Last Updated: September 14, 2017
PLEASE READ THE FOLLOWING TERMS OF SERVICE (“TERMS”) CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT AND YOU SHOULD BE AWARE OF YOUR RIGHTS AND OBLIGATIONS.
PROVISION 25 IS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR OPTIONS TO RESOLVE DISPUTES WITH RENT MY WARDROBE (“RMW”). PLEASE READ IT BEFORE AGREEING TO THESE TERMS.
By accessing or using RMW’s website, app or services, or associated features and content offered by RMW (collectively, “Services”), you are manifesting that you agree to be bound by these Terms and the incorporated policies. IF YOU DO NOT AGREE WITH THESE TERMS, YOU DO NOT HAVE PERMISSION TO ACCESS OR USE RMW’S SERVICE OR THE ASSOCIATED WEBSITE, APP OR THEIR FEATURES, FUNCTIONS OR TOOLS.
To help you understand the Terms, a summary of the major points is listed below:
This summary does not replace the Terms, and you should read the Terms in their entirety
Rent My Wardrobe is an online service to facilitate listing and renting of clothing, apparel or other accessories that may be listed on the Service (collectively, “Products”). A Product is listed on the Service (a “Listing”) by a RMW registered user that owns the Product (an “Owner”). In general, Products can be viewed by any user of the Service (each, a “User”), but may be rented only by a User that has created an account (a “Member”). A Member that rents a Product from an Owner is a “Renter.” Unregistered Users may view Listings but must register as a Member to request a Fitting or Booking (each defined below).
RMW does not own, sell, resell, provide, rent, re-rent, manage or control any Products listed on the Service. RMW’s responsibilities include facilitating the availability of the Service and serving as a limited agent of an Owner. RMW serves as a limited agent only for the purpose of accepting payment from Renters on behalf of the Owners.
RMW CANNOT AND DOES NOT CONTROL THE LEGALITY, SUITABILITY, OR CONTENT OF ANY LISTINGS. RMW DISCLAIMS ALL LIABILITY RELATED TO ANY LISTINGS AND PRODUCTS. ANY RENTALS WILL BE DONE AT THE RENTER’S AND OWNER’S OWN RISK.
When you agree to these terms, RMW grants you a limited, non-exclusive, non-transferable, global, right to access the Service in any manner that RMW makes available, including through a website or mobile app. As an unregistered user of the Service (“User”) you will have substantially limited access to the information, features and functions available on the Service, and RMW may, in its discretion, add or remove limitations at any time. If you wish to have additional access to the Service, you must become a Member as described in Section 6, below. Access or use the Service in violation of these Terms may subject you to both criminal and civil liability.
RMW reserves the right at its sole discretion to modify the Service or these Terms at will. If RMW modifies these Terms, it will make the modifications available to you and change the “Last Updated” date at the top of the Terms. RMW may attempt to contact you directly to alert you that the Terms have changed, but RMW is under no obligation to do so. By continuing to use the Service after the Terms have been updated, you thereby consent to the updated Terms.
You must be 18 years or older to be a User or a Member. RMW may limit the Service to particular geographic areas, and you must be physically present within an area to be eligible to use the Service.
You agree to comply with all written RMW rules, guidelines, procedures, terms, conditions, agreements, and policies (collectively, “Policies”) that are made available by RMW. All Policies are hereby incorporated by reference into these Terms. These Policies include, without limitation:
RMW reserves the right to modify any of the Policies at its sole discretion. If RMW modifies any Policy, it will make the modifications available to you and change the “Last Updated” dates at the top of the modified Policy. RMW may attempt to contact you directly to alert you that the Policy has changed, but is under no obligation to do so.
To register using a TPSN you must link your TPSN account to the Service. You represent that you have the authority to grant RMW access to your TPSN account. You also represent that by granting access, you are not breaching any term or condition of the TPSN, and that granting access will not subject RMW to any fees or other obligations with the TPSN, including any usage limitations. You understand that by authorizing access to the TPSN, RMW may access, copy, use and store any content that you might have on the TPSN. Such access, copying, use and storage will be used by RMW to create your account, adding information to your RMW profile, and obtaining any other data that RMW might need to facilitate your use of the Service. Unless otherwise specified in these Terms, all TPSN content accessed by RMW will be deemed content posted by you to the Service. You acknowledge that personally identifiable information might be accessed through the TPSN and made available through the Service. The information accessible by RMW from the TPSN depends on the TPSN you choose and the privacy settings you use on that TPSN. If your TPSN account is closed, by you or anyone else, or if you change your RMW settings so that RMW no longer has access to your TPSN, then RMW’s access to additional TPSN content will be unavailable. However, any content previously accessed by RMW through the TPSN might remain available through RMW. You have the right to disable the connection between you RMW account and your TPSN account, at any time, by accessing the “Account” section on the Service. YOUR RELATIONSHIP WITH THE TPSN IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH TPSN, AND RMW HAS NO RESPONSIBILITY OR LIABILITY FOR SUCH AGREEMENT OR RELATIONSHIP. RMW makes no effort to review any content obtained from a TPSN for any purpose, including but not limited to, for accuracy, legality or non-infringement, and RMW is not responsible for any such content.
