Rentduck.com Terms of Use

This Terms of Use Agreement (the "Agreement") was last revised on January 28, 2019 and was first made effective on January 28, 2019.

Welcome to Rentduck.com, a peer-to-peer rental marketplace web site and online service provided by True Midas LLC ("Rentduck.com", "we", or "us"). This Agreement describes the terms and conditions that govern your use of and participation in Rentduck.com services. Rentduck.com services include our website, web widgets, feeds, mobile device software applications (the "Rentduck.com Software"), applications for third-party web sites and services, and any other mobile or online services and/or applications owned, controlled, or offered by Rentduck.com (collectively, the "Service"). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Agreement and to the collection and use of your information as set forth in the Privacy Policy, whether or not you are a registered User of the Service.

The Agreement applies to all visitors, Users, and others who access the Service ("Users").

YOU ARE RESPONSIBLE TO READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. YOU ARE ENCOURAGED TO CONSULT WITH AN ATTORNEY REGARDING THE TERMS OF THE AGREEMENT AND YOUR RIGHTS AND OBLIGATIONS HEREUNDER. YOU UNDERSTAND AND AGREE THAT RENTDUCK.COM IS NOT A PARTY TO ANY AGREEMENT ENTERED INTO BETWEEN RENTERS AND OWNERS, NOR IS RENTDUCK.COM A TRANSPORTATION SERVICE, AGENT, OR INSURER. RENTDUCK.COM HAS NO CONTROL OVER THE CONDUCT OF RENTERS OR OWNERS AND OTHER USERS OF THE SERVICE AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

THIS AGREEMENT CONTAINS A MANDATORY CLASS ACTION AND TRIAL WAIVER PROVISION THAT WAIVES YOUR RIGHT TO JOIN OR BRING A CLASS ACTION LAWSUIT AND RECEIVE A TRIAL BY JURY.

We may, in our sole discretion, modify or update this Agreement from time to time, and you are responsible for reviewing this page periodically. When we change the Agreement, we will update the last modified date at the top of this page. If there are material changes to this Agreement, we will notify you either by prominently posting a notice of such changes prior to implementing the change or by directly sending you a notification. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, you may not use or access (or continue to use and/or access) the Service.

USE OF THE SERVICE

Eligibility

Registration, use, and/or access to the Service by anyone under 18 years of age is strictly prohibited and in violation of this Agreement. The Service is not available to Users previously removed from the Service by Rentduck.com, unless Rentduck.com has given such User a written notice of reinstatement. All Users must provide any and all necessary and complete documentation requested by Rentduck.com in its sole discretion. You acknowledge and agree that Rentduck.com may change its eligibility requirements at any time and for any or no reason.

Rentduck.com Accounts

Parts of the Service requires that you open a User account ("Account"). In order to rent something from another User on Rentduck.com, you will need to apply for a "Renter" Account. In order to rent something to another User on Rentduck.com, you will need to apply for an "Owner" Account.

As used in this Agreement, "Owner" shall mean any User that establishes an "Owner" Account and submits something that meets the eligibility requirements set forth in this Agreement and the Renter Eligibility Requirements, incorporated herein by referenced, to be rented through or via the Service.

As used in this Agreement, "Renter" shall mean any User that establishes a "Renter" Account, which would allow such User to rent something through or via the Service.

By applying for a Renter or Owner Account, you give Rentduck.com permission to disclose the information you provide on your application to third parties for verification purposes and to obtain additional information about you. Rentduck.com may accept or reject Renter or Owner Account applications, in our sole discretion, for any or no reason. If you are accepted for a Renter and/or Owner Account, you acknowledge and agree to abide by this Agreement and the Renter Eligibility Requirements that are applicable to your particular type of Account.

Users with a Renter or Owner Account are collectively referred to in this Agreement as "Members". Your Member Account gives you access to the services and functionality that we may establish and maintain from time to time in our sole discretion. Each transaction in which a Renter rents something from an Owner via the Service is referred to in this Agreement as a "Rental".

You acknowledge and agree as follows:

  1. Your Member Account is for your personal use only.
  2. You may not use another Member's Account, permit anyone else to use your Member Account, or assign or otherwise transfer your Member Account to any other person or entity.

When applying for and creating your Account, you must provide accurate and complete information and keep such information updated and accurate throughout the term of this Agreement. You are solely responsible for the activity that occurs on your Account and you must keep your Account password secure. You must notify Rentduck.com immediately of any breach of security or unauthorized use of your Account. Rentduck.com will not be liable for any losses caused by any unauthorized use of your Account.

