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PLEASE READ THESE TERMS OF USE AND CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.

Last Updated: May 22, 2012

recRent, LLc.. (hereafter referred to as "recRent", "we", "us", or "our") provides an online booking system that connects Rental Businesses who have recreational equipment to rent with customers/renters seeking to rent such recreational equipment (collectively, the “Services”), which Services are accessible at http://www.recrent.com and any other websites through which recRent makes the Services available (collectively, the “Site”) and as an application for mobile devices (the “Application”). By using the Site and Application, you agree to comply with and be legally bound by the terms and conditions of 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 Site, Application and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and recRent. Please read carefully these Terms and our Privacy Policy, which may be found at http://www.recrent.com/terms, 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 Site or Application. Failure to use the Site and Application in accordance with these Terms may subject you to civil and criminal penalties.

THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH RENTAL BUSINESSES (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR RECREATIONAL EQUIPMENT  (DEFINED BELOW) AND RENTERS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK RECREATIONAL RENTALS. YOU UNDERSTAND AND AGREE THAT RECRENTRECRENT IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN RENTAL BUSINESSES AND RENTERS, NOR IS RECRENT A REAL ESTATE BROKER, AGENT OR INSURER. RECRENT HAS NO CONTROL OVER THE CONDUCT OF RENTAL BUSINESSES, RENTERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY RENTAL EQUIPMENT, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

Key Terms
“recRent Content” means all Content that recRent 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 recRent Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Renter” means a Member who requests a booking of Recreational Equipment via the Site, Application or Services, or a Member who rents Recreational Equipment and is not the Rental Business for such Recreational Equipment.
“Rental Business” means a Member who creates a Listing via the Site, Application and Services.
“Listing” means Recreational Equipment that is listed by a Rental Business as available for rental via the Site, Application, and Services.
“Member” means a person who completes recRent’s account registration process, including, but not limited to Rental Business and Renters, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), 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 Site and Application (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 terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES , 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 THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. 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 such event, “you” and “your” will refer and apply to that company or other legal entity.

Modification
recRent reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees and Booking Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application 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 Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with 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 cease using the Site, Application and Services.

Eligibility
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the listing and booking of recreational vehicles and equipment (“Recreational Equipment”). Such Recreational Equipment is included in Listings on the Site, Application and Services by Rental Businesses. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book  Recreational Equipment or create a Listing, you must first register to create a recRent Account (defined below).
As stated above, recRent makes available a platform or marketplace with related technology for Renters and Rental Businesses to meet online and arrange for bookings of Recreational Equipment. recRent is not an owner or operator of a Rental Business, including, but not limited to, off road vehicles, RV’s, watercraft,  other vehicles or Recreational Equipment, nor is it a provider of rentals, including, but not limited to, off road vehicles, RV’s, watercraft, other vehicles or Recreational Equipment and recRent does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control rental equipment, including, but not limited to, off road vehicles, RV’s, watercraft, , other vehicles or Recreational Equipment or transportation or travel services. recRent’s responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited agent of each Rental Business for the purpose of accepting bookings from Renters on behalf of the Rental Business.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OFRECREATIONAL EQUIPMENT. RECRENT CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANYRECREATIONAL EQUIPMENT. RECRENT IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND RECREATIONAL EQUIPMENT. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE RENTER’S OWN RISK.

Account Registration
In order to access certain features of the Site and Application, and to book  Recreational Equipment or create a Listing, you must register to create an account (“recRent Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.

You can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your recRent Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to recRent through the Site, Services or Application; or (ii) allowing recRent 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 recRent and/or grant recRent 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 recRent to pay any fees or making recRent subject to any usage limitations imposed by such third party service providers. By granting recRent access to any Third Party Accounts, you understand that recRent will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your recRent Account and recRent Account profile page. Unless otherwise specified in these Terms, all SNS 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 recRent Account on the Site, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable or recRent’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your recRent Account and your Third Party Accounts, at any time, by accessing the “Settings” 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. recRent makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and recRent is not responsible for any SNS Content.

