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Terms & Conditions

These Terms of Use (“Agreement”) apply to anyone utilizing the R2B web at www.rentstobuy.com, or an R2B application on any mobile device or other digital platform (collectively, “Platform”). This Agreement is a binding legal contract that governs the terms under which you are allowed to use the R2B Platform. The terms of this Agreement supersede any conflicting terms in any Listing (defined below) or other contractual arrangement for any items Listed for rent or sale.

1. The R2B Platform

The R2B Platform offers an online or digital venue that enables users (“Members”) to publish, offer, search for, and rent or offer to rent items listed (“Listed Items”). Members who publish and offer items for rent or sale are “Listers” (“Listers”) and Members who search for, rent, or offer to rent items are “Renters” (“Renters”). Listers may offer a number of Listed Items on the R2B Platform (each a “Listing”).

R2B provides access to the Platform and facilitates the transactions between Renter and Lister. R2B does not, however, own, control, offer or manage any Listings or Listed Items. R2B is not a party to the contracts entered into directly between Listers and Renters. R2B is not acting and shall not be construed as being an agent in any capacity for any Member.

R2B may modify this Agreement at any time. When R2B makes material changes, R2B will post the revised Agreement on the R2B Platform and update the “Last Updated” date at the top of the Agreement. R2B will also provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Agreement, you may terminate this Agreement immediately as provided in this Agreement. If you do not terminate your Agreement before the date the revised Agreement become effective, your continued access to or use of the R2B Platform will conclusively constitute acceptance of the revised Agreement.

2. Policies

R2B maintains other terms and policies that supplement this Agreement, such as its Privacy Policy, which describes R2B’s collection and use of personal data, and Prohibited Items Policy, which identifies items that cannot be listed or offered for rent on R2B, and its Electronic Communications Policy.

Our policies may be updated at any time, and you will be notified at the email address registered on your account. It is your responsibility to keep your account information up to date and to check your email regularly for communications from or concerning R2B.

R2B maintains other terms and policies that supplement this Agreement, such as its Privacy Policy, which describes R2B’s collection and use of personal data, and Prohibited Items Policy, which identifies items that cannot be listed or offered for rent on R2B, and its Electronic Communications Policy.

Renters and Listers must read the entire Agreement, as there are terms throughout that apply to both Renters and Listers.

3. How it Works for Listers

(i)

Account Creation. In order to create a Listing, a Lister must first create an account on the R2B Platform. The Lister must provide accurate and complete information in response to any form field required by R2B.

(ii)

Listings. Once a Lister has created an account, the Lister may create one or more Listings. Each item can only be offered under a single Listing. R2B may require a minimum list price. The Listing must include the name and category of Listed Item, listing price, availability, any required rules or terms of the rental, and any other information that R2B requires in its sole discretion. Listings must comply with the terms of this Agreement, all R2B policies, and any applicable laws and rules of any federal, state, or local government with jurisdiction.

(iii)

Prohibited Listing Conduct. LISTINGS MUST NOT CONTAIN ANY INFORMATION, AND LISTER IS PROHIBITED FROM ENGAGING IN ANY CONDUCT, THAT HAS POTENTIAL TO CIRCUMVENT OR DIRECT THE RENTER OFF THE R2B PLATFORM, SUCH AS LISTER DIRECT OR INDIRECT CONTACT INFORMATION OR ANY WEBSITE OR DIGITAL PLATFORM THAT IS NOT R2B. R2B has the right to recover from Lister the service fees that it would have been entitled to had the transaction proceeded on the R2B platform, including through offsets as described in Section 3.5. This is in addition to any other remedies that may be available to R2B. R2B’s right of recovery is joint and several with Renter and Lister.

(iv)

Contracting with Renters. If a Renter adds the Listing to Renter’s shopping cart and completes the check out, then the Lister will be notified of the pending offer. Once the Lister confirms the transaction, the Renter and Lister will be emailed a confirmation from R2B. When Lister confirms the transaction, Renter and Lister are directly entering into a contract with one another on the terms contained in the Listing (“Rental Agreement”). R2B reserves the right to cancel, terminate, or not process any transaction that does not comply with the terms of this Agreement in the sole discretion of R2B.

(v)

Payment & Offsets. Payment & Offsets. Lister agrees to pay R2B’s service fees and any applicable taxes of any taxing authority for each rental. All Rental payments will be processed exclusively through R2B. Lister agrees and authorizes and directs the payment processor to automatically deduct from any payment to Lister any amount owed to R2B as a result of the Rental. Lister directs that any such amount be paid over to R2B. R2B may delay payment to, withhold payment from, or offset against any amount owed to Lister for any amount that Lister owes to R2B as a result of any rental. The right to delay, withhold, or offset includes future amounts and amounts arising out of unrelated transactions.

