URENTME TERMS AND CONDITIONS

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE URENTME SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SERVICES, OR BY PARTICIPATING IN THE PEER TO PEER PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH URENTME INC. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR TO PARTICIPATE IN THE PEER TO PEER PROGRAM.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE TERMS INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS, YOU MAY NOT USE OR ACCESS THE URENTME INC. WEBSITE, APP, OR SERVICES IN ANY MANNER.

Last Updated: October 2019

If we update or make changes to these policies such changes will be reflected on the Terms & Conditions page of the URentMe website, along with the month and year of the most recent change.

1.About

 

URentMe, Inc. (hereinafter “URentMe”, “we”, “us”, or “our”) provides an online platform that connects owners who have RE’s (as defined below) to rent with renters seeking to rent such RE’S, which platform is accessible at www.URentMe.com and any other websites through which URentMe makes the platform available (collectively, the “Site”) with any other products or services made available by URentMe, all of the foregoing are, collectively, the “Services.” By using the Services, you agree to comply with and be legally bound by these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and all Collective Content (defined below), and constitute a binding legal agreement between you and URentMe Please read carefully these Terms and our Privacy Policy, and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Services. Failure to use the Services in accordance with these Terms may subject you to civil and criminal penalties.

THE SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH OWNERS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR RE’S (DEFINED BELOW) WHICH RENTERS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK WITH THE OWNERS. YOU UNDERSTAND AND AGREE THAT URENTME INC. IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN OWNERS AND RENTERS, NOR IS URENTME INC. A BROKER OF SAID PRODUCTS, AGENT OR INSURER. URENTME INC. HAS NO CONTROL OVER THE CONDUCT OF OWNERS, RENTERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY RE’S, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

2.Definitions

 

“RE, RE’s” means all recreational equipment

“RV” means recreational vehicle

“Equipment” means any and all URentMe product offerings for Rent on our Network.

ATV” means all-terrain vehicle

“UTV” means utility terrain vehicle

“Jet-Ski” means personal watercraft.

“URentMe Content” means all Content that URentMe makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.

 “Collective Content” means Member Content and URentMe Content.

“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information and any other content or materials.

“Renter” means a person who requests a booking of a RE from a listed Owner, or a person who uses a RE and is not the Owner for such RE.

“Owner” means a Member who creates a Listing on the URentMe platforms.

“Listing” means a vehicle that is listed by an Owner as available for rental.

“Member” means an Owner who completes URentMe’s account registration process, as described under “Account Registration” below.

“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to the URentMe platforms.

“Tax” or “Taxes” mean any sales taxes, goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.

Certain areas of the Services (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Services, the latter terms and conditions will take precedence with respect to your use of or access to that specific area of the Services.

3.Acceptance

 

By creating an account with us you accept the Terms and Conditions laid forth herein. Should you at any point in time dispute these Terms and Conditions, URentMe reserves the right to disable access to your account. Be aware that even if your account is disabled, deleted, or otherwise impaired, you remain fully liable for any and all amounts owed for Services rendered or damage caused by you, your agents, or your licensees.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in any such event, “you” and “your” will refer and apply to that company or other legal entity.

4.Modification

 

URentMe reserves the right, at its sole discretion, to modify the Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification of the Services or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Services after we have posted a modification of the Services or have provided you with a notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to immediately cease using the URentMe Services.

5.General Terms

 

You agree that you will comply with all written URentMe rules, agreements, and policies that are made available by URentMe and the Services and which are incorporated herein by reference. These include, without limitation:

  • Fees Policy
  • Cancellation Policy
  • Copyright Policy
  • or any other policies posted on the Services

6.Minimum Age

 

The Services are intended solely for persons who are 21 years of age or older. Any access to or use of the Services by anyone under 21 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 21 or older. The minimum age to rent a RE is 21 years old. Should URentMe become aware of a user being under the age of 21 we will immediately disable the account, suspend all Services, and initiate any lawful proceeding required to protect our interests.

7.How the Services Work

 

The Services can be used to facilitate the listing and booking of URentMe extensive products. Such products are included in Listings on the Services by Owners. You may view Listings as an unregistered visitor to the Services and rent a product but to create a Listing, you must first register to create an URentMe Account (defined below).

