that a Product is not returned. Other Terms Related to Products and Services

Use of the Products

You agree to treat the Products with reasonable care. The rental coverage provided by us covers normal wear and tear, but you are responsible for any loss, destruction, or damage to the Products for any reason, including due to theft, loss, disappearance, fire, major stains, or any other cause. “Normal wear and tear” means minor scratches, abrasions, cuts, stains, , or other minor damage. If you return a Product that is damaged beyond normal wear and tear, then you hereby authorize us (or our third-party payment processor) to charge your Payment Method for the price for replacing the Product, as determined in our discretion, up to the Original Retail or Comparable Value price for the Product.

You agree to use the Product only for its intended purpose in accordance with the Product instructions.

Product and Service Descriptions & Availability

We may, in our sole discretion, provide listings, descriptions, or images of Products that are available on the Services, as well as references and links to Products, but we do not warrant that the Product listings, descriptions, or images are accurate, complete, reliable, current, or error-free, or that any Products will be available, even if noted as so on our Services. Such information and the availability of any Product are subject to change at any time without notice. We may, in our sole discretion, make certain Products, Services, or Service features available to certain subsets of customers or Account holders at any given time. Certain weights, measures, and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer (including a smart phone or similar device) will accurately display such colors. The prices displayed for Products and Services are quoted in U.S. dollars, unless otherwise indicated. Prices and availability for Products on our Reserve Service are not confirmed until the applicable Products are shipped; if the actual price of such a Product is higher than our stated price, or if the Product is no longer available, we will contact you for instructions before shipping or cancel your order and notify you of such cancellation. The availability through the Services of any listing, description, or image of a Product does not imply our endorsement of such Product or affiliation with the provider of such Product.

Product and Service Recommendations

To improve your experience with our Products and Services, we may provide personalized Product recommendations to you. These recommendations may be based on your past rentals or purchases or other information we collect from you, popular items on our site, historical Product data, and general style trends or other third-party data, and may rely on various forms of analysis such as algorithms and artificial intelligence (“AI”). For more information about how we use AI tools, please review our AI terms below, and for more information about how we collect, use, and protect your personal information, manage your preferences or exercise your privacy rights, please review the current RENTRESS Privacy Policy

Delivery

You must provide us with accurate shipping information, so that we can timely deliver Products to you. You are responsible for providing us with accurate shipping information for deliveries and for keeping the shipping information for your Account up-to-date. If you provide us with a shipping address that is invalid or where you cannot securely accept Products upon delivery, or if you do not keep your shipping information up-to-date, you are solely responsible for any resulting loss, theft, or damage to the Products. Following delivery to the designated address, as between you and us, you will be solely responsible for the condition of each Product until you return such Product. We reserve the right to reject, cancel, or prohibit any rentals or sales of Products for any reason. Many factors impact the timing of each individual delivery, including the delivery ZIP code, purchase type, time of year, weather, and factors internal to the delivery providers we use, among others. Please see our FAQ Section for more information regarding deliveries.

Returns and Lost Items

Returning Purchased Products: Products purchased from RENTRESS are final sale only. Products marked as Final Sale are not eligible for return.

Returning Rented Products: You agree to return each Product that you have rented through RENTRESS by the return date for such Product identified in your online account and/or by the date on the applicable invoice for your order or as otherwise set forth in these Terms (the “Product Return Date”). We may, but are not required to, permit you to extend your rental period for a Product (including by contacting us), subject to prepayment of any additional fees applicable to that Product for the period of time of the extension. Failure to timely return a Product is a violation of our Terms, and we may terminate your Account, charge your Payment Method for Late Fees up to the Maximum Late Fee (plus applicable taxes), and/or take other legal action.

Lost Items: We are not responsible for any personal or other items left in Products or in the Return Packaging that is returned to RENTRESS. If you believe you have accidentally or otherwise sent any such items to us, please contact customer service as soon as possible at orders@rentress.com. We may, but are not required to, assist you in attempting to locate such items at your request, and we assume no responsibility or liability if we attempt to locate such items.

Returning by Mail/Shipping Carrier: If you use the Return Packaging that we provide, you must use the shipping carrier specified on the pre-paid shipping label included with the Return Packaging. RENTRESS will not be responsible for loss, theft, or damage to Products that are shipped back to us using any carrier other than the carrier that is specified on our Return Packaging and/or the return label provided for the return of a purchased product (“Return Label”), or for any fees (including Late Fees) or expenses that you incur due to delays in RENTRESS receiving the Product. RENTRESS does not ship Products outside of the United States, and you may not return Products to us from outside of the United States without our prior written permission.