By providing Rentduck.com your email address you consent to our using of the email address to send you communications, including any notices required by law, in lieu of communication by postal mail. By providing Rentduck.com your cell phone number, you consent to our using the phone number to send you SMS messages. You may not opt out of Service-related emails or SMS messages. BY SIGNING UP FOR AN ACCOUNT ON RENTDUCK.COM AND PROVIDING YOUR PHONE NUMBER, YOU AGREE TO RECEIVE TEXT MESSAGES FROM US. We may also use your email address and/or cell phone number to send you other messages, such as changes to features of the Service and special offers.

Rentduck.com is not liable for the content of messages or attachments thereto, and user accepts all liability in checking and opening said messages.  It is heavily recommended that you do not open attachments which you are not sure to be from a legitimate party and to have them scanned by your own anti-virus software for security purposes.

Service Rules

You agree not to engage in any of the following prohibited activities: (a) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (b) using any automated system, including without limitation, "robots", "spiders", "offline readers", etc., to access the Service in a manner that sends more request messages to the Rentduck.com servers than a human can reasonably produce in the same period of time using a conventional online web browser, except that Rentduck.com grants the operators of public search engines revocable permission to use spiders to copy materials from Rentduck.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials but not caches or archives of such materials; (c) transmitting spam, chain letters, or other unsolicited emails; (d) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service; (e) taking any action that imposes or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (f) uploading invalid data, viruses, worms, or other software agents through the Service; (g) collecting or harvesting any personally identifiable information, including Account names, from the Service; (h) using the Service for any commercial solicitation purposes; (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, or hiding or attempting to hide your identity; (j) interfering with the proper working of the Service; (k) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (l) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation, features that prevent or restrict the use or copying of any content, or enforce limitations on the use of the Service or the content therein.

Rentduck.com may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if, in Rentduck.com's sole determination, you violate any provision of this Agreement, or for no reason. Upon termination for any or no reason, you continue to be bound by this Agreement. All aspects of the Service are subject to change or elimination at Rentduck.com's sole discretion. Rentduck.com reserves the right to interrupt the Service with or without prior notice for any or no reason. You agree that Rentduck.com will not be liable to you for any interruption of the Service, delay, or failure to perform.

Policies and Procedures; Rental Confirmations; Feedback

If you are an Owner, you agree to our Owner Policy and Procedures ("Owner Policy") incorporated herein by reference. If you are an Owner, by accessing or using the Service, you signify that you have read, understood, and agree to be bound by the Owner Policy. If you are a Renter, you agree to our Renter Policies and Procedures ("Renter Policy") incorporated herein by reference. If you are a Renter, by accessing or using the Service you signify that you have read, understood, and agree to be bound by the Renter Policy.

If you are using the Service as an Owner you represent and warrant that (a) you own or have all necessary rights, consents, and authority to permit your item for rent to be used as contemplated by the Service; and (b) the use of the item for rent you submit as contemplated herein will not violate any rights of a third party or any agreement with respect to such vehicle, including any leasing or financing agreement.

When you use the Service to transact a Rental, the Service will present you with a page confirming the details of the Rental (the "Rental Confirmation"). By clicking, "I Agree" (or any other means of acceptance presented by the Service), you agree to the terms of that Rental, and the Rental Confirmation becomes part of this Agreement.

USER CONTENT

Some areas of the Service may allow Users to post feedback, comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service is referred to herein as "User Content"). You retain ownership of your User Content. You are solely responsible for the User Content that you upload, publish, display, link to, or otherwise make available on the Service and you agree that Rentduck.com is only acting as a passive conduit for your online distribution and publication of your User Content. You understand that Rentduck.com does not guarantee any confidentiality with respect to User Content.

You agree not to post User Content, or take any actions on or through the Service, that: (a) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (b) may create a risk of any other loss or damage to any person or property; (c) seeks to harm or exploit minors by exposing them to inappropriate content, asking for personally identifiable details, or otherwise; (d) may constitute or contribute to a crime or tort; (e) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (f) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (g) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (h) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including, without limitation, any intellectual property rights or any rights of publicity and/or privacy. Rentduck.com reserves the right, but is not obligated, to reject and/or remove any User Content that Rentduck.com believes, in its sole discretion, violates these provisions.

Rentduck.com takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service is solely your responsibility. Rentduck.com is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and you agree that Rentduck.com shall not be liable for any damages you allege to incur as a result of such User Content.