As stated above, URentMe makes a platform or marketplace available with related technology for Renters and Owners to meet online and arrange for bookings of our products set. URentMe also makes available a mobile application available on the Apple Store and Google Play for all users. URentMe is not an owner or operator of RE’s in addition to other vehicles, including, but not limited to, trailers, towables, campers, vans, coaches, or other RVs, boats, cars, ATV’s, UTV’s, motorcycles, dirt bikes, nor is it a provider of other vehicles and URentMe does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control RE’s in addition to other vehicles, or transportation or travel services. URentMe’s responsibilities are limited solely to advertising the availability of RE’s to rent for the purpose of securing Renters for the Owners.

PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED BY RENTERS TO CONTACT OWNERS OF RE’S THAT ADVERTISE ON THE URENTME INC. PLATFORMS WITH A VIEW TO THE RENTERS AND OWNERS NEGOTIATING ALL ASPECTS OF A POTENTIAL RENTAL, INCLUDING, BUT NOT LIMITED TO, AVAILABILTY, PRICING, INSURANCE, EQUIPMENT, ETC, WITHOUT ANY INVOLVEMENT BY URENTME INC. URENTME INC. CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY RE’s. URENTME INC. IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND RE’s. URENTME SHALL NOT BE LIABLE FOR THEFT, MISPLACEMENT, OR DESTRUCTION OF ANY RE. ACCORDINGLY, ANY BOOKINGS WITH OWNERS WILL BE MADE AT THE RENTERS’ AND OWNERS’ OWN RISK.

8.Renter Eligibility

 

The following are the minimum eligibility requirements as a Renter. 

  1. You must be minimum 21 years of age to rent or reserve;
  2. You must hold a current, valid (non-temporary) driver’s license, and present your license to the Owner when you begin your rental; 
  3. You are required to demonstrate at least three years of current, U.S.-licensed driving history;
  4. If you do not have a U.S. license with three years of driving history, you must hold a foreign license, be at least 21, and you will need to provide your passport and a photograph of your license;
  5. You must possess a mobile phone in your own name that the Owner can verify through text message;
  6. You cannot have any major driving violations on your driving record in the last 10 years;

Should Renter misrepresent, defraud, or breach the foregoing requirements, they shall be liable for any and all damage and harms that may arise from their conduct. Further, their account may be suspended without warning.

9.Additional Parties

 

URentMe is aware that oftentimes Renters want to include friends, family, and other licensees onto the rental of RE. However, the Renter must add such person(s) onto the insurance policy, discussed at Section 16) and the following terms and conditions shall apply:

  1. Any additional operator listed under the insurance policy may pick up and sign for Rental Equipment on behalf of the Renter;
  2. They will be required to present their driver's license to the owner at time of rental pick up for validation of identity;
  3. The Renter is responsible for all damages of each additional operator as though they were you under these Terms;
  4. The Renter is responsible to show Additional Operators safe operations and care for Rental Equipment;
  5. Renter is responsible to ensure operators obey all local, state and federal laws during operation of Rental Equipment;
  6. If no additional operators were added to the insurance policy, then the Renter shall be the only authorized operator.

Under no circumstances shall Renter waive nor forfeit responsibility and liability for the actions of additional operators.

Further, should any unauthorized person utilize the RE, Renter shall be solely liable for any damage or harm caused. In such instance the insurance policy will be null and void. URentMe, the Owner of the RE, and any and all other parties of interest may hold Renter liable.

10.Account Registration

 

In order for an Owner to access certain features of the Services, and to create a Listing, the Owner must register to create an account (“URentMe Account”) and become a Member. The Owner may register to join the Services directly via the Services or as described in this section.

The Owner can also register to join by logging into your account with certain third-party social networking sites (“TPA”) (including, but not limited to, Facebook, Twitter, Google Plus, and Instagram). Each such account will be designated a “Third Party Account”, via our Services, as described below. As part of the functionality of the Services, you may link your URentMe Account with Third Party Accounts, by either: (i) providing your Third-Party Account login information to URentMe through the Services; or (ii) allowing URentMe to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to URentMe and/or grant URentMe access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating URentMe to pay any fees or making URentMe subject to any usage limitations imposed by such third-party service providers. By granting URentMe access to any Third-Party Accounts, you understand that URentMe will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“TPA Content”) so that it is available on and through the Services via your URentMe Account and URentMe Account profile page. Unless otherwise specified in these Terms, all TPA Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your URentMe Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or URentMe ’s access to such Third-Party Account is terminated by the third-party service provider, then TPA Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your URentMe Account and your Third-Party Accounts, at any time, by accessing the “Account” section of the Site and Application.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

URentMe makes no effort to review any TPA Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and URentMe is not responsible for any TPA Content.