(vi)

Escrow. For Rental transactions that include a deposit or escrowed amount, Lister shall comply with any and all laws, rules, and regulations applicable to holding such deposits or escrowed funds. R2B does not serve as an escrow agent. If a deposit or escrow is required, the payment for the deposit or escrowed funds will be processed separately so that R2B’s service fees are deducted from the non- escrowed funds.

(vii)

Independent Contractor. Lister is an independent contractor and not an employee, agent, partner, representative, or joint venturer with R2B.

(viii)

Legal Obligations. Lister is responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to any Listing. Lister must have any required licenses, permits, and registrations necessary to lawfully rent or offer for rent the Listed Item(s). R2B is not an agent for any Member and is not an escrow agent for the purposes of holding any security deposit. If the Lister requires a security deposit, then Lister will be required to hold the deposit according to any applicable laws and rules pertaining to such deposits.

(ix)

Sponsored Listings. R2B may offer and Lister may “Sponsor” a Listing by paying a fee. In the case of Sponsored Listings, R2B will use reasonable efforts to ensure that Sponsored Listings appear higher in the search results than non-Sponsored Listings for items in similar categories. There is no guarantee of any particular ranking or search results and no guarantee that Sponsoring a Listing will lead to more clicks, confirmed transactions, or other financial benefit to Lister. When a Listing is Sponsored, Lister authorizes R2B to charge any payment on file with R2B to satisfy the fees. Section 3.4 applies to any amounts owed to R2B for a Sponsored Listing.

(x)

No Refunds. Fees are non-refundable, even for Listings that are removed, delayed, omitted, cancelled, recategorized, reranked, or otherwise moderated. Fees are not refundable if a Renter cancels or terminates the Rental Agreement, whether or not the cancellation or termination is a breach of the Rental Agreement.

(xi)

R2B’s Discretion.  R2B reserves the right to refuse, cancel, terminate, or hide any Listing if, in R2B’s sole discretion, the Listing violates this Agreement, R2B’s policies, or applicable law.

3. How It Works for Renters

(i)

Searching Listings. Generally, Renters may search Listings by accessing the R2B Platform and browsing Listings by category or by using search terms. Sponsored Listings, if available, which Listers may pay to advertise, may appear at a higher rank than non-Sponsored Listings. Searching Listings does not require a R2B account. Each Listing should include the name and category of Listed Item, listing price, availability, any required rules or terms of the Rental, and any other information that R2B requires in the Listing.

(ii)

Renter Responsibilities. Renter is solely responsible to ensure that the Renter and any person or entity that uses the Listed Item(s) meet minimum age, proficiency, fitness, or other requirements to use the items. RENTER MUST NOT ATTEMPT DIRECTLY OR INDIRECTLY TO DO ANYTHING THAT HAS POTENTIAL TO CIRCUMVENT OR DIRECT THE LISTER OFF THE R2B PLATFORM, SUCH AS RENTER DIRECT OR INDIRECT CONTACT INFORMATION OR ANY WEBSITE OR DIGITAL PLATFORM THAT IS NOT R2B. R2B has the right to recover from Renter the service fees that it would have been entitled to had the transaction proceeded on the R2B platform. This is in addition to any other remedies that may be available to R2B.R2B’s right of recovery is joint and several with Renter and Lister.

(iii)

Prohibited Listing Conduct. LISTINGS MUST NOT CONTAIN ANY INFORMATION, AND LISTER IS PROHIBITED FROM ENGAGING IN ANY CONDUCT, THAT HAS POTENTIAL TO CIRCUMVENT OR DIRECT THE RENTER OFF THE R2B PLATFORM, SUCH AS LISTER DIRECT OR INDIRECT CONTACT INFORMATION OR ANY WEBSITE OR DIGITAL PLATFORM THAT IS NOT R2B. R2B has the right to recover from Lister the service fees that it would have been entitled to had the transaction proceeded on the R2B platform, including through offsets as described in Section 3.5. This is in addition to any other remedies that may be available to R2B. R2B’s right of recovery is joint and several with Renter and Lister.

(iv)

Independent Contractor. Lister is an independent contractor and not an employee, agent, partner, representative, or joint venturer with R2B. R2B is not Lister’s agent and shall be an escrow agent for any transaction between Renter and Lister.

