1. Description
1.1 RenTrain is a portal to the rental industry and hosts interactive online sites on the World Wide Web ("Service") and may provide Subscribers with, among other things, (i) access to its RenTrain Site Software ("Software") to facilitate the creation and maintenance of sites for the rental of products; (ii) the listing of such sites in the RenTrain Rental Directory located at www.rentrain.com; and (iii) the listing of such products in the RenTrain product listings located at RenTrain; and (iv)access to the RenTrain product application and rental training software.
2. Subscriber Registration
2.1 You must be at least 18 years old to register for the Service. By accepting this Agreement, you represent that you meet this age requirement.
2.2 You agree to provide RenTrain with accurate and complete billing information including your legal name, address, and telephone number. All changes to this information must be reported to RenTrain within 30 days of the change.
3. Subscriber Information
3.1 RenTrain maintains information about Subscribers on RenTrain servers, including but not limited to Subscriber's account registration information, Subscriber's customer order information, sales information, and site statistic data ("Subscriber Information"). Subscriber agrees that RenTrain may use Subscriber Information in aggregate form (i.e., Subscriber Information is not individually attributable to the Subscriber) for marketing or other promotional purposes.
4. Subscriber Privacy
4.1 Subscriber shall receive a password from RenTrain to provide access to and use of the RenTrain Service. Subscriber is entirely responsible for any and all activities which occur under Subscriber's account and password. Subscriber agrees to keep its password confidential, to allow no other person or company to use its account, and to notify RenTrain promptly if Subscriber has any reason to believe that the security of its account has been compromised.
4.2 RenTrain reserves the right to reveal any Subscriber Information or other information in its possession in cooperation with a request or investigation by any governmental body or governmental agency.
5. Maintenance and Support
5.1 Subscriber can obtain assistance with any technical difficulty that may arise in connection with Subscriber's utilization of the RenTrain Service by requesting assistance by email to
support@rentrain.com. RenTrain reserves the right to establish
limitations on the extent of such support, and the hours at which it is available.
5.2 Subscriber is responsible for obtaining and maintaining all telephone, computer
hardware and other equipment needed for its access to and use of RenTrain Service and Subscriber shall be responsible for all charges related thereto.
6. Prohibition of publication of certain material
6.1 Client shall not knowingly or unknowingly submit to RenTrain for publication any of the following material (including pictures, links, or any other content):
(a) any material which violates or infringes any copyright, trademark, trade secret, patent, statutory, common law or other proprietary rights of others;
(b) any material that is libelous or slanderous;
(c) any material which is or contains anything obscene or pornographic.
(d) any material that advertises hard liquor, or tobacco products.
Any violation of the above conditions will result in termination of Subscriber's account. Due to the public nature of the Internet, all material submitted by Subscriber for publication will be considered publicly accessible. RenTrain does not screen in advance Subscriber's material submitted for publication. RenTrain's publication of material submitted by Subscriber does not create any express or implied approval by RenTrain of such material, nor does it indicate that such material complies with the terms of this Agreement.
7. Compliance with Law
7.1 Subscriber will use the services offered by RenTrain in a manner consistent with all applicable local, state and federal laws and regulations.
8. Fees
8.1 Current prices for RenTrain are posted on RenTrain's Rate Chart at
http://www.rentrain.com/rates.html. These prices may also be obtained by calling 970-353-0354. RenTrain reserves the right to change prices and institute new fees. RenTrain may change rates or institute new charges at any time upon 30 days prior notice. RenTrain does not issue pro rata fee refunds.
8.2 All such fees are payable in U.S. dollars to RenTrain and shall be charged on the first day of each month to the credit card number given to RenTrain at the time of registration or to such other credit card number which Subscriber shall so designate. Payments for all charges are due within 30 days of the month in which the charges are incurred. If your account is delinquent, your account may be suspended or canceled at RenTrain's sole discretion.
8.3 Interest charges of 1% per month (or the highest rate permitted by law if lower than 1% per month) will accrue daily on any unpaid balance which is more than 30 days old.
8.4 You agree to pay all sales and use taxes, duties, or levies which are required by law as well as all attorney and collection fees arising from efforts to collect any unpaid balance on your account.
8.5 If you believe that RenTrain has billed you in error, you must contact the Customer Service Department within 60 days of the invoice or transaction date of the charge. Refunds or adjustments will not be given for any charges which are more than 60 days old.
9. Term
9.1 This Agreement will commence on the Effective Date or upon the first use of the Service through your accout, whichever is first. If you are a current RenTrain member when this Agreement is activated, your continued use of the Service constitutes your acceptance of this Agreement. The term of this agreement is 1 (one) year unless negotiated separately.
10. Termination of Agreement
10.1 You may change or cancel your RenTrain account at any time by the following methods only: email at
support@rentrain.com; first-class registered or certified mail, return receipt requested addressed to RenTrain, Accounts Customer Service, PO Box 20550, Boulder, CO 80308; or telephone calls directed to Accounts Customer Service at 970-353-0354.
