Welcome to Rent That Bag, LLC, located at 16607 Blanco Rd. Ste. 905, San Antonio, TX 78232 ("Rent That Bag," "we," or "our").
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
- Accessand Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
- You must be at least eighteen (18) years of age. By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
The Service is also not available to any users who have been previously removed or suspended from the Service.
- Commercial Use of Service. If you are using and/or accessing the Service on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:
Illegal and/or unauthorized uses of the Service include, but are not limited to, collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Service, sharing or disclosing your access credentials to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Service in any fraudulent or misleading manner, any automated use of the system, such as scraping the Service, automated scripts, spiders, robots, crawlers, harvesting or data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service, and using the Service in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Service may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Service is with the permission of Rent That Bag, which may be revoked at any time, for any reason, in Rent That Bag’s sole discretion.
- Your Use of the Service
- You must not copy or capture, or attempt to copy or capture, any content from the Service, unless given express permission by Rent That Bag.
- You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any content on or from the Service.
- You must not use any content in any way that is designed to create a separate service or that replicates any part of the offering of the Service.
- You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any content.
- You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent your activity on the Service, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Service.
- You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Service or any content appearing on the Service.
- You must not, and must not permit any third party to, copy or adapt the object code of the Service, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Service, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to content on the Service.
- You must not use the Service to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
- any content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in Rent That Bag’s sole and reasonable discretion;
- any information, content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right;
iii. any content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Rent That Bag’s sole and reasonable opinion;
- any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Service or servers or networks forming part of, or connected to, the Service, or which does or might restrict or inhibit any other user's use and enjoyment of the Service; or
- any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
- You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
- You must not rent, sell or lease access to the Service, or any content on the Service.
- You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
- You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Rent That Bag employee. If Rent That Bag determines that any user has threatened, stalked, harassed, or verbally abused any Rent That Bag employee or another Rent That Bag member, Rent That Bag reserves the right to immediately terminate that user’s membership and suspend access to the Service.
- You must not sell or transfer, or offer to sell or transfer, any account to any third party without the prior written approval of Rent That Bag.
- You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
- You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Rent That Bag; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of Rent That Bag’s servers, system or network or attempt to breach Rent That Bag’s data security or authentication procedures; attempt to interfere with the Service by any means including, without limitation, hacking Rent That Bag’s servers or systems, submitting a virus, overloading, mail-bombing or crashing.
Rent That Bag allows registered users to rent or purchase items from Rent That Bag’s online inventory, and collect those items, by appointment, at Rent That Bag’s showroom at 16607 Blanco Rd., Ste. 905, San Antonio, TX 78232. Rental rates and/or purchase prices are listed clearly on the Service, and are subject to change at any time at Rent That Bag’s sole discretion. Rent That Bag reserves the right to require a deposit for any rental transaction.
Purchased items may be returned to Rent That Bag in the condition which they were delivered to you, within five (5) days of purchase. Rent That Bag will make every effort to provide a refund or credit for items returned in as-purchased condition. Please note, however, that we cannot guarantee that you will receive a refund upon request. Rent That Bag reserves the right to refuse a refund request for any reason, or no reason at all, in its sole discretion.
Rental items must be returned to Rent That Bag in the condition which they were delivered to you, allowing for normal wear and tear. Rental items must be returned by the due date specified upon rental; late returns will incur a late fee of $25 per day minimum. If an item is returned with excessive wear and tear or damage, as determined by Rent That Bag in its sole discretion, or if an item is not returned within five (5) days of the due date, you agree that Rent That Bag may charge your credit card for the full retail price of the item. Recurring cases of excessive wear or damage may result in the suspension or termination of your account. In the event of loss or theft of any Rent That Bag item in your possession, you acknowledge and agree that you are responsible for the full retail price of that item.
Rent That Bag reserves the right to refuse to rent and/or sell an item to any user in its sole discretion and in accordance with all relevant laws and regulations.
- Consent to Credit Report; Written Instructions.
BY APPLYING TO RENT AN ITEM ON THE SERVICE (THE “APPLICATION”), YOU ARE PROVIDING WRITTEN INSTRUCTIONS TO RENT THAT BAG, PURSUANT TO THE FAIR CREDIT REPORTING ACT, AUTHORIZING RENT THAT BAG TO OBTAIN INFORMATION FROM ONE OR MORE CREDIT REPORTING AGENCIES AND/OR YOUR CREDIT PROFILE (YOUR “CREDIT INFORMATION”).
YOU FURTHER AUTHORIZE RENT THAT BAG TO VERIFY INFORMATION PROVIDED IN YOUR APPLICATION, AND YOU GIVE RENT THAT BAG PERMISSION TO CONTACT THIRD PARTIES TO VERIFY SUCH INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT RENT THAT BAG MAY USE YOUR CREDIT INFORMATION TO: (A) VERIFY YOUR IDENTITY; (B) EVALUATE YOUR ELIGIBILITY TO RENT AN ITEM FROM RENT THAT BAG; (C) MAKE CREDIT DECISIONS; AND/OR (D) FOR RELATED PURPOSES.
- Membership;Pricing; Charges on Your Account.