We will create your Owner URentMe Account profile page for your use of the Services based upon the personal information you provide to us or that we obtain via a TPA as described above. You may not have more than one (1) active URentMe Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. URentMe reserves the right to suspend or terminate your Owner URentMe account and your access to the Services if you create more than one (1) URentMe Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your URentMe Account, whether or not you have authorized such activities or actions. You will immediately notify URentMe of any unauthorized use of your URentMe Account.

11.RE Listings

 

As an Owner and Member, you may create Listings. To this end, you should include a number of features of the RE to be listed, including, but not limited to, the value, location, size, features, pricing, related rules, financial terms, and availability of the RE. You acknowledge and agree that Listings will be made publicly available via the Services. Other Members will be able to contact you to rent your RE based upon the information provided in your Listing without any URentMe involvement.

Owner acknowledges and agrees that he/ she is responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Renter use of, an RE in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any RE included in a Listing you post, including, but not limited to, insurance requirements, Department of Motor Vehicle regulations, zoning laws, and laws governing rentals and operation of REs and (b) not conflict with the rights of third parties. URentMe assumes no responsibility for an Owner’s compliance with any applicable laws, rules and regulations. URentMe is not responsible for any damages to RE advertised for rental through our site and you will hold URentMe harmless for any claims related to damages, injury, insurance claims, towing, service or repairs, tolls, fines, traffic violations. URentMe reserves the right, at any time and without any prior notice, to remove or disable access to any Listing for any reason, including Listings that URentMe, in its sole discretion, considers to be objectionable for any reason, is in violation of these Terms, or is otherwise harmful to the Services.

You understand and agree that URentMe does not act as an insurer or as a contracting agent for you as an Owner. If a Renter requests a booking of your RE and uses your RE, any agreement you enter into with such Renter is between you and the Renter and URentMe is not a party thereto.

When Owner creates a Listing, you may also choose to include certain requirements which must be met by the Renters who are eligible to request a booking of your RE, including, but not limited to, requiring Renters to have a profile picture or verified phone number, in order to book your RE. Any Renter wishing to book a RE included in Listings with such requirements must meet these requirements; however, as noted below, URentMe will not attempt to confirm or verify such information.

In the event a Renter permits an unauthorized party to utilize the RE that you, the Owner, rented, the insurance will be null and void. By renting your RE you explicitly assume and accept the risk of impropriety by the Renter. In the event Renter voids the insurance, your sole recourse shall be to look to Renter for recovery of any and all damages.

You acknowledge and agree that, as an Owner, you are responsible for your own acts and omissions.

12.Renter Terms

 

The following Terms are applicable specifically to Renters who create an account, reserve RE, and utilize such RE:

USE OF OFF-ROAD, RECREATIONAL VEHICLES AND VESSELS IS INHERENTLY DANGEROUS. YOU ASSUME ALL RISKS.

You must take reasonable care of the Rental Equipment which includes the following items:

  • Renters are prohibited from using the RE for racing, stunting, any illegal activities, or carrying passengers above the manufactures or owners stated number of acceptable passengers.
  • Rental Equipment is intended for personal use only and cannot be used for commercial or for-hire purposes.
  • RE must be kept clean and in the same condition it was picked up from Owner.
  • Do not operate the Rental Equipment in inclement weather.
  • Do not use the Rental Equipment for illegal or dangerous activities.
  • Do not use the Rental Equipment for contests, exhibitions, or races.
  • Please return the Rental Equipment on time and with a full tank of gas and fluids, unless otherwise stated by the Owner in the Rental Inspection form.
  • No Pets will be allowed in vessels, vehicles or trailers unless owner has stated they will allow pets.
  • No Beaching of vessels. Boats and Jet Skis must be anchored or docked when not in use.
  • All vessels are to be used only in inland and coastal waters of the continental U.S. Navigation not to exceed 12 miles from nearest shoreline and not to exceed 2 miles from shoreline for manually powered vessels or watercraft.
  • Renters must remove any Keys from the vehicles and vessels when not in use and take cautionary measures to prevent any damage or theft while not in use.
  • Renters shall, when there is theft, misplacement, or destruction of RE, notify the Owner and the authorities promptly. In such instances, Renters shall be fully liable for such theft, misplacement, or destruction of RE.
  • Renters cannot operate Rental Equipment while under the influence of any drugs or alcohol.
  • Renters shall not permit unauthorized users (defined as parties not on the insurance policy) to use the RE in any manner.