We will create your recRent Account and your recRent Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active recRent 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. recRent reserves the right to suspend or terminate your recRent Account and your access to the Site, Application and Services if you create more than one (1) recRent 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 recRent Account, whether or not you have authorized such activities or actions. You will immediately notify recRent of any unauthorized use of your recRent Account.

Recreational Equipment Listings

As a Rental Business, you may create Listings. To this end, you will be asked a variety of questions about the Recreational Equipment to be listed, including, but not limited to, the location, capacity, size, features, availability of the Recreational Equipment and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Recreational Equipment must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. Other Users & Members will be able to book your Recreational Equipment via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Renter requests a booking of your Recreational Equipment, the price for such booking may not be altered unless the Renter requests a modification to the booking.

You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Renter rents, Recreational Equipment 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 Recreational Equipment included in a Listing you post, including, but not limited to, renting laws and laws governing rentals of recreational vehicles and equipment and (b) not conflict with the rights of third parties. Please note that recRent assumes no responsibility for a Rental Business’ compliance with any applicable laws, rules and regulations. recRent reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that recRent, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

You understand and agree that recRent does not act as an insurer or as a contracting agent for you as a Rental Business. If a Renter requests a booking of your Recreational Equipment and rents your Recreational Equipment, any agreement you enter into with such Renter is between you and the Renter and recRent is not a party thereto. Notwithstanding the foregoing, recRent serves as the limited authorized agent of the Rental Business for the purpose of accepting bookings & payments from Renters on behalf of the Rental Business and is responsible for transmitting such payments to the Rental Business.

When you create a Listing, you may also choose to include certain requirements which must be met by the Users or Members who are eligible to request a booking of your Recreational Equipment, including, but not limited to, requiring Users or Members to have a valid credit card or payment method, in order to book your Recreational Equipment. Any User or Member wishing to book Recreational Equipment included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the “Rental Businessing” section of the Site, Application and Services.

If you are a Rental Business, recRent  does not provide any information pertaining to the User or Member before the booking of your Recreational Equipment. You acknowledge and agree that, as a Rental Business, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who rent or are otherwise present at the time of rental of the Recreational Equipment, excluding the Renter (and the individuals the Renter invites to use the  Recreational Equipment, if applicable.)

recRent recommends that Rental Businesses obtain appropriate insurance for their Recreational Equipment. Please review any insurance policy that you may have for your Recreational Equipment carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Renters (and the individuals the Renter invites to use the Recreational Equipment, if applicable) while using your Recreational Equipment.

No Endorsement

recRent does not endorse any Rental Business or any Recreational Equipment. In addition, although these Terms require Rentla Businesses to provide accurate information, we do not attempt to confirm, and do not confirm, any Rental Business’ or Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services. Except as provided in the recRent Rental Business Guarantee Terms and Conditions (“recRent Rental Business Guarantee”), which is an agreement between recRent and Rental Businesses, we will not be responsible for any damage or harm resulting from your interactions with other Users or Members. (Please see recRent’s Rental Business Guarantee Terms and Conditions at www.recrent.com/terms for information about the recRent Rental Business Guarantee.)

By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or Members or other third parties will be limited to a claim against the particular Users or 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 recRent with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Users or Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Rental Business against recRent regarding the remittance of payments received from a Renter by recRent on behalf of a Rental Business, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.

Bookings and Financial Terms

Bookings and Financial Terms for Rental Businesses
If you are a Rental Business and a booking is requested for your Recreational Equipment via the Site, Application and Services, you will be required to provide the rental of the recreational equipment as described in the booking to the Renter.. When a booking is requested via the Site, Application and Services, we will share with you (i) the first and last name, address, email, and phone number of the Renter who has requested the booking, (ii) also payment details will be accessible to the Rental Business through their Membership portal. , (iii) payment will also be received from the Renter to reserve the Recreational Equipment(iv) an email will be sent to the Renter with the confirmation of payments made and the Booking details included. . If you are unable to provide the Recreational Equipment as described in the Booking then any amount collected for the rental of the Recreational Equipment must be refunded to the Customer.  When  a booking is requested by a Renter, recRent will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.