RMW will create your account and profile based on the personal information you provide or that RMW obtains from your TPSN account. You may not have more than one active account on the Service. You agree to provide accurate, current, and complete information when registering. You also agree to update such information as needed. RMW reserves the right to suspend or terminate your account and your access to the Service if you provide false or misleading information. Further, RMW reserves the right to suspend or terminate your account and your access to the Service if you create more than one account.
You are responsible for safeguarding your password. You agree that you will take responsibility for any activities or actions committed through your account, whether or not you authorized such activities or actions. You must change your password immediately if you believe an unauthorized person has access to your login credentials. Further, you must immediately notify RMW of any unauthorized use of your RMW account.
After you become a Member, you may create a Listing for Products as an Owner. When creating a Listing you will need to provide a variety of information about the Products you wish to list. This may include, but not limited to, retail value, location, size, age, existing damage, and special rules (including but not limited to a cancellation policy). You acknowledge and agree that the Listing will be made publicly available through the Service. Members may then view your Products and information, contact you, and rent your Products through the Service based on the information you provided. The rental price for a Product may not be changed once a Member requests a fitting or booking. When you create a Listing, you must ensure the Product information you include, as well as each photograph of the Product, is accurate and complete.
RMW does not currently charge fees for the creation of Listings, but may do so in the future. RMW will provide notice of any such fees via the Services, prior to implementing such fees.
RMW RESERVES THE RIGHT, AT ANY TIME AND WITHOUT PRIOR NOTICE, TO REMOVE OR DISABLE ACCESS TO ANY LISTING FOR ANY REASON. THIS INCLUDES LISTINGS THAT RMW CONSIDERS, IN ITS SOLE DISCRETION, TO BE OBJECTIONABLE, IN VIOLATION OF THESE TERMS OR ANY POLICIES, OR TO OTHERWISE BE HARMFUL TO THE SERVICE. RMW WILL NOT HAVE ANY LIABILITY FOR REMOVING A LISTING, EVEN IF IT IS LATER DETERMINED THAT THE REMOVAL WAS BY MISTAKE. RMW IS UNDER NO OBLIGATION TO MONITOR LISTINGS OR REMOVE ANY LISTING.
When you create a Listing as an Owner, you may also choose to include certain requirements which must be met by the Members before they can request a Fitting or Booking of your Products. These may include, but are not limited to, requiring Members to have a profile picture or verified phone number. However, these requirements must NOT include any terms or conditions that violate any laws, regulations or ordinances. Any Member wishing to request a Fitting or Booking of the Products included in Listings with such requirements must meet these requirements; however, RMW does not attempt to confirm or verify either the legality of the requirements or whether a Member meets the requirements.
a. No Endorsement
RMW does not endorse any Member or any Listing. If RMW offers paid promoted Listings, those promoted Listings are not endorsements.
b. Warranties Regarding Listings
As an Owner, you are responsible for any and all Listings you post. Accordingly, as an Owner you represent and warrant that with respect to any Listing you post:
(i) you own the Product and you are authorized to make it available for Fitting and Booking;
(ii) your Listing, Fitting and Booking will not breach any agreement you have with any third party, and
(iii) your Listing will be in compliance with all applicable laws, regulations, ordinances, tax requirements, and Policies that may apply to any Products included in a Listing, and will not conflict with the rights of third parties.
RMW assumes no responsibility and takes no liability for an Owner’s compliance or noncompliance with any applicable laws, rules, regulations or ordinances.
“Fittings” are opportunities to try on Products to allow potential Renters to test the look and fit. Fittings are arranged between a potential Renter and an Owner. When creating a listing, an Owner must select the option “Allow request for fittings” before Members can request a Fitting. If Owner allows Fittings, Owner and potential Renters understand that a Fitting is not a commitment to book Products for rental. Owners are responsible for protecting their Products during a Fitting. Any disputes that may arise as the result of a Fitting are strictly between the Owner and the potential Renter. Owner may not change the price of a listing for a Member who has requested a Fitting.
RMW IS NOT A PARTY TO FITTINGS AND IS NOT RESPONSIBLE FOR THE ACT, OMISSIONS OR ISSUES THAT MAY OCCUR DURING A FITTING TO ANY OWNER, RENTER, OR THIRD PARTY.
