Rentwear Terms of Use

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­Rentwear, inc. (“Company,” “we,” “our,” or “us”) provides its Website (as defined below) subject to the following Terms of Use; which may be updated by company from time to time without notice to User.

These Terms of Use are entered into between you as the user (“User,” “you,” or “your”), and Company. The following terms and conditions, along with any documents expressly incorporated herein by reference, (collectively the “Terms of Use”), govern your access and use of all online activities.

Acceptance of Terms of Use

Website” means the website and various web pages owned or controlled by Company, located and accessible at the universal resource locator/address https://rentwear.com/. The Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. By accessing and/or using the Website, you accept and agree to be bound by these Terms of Use and our Privacy Policy (https://rentwear.com/privacy-policy), which is incorporated herein by reference. If User does not agree to be bound by these Terms of Use or any future Terms of Use, User should not use or access (or continue to use or access) the Website.

Changes to the Terms of Use

Company reserves the right to revise, update, modify or remove any part of these Terms of Use and/or our Privacy Policy. You agree to monitor the Website for any changes and agree that your continued use of the Website following the posting of any changes signals your understanding of and agreement to such changes. The date these Terms of Use were last modified is at the top of this page.

Links to Third Party Sites

The Website may contain certain content, feature, and/or links to other third-party websites (collectively the “Third Party Content“), not under the control of Company. You hereby acknowledge that Company is not responsible or otherwise liable for any Third Party Content, including without limitation any link contained within any Third Party Content, the acts or omissions of any Third Party Content provider, or any changes or updates to any Third Party Content. Your use of such Third Party Content may be subject to separate terms and conditions you are required to comply with. Company is not responsible for webcasting or any other form of transmission received from any Third Party Content. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the site or any association with its operators.

Prohibited Uses

As a condition of your use of the Website, you warrant to Company that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. You agree not to use the Website:

  • In any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website;
  • To obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website, including collecting information about other users of the Website;
  • In any way that violates any applicable federal, state, local or international law;
  • To transmit any advertising or promotional material or solicitation;
  • To transmit any material that contains software viruses, or any other code, program, or file designed to interrupt, destroy or limit the functionality of the Website or any computer software or hardware;
  • To impersonate any other person while using the Website;
  • To copy any of the material on the Website for any unauthorized purpose without the Company’s prior written consent;
  • To otherwise interfere with the proper working of the Website.

Company reserves the right to terminate your access to the Website in the event it determines, in its sole discretion, you do not comply with these Terms of Use, provide false or inaccurate information, or otherwise engage in conduct that would harm the Company’s rights or interest in the Website.

Use of Communication Services

The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services“), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
  • Conduct or forward surveys, contests, pyramid schemes or chain letters;
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  • Restrict or inhibit any other user from using and enjoying the Communication Services;
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent;
  • Violate any applicable laws or regulations.

The Company has the right, but not the obligation, to monitor the Website and Communication Services to determine compliance with these Terms of Use. The Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company further reserves the right to edit, refuse to post or to remove any information or materials, in whole or in part, submitted to or posted on the Website in Company’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of Company.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Materials Provided to Company or Posted on Website

The Company does not claim ownership of the materials you provide to us (including feedback and suggestions) or post, upload, input or submit to us (collectively “Submissions“). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Company, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of our businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that your Submission complies with  all applicable laws and does not infringe any copyright, trademark, property rights, rights of privacy or any other right of any third party. You further warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

The Company is free to use any Submission submitted by you to the Company and/or contained in any communication you may send to the Company. Any Submissions shall become and remain the property of Company. No compensation will be paid with respect to the use of your Submission, as provided herein. Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Company’s sole discretion.

Disclaimer

USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE WEBSITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; THAT THE WEBSITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE WEBSITE WILL BE COMPLETE, ACCURATE, TIMELY, OR AUTHENTIC. IF ANY CONTENT IS DOWNLOADED FROM OR UPLOADED TO THE WEBSITE, IT IS DONE AT YOUR SOLE RISK AND DISCRETION. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND. COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT ON THE WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, AUTHENTICITY, OR OTHERWISE.