The fees displayed in each Listing are comprised of the Recreational Equipment Fees (defined below) and the Renter Fees (defined below.) Where applicable, Taxes may be charged in addition to the Recreational Equipment Fees and Renter Fees. The Recreational Equipment Fees, the Renter Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Renter solely relating to a Rental Business’ Recreational Equipment are the “Recreational Equipment Fees”. Please note that it is the Rental Business and not recRent which determines the Recreational Equipment Fees. The Recreational Equipment Fee may include a individual fees, at the Rental Business’ discretion.

recRent charges a fee to Renters based upon a percentage of applicable Recreational Equipment Fees which are the “Renter Fees”. The Renter Fees are added to the Recreational Equipment Fees to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Listing. recRent will collect the Renter Fees at the time of bookingand will initiate payment of the Recreational Equipment Fees for the Rental Business for the Reserve or Total amount selected by the User or Member. The Balance Due will be handled solely by the Rental Business at the time of rental of the Recreational Equipment. recRent does not act as a Payment Agent for Rental Business
Each Rental Business is responsible to provide payment processor credentials through their Membership portal to collect and accept payment from Users or Members who make relevant bookings.  All Recreational Equipment Fees will be collected through the Rental Business and their chosen payment processor.  Renter Fees or Booking fees will be collected solely through recRent.  Any payment received through the Site, Application to the Rental Business shall be considered as a payment for the rental of the Recreational Equipment and the Rental Business will make the Recreational Equipment available to Renter in the agreed upon manner as the Rental Business has received the Recreational Equipment Fees. Each Rental Business agrees that in accordance with the cancellation policy selected by the Rental Business and reflected in the relevant Listing, (i) permit the Renter to cancel the booking and (ii) refund to the Renter that portion of the Recreational Equipment Fees specified in the applicable cancellation policy. In providing and initiating payment in behalf of the Rental Business recRent assumes no liability for any acts or omissions of the Rental Business.

Please note that recRent does not currently charge fees for the creation of Listings. However, you acknowledge and agree that recRent reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that recRent will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.

Bookings and Financial Terms for Renters
The Rental Businesss, not recRent, are solely responsible for honoring any confirmed bookings and making available any Recreational Equipment reserved through the Site, Application and Services. If you, as a Renter, choose to enter into a transaction with a Rental Business for the booking of an Recreational Equipment, you agree and understand that you will be required to enter into an agreement with the Rental Business and you agree to accept any terms, conditions, rules and restrictions associated with such Recreational Equipment imposed by the Rental Business. You acknowledge and agree that you, and not recRent, will be responsible for performing the obligations of any such agreements, that recRent is not a party to such agreements, and that, with the exception of its payment obligations hereunder, recRent disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that recRent is not a party to the agreement between you and the Rental Business, recRent acts to initiate payment on behalf of the Rental Business for the limited purpose of accepting payments from you on behalf of the Rental Business. Upon your payment of amounts to the Rental Business, recRent has no further payment obligation to the Rental Business.

Listings for Recreational Equipment will specify the Total Fees. If a requested booking is cancelled, any amounts collected by the Rental Business shall be refunded to such Renter by the Rental Business, depending on the selections the Renter makes via the Site and Application, and any pre-authorization of such Renter’s credit card will be released, if applicable. The Rental Business will be responsible any refunds for cancellations and for performing the obligations of any such agreements, recRent is not a party to such agreements.

You agree to pay recRent for the Booking Fees and the Rental Business for the Total Fees for any booking requested in connection with  recRent if such requested bookings are confirmed by the applicable Rental Business. In order to establish a booking you understand and agree that recRent, on behalf of the Rental Business, reserves the right, in its sole discretion, to (i) initiate payment or pre-authorization on behalf of the Rental Business via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting ( e.g. one euro or one British pound) to verify your credit card. RecRent will initiate payment on behalf of the Rental Business forthe Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Please note that recRent cannot control any fees that may be charged to a Renter by his or her bank related to recRent’s collection of the Total Fees, and recRent disclaims all liability in this regard.