In the event that you lose or damage the Return Packaging that we provide, please contact us immediately at orders@rentress.com. Otherwise, you will be responsible for returning the Product to us in your own packaging, at your own expense. Furthermore, you acknowledge that using any packaging or shipping carriers other than our Return Packaging and the carrier specified thereon may result in delivery delays and additional delivery fees for which RENTRESS will not be liable. You will be solely liable for all such delays, Late Fees, additional delivery fees, and any damage to Products.

Billing and Payments

How Payments Work

RENTRESS does not directly access, handle, or store your credit or debit card information; we may view certain limited payment card information, such as the name and last four digits of a card on file for your account, in the course of providing the Services, including to detect and prevent fraud, administer or verify your account, or help you add or replace a payment card. To submit payment using the Services, you will need to provide your name, email address, telephone number, and your credit or debit card number (or other payment instrument RENTRESS may accept), expiration date, and security code, as well as any such information as necessary to verify the applicable payment.

When you place an order for a rental Product, you hereby authorize RENTRESS to charge your payment card or other payment instrument (“Payment Method”) all charges at the prices then in effect for you for any use of such Paid Services in accordance with the applicable payment terms immediately upon your order. Rental Fees exclude all federal, state, and local taxes, goods and service tax, fees, customs, duties, levies, and other governmental assessments, all of which shall be paid by you directly or, if paid by RENTRESS, shall be paid by you to RENTRESS in connection with your rental order. A reservation of a rental Product through the Services is an order for the rental of that Product, regardless of how far in advance that Product is reserved.

You must ensure that at all times your Payment Method is valid and up-to-date. You are responsible for providing complete and accurate billing and contact information to RENTRESS and notifying RENTRESS of any changes to such information. If the Payment Processor is not able to charge your preferred Payment Method, you authorize us to use any Payment Method stored on record for your Billing Account. We reserve the right to suspend or cancel a rental order or terminate your access to the Services in the event that we are unable to successfully charge the provided Payment Method. We are not responsible for errors by the Payment Processor, and we reserve the right to correct any errors or mistakes that we or the Payment Processor make(s) even if we have or our Payment Processor has already requested or received payment. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

All payments made to our Payment Processors are subject to that third party’s privacy policy. These Terms do not apply to any third party’s collection and use of your information. Please review the applicable Payment Processor’s privacy policy. Our Payment Processor(s) will use your payment-related information in accordance with its privacy policy.

Payment Authorization

If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state taxes), we shall provide notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each Billing Period.

How to Cancel a Reserve Order

You may cancel a Product ordered using our Reserve Service subject to our cancellation fees and policies. Please see our FAQ Section for more information regarding our Reserve Service cancellation fees and policies.

Free Trials and Promotions

Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of such trial or promotion. Please note that any payment terms presented to you in the process of using or signing up for a free trial or other promotion are deemed part of these Terms.

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Services will be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules, as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.

CONTENT

Ownership and Use of Intellectual Property

Our Content

We and/or our suppliers and licensors own the Products and Services (including, without limitation, related software, code, data, and information relating thereto), and proprietary methods and systems used to provide the Services (collectively, “Our Property”), the materials, text, graphics, data, articles, photos, images, illustrations, information, and other content made available or displayed by us through the Services (collectively, “Our Materials”), and certain of the trademarks, service marks, names, and logos, including, but not limited to, RENTRESS (“Marks,” and together with Our Property and Our Materials, collectively, “Content”). You agree and acknowledge that the Content is: (i) protected by copyrights, (ii) subject to other intellectual property and proprietary rights and laws, and (iii) owned by us or our suppliers and licensors. Except as expressly permitted in these Terms, Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, redistributed, or otherwise used in any way without our prior written permission and the prior written permission of our applicable licensors.

Subject to these Terms, and solely for so long as you are permitted to use the Services, we grant to you a non-transferable, non-sublicensable, non-exclusive, revocable, limited right and license to (a) install, access, and use our App on any single, compatible, personal device that you own or control, and (ii) access and use the other aspects of the Services, in each case solely for your own personal, noncommercial use. The App is licensed (not sold) to you. If you fail to comply with any of the terms or conditions of these Terms, you must immediately cease using the App and remove (that is, uninstall and delete) the App from your mobile device. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in or attached to any Content, and that you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize, or otherwise exploit for any purpose any Content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in these Terms), create derivative works based on, or otherwise exploit any of the Content or Services. You may not use our trade names, trademarks, service marks, or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any right to use any trade names, trademarks, service marks, or logos without the express prior written consent of the owner.

