Terms and Conditions Of Use
These terms and conditions (the “Agreement”) are a legal agreement between you (“You” or “Your”) and Rent Luggage.com, with corporate offices at 7271 Lindell Blvd, St. Louis, MO 63130 (“Rentluggage.com,” “we,” “us,” or “our”), establishing terms and conditions under which You use our website via our website at www.Rentluggage.com (the “Website”).
1. General; Rental Not Purchase; Adult Agreement Required.
2. Our Commitments to You- Limited Warranty
- Services. On our Website, we offer various Services to assist You in selecting a Rental Product and for sale Products. Our Services are provided “AS IS” without guarantee as to results.
- Misuse: Our Commitments do not extend to any losses or damages due to misuse, accident, abuse, neglect, negligence, unauthorized modification or alteration, use beyond rated capacity, unsuitable environmental conditions, improper installation, repair, handling, maintenance or application or any other cause not the fault of Rentluggage.
4. Your Commitments to Us; Payment of Retail Value.
- Removal. We reserve the right to terminate your right to rent Products from us at any time in the event of Your breach of this Agreement or for no reason or any other reason in our discretion.
- Email. We will use the preferences and orders You provide on our Website to send You e-mails and other marketing materials for other Products. You may opt out of receiving those e-mails by emailing firstname.lastname@example.org or following the links provided at the bottom of those e-mails when available.
5. Details on Our Commitment to You- Limited Warranty.
- Limited Warranty. The limited warranties set forth in Section 3 apply only to You, may be acted upon only by You, and may not be assigned, sold or transferred to any third party. No warranties are granted other than as set forth in Section 3. Our warranty herein shall not apply to any matters arising from violation of Your commitments set forth in Section 4 of this Agreement.
- Remedies. Your sole and exclusive remedy and Rentluggage.com’s sole and exclusive liability for a breach of Rentluggage’s limited warranty shall be at Rentlugagge’s option. Rentluggage’s options shall be limited to replace the non-conforming Product in a timely manner, repair the non-conforming Product, or a refund of Your Purchase Fee (excluding insurance and delivery charges).
- Disclaimers. THIS LIMITED WARRANTY IS IN LIEU OF ANY OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) WITH RESPECT TO THE PRODUCTS, THE SERVICES RELATED THERETO OR THE USE OR RESULTS OF THE PRODUCTS OR SERVICES.
6. Limitation of Liability.
- No Indirect Damages. IN NO EVENT SHALL RENTLUGGAGE.COM (OR ITS SUPPLIERS OR LICENSORS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES, OR FOR LOSS OF PROFITS OR LOSS OF USE DAMAGES, ARISING OUT OF THE PRODUCTS OR SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF RENTLUGGAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
- Limited Direct Damages. RENTLUGGAGE.COM (AND ITS SUPPLIERS’ AND LICENSORS’) AGGREGATE LIABILITY ARISING OUT OF PRODUCTS AND SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE APPLICABLE RENTAL FEES PAID BY YOU FOR THE APPLICABLE PRODUCT AND/OR SERVICE.
- Use of Results at Your Risk. YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY FOR ANY CLAIMS AGAINST YOU AND/OR DAMAGES ARISING FROM USE OF THE PRODUCTS DURING YOUR RENTAL PERIOD.
- Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you. This limited warranty gives you specific legal rights and you may also have other rights which vary from state to state.
This Agreement constitutes the entire agreement between You and Rentlugggage.com with respect to the subject matter hereof and is the final, complete, and exclusive statement of the terms of the Agreement, superseding all prior written and oral agreements, understandings and undertakings with respect to the subject matter hereof. Modifications may be made only by Rentluggage.com. We reserve the right to terminate or amend this Agreement at any time for any or no reason, effective upon notice to You of such termination or amendment. The waiver of any term or condition or any breach thereof shall not affect any other term of condition of this Agreement. The Agreement shall be governed by and construed in accordance with the laws of the State of Missouri, excluding its conflicts of laws principles. You shall not assign this Agreement without Rentluggage.com’s prior written consent. Termination of this Agreement will not relieve You of any payment obligations hereunder. Sections 1, 2, 3, 4, 5, 6 and 7 shall survive this termination of this Agreement according to their terms. If any provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of any authority having jurisdiction over this Agreement, the validity of the remaining portions or provisions hereof shall remain in full force and effect. Rentluggage.com shall not be liable for failure to perform any of its obligations hereunder by reason that are beyond its reasonable control, including, without limitation, fire, earthquake, interruptions in supply, other natural disaster, war embargo, and/or riots or acts of terrorism.
In the event a dispute shall arise between the parties to this contract, it is hereby agreed that the dispute may be referred to a Missouri USA&M office for arbitration in accordance with the applicable United States Arbitration and Mediation Rules of Arbitration at Rentluggage.com discretion. If Rentluggage.com decides to arbitrate, the arbitrator’s decision shall be final and legally binding and judgment may be entered thereon.
CLASS ACTION WAIVER: BINDING ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS YOU MAY NOT JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
8. NOTICE TO NEW JERSEY RESIDENTS. Your rights are protected under the Truth-in-Consumer Contract, Warranty and Notice Act and New Jersey law generally. The provisions in these Terms do not apply to you and are not intended to vary, diminish or alter your rights under New Jersey law: specifically, nothing in these Terms limits, varies, diminishes, affects, or otherwise voids or alters your rights under New Jersey law as they relate to the following: limitations of liability or exculpation (such as limitations on indirect, incidental, special, exemplary, consequential or similar damages); dispute resolution; indemnification; venue or jurisdiction; statutes of limitation or repose periods for bringing claims; plain language requirements; and warranties. Your rights regarding these specific provisions will be governed by New Jersey law. In the event of any conflict between these Terms and New Jersey law, New Jersey law shall govern.