A Member may request a Fitting by clicking the “Request fitting” button on a Listing. MEMBER UNDERSTANDS RMW DOES NOT CONTROL THE CONTENT OF A LISTING AND DISCLAIMS ANY RESPONSIBILITY FOR FALSE OR MISLEADING INFORMATION. After a Member requests a Fitting, the Owner will be notified of the request and must either accept or deny the request before individual messages may be exchanged. No more than one request at a time may be sent by a Member for a particular Listing.
You must not abuse the Fitting request system to spam, harass, or take any other action that RMW in its sole discretion deems inappropriate. RMW reserves the right to terminate your membership in the Service and deactivate your account for any reason, with or without notice, if RMW believes you are in violation of these Terms or any Policy.
RMW may require that a potential Renter have a current credit card on file with RMW in order to request a Fitting. In those cases, you authorize RMW to pre-authorize your credit card for the Rental Fee, and to charge a nominal amount (typically one dollar or less) to verify your credit card. You agree to provide the necessary information to allow RMW to verify your card.
Although these Terms require Members to provide accurate information, RMW does not confirm any Member’s purported identity or other information provided by such Member. YOU ARE RESPONSIBLE FOR DETERMINING THE IDENTITY AND SUITABILITY OF OTHERS WHO YOU CONTACT THROUGH THE SERVICES, INCLUDING ANY MEMBER YOU CONTACT WITH RESPECT TO A FITTING. Except as provided by these Terms, RMW will not be responsible for any damage or harm resulting from your interactions with other Members, including Owners and Renters.
When a Member request a Fitting through the Service, the Owner of the Listing will be notified of the request through the Owner’s preferred contact method. If you are the Owner, you must confirm or reject the request within 24 hours of when the Fitting is requested or the request may be automatically cancelled. When a Member requests a Fitting through Service, RMW will share with the Owner (i) the first and last name of the potential Renter who requested a Fitting, and (ii) a link to the potential Renter’s public RMW profile page, so that the Owner can view such information before confirming or rejecting the request.
If you are an Owner, RMW makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for Fittings or Bookings of your Products. You acknowledge and agree that, as an Owner, you are responsible for your own acts and omissions associated with these tools.
Upon accepting a request for a Fitting, an Owner may send a message through the Service to the potential Rental to arrange a time and location for the Fitting. RMW is not a party to these messages and is not responsible for the conduct, language or promises of either the Owner or potential Renter.
Once an Owner accepts a Fitting request, Owner and the potential Renter may exchange messages through the Service for 30 days. Owner and Renter should use these messages to arrange a time and place for a Fitting. In some cases, a Product might not be available at the time of the scheduled Fitting. Owners and Renters should always notify one another as soon as possible of any changes to Fitting schedules or Product availability.
RMW IS NOT RESPONSIBLE FOR ANY ACTIONS, SAFETY, INJURY OR FAILURE OF ANY OWNER, RENTER OR THIRD-PARTY BEFORE, DURING OR AFTER A FITTING, AND YOU HEREBY RELEASE RMW FROM ALL LIABILITY ASSOCIATED WITH THOSE ISSUES. RMW expects that the majority of Members are trustworthy individuals. However, Members should use prudence and common sense when arranging a Fitting meeting with an individual they do not know. An ideal location should allow for the potential Renter to privately and safely try on the Products. YOU ARE RESPONSIBLE FOR KEEPING YOURSELF SAFE AND AVOIDING ANY SITUATION YOU FEEL IS DANGEROUS. IF YOU BELIEVE YOU ARE IN DANGER OR AT RISK, YOU SHOULD IMMEDIATELY LEAVE THE SITUATION OR CONTACT SOMEONE TO ASSIST YOU.
After a Fitting, a potential Renter may leave a “Fitting Review” for the Owner and the Product. Owners may also leave a “Fitting Review” of a Renter. EACH MEMBER AGREES THAT IT MAY NOT LEAVE ANY FALSE, MISLEADING OR DEFAMATORY REVIEW. YOU AGREE NOT TO WRITE REVIEWS FOR COMPENSATION OR TO COMPENSATE ANOTHER MEMBER TO GET POSITIVE REVIEWS. YOU MAY NOT THREATEN OR RETALIATE AGAINST ANY MEMBER FOR ITS REVIEW, OR ATTEMPT TO COERCE A MEMBER INTO GIVING A POSITIVE REVIEW. RMW may moderate reviews at its option, but is under no obligation to do so. To the extent permitted by law, RMW disclaims all responsibility and liability for false, misleading, defamatory, or negative reviews. If you believe a review has been posted that does not meet these requirements, please contact us at [email protected].
A Member may rent a Product (“Booking”) by clicking “Book Now” on the applicable Listing page. The “Rental Period” means the amount of time the Renter has rented the Products. The Rental Period will be in 24-hour increments. A Renter may request a pick-up time at any time the Owner approves. A Rental Period will start when the Product has been picked up. If you are a Renter you agree to return the Product in good condition by the end of the Rental Period. For clarity, if a Renter rents a Product for two days and the pick-up time is Friday at 5:00 PM, the Rental Period ends 48 hours after pick up and the Renter must return the Product by 5:00 PM Sunday to avoid late fees.