Late Fee: Renter will be given a 30-minute grace period for returning RE. Without limiting any other remedies available to URentMe or Owner, after 30 minutes, late fees will be deducted from your deposit or charged to your credit card as stated in the Fees Policy. Such policy is hereby incorporated by reference herein.

Failing to show for scheduled Rental will be considered a cancellation. Please see Cancellations and Refunds. Such policy is hereby incorporated by reference herein.

In the event of an accident or damage to the Rental(s), the renter will, within twenty-four (24) hours following such accident, furnish to URentMe a full report thereof, and will (to the extent required by law) report the accident to the Department of Motor Vehicles of the relevant state.

URentMe and the undersigned Owner are not responsible for the loss of any article left in a Rental(s) or for damage to any articles while the Rental(s) is in operation.

The Renter is solely liable for all parking tickets, citations, and other violations that occur during the rental period, including all fees resulting from such violations. It is your sole responsibility to pay these fees in a timely manner and to comply with all legal obligations that arise from any such violations, including being responsible for costs associated with retrieval of impounded Rental(s) Equipment. If you do not pay such fees in a timely manner, URentMe reserves the right to deduct from your deposit or charge your credit card any fees (including administrative costs or legal fees) required to release the Rental(s) Equipment from any citations, violations or impounds.

Renters are not allowed to make any modifications to the Rental Equipment. This includes but is not limited to painting, placing stickers, adding mechanical or non-mechanical devices or placing advertising materials anywhere on the rental without owners’ consent.

SAFETY EQUIPMENT

You are responsible for all necessary or required personal safety equipment. Please check your local, state and federal safety requirements before operating the Rental Equipment.

  1. You must supply your own safety equipment, helmet (D.O.T. or Snell-rated), life vest, personal floatation device (PFDs), boots, gloves, goggles, jacket, compass, GPS, and first aid kit.
  2. You may make prior arrangement to borrow the Owner's safety equipment, but the Owner is not required to provide safety equipment. Do not wait until the last minute to see if everything fits!
  3. You are responsible for all passengers of the Rental Equipment. All passengers must wear necessary and properly fitting safety equipment.

WEATHER CONDITIONS

It is your responsibility to evaluate and determine if weather conditions permit the safe operation of the Rental Equipment. You will need to monitor the weather forecast, visibility, fog, tides, storms and wind predictions. No one should operate a boat or personal watercraft in rain, fog, mist or during a lightning storm.

The Renter assumes all risks of loss or damage to the Rental Equipment from any cause, including damage caused by an unforeseen and uncontrollable natural event, and agrees to return the rental equipment in the condition received from the Owner, with the exception of normal wear and tear which is determined by the Owner or URentMe.

Both Owner and Renter agree to and acknowledge that by posting a listing or reserving a rental you are indicating that you have read, understand and agree to be bound by these Terms and Conditions.

13.No Endorsement

 

URentMe does not endorse any Owners or any RE’s. Additionally, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity or other information provided by such Member. You are responsible for determining the identity and suitability of others who you contact via the Services. URentMe will not be responsible for any damage or harm resulting from your interactions with other Members, Owners or Renters.

By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members, Owners, Renters or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from URentMe with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Services regarding any bookings or Listings made by you. “Limitation of Liability”.

14.Payment to URentMe for Advertising Owner Listings

 

URentMe charges fees to the RE Owners for advertising the Owners Listings on the URentMe platforms. Such fees may vary according to the type and number of RE’s, the period of advertising, the level of featured listing, and other criteria at the sole discretion of URentMe If we update or make changes to these fees at any time we’ll notify Owners via email and provide you immediate access to the changes through the website, prior to implementing such fees. When the Owner does not pay URentMe’s ongoing advertising fees, the Owner’s Listing will be removed from URentMe’s platforms until such time that payment to URentMe is resumed. Where applicable, Taxes may also be charged in addition to the Owner advertising fees.