Limitation of Liability

BY USE OF THE WEBSITE, YOU HEREBY ACKNOWLEDGE THAT ANY INFORMATION SENT OR RECEIVED DURING USE OF THE WEBSITE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OBTAINED BY UNAUTHORIZED PARTIES. YOU UNDERSTAND AND ACKNOWLEDGE FULL RESPONSIBILITY FOR USE OF THE WEBSITE AND THAT SUCH USE IS AT YOUR SOLE RISK AND DISCRETION; COMPANY, ITS AFFILIATES OR BUSINESS PARTNERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE WEBSITE, COMPANY’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, ANY LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT COMPANY, ITS AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, ILLEGAL, OR OTHERWISE INAPPROPRIATE OR OBJECTIONABLE CONDUCT OF ANY USER OF THE WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH COMPANY IS TO IMMEDIATELY DISCONTINUE USE OF THE WEBSITE. YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN SIX MONTHS (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATIONS MAY NOT APPLY.

Copyright and Trademark Notices:

All trademarks, logos, and service marks displayed on the Website are registered and unregistered trademarks of Company, its affiliates, suppliers and/or third parties. You may not use such marks without the prior written consent of Company. All contents and elements of the Website, including text, graphics, logos, designs, photographs, sound, video, software and data compilations are protected by United States and international copyright law and are the property of Company, its affiliates, suppliers and/or third parties. Company reserves all rights not expressly granted in and to the Website and its content.

Notification of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Company’s Designated Agent (identified below). If you believe that a work you own that is protected by copyright law has been used in a way that constitutes copyright infringement and such infringement is occurring on the Website, please provide Company’s Designate Agent (identified below) with the following information:

  • Your full name, address, telephone number and email address;
  • A physical or electronic signature of the trademark/copyright owner or the person authorized to act on the owner’s behalf;
  • Identification of the copyrighted work you claim is being infringed;
  • Identification of the material you claim is infringing and its location;
  • A statement that you have a good faith belief that the disputed use of the copyrighted work is not authorized by you, as the copyright owner, or the law; and
  • A statement, under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Designated Agent:

Name: Connor Clay

Address: Rentwear Inc.

7499 Whipple Ave NW

Canton, OH 44720

Phone: 330-494-5776

Fax: 330-494-4852

Email: connor.clay@rentwear.com

The Designated Agent should be contacted only for the purpose of notifying the Designated Agent that your work has been used or copied in a manner that constitutes copyright infringement and such infringement is occurring on the Website. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

Indemnification

You agree to indemnify, defend and hold harmless Company and its affiliates, and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from use of the Website and any violation of these Terms of Use. If technical disruption of the Website or the systems supporting the Website occurs due to your action or inaction, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Company reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification and, in such case, you agree to cooperate with Company in defense of such matter.

Jurisdiction

The Website is controlled by Company from its offices located within the United States of America. Company is an Ohio corporation, and the Website has been designed to comply with the laws of the United States. The laws of the State of Ohio govern these Terms of Use and use of the Website. If the Website is accessed from a location outside of the United States, it is done at your sole risk and discretion with the understanding that laws applicable in a foreign location may not be applicable to the Website. Enforcement and/or any action related to enforcement of these Terms of Use are governed by the jurisdiction of courts located in the State of Ohio.

You hereby consent to the exclusive jurisdiction and venue of courts in Stark County, Ohio, and any controversy or claim arising out of or relating to the Website or these Terms of Use, or the breach thereof shall be settled in the appropriate court located in Stark County, Ohio.

Entire Agreement

These Terms of Use along with any posted agreements, policies or operating rules constitute the entire understanding of Company and you regarding the use of the Website and supersede any prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to the Website.

Severability

If any provision of these Terms of Use is unlawful, void or unenforceable, the remaining provisions of these Terms of Use shall remain in full force.

No Assignment 

You and the persons you represent may not assign this Agreement or the rights and obligations under this Agreement without the express prior written consent of Company, which may be withheld in Company’s sole discretion. Company may assign this Agreement and its rights and obligations under this Agreement without your consent or the consent of any persons you represent.