If you requested a Fitting first, you may be given the option to book the Product by clicking “Confirm Booking” on the Listing under the “Fittings” tab in your “My Account” home page. Confirming a Booking will allow you to rent the Product for the price listed when you requested a Fitting. This allows you to lock in a price whether or not an Owner changes the rental price before you book the Products.
Requesting a Fitting does not guarantee availability of any Product. Booking is on a “first come, first serve” basis, regardless of when a request for a Fitting was made. As a potential Renter, you understand that Products may be Booked by third parties before, during or after your Fitting, and therefore a Product might not be available when you need it. If you need a Product on a particular date, you should confirm with the Owner that no other potential Renters are looking at the Product for the same date.
Although these Terms require Members to provide accurate information, RMW does not confirm any Member’s purported identity or other information provided by such Member. YOU ARE RESPONSIBLE FOR DETERMINING THE IDENTITY AND SUITABILITY OF OTHERS WHO YOU CONTACT THROUGH THE SERVICES, INCLUDING ANYONE YOU CONTACT WITH RESPECT TO A BOOKING. Except as provided by these Terms, RMW will not be responsible for any damage or harm resulting from your interactions with other Members, including Owners and Renters.
When a Member request a Booking through the Service, the Owner of a Listing will be notified of the request through the Owner’s preferred contact method. If you are the Owner, you must confirm or reject the request within 24 hours of when the booking is requested or the request may be automatically cancelled. When a Member requests a Booking through Service, RMW will share with the Owner (i) the first and last name of the potential Renter who requested a Booking, and (ii) a link to the potential Renter’s public RMW profile page, so that the Owner can view such information before confirming or rejecting the request.
If you are an Owner, RMW makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for Fittings or Bookings of your Products. You acknowledge and agree that, as an Owner, you are responsible for your own acts and omissions associated with these tools. You as an Owner are solely responsible for making sure your listed Products are available for a confirmed Booking. By agreeing to a Booking, you agree that you will honor the Booking and provide the Product to the Renter at the confirmed time and date.
b. Pick up Meeting
Once an Owner accepts a Booking request, Owner and the potential Renter may exchange messages through the Service for 30 days. Owner and Renter should use these messages to arrange a time and place for Renter to pick-up the Product.
RMW IS NOT RESPONSIBLE FOR ANY ACTIONS, SAFETY, INJURY OR FAILURE OF ANY OWNER, RENTER OR THIRD-PARTY BEFORE, DURING OR AFTER A PICK-UP, AND YOU HEREBY RELEASE RMW FROM ALL LIABILITY ASSOCIATED WITH THOSE ISSUES. RMW expects that the majority of Members are trustworthy individuals. However, Members should use prudence and common sense when arranging a pick-up meeting with an individual they do not know. An ideal location is someplace where both Owner and Renter feel safe. YOU ARE RESPONSIBLE FOR KEEPING YOURSELF SAFE AND AVOIDING ANY SITUATION YOU FEEL IS DANGEROUS. IF YOU BELIEVE YOU ARE IN DANGER OR AT RISK, YOU SHOULD IMMEDIATELY LEAVE THE SITUATION OR CONTACT SOMEONE TO ASSIST YOU.
c. Rental Terms
Members acknowledge and agree that (i) the Owner and Renter are solely responsible for fulfilling their respective obligations regarding a confirmed Booking, and each of them hereby release RMW from any liability or obligation if an Owner or Renter fails to do so, and (ii) the rental agreement is solely between Owner and Renter, and RMW is not a party thereto. Owner and Renter hereby release and hold harmless RMW from and against any liability or obligation arising from the agreement, and related acts and omissions, of Owner and Renter.
Owner may require that Renter agree to additional terms, conditions, rules and restrictions as part of the Booking. Renter is solely responsible for fulfilling those obligations.
Owner, and not RMW, determines the rental price (“Rental Fee”) for the Product. RMW charges a percentage of the rental price as a service fee (“Service Fee”) to help offer and maintain the Service. This Service Fee will be deducted from the Renter’s payment before the remainder is sent to the Owner. Service Fees are non-refundable except as described in these Terms. The Renter’s payment (less the Service Fee) will generally be released to the Owner within 24 hours after RMW receives payment following a confirmed Booking, and will be paid via the method selected by Owner in the Account Information section of the Service. In some cases, payment may be delayed due to payment processor requirements, investigations or concerns.
Each Owner appoints RMW as the Owner’s limited agent solely for the purpose of collecting payments from the Renter for the Owner. Owner understands and agrees that any payment made by Renter to RMW will be treated as if it were a payment made directly to the applicable Owner. Each Owner also give RMW the authority to issue refunds in accordance with the cancellation policy the Owner selects.