Other Users; No Endorsement

While we may take actions to verify User identities and descriptions and information regarding items available to rent via the Service, Rentduck.com does not endorse any User or their background, any User Content, or Rental. You are solely responsible for your interactions with other Rentduck.com Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Rentduck.com shall have no liability for your interactions with other Users, or for any Users' action or inaction, with respect to Rentals or the Service. While we may help facilitate successful transactions and the resolution of disputes, we do not guarantee the quality, safety, truth, or accuracy of Rentals, User Content, or other services or transactions available via the Service.

By using the Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to the particular User or third party that causes you harm, and you agree not to attempt to impose liability on or seek any legal remedy from Rentduck.com with respect to such actions or omissions. If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, affiliates, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes or your use of the Service. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICE IS INTENDED TO BE USED TO FACILITATE RENTALS. RENTDUCK.COM CANNOT AND DOES NOT CONTROL THE USER CONTENT CONTAINED IN ANY RENTAL, THE CONDITIONS OF ANY RENTAL PROVIDED THROUGH THE SERVICE, THE BEHAVIOR OF ANY USER, OR THE ACTIONS OF ANY USER. RENTDUCK.COM IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL RENTALS AND USER CONTENT. ACCORDINGLY, ANY RENTALS MADE BY A USER, RENTER, AND/OR OWNER WILL BE MADE AT THE USER, RENTER, AND/OR OWNER'S OWN RISK.

User Content License Grant

You retain all your ownership rights in your User Content. By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Rentduck.com a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with Rentduck.com's (and its successors and affiliates) business. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service and to use, reproduce, distribute, display, and perform such User Content as permitted through the functionality of the Service and under this Agreement.

END USER LICENSES

Rentduck.com Service

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only. Rentduck.com reserves all rights not expressly granted herein in the Service and the Rentduck.com Content (as defined below). Rentduck.com may terminate this license at any time for any reason or no reason.

Rentduck.com Software

To use the Rentduck.com Software you must have a device that is compatible with the Rentduck.com Service. Rentduck.com does not warrant that the Rentduck.com Software and/or Rentduck.com Service will be compatible with your device.

License Grant

Rentduck.com hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Rentduck.com Software for one Rentduck.com Member Account on a device owned or leased solely by you, for your personal use.

Restrictions

You may not: (a) modify, disassemble, decompile, or reverse engineer the Rentduck.com Software, except to the extent that such restriction is expressly prohibited by law; (b) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Rentduck.com Software to any third party or use the Rentduck.com Software to provide time sharing or similar services for any third party; (c) make any copies of the Rentduck.com Software; (e) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Rentduck.com Software, features that prevent or restrict use or copying of any content accessible through the Rentduck.com Software, or features that enforce limitations on use of the Rentduck.com Software; or (e) delete the copyright and other proprietary rights notices on the Rentduck.com Software.

Software Upgrades

You acknowledge that Rentduck.com may from time to time issue upgraded versions of the Rentduck.com Software and may automatically electronically upgrade the version of the Rentduck.com Software that you are using. You consent to such automatic upgrading on your device, and your continued use of the Rentduck.com Software or Service constitutes your agreement to the terms and conditions of this Agreement will apply to all such upgrades.

Third-Party Code

Any third-party code that may be incorporated in the Rentduck.com Software is covered by the applicable open source or third-party license end-User license agreement (EULA), if any, authorizing use of such code.

Rights Reserved

The foregoing license grant is not a sale of the Rentduck.com Software or any copy thereof, and Rentduck.com or its third party partners or suppliers retain all right, title, and interest in the Rentduck.com Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in this Agreement, is void. Rentduck.com reserves all rights not expressly granted under this Agreement.

Rentduck.com Software from iTunes

The following applies to any Rentduck.com Software you acquire from the iTunes Store ("iTunes-Sourced Software"): You acknowledge and agree that this Agreement is solely between you and Rentduck.com, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Rentduck.com as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including but not limited to: (a) product liability claims; (b) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Rentduck.com as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party's intellectual property rights, Rentduck.com, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Rentduck.com acknowledge and agree that Apple, and Apples subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.

Rentduck.com Software from Google

The following applies to any Mobile Software you acquire from the Google Play Store ("Google-Sourced Software"): (a) you acknowledge that the Agreement is between you and Rentduck.com only and not with Google, Inc. ("Google"); (b) your use of Google-Sourced Software must comply with Google's then-current Google Play Store Terms of Service; (c) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (d) Rentduck.com, and not Google, is solely responsible for its Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or this Agreement; and (f) you acknowledge and agree that Google is a third-party beneficiary to this Agreement as it relates to Rentduck.com's Google-Sourced Software.