Your Content

Anything that you post, upload, share, store, provide, or otherwise make available through the Services (including, but not limited to, Product reviews and photos, ideas, suggestions, messages, documents, proposals, photographs, audio, video, and other content) is a “User Submission.” We do not guarantee any confidentiality with respect to your User Submissions, and they may be viewable by others. You are solely responsible for all User Submissions that you submit or otherwise provide to the Services. You represent that (a) all of your User Submissions are accurate, complete, up-to-date, and in compliance with these Terms and all applicable laws, rules, and regulations, and (b) you own or have the necessary rights, licenses, consents, and permissions, without the need for any permission from or payment to any other person or entity, to exploit and to authorize us to exploit your User Submissions in all manners contemplated by these Terms. You waive all moral rights in User Submissions which may be available to you in any part of the world and confirm that no such rights have been asserted. No User Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any User Submissions.

In addition, if you provide to us any ideas, proposals, suggestions, or other materials (“Feedback”), whether related to the Services or otherwise, such Feedback will be deemed a User Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited, and without restriction, and does not place RENTRESS under any fiduciary or other obligation.

You hereby grant to RENTRESS and our affiliates a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable (through multiple tiers), and transferable (in whole or part) worldwide license to use, edit, truncate, aggregate, reproduce, transmit, display, exhibit, distribute, prepare, index, comment on, modify, create derivative works of, display, perform, commercialize, offer for sale, sell, and otherwise fully exploit User Submissions in connection the Services and our (and our successors’ and assigns’) businesses, including without limitation for improving, promoting, marketing, advertising, and redistributing part or all of the Site or the Services (and derivative works thereof) for you or others in any media formats (whether now existing or hereafter created or discovered) and through any media channels, whether now existing or hereafter created or discovered (including, without limitation, third-party websites and feeds).

We have the right, but not the obligation, to monitor, scan, intercept, review, analyze, store, alter, or remove any information (including all User Submissions received from you), and to monitor, review or analyze your access to or use of the Services, in each case, by manual, automated or other means, and in each case for any purpose, including such purposes as may be described in the Privacy Policy. We may take appropriate action against you or your User Submissions if you violate our rights or the rights of any third party or any other provision of these Terms. This may include, but is not limited to, removing or modifying User Submissions, terminating your account, and/or reporting you to law enforcement authorities. You acknowledge that all Content, including User Submissions, accessed by you while using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.

Ratings and Reviews

Our Services may request that you rate and post text or photo reviews of rental Products. Any ratings or reviews provided by you are considered User Submissions and are governed by these Terms. Ratings and reviews are not endorsed by RENTRESS, and do not represent the views of RENTRESS or of any affiliate or partner of RENTRESS. RENTRESS does not assume liability for any ratings and reviews or for any claims, liabilities, or losses resulting from or relating to ratings or reviews. We reserve the right to modify, remove, or exclude any rating and/or review for any reason at any time, without notice.

Use Restrictions

You represent, warrant, and agree that you will not post, upload, share, store, provide, or otherwise make available any User Submission, otherwise access or use the Content, Products or Services or interact with the Services in a manner that:

• Infringes, misappropriates, or otherwise violates the intellectual property rights or any other rights of anyone else (including RENTRESS);

• Violates any law, rules, or regulation, including, without limitation, any applicable export control laws or privacy laws;

• Is dangerous, harmful, fraudulent, deceptive, threatening, harassing, libelous, tortious, obscene, indecent, pornographic, vulgar, unlawful, hateful, or threatening to any group defined by race, religion, gender, national origin, or sexual orientation or is otherwise offensive or objectionable;

• Is for any commercial purpose or is used for any purpose not reasonably intended by RENTRESS;

• Jeopardizes the security of your or any other RENTRESS user’s Account (such as by allowing someone else to log in to your Account);

• Attempts, in any manner, to obtain the RENTRESS User ID, password, Account, or other security information of or from any other RENTRESS user or impersonates any other person, including but not limited to a RENTRESS representative;

• Violates the security of any computer network, or cracks any passwords or security mechanisms or encryption codes, or introduces viruses, worms, Trojan horses, spyware, or other computer code, file, or program that is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;

• Runs a “Maillist,” “Listserv,” any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interferes with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);

• Restricts or prohibits any other person from using the Services;

• Frames or mirrors any portion of the Services, or otherwise incorporates any portion of the Services into any product or service, without our express prior written consent;

• Removes or obscures any copyright, trademark, or other proprietary notice from the Services;

• Uses any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site, without our express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, RENTRESS grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. RENTRESS reserves the right to revoke such permission either generally or in specific cases, at any time and without notice;

• Systematically copies or stores any portion of the Content;

• Decompiles, reverse engineers, disassembles or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Products or Services, except to the extent that such restriction is expressly prohibited by applicable law;

• Displays material that exploits children under 18 years of age or posts, collects, or discloses any personal information (including names) or private information about such children; or

• Posts or transmits any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests or any other businesses or services.