In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to recRent, the Rental Business or their third party payment processors. You agree to pay the Rental Business and  agree to pay recRent for any confirmed bookings made as a User or Member of the Site or Application in accordance with these Terms by one of the methods described on the Site or Application – e.g. by PayPal or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by  the Rental Business and recRent or indirectly, via a third party online payment processor or by one of the payment methods described on the Site or Application. You also authorize the Rental Business to charge your credit card in the event of damage caused to Recreational Equipment as contemplated under “Damage to Recreational Equipment” below and for Security Deposits, if applicable. If you are directed to the Businesses or recRent’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

Security Deposits

Rental Businesses may choose to include security deposits in their Listings (“Security Deposits”). Each Listing will describe whether a Security Deposit is required for the applicable Recreational Equipment. If a Security Deposit is included in a Listing for a confirmed booking of Recreational Equipment,  the Rental Business may obtain a pre-authorization of the Renter’s credit card in the amount the Rental Business determines for the Security Deposit within a reasonable time prior to the Renter’s pick up at the applicable Rental Business’s specified location  All interactions related to Security Deposits are between Rental Business and the Renter and recRent will not be a party to such transactions. The Rental Business will be responsible any Security Deposits and for performing the obligations of any such agreements, recRent is not a party to such agreements. Also recRent is not responsible for administering or accepting any claims by Rental Business’ related to Security Deposits, and disclaims any and all liability in this regard.

Service Fees

In consideration for providing the Services, recRent collects service fees from Rental Business’ and Renters (“Service Fees”). Service Fees are made up of two (2) components: (i) Renter Fees and (ii) a fee that is charged to the Rental Business based upon subscription plans with relevant amounts specific to services provided (“Rental Business Fees”). Where applicable, Taxes may also be charged in addition to the Rental Business Fees. Rental Business Fees are collectedfrom the Rental Business depending on the specification of the subscription and the term of the subscription.Renter Fees are, as noted above, included in the Total Fees. Renter Fees will be collected by each individual Rental Business and Service Fees will be collected by recRent by
payment methods described on the Site or via the Application.  Except as otherwise provided herein, Service Fees are non-refundable.

General Booking and Financial Terms

Cancellations and Refunds
If, as a Renter, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after arriving at the Rental Business location to rent the Recreational Equipment, the cancellation policy of the Rental Business contained in the applicable Listing will apply to such cancellation. The Rental Business’ ability to refund the Recreational Equipment Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application.

If a Rental Business cancels a confirmed booking made via the Site, Services, and Application, (i) the Rental Business will refund the Recreational Equipment Fees for such booking to the applicable Renter within a commercially reasonable time of the cancellation although the Service Fee collected by recRent will not be refunded. If a Rental Business cancelled a confirmed booking and you, as a Renter, have not received an email or other communication from recRent, please contact recRent at http://www.recrent.com/contact.

Recurring Payments
In some instances, Renters may be required to make recurring, incremental payments toward the Total Fees owed for a confirmed booking before beginning his or her rental of the applicable Recreational Equipment (collectively, “Recurring Payments”). More information on Recurring Payments will be made available via the Site, Application and Services, if applicable. If Recurring Payments apply to your payment obligations for Total Fees owed for a confirmed booking, you authorize recRent, on behalf of the Rental Business, to initiate the collection of the Total Fees in the increments and at the frequency associated with the applicable Recurring Payments, identified on the Site, Application and Services.

Damage to Recreational Equipment
As a Renter, you are responsible for returning the Recreational Equipment in the condition it was in when you left with the rental. You acknowledge and agree that, as a Renter, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you allow to use, or otherwise provide access to, the Recreational Equipment. In the event that a Rental Business claims otherwise and provides evidence of damage, including but not limited to, photographs, you agree to pay the cost of replacing the damaged items with equivalent items or compensating the Rental Business for relevant damage. After being notified of the damage, the payment will be charged  and taken from the credit card on file in your recRent Booking. Rental Businesses also reserve the right to charge the credit card on file in your recRent Booking, or otherwise collect payment from you and pursue any avenues available in this regard, including using Security Deposits, in situations in which you have been determined, in the Rental Business’ sole discretion, to have damaged any Recreational Equipment, including, but not limited to, in relation to any payment requests made by Rental Business.. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Recreational Equipment to the applicable Rental Business.