10.2 RenTrain may terminate this Agreement at any time without cause upon 30 days prior notice; or, immediately upon notice if you, or any person who has access to the Service through your account, commit a material breach of this Agreement, including but not limited to a failure to pay any charges within 60 days of the date they accrue.
10.3 Upon termination, RenTrain reserves the right to delete from its servers any and
all information contained in Subscriber's account, including but not limited to
order processing information, mailing lists, and any Web pages generated by the
Software.
10.4 Termination of this Agreement does not release you from the obligation to pay all accrued charges under this Agreement.
11. Licenses/Rights
11.1 RenTrain hereby grants Subscriber a non-exclusive, non-transferable license to use the Software in object code form only on a server controlled by RenTrain for the sole purpose of accessing, creating and maintaining Subscriber Web pages on such server. Subscriber is not being granted any right to copy the Software or to use it on computers other than a server controlled by RenTrain. Subscriber may not use Web pages or parts of Web pages generated by means of the Software, other than content that originates from and is proprietary to Subscriber, on any server other than the servers controlled by RenTrain without RenTrain's express written agreement. Subscriber also acknowledges and agrees that the Software is intended for access and use by means of web browsing software, and that RenTrain does not commit to support any particular browsing platform. RenTrain reserves the right at any time to revise and modify the Software, release subsequent versions thereof and to alter features, specifications, capabilities, functions, and other characteristics of the Software, without notice to Subscriber. If any revision or modification to the Software materially changes Subscriber's ability to conduct business, Subscriber's sole remedy is to terminate this Agreement.
11.2 Subscriber acknowledges and agrees that content available from RenTrain or the Service, including but not limited to text, software, music, sound, logos, trademarks, service marks, photographs, graphics, or video, is protected by copyright, trademark, patent, or other proprietary rights and laws, and may not be used in any manner other
than as specified in Section 11.1 above.
11.3 Subscriber agrees that by using the Service, Subscriber grants RenTrain, and its successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license under Subscriber's copyrights and other intellectual property rights, if any, in all material and content displayed in Subscriber's Store to use, distribute, display, reproduce, and create derivative works from such material in any and all media and display in any manner and on any RenTrain property the results of search queries and comparisons conducted on RenTrain, including, without limitation, searches conducted on RenTrain Service. Subscriber also grants RenTrain the right to maintain such content on RenTrain's servers during the term of the Agreement and to authorize the downloading and printing of such material, or any portion thereof, by endusers for their personal use.
11.4 Subscriber shall not attempt to gain unauthorized access to any servers controlled by RenTrain.
12. Disclaimer of Warrenties and Liabilities
12.1 THE SERVICE AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF PARTNERABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER THIS AGREEMENT OR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE OR THAT THE SOFTWARE WILL PROVIDE UNINTERRUPTED, TIMELY OR ERROR FREE SERVICE. THE SECURITY MECHANISM INCORPORATED IN THE SOFTWARE HAS INHERENT LIMITATIONS AND SUBSCRIBER MUST DETERMINE THAT THE SOFTWARE ADEQUATELY MEETS ITS REQUIREMENTS. SUBSCRIBER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT ITS OWN DISCRETION AND RISK AND THAT SUBSCRIBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. RENTRAIN, AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF RENTRAIN IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM SUBSCRIBER'S USE OR INABILITY TO USE THE SERVICES OR THE SOFTWARE, OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE OF THE SERVICES OR THE SOFTWARE. RENTRAIN'S LIABILITY TO SUBSCRIBER SHALL NOT, FOR ANY REASON, EXCEED THE AGGREGATE PAYMENTS ACTUALLY MADE BY SUBSCRIBER TO RENTRAIN OVER THE COURSE OF THE EXISTING TERM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
13. No Resale or Assignment of Service
13.1 Subscriber agrees not to resell or assign or otherwise transfer its rights or obligations under the Agreement without the express written authorization of RenTrain.
14. Indemnity
14.1 You agree to defend, indemnify, and hold RenTrain and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or arising from: any violation of this Agreement by you or those who access the Service through your account; AND, the use of the Service or the Internet and the placement or transmission of any message, information, software, or other materials on the Internet by you or by those who have access to the Service through your account.
15. Notices
15.1 Any notices or communications under the Agreement shall be by electronic mail
or in writing and shall be deemed delivered upon receipt to the party to whom
such communication is directed, at the addresses specified below. If to RenTrain,
such notices shall be addressed to sales@rentrain.com or PO Box 20550, Boulder, CO 80308, USA. If to Subscriber, such notices shall
be addressed to the electronic or mailing address specified when Subscriber opens
an account with RenTrain, or such other address as either party may give the
other by notice as provided above.
15.2 RenTrain reserves the right, in its sole discretion, to change, modify, add or remove all or part of the Agreement at any time. Subscriber will receive notice of such changes and/or modifications pursuant to Section 15 regarding notices.