You are also responsible for obtaining, maintaining, and paying for all hardware and all telecommunications and other services needed to access or use the Services. A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

Fraud Prevention

In our effort to protect our customers and RENTRESS, we may screen your use of our Services or purchase of Products for potential signs of fraud, such as (but not limited to) suspicious account creation, misuse of promotional offers or rates, and/or failure to return or pay for Products or Services, as required by these Terms. Where we identify potential signs of fraud, we reserve all rights, including but not limited to cancellation or termination of any of our Services, temporary or permanent suspension of Accounts, and/or reporting to law enforcement. If you believe your transaction or Service was canceled in error, or your Account suspended in error, please contact us and we may reinstate your Account, transaction or Service, in our sole discretion.

Third Party Materials

Certain Services may contain links or connections to, or otherwise make available access to, third-party websites, services, information, services, products, or other materials that are not offered, owned, controlled, provided or fulfilled by RENTRESS (“Third Party Materials”), or allow for the routing, transmission or promotion of such Third Party Materials, including via links. When you access or use any Third Party Materials, you are directing us to access, route and transmit to you the applicable Third Party Materials. Similarly, RENTRESS marketing channels, such as emails, social media accounts, and SMS or push messages, may promote or provide access to such Third Party Materials. Your use of Third Party Materials is at your own risk and is subject to the terms, conditions, and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).

RENTRESS has no control over, does not endorse, and assumes no responsibility for, any Third Party Materials, including the content, accuracy, validity, timeliness, reliability, completeness, quality, legality, usefulness, safety, or practices of or opinions expressed or embodied in any Third Party Materials. In addition, RENTRESS has no obligation to monitor, verify, censor, or edit the content or quality of any Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or in part) through the Services at any time. In addition, the availability or promotion of any Third Party Materials through the Services or RENTRESS marketing channels does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you or us and any such provider. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you access, use or buy from. By accessing or using the Services, you release and hold us harmless from any and all liability arising from your access to or purchase or use of any Third Party Materials, or transactions with providers of such Third Party Materials.

If there is a dispute between participants on this site or Services, or between users and any third party, including in connection with any Third Party Materials, you agree that RENTRESS is under no obligation to become involved and you are solely responsible for such disputes.

Copyright Infringement Claims

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Services infringe your copyright, you (or your agent) may send to RENTRESS a written notice by mail, email, or fax, requesting that RENTRESS remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to RENTRESS a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to RENTRESS as follows: by mail to RENTRESS, 4516 East West Hwy, Riverdale Park MD 20737; by email to legal@rentress.com; or by phone via (833) 663-7499.

Artificial Intelligence

The Services may contain content created by Artificial Intelligence ("AI") or other automated technologies (collectively, “AI Tools”) that process your User Submissions, prompts, and other data and information you make available to us through the Services (collectively, “AI Content”). We may use AI for different purposes in our business and in connection with the Services such as to generate Product recommendations, summarize and analyze User Submissions, customize your homepage, and to communicate with you using our AI-powered chatbot.

You agree and instruct that we may use and store AI Content to develop, train and improve our AI Tools and our other Products and Services. Your interactions with AI Tools may be recorded for analytics and improvement purposes and reviewed by our team to improve results. We will handle all personal data in accordance with our Privacy Policy, and we encourage you to review the Privacy Policy for more information.

The output generated from your use of the AI Tools (“Output”) is our Content. Due to the nature of machine learning, Output may not be unique across customers, and the AI Tools may generate the same or similar results across customers.

We may use technology provided by third party service providers to power some of our AI tools. You acknowledge that any input you provide, including any personal data you choose to include within that input, will be shared with third party service providers we engage to enable AI functionality within the Service. By using the Service, you direct and consent to your inputs, including any personal data contained therein, being transferred to third parties for the purpose of engaging such AI functionality.

Our AI Tools do not provide legal, medical, financial, or other professional advice, and they are not intended for use in, or association with, the operation of any hazardous environments or critical systems that may lead to serious bodily injury or death or cause environmental or property damage. You have the right to request human intervention for complex or unresolved issues. If your inquiry requires personalized assistance, please contact us as provided under the “Information or Complaints” section below.