As a Renter requesting a Booking, you authorize RMW to pre-authorize your credit card for the Rental Fee together with taxes any other associated fees and charges such as insurance and cleaning fees (collectively, “Total Fees”), and to charge a nominal amount (typically one dollar or less) to verify your credit card. When you request a Booking you will be asked for customary billing information. This can include things such as name, billing address, and credit card information. Failure to provide this information to RMW or its payment processor will prevent you from finalizing a Booking.
An Owner must confirm or cancel your Booking within 24 hours or the Booking will automatically be cancelled. If a booking is cancelled by Owner (including if Owner fails to accept the Booking within 24 hours), then any amounts collected by RMW for that Booking will be refunded to you, and any credit card pre-authorizations for that Booking will be released.
When an Owner confirms your Booking, RMW will collect the Total Fees. RMW will also collect authorization for a Security Deposit as described below. You are solely responsible for ensuring that you have sufficient credit and funds available to cover the Total Fees and Security Deposit, and neither RMW nor the Owner is responsible for any fees that may be charged by your bank or credit card company in connection with such amounts.
Members acknowledge that a Booking is contingent upon successfully charging Renter’s credit card for the Total Fees and Security Deposit, and any failure to charge the card is grounds for cancellation of the Booking.
When a Renter has paid all amounts owning for the Booking to RMW (including the Total Fees, Security Deposit, and any charges associated with damage to the Product), then the Renter has paid its full obligation to the Owner. Thereafter, RMW is responsible to remitting the payment to the Owner, less the Service Fee and other fees to which RMW is entitled to retain. In such case, if RMW fails to remit the proper amount to Owner, Owner may seek recourse only against RMW and not Renter.
As a Renter, if you believe your card has been charged without your authorization or if you are dissatisfied with the Product, you must notify RMW and attempt to resolve the issue prior to requesting a chargeback from your card issuer. If you request a chargeback in violation of these terms, or if your chargeback request is in bad faith or with the intent to commit fraud, RMW may immediately terminate your Membership.
e. Late Fees
When renting Products, Renter agrees to return the Products by the end of the Rental Period. If a Renter is late returning the Products, Renter agrees to the full cost of another day’s rental plus an additional 25% for every 24 hours that Renter are late returning the Products. Owner has the right to waive late fees at their discretion.
f. Damaged Products; Mandatory Mediation
As a Renter, you agree that you will return the rented Product in the same condition as you received it. You agree that you are responsible for any acts or omission that may cause damage to the Product, other than acts and omissions of Owner. You also agree that you will be responsible for any damage caused by yourself or a third party to the rented Products during the Rental Period. If the Owner issues a claim for damages and provides evidence of the damage, you will be given notice of the claim and have 48 hours to respond. If RMW or its third-party mediator determines you damaged the Product, then you agree to pay any damage fees as outlined in the Apparel Assurance policy. Even if the damage is caused by a third party, you are responsible for any damage that occurs while the Product is in your possession, and you agree to pay the damage fee when it is charged to you. You may not delay payment of the damage fee for any reason.
As an Owner, you are responsible for submitting claims for damages to the Product in a timely manner. You must submit all damage claims within 24 hours of receiving the Product back from the Renter. When submitting a claim, you must submit photographic and other evidence to support your claim. Renter will then have 48 hours to respond to a claim. After the Renter’s response, if a dispute still exists, RMW or its designated third party will act as a mediator between the Owner and Renter. Both Owner and Renter agree to cooperate with the mediation in good faith. In connection with mediation of any complaints or claims, both parties agree to provide to RMW and its designated third party any such information or take any such action that RMW may reasonably request. Both Owner and Renter authorize RMW or RMW’s designated third party to make a decision regarding the claim if they cannot come to an accord. You agree that RMW’s or its third-party mediator’s decision is binding, and you will hold RMW and the third-party mediator harmless for its decision regarding any claim.
If you are unsatisfied with final outcome of a claim, you may seek redress in a court of law. You agree that any lawsuit or action you file will be against the opposing party (Owner or Renter, as applicable). RMW IS NOT A PARTY TO ANY RENTAL AGREEMENT, AND YOU WILL NOT MAKE RMW OR ITS THIRD-PARTY MEDIATOR A PARTY TO THE LAWSUIT OR ACTION. You agree that you will indemnify RMW and its third-party mediator for any cost or expense it may incur because of your litigation, including any costs or expense associated with responding to discovery requests.
g. Market Value
When creating a Listing, Owner will be asked for the market value of the Product. Market value will be used when recommending the amount for a Security Deposit, and when calculating damages. OWNER AGREES THAT THE MAXIMUM AMOUNT IT MAY RECOVER FOR ANY DAMAGES TO THE PRODUCT IS THE MARKET VALUE. Market value must be reasonable and reflect an estimate of the actual value of the Product. Owner agrees that if Renter pays the market value for the Product, whether in Rental Fees, damages or late fees, this will be considered a sale of the Product from the Owner to the Renter.
h. Cancellation and Refunds
If you, as a Renter, cancel a Booking before the Owner confirms it, any amounts charged to your credit card or pre-authorizations with respect to that Booking will be canceled or refunded. If you cancel a Booking after the Booking has been confirmed by the Owner, any refund you receive will be subject to the cancellation policy selected by the Owner when the Listing was created. Please review the individual Listings to determine the applicable cancellation policy.