- Billing. Rent That Bag bills you through an online account (your "Billing Account") for use of the Service. You agree to pay Rent That Bag all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize Rent That Bag to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. Rent That Bag reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
Recurring Billing. Our subscription plans to the Service consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Rent That Bag may submit periodic charges (e.g. monthly) without further authorization from you, until you provide prior notice (confirmed in writing by Rent That Bag) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Rent That Bag could reasonably act. You may change your payment method or cancel your paid membership by a provider of your chosen Payment Method (the "Payment Method Provider") in your account settings on the Service. For your convenience, we take your payment information so that your Rent That Bag membership will not be interrupted. We auto-renew your membership at the level you selected. Your Rent That Bag subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate (if applicable).
d. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY RENT THAT BAG IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE RENT THAT BAG ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT RENT THAT BAG MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY RENT THAT BAG).
e. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.
f. Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that Rent That Bag is authorized to charge your Payment Method. Rent That Bag may submit those charges for payment and you will be responsible for such charges. This does not waive Rent That Bag’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
- Modifications to Service. Rent That Bag reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Rent That Bag shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- Blocking of IP Addresses. In order to protect the integrity of the Service, Rent That Bag reserves the right at any time in its sole discretion to block members from certain IP addresses from accessing the Service.
11. Third Party Content. Rent That Bag may provide third party content on the Service and may provide links to webpages and content of third parties (collectively, the “Third-Party Content”) as a service to those interested in this information. Rent That Bag does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that Rent That Bag does not create Third-Party Content, nor does Rent That Bag update or monitor it. Rent That Bag is therefore not responsible for any Third-Party Content on the Service. Users use such Third-Party Content at their own risk.
The Service may include links or references to other web sites or services solely as a convenience to Rent That Bag users (collectively, the “Reference Sites”). Rent That Bag does not endorse any Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between you and the relevant advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
- Intellectual Property. Rent That Bag, LLC, the Rent That Bag logos and any other product or service name or slogan contained in the Service are trademarks of Rent That Bag, LLC or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Rent That Bag or the applicable trademark holder. Any authorized use of these trademarks must be in accordance with any guidelines that Rent That Bag may provide you from time to time.
Rent That Bag retains all proprietary rights in the Service, except where otherwise noted. The Service contains the copyrighted material, trademarks, and other proprietary information of Rent That Bag, and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on Rent That Bag is proprietary. Except where otherwise specified in this Agreement, all content is copyrighted material of Rent That Bag and for Rent That Bag members’ use only. Distribution of content to others is strictly prohibited. You agree that Rent That Bag would be irreparably harmed by any violation or threatened violation of this section and that, therefore, Rent That Bag shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.
All product names, logos, and designs are trademarks or registered trademarks of their respective owners.
You may not use any meta tags or any other hidden text utilizing “Rent That Bag” or any other name, trademark or product or service name of Rent That Bag without our prior written permission. In addition, the look and feel of the Rent That Bag Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Rent That Bag and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or any other affiliation.
The Service is owned and operated by Rent That Bag, LLC. Unless otherwise indicated, all content and other materials on the Service, including, without limitation, Rent That Bag’s logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence).
- Repeat Infringer Policy. Rent That Bag has adopted a policy that it will promptly terminate without notice any user's access to the Service if that user is determined by Rent That Bag to be a "repeat infringer." A repeat infringer includes, without limitation a user who has been notified by Rent That Bag of infringing activity violations more than twice. Rent That Bag may also at our sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
In addition, Rent That Bag accommodates and does not interfere with standard technical measures used by intellectual property rights owners to protect their materials.
- Limitation of Liability. In no event shall Rent That Bag be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Service, or use thereof. Nothing contained in the Service or in any written or oral communications from Rent That Bag or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.
The content and functionality on the Service, along with the services provided by employees of the Service, are offered "as is" without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Rent That Bag makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Service’s content or that the functionality of the or Service will be uninterrupted or error-free or free from virus or third party attack. Rent That Bag explicitly disclaims liability for service outages on the Service. You hereby acknowledge that your use of the Service is at your sole risk.
UNDER NO CIRCUMSTANCES SHALL RENT THAT BAG, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, EVEN IF RENT THAT BAG HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL RENT THAT BAG HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF RENT THAT BAG HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Rent That Bag and sole remedy available to any member in any case in any way arising out of or relating to the Agreement or the Service shall be limited to monetary damages that in the aggregate may not exceed $50.00.
- Indemnity by You.You agree to indemnify and hold Rent That Bag, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:
- any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Rent That Bag.
- Parental or Guardian Permission. CHILDREN UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE THE SERVICE. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO SUBSCRIBE TO OUR FEE-BASED SERVICE OR GIVE RENT THAT BAG THEIR EMAIL ADDRESS OR ANY OTHER PERSONALLY IDENTIFIABLE INFORMATION.
- Jurisdiction and Choice of Law; Dispute Resolution. If there is any dispute arising out of the Service, by using the Service, you expressly agree that any such dispute shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Texas, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of Texas with the same force and effect as if such service had been made within the State of Texas. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
- Arbitration Provision/No Class Action. Except where prohibited by law, as a condition of using the Service, you agree that any and all disputes, claims and causes of action (collectively, "Claim") arising out of or connected with the Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of Texas, County of Bexar, or the United States District Court for the Western District of Texas. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Texas, County of Bexar, or the United States District Court for the Western District of Texas.
- Entire Agreement.
Please contact us with any questions regarding this agreement. Rent That Bag is a trademark of Rent That Bag.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.