While we strive to provide accurate and reliable Output, you acknowledge that Output may contain errors, omissions, inaccuracies, and/or outdated information that may affect your use of our Products and Services. Accordingly, RENTRESS does not guarantee the accuracy, completeness, reliability or timeliness of any Output and disclaims any and all liability for any errors or omissions in such content or otherwise arising from your use of AI Tools and/or Output generated therefrom. You should use caution when relying on any Output and verify any information provided for accuracy and appropriateness.

YOU ACCEPT AND AGREE THAT ANY USE OF AI TOOLS AND/OR OUTPUT IS AT YOUR SOLE RISK AND THAT NEITHER RENTRESS NOR ANY OF ITS AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES ARISING FROM OR RELATED TO YOUR USE OF AI TOOLS AND/OR OUTPUT.

You agree to defend, indemnify, and hold RENTRESS, its affiliates, and its licensors harmless from and against any losses, liabilities, damages, settlement amounts, and other costs and expenses (including, without limitation, attorneys’ fees) arising out of a third-party claim related to: (i) your AI Content, or (ii) an allegation that your use of AI Tools infringes a third-party’s intellectual property or other proprietary or privacy rights, or otherwise violates applicable law (including, without limitation, privacy laws).

Additional Terms for Mobile Applications

In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to these Terms and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to RENTRESS in accordance with the “Information or Complaints” section below. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the usage rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of the terms and conditions of the Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. Notwithstanding the foregoing, RENTRESS’s right to enter into, rescind, or terminate any variation, waiver, or settlement under these Terms is not subject to the consent of any third party.

MISCELLANEOUS

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE RENTRESS PARTIES (AS DEFINED BELOW) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR: (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE PRODUCTS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) U.S. DOLLARS OR (II) THE AMOUNTS PAID BY YOU TO RENTRESS IN CONNECTION WITH THE SERVICES IN THE TWELVE (12)-MONTH PERIOD PRECEDING THE FIRST EVENT GIVING RISE TO A CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RENTRESS PARTIES DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICES AND THE RENTRESS PARTIES SHALL NOT BE LIABLE FOR ANY INTERRUPTIONS OR ERRORS RELATED THERETO.

DISCLAIMER OF WARRANTIES

Neither RENTRESS nor its licensors, suppliers, partners, parent, subsidiaries, or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives, and agents, and each of their respective successors and assigns (RENTRESS and all such parties together, the “RENTRESS Parties”) make any representations or warranties concerning the Products or Services, including without limitation regarding any content contained in or accessed through the Services or any Products, and the RENTRESS Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages, or liabilities arising out of or in any way related to your participation in or use of the Services. We make no warranty that the Products or Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Products, or Services, or that defects in the Products or Services will be corrected. The Services may become unavailable due to maintenance or malfunction of computer equipment or other reasons. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from the download of any material in any way related to the Services and/or our Content. No advice or information, whether oral or written, obtained by you from us through the Services or otherwise will create any warranty, representation, or guarantee not expressly stated in these Terms.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES, PRODUCTS, CONTENT, AND ANY THIRD PARTY MATERIALS ARE PROVIDED BY RENTRESS (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS,” “WHERE IS,” AND “AS AVAILABLE” BASIS, AND RENTRESS HEREBY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Consent to Receive Periodic Messages

By using the Services, you consent to receiving communications from us or on behalf of RENTRESS, including informational text messages (such as for purposes of notifying you about the status of your order, sending you reminders, facilitating secondary authentication, and providing other transactional information), to the phone number that you provide by any means, including through an automated telephone number dialing system. You represent and warrant that you are the owner of the phone number that you provide when you create an Account. Standard text messaging and data rates charged by your mobile carrier may apply to the text messages we send you, and any and all such charges, fees, taxes, or costs are your sole responsibility. You may opt out of receiving communications by following the unsubscribe procedures we provide to you. In the case of text messages, you may opt out by replying "STOP" to a text message you receive from us or by emailing concierge@rentress.com. If you choose to opt-out of text messages, you may receive an additional message confirming your request has been processed. You acknowledge that opting out of receiving communications may impact your use of the Services. Please note also that you will need to opt out of communications for each Service that you sign up for. For support regarding the Services, email us at concierge@rentress.com. You agree to indemnify and hold RENTRESS harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.

Export Control

You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.

Proposition 65 Notice to California Residents

California Proposition 65 (“Prop 65”) requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm after significant exposure. You may see Prop. 65 warnings based on information the seller has shared with us that we're passing along to you. Further information regarding California Proposition 65 may be obtained online by visiting www.p65warnings.ca.gov.