If Owner cancels a confirmed Booking, RMW will refund to the Renter the full amount Renter paid for that Booking. RMW will also notify the Renter via email of the cancellation and suggest similar Listings to a Renter. If a Renter decides to rent a suggested Listing, they will be charged the price of the new Listing.
i. Security Deposit
When creating a Listing, an Owner will enter a security deposit amount (“Security Deposit”). This amount is generally recommended to be 10% of the market value, but may be higher or lower depending on the Owner’s discretion. For all Security Deposits included in a Listing for a confirmed Booking, RMW will, in its capacity as the payment agent of the Owner, use its commercially reasonable efforts to obtain a pre-authorization of the Renter’s credit card in the amount of the Security Deposit. RMW will also use its commercially reasonable efforts to collect Security Deposits for damaged Products, but RMW is not liable for any Security Deposits that it is unable to collect.
j. Payment Processor
RMW may use third-party payment processors, such as PayPal, to handle all payment processing services. By using such service, you acknowledge that you are subject to the third party’s Terms of Service (“Third-Party Payment Terms”), which are different than these Terms. RMW is not bound by the Third-Party Payment Terms and they do not constitute part of your agreement with RMW. You should read the Third-Party Payment Terms so you understand your obligations.
As part of any Fitting or Booking, you agree to provide RMW with accurate and complete information about you, your payment method, and any other information that the payment processor may need to process your payment. Failure to provide this information may result in cancellation of your Fitting or Booking.
RMW will take reasonable steps to rectify any payment processing errors that are brought to its attention. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount. In some cases, payment may be delayed due to payment processor requirements, investigations or concern
If required by law or regulation, RMW shall collect sales tax and other applicable tax on any Booking. These taxes will be in addition to the Rental Fee.
Due to current federal tax regulations, RMW must collect IRS form W-9 from all Owners in the United States. You agree that you are responsible for determining your applicable tax reporting requirements. RMW suggests, but does not require, you consult with a tax professional to determining your tax reporting requirements. RMW cannot and does not offer tax related advice to any Users of the Service.
You understand and agree that you are responsible for your actions while using the Service. You agree to follow the code of conduct. You agree not to:
RMW may investigate and prosecute any violation of these Terms to the fullest extent of the law, and may contact and cooperate with law enforcement officials when pursuing violators. You understand and agree that RMW may monitor your access to the Service and may review or edit any content you may post (including Listings), provided that RMW does not have any obligation to do so. RMW reserves to the right to remove or disable access to any content at any time and with or without notice in its sole discretion.
The Service and any posted content may be protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Service and all associated intellectual property is the exclusive property of RMW and its licensors. You agree not to remove, change or obscure any copyright, trademark, service mark, or any other proprietary rights notices included in any element of the Service. You may not “frame” or otherwise display the Service in any manner not expressly authorized by RMW.
a. Member Rights
RMW grants to you a limited, non-exclusive, non-transferable right to use the Service, and access and view any content on the Service, for your personal purposes. You may not re-convey this right to any third party.
You agree not to use the Service in any way except as expressly permitted by these Terms. No implied licenses are granted to you to use the Service, and RMW retains all rights not expressly granted in these Terms.
b. RMW Rights
You grant to RMW a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free right and license to use, access, view, copy, adapt, modify, distribute, sub-license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, create derivative works of, and exploit in any manner the content you post or otherwise provide to the Service. RMW does not claim any ownership rights in your content, and nothing in these Terms is meant to restrict any right that you have to use and exploit your content independent of the Service.
You represent and warrant that you have the authority to grant RMW the above right and license. You represent and warrant that neither your content nor RMW’s use of your content will infringe the rights of a third party or violate any applicable laws or regulations.
To reduce copyright infringement and follow the requirements of the DMCA, RMW reserves the right to block access to or remove materials RMW believes to be illegally copied and distributed, and remove and discontinue providing the Service to offenders.