(v)

Return of Rental Property. A Renter is generally expected to return Listed Items on or before the last day of the rental term. However, the return of Listed Items from Renter to Lister is governed by the Rental Agreement and other laws and rules applicable to the transaction. R2B is not a party to the Rental Agreement. Renter is aware that the failure to return any Listed Items at the time and in the condition provided for in the Rental Agreement may result in financial and legal consequences to Renter including forfeiture of Renter’s security deposit, if any.

3. General Terms and Conditions

(i)

Member Accounts.Member Accounts.You must register an account to access and use many features of the R2B Platform. Registration is only permitted for individuals who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the R2B Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to- date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify R2B if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to
(i) ask you to provide identification or other information,
(ii) undertake checks designed to help verify your identity or background,
(iii) screen you against third- party databases or other sources and request reports from service providers, and
(iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents

(ii)

R2B Not Responsible for Rental Agreement. R2B is not a party to and is not responsible for the Rental Agreement or for any action, dispute, claim or proceeding between Renter and Lister arising out of it or related to it.

(iii)

Actions on Complaints. Members may make R2B aware of issues that they have encountered with other Members on the R2B Platform or R2B may become aware of such issues on its own. R2B may investigate such claims and determine in its sole discretion the appropriate action, which may include no action, suspending, revoking, limiting, or placing conditions on a Member’s use of the R2B Platform, suspending or terminating one or more Listings, delaying or cancelling orders, issuing full or partial refunds, or such other action as R2B considers appropriate in its sole discretion.

(iv)

Refunds. If R2B issues a full or partial refund to any Renter for any reason, Lister shall fully reimburse and indemnify R2B according to the section below titled “Indemnification”. R2B may delay payment to, withhold payment from, or offset against any amount owed to Lister for any amount that Lister owes to R2B as a result of this section. The right to delay, withhold, or offset includes past, preset, and future amounts and amounts arising out of or related to unrelated transactions on the R2B Platform.

(v)

Content. Parts of the R2B Platform enable you to provide feedback, text, photos, audio, video, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant R2B a non- exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Content, without limitation. If Content includes personal information, our Privacy Policy describes how we use that personal information. Where R2B pays for the creation of Content or facilitates its creation, R2B may own that Content. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant R2B the rights described in this Agreement. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. R2B prohibits, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that R2B may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. R2B does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations. You agree not to display, "frame," make derivative works, distribute, license, or sell, content from R2B, excluding postings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post.

(vi)

R2B Platform Content. Content made available through the R2B Platform, including the domain name rentstobuy.com and the Rentstobuy name, logos, trademarks and other intellectual property may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of R2B and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the R2B Platform except to the extent you are the legal owner of that Content or as expressly permitted in this Agreement. Subject to your compliance with this Agreement, R2B grants you a limited, non- exclusive, non-sublicensable, revocable, non-transferable license to
(i) download and use the R2B application on your personal device(s); and
(ii) access and view the Content made available on or through the R2B Platform and accessible to you, solely for your personal and non-commercial use.

(vii)

Disclaimer of Warranties. R2B provides the R2B Platform and all content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example:
(i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Renter, Lister, Listed Item, Listing or third party;
(ii) we do not warrant the performance or non-interruption of the R2B Platform; and
(iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. The disclaimers in this Agreement applies to the maximum extent permitted by law. If Member has statutory rights or warranties R2B cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.

(viii)

Limitations of Liability. Neither R2B nor any other party involved in creating, producing, or delivering the R2B Platform will be liable for any incidental, special, 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
(i) this Agreement or any R2B policy or procedure,
(ii) the use of or inability to use the R2B Platform or any content on it,
(iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the R2B Platform, or
(iv) publishing, buying or renting items from a Listing, including the provision or use of Listed Items or services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not R2B has been informed of the possibility of such damage, even if a limited remedy set out in this Agreement is found to have failed of its essential purpose.

Except for our obligation to transmit payments to Listers under his Agreement, in no event will R2B ‘s aggregate liability for any claim or dispute arising out of or in connection with this Agreement, interactions between or among any Members, or use of or inability to use the R2B Platform, any content on it, or any Lister Service, exceed:
(A) to Renters, the amount you paid as a Renter during the 12-month period prior to the event giving rise to the liability,
(B) to Listers, the amount paid to you as a Lister in the 12-month period prior to the event giving rise to the liability, or
(C) to anyone else, one hundred U.S. dollars (US $100).