Indemnity

You agree to indemnify and hold the RENTRESS Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, fees, and expenses (including attorneys’ fees) arising from or in any way related to any claims, suit, action, or demand (“Claims”) relating to (i) your access to or use of the Services (including, without limitation, any actions taken by a third party using your account) and any Products rented from us (including, without limitation, any failure to return such Products), (ii) your User Submissions, (iii) your violation of these Terms, or any applicable law, rules, or regulation, (iv) your infringement, misappropriation, or other violation of any third-party right, including, without limitation, any intellectual property right or publicity, confidentiality, other property, or privacy right, and (v) any dispute or issue between you and any third party, including, without limitation, any Courier, Product merchant, marketing partner, or other third party. In the event of such Claim, we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Account, in any way (including by operation of law or otherwise) without RENTRESS's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations (in whole or in part) without your consent or notice to you.

Choice of Law

These Terms are governed by and will be construed under the laws of the United States (including federal arbitration law) and the laws of the State of New York, without regard to the conflicts of laws provisions thereof.

DISPUTE RESOLUTION: DISPUTES AND ARBITRATION, CLASS ACTION WAIVER, JURISDICTION AND VENUE

PLEASE READ THE FOLLOWING DISPUTE RESOLUTION SECTION CAREFULLY (subsections (a) through (i) below will be referenced herein as the “Dispute Resolution” section) BECAUSE IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION, A CLASS ACTION WAIVER, A JURY TRIAL WAIVER, AND A CONTRACTUAL LIMITATIONS PERIOD.

YOU AND RENTRESS EACH ACKNOWLEDGE THAT THE TERMS IN THIS DISPUTE RESOLUTION SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY’S CLAIMS.

THIS SECTION APPLIES TO ANY CLAIM BETWEEN YOU AND RENTRESS (EACH, A “PARTY”; TOGETHER, THE “PARTIES”) ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, OUR PRODUCTS, YOUR VISIT TO THE SITE, OUR ADVERTISING OR MARKETING, OUR PRIVACY AND DATA SECURITY PRACTICES, AND TO ANY IN-STORE OR ONLINE RENTAL, PURCHASE, TRANSACTION, RETURN OR OTHER INTERACTION WITH RENTRESS, WHETHER IN CONTRACT, TORT, WARRANTY, STATUTE, REGULATION, OR OTHER LEGAL OR EQUITABLE BASIS (EACH, A “CLAIM”), INCLUDING, BUT NOT LIMITED TO:

• CLAIMS THAT AROSE BEFORE THIS OR ANY PRIOR AGREEMENT;

• CLAIMS THAT WOULD OTHERWISE BE SUBJECT TO PRE-EXISTING CLASS ACTION LITIGATION FOR WHICH YOU MAY BE A PUTATIVE CLASS MEMBER; AND

• CLAIMS THAT MAY ARISE AFTER THE TERMINATION OF THESE TERMS.

Notwithstanding the provisions herein, if you in any manner violated RENTRESS’s intellectual property rights, we may bring suit in any state or federal court in the State of Maryland. Additionally, notwithstanding the provisions herein, either you or RENTRESS may bring a Claim in small claims court consistent with the jurisdictional and dollar limits that may apply. The route to small claims court shall only be the result of a direct filing by you or RENTRESS. As set forth below, a Claim commenced in arbitration may not be secondarily directed to small claims court per otherwise applicable rules.

Both you and RENTRESS acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, RENTRESS's officers, directors, employees, and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

THIS ENTIRE DISPUTE RESOLUTION SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, THESE TERMS OF USE, THE PARTIES’ RELATIONSHIP, OR THE END OF YOUR USE OF ANY SERVICES.

(a) Mandatory Informal Dispute Resolution for All Claims.

Before filing any lawsuit relating to a Claim, you agree to first send a detailed notice (“Notice”) to RENTRESS by email at legal@rentress.com OR certified or registered mail with proof of receipt to us at RENTRESS, 4516 East West Hwy, Riverdale Park MD 20737, Attn: Legal Department within the applicable statute of limitations. Your Notice must contain all of the following information: (1) your full name; (2) your address; (3) your telephone number; (4) your email address; (5) information sufficient for RENTRESS to identify any transaction and/or product at issue (e.g., your order number, order confirmation communication, SKU number, etc.); and (6) a detailed description of your Claim, the nature and basis of your Claim(s), and the nature and basis of the relief you are seeking with a calculation for it. You must personally sign this Notice.

Likewise, RENTRESS agrees that if we have a dispute with you, we will first send a detailed Notice to your e-mail address on file with us. RENTRESS’s Notice will likewise set forth (1) information sufficient for you to identify any transaction at issue; and (2) a detailed description of our dispute, the nature and basis of our claim(s), and the nature and basis of the relief we are seeking with a calculation for it.