Both Renters and Rental Businesses agree to cooperate and assist each other in good faith and provide each other with relevant information requested of each other in order to resolve any damage or claims relating to the Rental Equipment.  In the case of a dispute recRent will not participate as a mediator and all agreements, leases, and rental requirements must be enforced by the Rental Business and the resolution is solely left to the discretion of the Renter and the Rental Business.  In the case of a complaint regarding the misuse or abuse of the Site, Application, or the Services, the Renter or Rental Business can submit a complaint to recRent and they agree to provide any relevant information with respect to any investigation undertaken by recRent or a representative of recRent regarding use or abuse of the Site, Application or the Services.

User Conduct

You 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 Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not:

violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
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 Site, Application, Services or Content;
use the Site, Application or 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 Site, Application, 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 Site, Application or 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 Site, Application or 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 Site, Application or 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 Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an recRent Renter or Rental Business;
offer, as a Rental Business, any Recreational Equipment that you do not yourself own or have permission to rent as a rental or other property (without limiting the foregoing, you will not list Recreational Equipment as a Rental Business if you are serving in the capacity of a rental agent or listing agent for a third party);
offer, as a Rental Business, any Recreational Equipment that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;
register for more than one recRent Account or register for an recRent Account on behalf of an individual other than yourself;
contact a Rental Business for any purpose other than asking a question related to a booking, such Rental Business’s Recreational Equipment 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 Rental Business or other Member or User to join third party services or websites that are competitive to recRent, without recRent’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 Site, Application or Services;
use the Site, Application and Services to find a Rental Businesses or Renter and then complete a booking of an Recreational Equipment transaction independent of the Site, Application or Services in order to circumvent the obligation to pay any Service Fees related to recRent’s provision of the Services;
as a Rental Business, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor; or
post, upload, publish, submit or transmit any Content that: (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 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 Site, Application or 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 Site or Application, or any individual element within the Site, Services, or Application, recRent’s name, any recRent trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without recRent’s express written consent;
access, tamper with, or use non-public areas of the Site or Application, recRent’s computer systems, or the technical delivery systems of recRent’s providers;
attempt to probe, scan, or test the vulnerability of any recRent system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by recRent or any of recRent’s providers or any other third party (including another user) to protect the Site, Services, Application 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 Site, Services, Application 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 Site, Services, Application or Collective Content; or
advocate, encourage, or assist any third party in doing any of the foregoing.

recRent will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. recRent may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that recRent has no obligation to monitor your access to or use of the Site, Application, 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 Site, Application and 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. recRent reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that recRent, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

PrivacySee recRent’s Privacy Policy at http://www.recrent.com/terms and for information and notices concerning recRent’s collection and use of your personal information.

Ownership

The Site, Application, 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 Site, Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of recRent 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 Site, Application, Services, or Collective Content.

recRent Content and Member/User Content License

Subject to your compliance with the terms and conditions of these Terms, recRent grants you a limited, non-exclusive, non-transferable license, to (i) access and view any recRent Content solely for your personal and non-commercial purposes and (ii) access and view any Member or User 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 Site, Application, 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 recRent or its licensors, except for the licenses and rights expressly granted in these Terms.

Member/User Content

We may, in our sole discretion, permit Members or Users to post, upload, publish, submit or transmit Member/User Content . By making available any Member/User Content on or through the Site, Application and Services, you hereby grant to recRent 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 or User Content on, through, or by means of the Site, Application and Services. recRent does not claim any ownership rights in any such Member or User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member/User Content .

You acknowledge and agree that you are solely responsible for all Member/User Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member/User Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to recRent the rights in such Member/User Content , as contemplated under these Terms; and (ii) neither the Member/User Content  nor your posting, uploading, publication, submission or transmittal of the Member/User Content  or recRent’s use of the Member/User Content  (or any portion thereof) on, through or by means of the Site, Application and the Services 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.