15.Bookings and Financial Terms for Renters

 

The Owners are solely responsible for honoring any confirmed bookings and making available any RE’s reserved with them. If you, as a Renter, choose to enter into a transaction with an Owner for the booking of a RE, you agree and understand that you will be required to enter into an agreement with the Owner and you agree to accept any terms, conditions, rules and restrictions associated with such RE imposed by the Owner. You acknowledge and agree that you, and not URentMe, will be responsible for performing the obligations of any such agreements, that URentMe is not a party to such agreements, and that URentMe disclaims all liability arising from or related to any such agreements.

16.Security Deposits

 

RE Owners customarily include a security deposit requirement in their Listings (“Security Deposits”). Security deposits will be charged to the Renter by Owners typically to cover the deductible for insurance claims related to damages that occur during the rental period. URentMe is not required to administer or accept any claims by Owners related to Security Deposits and reserves the right to disclaim any and all liability in this regard. Please see our Dispute & Resolution section for more information.

In the event of a claim or incident being filed, pursuant to the aforementioned Dispute & Resolution section, Renter may forfeit the entirety of their security deposit. As mentioned elsewhere herein, any invalid or improper chargeback shall open the Renter to treble damages.

Nothing herein shall prohibit nor deny Owners the right to pursue legal action against Renter for damages to RE in excess of the Security Deposit.

17.Insurance

 

When Renter rents RE from an Owner, such RE may be covered under a third-party insurance policy, which Renter must sign prior to reserving the RE. Renter must read the insurance paperwork thoroughly and completely and shall abide by the rules and restrictions placed on the RE by the insurance policy. The insurance policy does not cover use of RE by unauthorized users and should Renter permit such persons to utilize RE, it shall void the policy. In such instance Renter is solely and wholly liable for any and all damages.

18.Taxes

 

Owner understands and agrees that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. URentMe cannot and does not offer any Tax-related advice to any Members of the Site, Application and Services. Additionally, please note that each Owner is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or any obligations relating to applicable Taxes in Listings.

19.User Conduct

 

Users understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the URentMe Services and Content. In connection with your use of our Services, you may not and you agree that you will not:

  • use manual or automated software, devices, scripts, robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Services or Content;
  • use the Services for any commercial or other purposes that are not expressly permitted by these Terms;
  • copy, store or otherwise access any information contained on the Services or Content for purposes not expressly permitted by these Terms;
  • infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
  • use our Services in connection with the distribution of unsolicited commercial email (“spam “) or advertisements unrelated to lodging in a private residence;
  • stalk” or harass any other user of our Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a URentMe Renter or Owner;
  • offer, as an Owner, any RE that you do not yourself own or have permission to rent
  • offer, as an Owner, any RE that may not be rented pursuant to the terms and conditions of an agreement with a third party;
  • register for more than one URentMe Account or register for a URentMe Account on behalf of an individual other than yourself;
  • contact an Owner for any purpose other than asking a question related to a booking such Owner’s RE’s or Listings;
  • contact a Renter for any purpose other than asking a question related to a booking or such Renter’s use of the Site, Application and Services;
  • when acting as a Renter or otherwise, recruit or otherwise solicit any Owner or other Member to join third party services or websites that are competitive to URentMe, without URentMe’s prior written approval;
  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  • use automated scripts to collect information or otherwise interact with the Services;
  • as an Owner, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;
  • post, upload, publish, submit or transmit any Content that, in URentMe’s sole judgment: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
  • systematically retrieve data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
  • use, display, mirror or frame the Services, or any individual element within the Services, URentMe’s name, any URentMe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without URentMe’s express written consent;
  • access, tamper with, or use non-public areas of the Services, URentMe’s computer systems, or the technical delivery systems of URentMe’s providers;
  • attempt to probe, scan, or test the vulnerability of any URentMe system or network or breach any security or authentication measures;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by URentMe or any of URentMe’s providers or any other third party (including another user) to protect the Services or Collective Content;
  • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Collective Content to send altered, deceptive or false source-identifying information;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Collective Content; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.

URentMe will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. URentMe may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that URentMe has no obligation to monitor your access to or use of the Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. URentMe reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that URentMe, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.

20.Compliance with Laws and Law Enforcement

 

URentMe cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of URentMe  or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.

21.Text Messaging

 

By creating an Account, you agree that URentMe may send you informational text (SMS) messages as part of the normal business operation of your use of the URentMe platform. You may opt-out of receiving text (SMS) messages from URentMe at any time by texting the word STOP to TBD from the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the URentMe You acknowledge that standard text (SMS) message rates and fees may apply.