(b) Class Action Waiver; Jury Trial Waiver.

YOU AND RENTRESS AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTION, INCLUDING ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND. Additionally, you agree that you will not be a member of any putative or actual class in a class action brought by anyone else against RENTRESS, nor will you seek to become a class representative. You further agree that in any action you initiate against RENTRESS, any relief you seek will be confined to relief on your own behalf.

Together, the terms in the preceding paragraph shall be called and operate as the “Class Action Waiver.” To the extent any portion of this Class Action Waiver is found unenforceable, the Arbitration Agreement below shall not apply, notwithstanding any severability provisions herein.

Except as the Terms otherwise provide and to the fullest extent permitted by law, you and RENTRESS acknowledge and agree that you are each waiving the right to a trial by jury.

(c) Arbitration Agreement.

You and RENTRESS agree that CLAIMS SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT. This requirement, and the terms set forth in subsections (d) and (e), shall collectively be referred to as the “Arbitration Agreement.”

The Federal Arbitration Act and federal arbitration law apply to this Arbitration Agreement. By agreeing to arbitration, you and RENTRESS are not limiting in any way either of our statutory or common law rights or potential remedies to which either of us would be entitled to if our Claim were instead being heard in a court.

ANY ARBITRATION WILL BE ADMINISTERED BY NATIONAL ARBITRATION AND MEDIATION (“NAM”) AND GOVERNED BY NAM’S APPLICABLE RULES (including the Comprehensive Dispute Resolution Rules and Procedures and/or the Mass Filing Supplemental Dispute Resolution Rules and Procedures, as applicable) ("NAM Rules"), as modified by these Terms. You may obtain a demand form to initiate arbitration as set forth in the NAM Rules available online at www.NAMADR.com, by emailing NAM at commercial@namadr.com, or by requesting them in writing at the Notice address; this demand form, along with a certification under penalty of perjury of compliance with the Mandatory Informal Pre-Suit Resolution process, must both be personally signed by the party initiating arbitration (and their counsel, if represented) and a copy must also be sent to RENTRESS. You and RENTRESS agree that any counsel representing a party in arbitration must comply with the requirements of Federal Rule of Civil Procedure 11(b), and that the arbitrator may impose any sanctions against all appropriate represented parties and counsel if he or she determines a Claim is frivolous.

The arbitration shall occur through the submission of documents to one arbitrator. If the arbitrator determines that a hearing is necessary, the hearing shall be conducted remotely by telephone or video conference. If the arbitrator determines that an in-person hearing is necessary, the hearing will take place in the State of Maryland. You and RENTRESS will select an arbitrator or hearing officer(s) after commencement of the action in accordance with NAM’s rules and procedures.

Payment of all filing, administration and arbitrator fees will be governed by the NAM rules and applicable fee sheet, as determined by NAM. All issues relating in any way to arbitration—including the applicability, scope, and enforceability of the arbitration provisions of this Dispute Resolution section—are for the arbitrator to decide. The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different customers. At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s decision on all procedural and substantive issues is binding only between you and RENTRESS and will not have any preclusive effect in another arbitration or proceeding that involves a different party. An arbitrator’s award that has been fully satisfied shall not be entered in any court.

You and RENTRESS shall each be limited to a maximum of one (1) fact witness deposition per side, unless we agree otherwise or the arbitrator determines that more depositions are warranted based on the totality of circumstances (including the amount in controversy, the complexity of the factual issues, the number of parties and the diversity of their interests, and whether any or all of the Claims appear, on the basis of the pleadings, to have sufficient merit to justify the time and expense associated with the requested discovery). Document requests shall be limited to documents that are directly relevant to the matter(s) in dispute or to its outcome; shall be reasonably restricted in terms of time frame, subject matter and persons or entities to which the requests pertain; shall not include broad phraseology such as "all documents directly or indirectly related to"; and shall not be encumbered with extensive "definitions" or "instructions." The arbitrator may edit or limit the number of document requests based on the totality of circumstances, including the factors listed above.

In any arbitration, the defending party may make a written settlement offer at any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. Settlement offers may not be disclosed to the arbitrator until after the arbitrator issues an award on the Claim. If the award is issued in the defending party's favor, or in the other party's favor but is less than the defending party's settlement offer, then the other party must pay the defending party's costs incurred after the offer was made, including any attorney's fees. If any applicable statute or case law prohibits the shifting of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs to which the party bringing the Claim may be entitled for the cause of action under which it is suing.