If you believe content available through the Service infringes your copyright (or the copyright of someone you are authorized to act for), you may send a notice of copyright infringement containing the following information to RMW’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”):
Once RMW has received a proper notice of infringement, RMW has the right to take any or all of the following actions:
If you are a Member that received a notice of infringement from RMW and believe your content is not infringing, you may send a count-notice to the RMW Designated Agent containing the following:
If the RMW Designated Agent receives a counter-notice from the Member, RMW will send a copy of the count-notice to the person who first provided notification of the alleged infringement. RMW will also inform the complainant that RMW may replace or cease disabling the allegedly infringing content in 10 business days. Unless the complainant files a lawsuit against the Member, RMW may, at its sole discretion, restore the removed or disabled content.
The Service may contain links to third-party sources. You agree that RMW is not responsible or liable for the content or availability of third-party sources, and you accept the responsibility and risk associated with using any third-party sources. Links to third-party source on the Service do not imply any endorsement by RMW of the third-party source.
RMW welcomes feedback, comments and suggestions for improvements to the Service (collectively, “Feedback”). You may submit Feedback by contacting the support team here. Any Feedback you submit will become RMW’s sole intellectual property without any obligation for us to provide you with compensation or attribution. Should RMW request it, you agree to execute documents that transfer to us ownership in all intellectual property rights regarding your Feedback.
RMW may, without liability and in its sole discretion, without cause or notice;
If you are an Owner and RMW is holding undisputed funds on your behalf, RMW will pay you such undisputed funds in accordance with these Terms.
If you are a Renter, you understand that you remain liable to pay any amounts owing to RMW or an Owner, notwithstanding termination of your account or your access to the Service.
You may cancel your RMW account at any time by contacting RMW’s support team here. You understand if your account is canceled, RMW does not have an obligation to delete or return to you any content you may have posted or provided.
THE SERVICE AND CONTENT ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF KIND, INCLUDING EXPRESS OR IMPLIED. YOU AGREE TO USE THE SERVICES AT YOUR OWN RISK. RMW DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. RMW MAKES NO WARRANTIES THAT THE SERVICE, CONTENT, OR THE LISTED PRODUCTS WILL BE ACCURATE, TRUTHFUL, COMPLETE, OR RELIABLE. RMW DOES NOT PERFORM BACKGROUND CHECK ON ITS MEMBERS. RMW DOES NOT VERIFY THE STATEMENTS OF USERS. RMW CANNOT CONTROL THE ACTIONS OF USERS. YOU AGREE TO BE RESPONSIBLE FOR YOUR ACTIONS IN COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS. NOT WITHSTANDING RMW’S APPOINTMENT AS THE LIMITED AGENT OF THE OWNERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM RENTERS, RMW DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY OWNER, RENTER OR OTHER THIRD PARTY.
NO COMMUNICATIONS FROM THE RMW WILL CREATE ANY WARRANTY OF ANY KIND, UNLESS EXPRESSLY STATED IN THESE TERMS.
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 SERVICES AND COLLECTIVE CONTENT, YOUR LISTING, FITTING OR BOOKING OF ANY PRODUCT THROUGH THE SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE SERVICES WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. YOU AGREE THAT RMW IS NOT LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, 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 THE SERVICE, THESE TERMS, ANY COMMUNICATIONS VIA THE SERVICE, OR ANY INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT RMW 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.
IN NO EVENT WILL RMW’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICE INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING, FITTING, BOOKING OR USE OF ANY PRODUCT VIA THE SERVICES, OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID FOR BOOKINGS VIA THE SERVICES IN THE THREE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE AN OWNER, THE AMOUNTS PAID BY RMW TO YOU IN THE THREE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. These Terms give you specific legal rights, and you may also have other rights which vary from state to state.
You agree to defend, indemnify and hold harmless RMW, its affiliates, its subsidiary, and their officers, directors, employees, and agents from and against any claims, liabilities, losses, costs and expenses (including, without limitation, attorneys’ fees) arising out of (a) your access or use of the Service, (b) your violation of any provision in these Terms, (c) any content you provide or make available through the Service (including Listings), (d) your interaction with any Users, or (e) any acts or omissions associated with Fitting, Booking or use of Products.
You represent and warrant that neither you nor any Product in a Listing 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. You also represent and warrant that you are not listed on any U.S. Government list of prohibited or restricted parties. You agree that you will not use the Service for any purpose prohibited by U.S. law.
If you interact with another User who you feel has acted inappropriately, you should immediately report the User to the appropriate authorities and then to RMW. If you file a police report please include in your communications with RMW your police station and report number. However, providing police report information will not obligate RMW to take any actions beyond what is required by law.
You may not transfer for assign these Terms or your obligations under these Terms for any reason without RMW’s prior written consent. Any attempt by you to assign or transfer these Terms will be invalid and without effect. RMW may assign or transfer these Terms without restriction. If transferred as permitted under this provision, these Terms will bind the assigning party’s successors and permitted assignees.
Except as otherwise described in these Terms, any notice or other communications to you permitted or required by these Terms will be in writing and given by RMW through either email or posting the notice on the Service. If a notice is sent by email, the date of receipt will be deemed the date that the notice is received. If a notice is posted on the Service, then the date the notice is made available will be deemed the date that the notice is received.