These limitations of liability and damages are fundamental elements of the agreement between you and R2B. If applicable law does not allow the limitations of liability set out in this Agreement, the above limitations may not apply to you.

(ix)

Indemnification. To the maximum extent permitted by applicable law, you agree to release, defend (at R2B’s option), indemnify, and hold R2B (including its affiliates, parents, subsidiaries, and R2B’s and their officers, members, managers, directors, agents, employees, representatives, successors, and assigns) 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:
(i) your breach of this Agreement (including any supplemental or additional terms that apply to a product or feature) or any other policies of R2B,
(ii) your improper use of the R2B Platform,
(iii) your interaction with any Member, your Listing, rental or purchase of a Listed Item, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use,
(iv) your failure, or our failure at your direction, to accurately report, collect or remit any taxes or fees imposed by any governmental authority or other taxing authority, or
(v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.

(x)

Governing Law & Jurisdiction. This Agreement, its interpretation and construction any action, claim or dispute arising out of or related to it will be governed in accordance with the laws of the State of Michigan and the United States of America, without regard to conflict-of-law provisions.

(xi)

Incorporation by Reference. R2B’s policies and other terms linked to herein apply to your use of the R2B Platform and are incorporated herein by reference, as they may be amended from time to time.

(xii)

Entire Agreement. This Agreement (including those items incorporated by reference) constitute the entire agreement between R2B and you pertaining to your access to or use of the R2B Platform and supersede any and all prior oral or written understandings or agreements between R2B and you. This Agreement does not and is not intended to confer any rights or remedies upon anyone other than you and R2B.

(xiii)

No Waiver. R2B’s failure to enforce any right or provision in these terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. 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 permitted under law.

(xiiv)

Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations her transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice eunder without R2B's prior written consent. R2B may without restriction assign,

(xv)

Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by R2B via email, R2B Platform notification, messaging service (including SMS and WeChat), or any other contact method we enable and you provide.

4. Dispute Resolution and Binding Arbitration

(i)

Resolution of Disputes. This Agreement, including its applicability, breach, termination, validity, enforcement or interpretation, and any and all actions, claims, damages, liabilities, or other disputes (collectively “Disputes”) arising out of or related to this Agreement, including your use of R2B or any transactions with R2B or its Members, shall be resolved according Michigan law, regardless of any conflict of laws analysis, and according this Section 6.

(ii)

Binding Arbitration. Except as may otherwise be expressly provided in this Section 6, if you have a Dispute with R2B, you must bring the Dispute against R2B exclusively through mandatory and binding arbitration administered by the American Arbitration Association (“AAA”).

(iii)

45 Days’ Notice as Condition Precedent to Arbitration. As a condition precedent to filing a claim for Arbitration, you must notify R2B of the Dispute at least 45 calendar days in advance of filing of the claim. You must attempt in good faith to negotiate a resolution to the Dispute during that 45-day period. If no mutually agreeable resolution is reached within the 45 days, then you may file a claim with the AAA.

(iv)

Contents of Notice. The notice of Dispute must contain the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. The notice must be sent to admin@rentstobuy.com (email dedicated to disputes).

(v)

Limitation on Time to bring Dispute. Any Dispute must be brought within 6 months from the date of the events giving rise to the Dispute or else will be irrevocably and permanently barred. Any claim or any Dispute outside the 6-month period shall be summarily dismissed. A Dispute will be considered timely if the notice of Dispute described in Section 6.4 is given within the 6-month period.

(vi)

Small Amounts in Controversy. If the amount in controversy is $5,000 or less, the parties agree to proceed solely on the submission of documents to the Arbitrator.

(vii)

Venue. Arbitration proceedings will take place in person in the Detroit, Michigan Metropolitan Area. Proceedings may proceed via remote technology if mutually agreed by the parties.

(viii)

Jury Trial Waiver. You acknowledge and agree that you are waiving the right to a trial by jury as to all Disputes.

(ix)

Class Action Waiver. You acknowledge and agree that, to the fullest extent permitted by law, you are waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class- wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless R2B agrees in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this Section 6.9 as to any Dispute or requested remedy, then that Dispute or requested remedy, and only that Dispute or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a Dispute or requested remedy is severed pursuant to this Section 6.9, then you and R2B agree that the Disputes or requested remedies that are not subject to arbitration will be stayed until all arbitrable Disputes and requested remedies are resolved by the arbitrator.

(x)

Changes or Amendments. If R2B changes this Section 6 after the date you last accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and R2B (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and R2B.