(d) Special Procedures for Mass Filings

To the extent an arbitration falls within NAM’s definition of a mass filing, you and RENTRESS agree to the procedures set forth below and in NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules," available at https://www.namadr.com/resources/rules-fees-forms). Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled beginning when the Mandatory Informal Pre-Suit Resolution process is initiated, until the Claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.

Counsel for each side shall select 25 Claims (50 Claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless you and RENTRESS agree otherwise in writing. No administrative fees will be assessed in connection with any remaining Claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, you and RENTRESS shall promptly engage in a global mediation session of all remaining Claims with a retired federal or state court judge, unless the parties agree otherwise.

If the remaining Claims are not resolved at this time, counsel for the parties shall each select an additional 25 Claims per side (50 Claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. This process shall continue, consistent with this staged process set forth above in this subsection, by administering and moving forward a maximum of 50 individual arbitration proceedings at a time until the parties are able to resolve all of the Claims, either through settlement or arbitration.

A court of competent jurisdiction shall have the authority to enforce this entire Dispute Resolution section and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the allocation of arbitration fees. If these additional procedures apply to your Claim, and a court of competent jurisdiction determines that they are not enforceable as to your Claim, then your Claim shall proceed in a court of competent jurisdiction consistent with the remainder of these Terms.

(e) Exceptions.

Notwithstanding the Parties’ agreement to resolve all Claims through arbitration (i) either you or RENTRESS may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction; and (ii) either you or RENTRESS may bring suit in court to enjoin infringement or other misuse of intellectual property rights or confidential information. The route to small claims court shall only be the result of a direct filing by you or RENTRESS. As set forth above, a Claim commenced in arbitration may not be secondarily directed to small claims court per otherwise applicable rules. Any institution of any action for injunctive relief will not constitute a waiver of the right or obligation of the claiming party to submit any claim seeking relief other than injunctive relief to arbitration.

(f) Time Limits.

To the fullest extent permitted by applicable law, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY CLAIM MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THAT CAUSE OF ACTION IS PERMANENTLY BARRED. For purposes of this provision, a Claim is considered commenced at the time the Notice (defined above in subsection (a) is sent). To the extent a Claim is filed in court or arbitration without first providing such Notice (which would be contrary to these Terms, as set forth above), the Claim is deemed commenced at the time of such filing.

(g) Opt-Out.

Within thirty (30) days of agreeing to these Terms, you may opt out of the present version of the Arbitration Agreement by sending your personally signed, written notice to the following address: RENTRESS, 4516 East West Hwy, Riverdale Park MD 20737, Attn: Legal Department - Arbitration Opt Out. Such written notice does not constitute an opt out of any previous versions of the Arbitration Agreement, or the Class Action Waiver that you may have agreed to, which would continue to govern your claims.

(h) Severability.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Dispute Resolution section will be null and void. This Dispute Resolution section will survive the termination of your relationship with RENTRESS.

(i) Exclusive Venue.

In any circumstances where the foregoing Arbitration Agreement permits either you or RENTRESS to litigate any Claim arising out of or relating to the subject matter of these Terms in court, then the foregoing Arbitration Agreement will not apply to either party, and both you and RENTRESS agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in Riverdale Park, Maryland

Filtering

We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that RENTRESS does not endorse any of the products or services listed on such site.

Taxes

You will be responsible for paying, withholding, filing, and reporting all federal, state, and local goods and services taxes, duties, customs, duties, levies, and other governmental assessments associated with your activity in connection with the Services (including, but not limited to, any purchase or rental of any Products and s), provided that RENTRESS may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.

Waiver; Severability

The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.

Delays

There may be delays, omissions, or inaccuracies in the Services, including the Content. The Services may become unavailable due to maintenance or malfunction of computer equipment or other reasons. You agree that RENTRESS is not, and will not be, liable for any such delays, omissions, inaccuracies, or unavailability.

Entire Agreement

You and RENTRESS agree that these Terms are the complete and exclusive statement of the mutual understanding between you and RENTRESS, and that these Terms supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of RENTRESS, and you do not have any authority of any kind to bind RENTRESS in any respect whatsoever.

Notice to New Jersey Consumers

If you are a consumer residing in New Jersey, the following provisions of these Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) the disclaimer of liability for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code, and New Jersey Consumer Fraud Act; (b) the limitations of liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability, or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) the requirement that you indemnify the RENTRESS Parties (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) the New York governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).

Information or Complaints

If you have any questions or complaints regarding the Services or about these Terms, you may contact us at legal@rentress.com. For any questions related to Services or Products, please contact us at concierge@rentress.com. Please note that email communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your email correspondence with us. Pursuant to California Civil Code Section 1789.3, California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (800) 952-5210.