Links

The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that recRent 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 recRent of such websites or resources or the content, products, or services available from such websites or resources. You 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.

Proprietary Rights Notices

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

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us at terms@recrent.com or through the “Contact” (www.recrent.com/contact) section of the Site and Application. You acknowledge and agree that all Feedback will be the sole and exclusive property of recRent and you hereby irrevocably assign to recRent and agree to irrevocably assign to recRent 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 recRent’s request and expense, you will execute documents and take such further acts as recRent may reasonably request to assist recRent to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Copyright Policy

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

Termination and recRent Account Cancellation

We may, in our 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 Site, Application and Services, and (b) deactivate or cancel your recRent Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event recRent terminates these Terms, or your access to our Site, Application and Services or deactivates or cancels your recRent Account you will remain liable for all amounts due hereunder. You may cancel your recRent Account at any time via the “Cancel Account” feature of the Services or by sending an email to terms@recrent.com. Please note that if your recRent Account is cancelled, 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.

Disclaimers

IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES YOU DO SO RENTERSAT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT RECRENT DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, RENTERS AND RENTAL BUSINESSESRENTERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, RECRENT EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. RECRENT MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY RENTAL EQUIPMENT , WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. RECRENT MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, RENTAL EQUIPMENT, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RECRENT OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR 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, ANY RENTAL BUSINESSESOR RENTERS. YOU UNDERSTAND THAT RECRENT DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY RENTAL EQUIPMENT. RECRENT 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 RENTAL BUSINESSES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY RECRENT. NOTWITHSTANDING RECRENT’S APPOINTMENT AS THE LIMITED AGENT OF THE RENTAL BUSINESSES FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM RENTERSON BEHALF OF THE RENTAL BUSINESS, RECRENT EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY RENTER OR OTHER THIRD PARTY.

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 SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY RENTAL EQUIPMENT VIA THE SITE, APPLICATION AND SERVICES, , AND ANY CONTACT YOU HAVE WITH OTHER USERS OF RECRENT WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER RECRENT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT 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 THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY RENTAL EQUIPMENT VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RECRENT 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.
 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to release, defend, indemnify, and hold recRent 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 Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member or User Content; (c) your (i) interaction with any Member or User, (ii) booking of  Recreational Equipment, (iii) creation of a Listing or (iv) the use, condition or rental of Recreational Equipment by you, including, but not limited to any injuries, 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 the Recreational Equipment.

Export Control and Restricted Countries

You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Site, Application and Services, you represent and warrant that (i) neither you nor your listed Recreational Equipment 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 Site, Application and Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. recRent does not permit Listings associated with certain countries due to U.S. embargo restrictions.

Reporting Misconduct

If you rent from a Rental Business 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, or (ii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to recRent by contacting us with your police station and report number at help@recrent.com; 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.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between recRent and you regarding the Site, Application, Services, Collective Content, and any bookings or Listings of Recreational Equipment made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between recRent and you regarding bookings or listings of Recreational Equipment, the Site, Application, Services, Collective Content.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without recRent’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. recRent 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.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by recRent (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.

Controlling Law and Jurisdiction

These Terms will be interpreted in accordance with the laws of the State of Arizona and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Maricopa County, Phoenix, Arizona 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.

Dispute Resolution

You and recRent 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 or use of the Site or Application (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 recRent 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. Further, unless both you and recRent 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/arb_med 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/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://adr.org/aaa/ShowPDF?doc=ADRSTG_004314.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California 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 recRent otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and recRent 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.

Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

Changes. Notwithstanding the provisions of the “Modification” section above, if recRent 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 (including by email to terms@recrent.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of recRent’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 recRent 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).

General

The failure of recRent to enforce any right or provision of these Terms will not constitute a waiver of 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 recRent. 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.

Contacting recRent

If you have any questions about these Terms or any App Store Sourced Application, please contact recRent at terms@recrent.com.