22.Privacy

 

See URentMe’s Privacy Policy for information and notices concerning URentMe’s collection and use of your personal information.

23.Ownership

 

The Services and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Services and Collective Content, including all associated intellectual property rights is the exclusive property of URentMe and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Collective Content.

24.URentMe Content and Member Content License

 

Subject to your compliance with these Terms, URentMe grants you a limited, non-exclusive, non-transferable license, to (i) access and view any URentMe Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by URentMe or its licensors, except for the licenses and rights expressly granted in these Terms.

25.Member Content

 

We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to URentMe a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Services or otherwise. URentMe does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

Member acknowledges and agrees that you are solely responsible for all Member Content that you make available through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to URentMe the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or URentMe ’s use of the Member Content (or any portion thereof) on, through or by means of the Services or otherwise will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

26.Links

 

The Services may contain links to third-party websites or resources. Users acknowledge and agree that URentMe is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by URentMe of such websites or resources or the content, products, or services available from such websites or resources. Users acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

27.Proprietary Rights Notices

 

All trademarks, service marks, logos, trade names and any other proprietary designations of URentMe used herein are trademarks or registered trademarks of URentMe Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

28.Feedback

 

URentMe welcomes and encourages you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). Users may submit Feedback through our support portal via a support ticket. You acknowledge and agree that all Feedback will be the sole and exclusive property of URentMe and you hereby irrevocably assign to URentMe and agree to irrevocably assign to URentMe all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At URentMe’s request and expense, Users will execute documents and take such further acts as URentMe may reasonably request to assist URentMe to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

29.Copyright Dispute Policy

 

URentMe respects copyright law and expects its users to do the same. It is URentMe’s policy to terminate in appropriate circumstances the URentMe Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see URentMe’s Copyright Dispute Policy for further information.

30.Termination and URentMe Account Cancellation

 

URentMe may, in its discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Services, and (b) deactivate or cancel a Member’s URentMe Account. In the event URentMe terminates these Terms, or your access to our Services or deactivates or cancels your URentMe Account, you will remain liable for all amounts due hereunder. You may cancel your URentMe Account at any time by contacting us via a support ticket. Please note that if your URentMe Account is canceled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback, nor to return to you any advertising fees already due and paid.

31.Disclaimers

 

IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT URENTME INC. DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, RENTERS AND OWNERS, BUT URENTME INC. MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, URENTME INC. EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. URENTME INC. MAKES NO WARRANTY THAT THE SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY RVS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. URENTME INC. MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, RE’s, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM URENTME INC. OR THROUGH THE SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OWNERS OR RENTERS. YOU UNDERSTAND THAT URENTME INC. DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR INSPECT ANY RE’S. URENTME INC. MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RENTERS AND OWNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

NOTWITHSTANDING URENTME INC.’S ADVERTISING OF THE OWNERS’ RE’S FOR THE PURPOSE OF SECURING RENTERS ON BEHALF OF THE OWNERS, URENTME INC. EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY RENTER OR OTHER THIRD PARTY.

32.Limitation of Liability

 

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF AND USE OF ANY RE’s VIA THE SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE SERVICES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER URENTME INC. NOR ANY OTHER PARTY AFFILIATED WITH URENTME SHALL BE LIABLE FOR THEFT, MISPLACEMENT, DESUTRCTION, OR OTHER LOSS AS MAY ARISE TO OWNER’S RECREATIONAL EQUIPMENT. URENTME SHALL NOT ACCEPT LIABILITY OR RESPONSIBILITY FOR ANY INJURY THAT MAY OCCUR ON SUCH RECREATIONAL EQUIPMENT OR AS MAY OCCUR WHEN RENTING THE RECREATIONAL EQUIPMENT. NEITHER URENTME INC.  NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE ADVERTISING OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT WITH AS A RESULT OF YOUR USE OF THE SERVICES, OR FROM YOUR LISTING, BOOKING, OR USE OF ANY RE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT URENTME INC.  HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

33.Indemnification

 

You agree to release, defend, indemnify, and hold URentMe and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Services or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking or use of a RE, (iii) creation of a Listing or (iv) the use, condition or rental of a RE by you, including, but not limited to any injuries, theft,  losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a RE.

34.Export Control and Restricted Countries

 

By using the Services, you represent and warrant that (i) neither you nor your listed RE is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. URentMe does not permit Listings associated with certain countries due to U.S. embargo restrictions.