Except as otherwise described in these Terms, any notice to RMW must be sent via overnight courier or certified mail (postage paid) to Rent My Wardrobe, Attn: Legal Department, Galleria Tower 3, 13155 Noel Road, Ste. 900, Dallas, TX 75240. Notice will be effective upon RMW’s receipt.
These Terms will be interpreted in accordance with the laws of the State of Texas and the United States of America, without regard to its conflict-of-law provisions. With respect to any dispute or other legal action between the parties, You and RMW agree to submit to the personal jurisdiction of a state court located in Dallas County, Dallas, Texas or the United States District Court, Northern District of Texas located in Dallas, Texas. RMW reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of its copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
If RMW fails to enforce any right or provision of these Terms and Conditions, such failure will not constitute a waiver of future enforcement of that right or provision. Only a document signed by an authorized representative of RMW will waive a right or provision.
If an arbitrator or court finds any provision of these Terms and Conditions are invalid or unenforceable, that provision will be enforced to the maximum extent permitted. All other provision of these Terms and Conditions will remain in full force and effect.
You and RMW agree that any claim or dispute at law or equity that has arisen or may arise between the parties relating in any way to or arising out of the Terms or your use of, or access to, RMW’s Services, will be resolved in accordance with the provisions set forth in this Section 25. Please read this Section carefully. It affects your rights and will impact on how claims you and RMW have against each other are resolved.
You agree that the state laws of Texas will govern these Terms and any claim or dispute that may arise between you and RMW. Texas state law will govern without regard to principles of conflict of laws. Legal notices to RMW must be served to RMW’s national registered agent. Legal notices to you may be sent to your e-mail address on file with RMW. E-mail notice to you from RMW will be deemed given 24 hours after the email is sent. RMW may also give you legal notice to the physical address you have on file with us. If noticed is mailed to your physical address, it will be deemed received 3 days after the date of mailing, regardless of whether any notice is returned to us. You agree that it is your responsibility to keep your contact information updated.
You and RMW each agree that any disputes or claims that may arise between you and RMW will be resolved exclusively through final and binding arbitration. This will apply to any disputes and claims relating in any way to these Terms and Conditions or your use of the Service. You may also assert your claims in small claims court, if your claims qualify. BOTH PARTIES KNOWINGLY AND VOLUNTARY AND INTENTIONALLY, WAIVE ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY, TO THE EXTENT PERMITTED BY APPLICABLE LAW. BOTH PARTIES AGREE THAT ANY DISPUTE WILL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
These issues will be decided by a court of law. The arbitrator will have exclusive authority to resolve any other dispute arising out of these Terms or your use of the Service. The arbitration will be conducted by the American Arbitration Association (‘AAA’) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. A party who seeks arbitration must first send to the other party a Notice of Dispute (“Dispute Notice”). Dispute Notice must: (A) include the full name and contact information of the complaining party; (B) describe the nature and basis of the claim or dispute; and (C) set forth the specific relief sought. Dispute Notice must be sent by certified mail. A Dispute Notice to RMW should be sent to Rent My Wardrobe, Attn: Legal Department, Galleria Tower 3, 13155 Noel Road, Ste. 900, Dallas, TX 75240. RMW will send any Dispute Notice to the physical address you have on file with your RMW account. All information called for in the Dispute Notice must be provided. If you fail to provide all information called for, you will not seek relief for your claims until the failure of your Dispute Notice is fixed.
If you and RMW are unable to resolve the claims described in the Dispute Notice within 30 days after the Notice is sent, you or RMW may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s website at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to RMW at the following address: Rent My Wardrobe, Attn: Legal Department, Galleria Tower 3, 13155 Noel Road, Ste. 900, Dallas, TX 75240. If RMW commences arbitration against you, RMW will send a copy of the completed form to the physical address you have on file with your RMW account. Any settlement offer made by you or RMW may not be disclosed to the arbitrator. Arbitration will be located in the country in which you reside, or any mutually agreed location. If the relief sought is $10,000 or less and both parties consent, then arbitration may be conducted by phone or written submission. In cases where an in-person hearing is held, you or RMW may attend by telephone, unless the arbitration requires your physical presence.
The arbitrator will decide all claims in accordance with the laws of Texas and will honor all claims of privilege recognized by law. The arbitrator is not bound by previous arbitrations, except as required by applicable law. The arbitrator’s award will be final and binding. Judgment on the arbitrator’s reward may be entered in any court having jurisdiction thereof.
These Terms together with the Policies constitute the entire and exclusive agreement between you and RMW. These Terms together with the Policies supersede and replace any and all prior oral and written understandings or agreements between you and RMW.
If you have any questions about these Terms, please contact RMW’s support team here.