35.Reporting Misconduct

 

If you interact with another user of the Services who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to URentMe  by contacting us with your police station and report number via a support ticket; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

36.Severability

 

Should any portion of these Terms be found to be unenforceable, illegal, or improper by a court of competence, such portion shall be (i) construed and read as narrowly as possible, if such narrow reading would permit the portion to remain valid; or, (ii) treated as though it had never been a part of these Terms, in which case the Terms shall be read with the invalid portion omitted. Under no circumstance shall an invalid portion of these Terms render the entire Terms herein invalid.

37.Assignment

 

You may not assign or transfer these Terms, by operation of law or otherwise, without   URentMe ’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. URentMe may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

38.Notices

 

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by URentMe (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

39.Controlling Law and Jurisdiction

 

These Terms will be interpreted in accordance with the laws of the State of Nevada and the United States of America, without regard to its conflict-of-law provisions. You and URentMe agree to submit to the personal jurisdiction of a state court located in Clark County, Nevada or a United States District Court for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.

40.Damages & Resolution

 

Per the insurance statement and these Terms, you accept full and total liability and assume any and all risk associated with the RE, including damages that may occur. You will be required to sign and acknowledge these risks and the acceptance of your assumption of risk when placing a reservation for RE.

In instances where the owner of RE knows or should have known of an accident, vandalism, or any damages, they must file a report (hereinafter “Incident Report”). Such report shall state, at minimum, when the damage was discovered, how, and if the renter told the owner how the damage occurred. The Incident Report shall be utilized in the event of a claim.

URentMe may demand any DMV or police report be provided that provides further information for any claim.

Any statement given by the owner and/or the renter, whether in writing or orally, shall be notated by URentMe personnel and shall be included as part of the file.

The owner of RE has 14 calendar days to file a complaint and claim regarding damage to the RE that you rented and used. Any damage caused by yourself, your guests, your friends, your licensees, or any other party that handled the RE while the RE was rented to you, is your sole responsibility and liability.

Prior renting any RE the owner of such RE is required to take pictures of the RE in order to establish a baseline condition. Upon filing a claim, they shall provide additional documentation by video or picture. We will also request documentation demonstrating the sum total of all damage(s) and a bill from a shop, mechanic, or other qualified entity that may return the RE to the condition it was in prior the damage occurring (this shall form a “Verified Claim”).

We will then notify you of the Incident Report, Verified Claim and the deduction that will be made accordingly from the deposit. A copy of the estimates, invoices, or other items will be provided. Verified Claims will not be subject to adjustment and if you perform a ‘charge back’ or wrongfully dispute your credit card in order to dodge the repercussions of your actions, URentMe will reserve the right to litigate the matter accordingly and seek treble damages.

URentMe’s insurance shall not provide coverage for use by unauthorized persons and any claim wherein a party acknowledges an unauthorized person was utilizing the RE at the time of the damages shall render the claim null and void.

URentMe strives to remain neutral in any dispute and will not take a side. When you pick up RE you are encouraged to take such pictures so as to verify the RE is intact, and take the same pictures when dropping off. Such images must show a date of creation and must not be altered in any manner, or they will be presumed to be fraudulent creations.

41.Dispute Resolution

 

You and URentMe agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services (collectively, “ Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. YOU ACKNOWLEDGE AND AGREE THAT YOU AND URENTME INC. ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Furthermore, unless both you and URentMe otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org and a separate form for California residents at http://adr.org.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Nevada and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure. Unless you and URentMe otherwise agree, the arbitration will be conducted in the Clark County in the State of Nevada. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and URentMe submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. URentMe will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $200,000, URentMe will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes. Notwithstanding the provisions of the “Modification” section above, if URentMe  changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (via a support ticket within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of URentMe ’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and URentMe in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

42.Waiver

 

The failure of URentMe to enforce any right or provision of these Terms will not constitute a waiver of the future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of URentMe Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Entirety of Terms & Conditions

These Terms constitute the entire and exclusive understanding and agreement between URentMe and you regarding the Services, Collective Content, and any bookings or Listings of RVs made as a result of reading our advertising, and these Terms supersede and replace any and all prior oral or written understandings or agreements between URentMe and you regarding the foregoing. Such exhibits that shall be considered a part of these Terms and Conditions shall include any and all insurance documents and requirements that are provided to you when renting RE, our Privacy Policy, and such additional documents as may be presented to you from time to time for acknowledgement.