OUR PROPRIETARY RIGHTS

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the " Rentduck.com Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Rentduck.com and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any materials or content accessible on the Service. Use of the Rentduck.com Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (each, an "Idea"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Rentduck.com under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Rentduck.com does not waive any rights to use similar or related ideas previously known to Rentduck.com, or developed by its employees, or obtained from sources other than you.

FEES; BILLING; PAYMENTS

Fee Schedule and Billing Policies

You agree to the fees and charges, terms of sale, and payment and billing policies applicable to your use of the Service as stated in our Fee and Commission Schedule incorporated herein by reference. Rentduck.com may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. All fees and charges for your use of the Service are non-refundable, except as may be expressly stated in the Fee and Commission Schedule.

Payments

If you are an Owner, you may set the Rental fee for your rental items as permitted by the Service. Rentduck.com may adjudicate the Rental fee on your behalf, which means processing the Renter's credit card, retaining a commission as set forth in our Fee and Commission Schedule and remitting such funds to you as provided in this section. Rentduck.com will remit payments due to you hereunder no later than thirty (30) days after the end of each calendar month in which the applicable fees are received. Payment shall be in the form you select when you register for the Service, or subsequently updated as permitted by the Service. Payments shall only be made in those months in which the amount due to you totals at least [$5]. Unpaid amounts due shall accrue until the next month in which the amount due is at least [$5]. Rentduck.com reserves the right to withhold payment or charge back to your Account any amounts otherwise due to us under this Agreement, or any amounts due as a result of a breach of this Agreement by you, pending Rentduck.com's reasonable investigation of such breach. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your Account, which includes, without limitation, applicable tax information. If we believe that we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your payments until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information. Any bank fees related to returned or cancelled checks due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. If you dispute any payment made hereunder, you must notify Rentduck.com in writing within thirty (30) days of any such payment; failure to so notify Rentduck.com shall result in the waiver by you of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by Rentduck.com. No other measurements or statistics of any kind shall be accepted by Rentduck.com or have any effect under this Agreement.

Collections

In addition to the amount due, delinquent Accounts and/or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent Accounts and/or chargebacks including, but not limited to collection fees and/or convenience fees and/or other third parties charges. Members hereby explicitly agree that all communication in relation to delinquent Accounts will be made by electronic mail or by phone, as provided to Rentduck.com by Members. Such communication may be made by Rentduck.com or by anyone on its behalf, including but not limited to a third party collection agent.

PRIVACY

We care about the privacy of our Users. Our Privacy Policy outlines how we use and safeguard your information. You understand that by using the Service, you are consenting to the collection, use, and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to, and processed in the United States.

SECURITY

We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

DMCA NOTICE

Since we respect artist and content owner rights, it is Rentduck.com's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Rentduck.com's DCMA Agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work that you claim has been infringed;
  3. Identification of the material that is claimed to be infringing and where it is located on the Service;
  4. Information reasonably sufficient to permit Rentduck.com to contact you, such as your address, telephone number, and, e-mail address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  6. A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Attn: DMCA Notice Rentduck.com
Address: 297 W. Hilton Dr. #1
             St. George, UT 84770
 

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES.

Please note that this procedure is exclusively for notifying Rentduck.com and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Rentduck.com's rights and obligations under the DMCA, including 17 U.S.C. 512(c) but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, Rentduck.com has adopted a policy of terminating, in appropriate circumstances and at Rentduck.com's sole discretion, members who are deemed to be repeat infringers. Rentduck.com may also at its sole discretion limit access to the Service and/or terminate the Accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

ADDITIONAL REPRESENTATIONS AND WARRANTIES

In addition to the other representations and warranties in this Agreement, you affirm, represent and warrant that:

  1. You are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement; you are a United States resident; and you have not previously been removed from the Service unless you have a currently valid notice of reinstatement from Rentduck.com.
  2. If you are an Owner, to the best of your knowledge and belief, any vehicle/item you offer for Rentals hereunder is in sound and safe condition and free of any known faults or defects that would affect its safe operation under normal use and conforms with the Vehicle Eligibility Requirements as stated in the Renter Eligibility Requirements.
  3. If you are an Owner, you carry appropriate liability insurance on your rented item as required by any and all applicable state and federal laws or lenders and that provide adequate coverage for renter caused damages.
  4. Your User Content and Rentduck.com's use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights, and rights of publicity.
  5. To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.

THIRD-PARTY LINKS

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Rentduck.com. Rentduck.com does not endorse any such sites or the information, materials, products, or services contained on or accessible through such sites. Rentduck.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and Rentduck.com's Privacy Policy do not apply to your use of such sites. You expressly relieve Rentduck.com from any and all liability arising from your use of any third-party website or services or third party owned content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Rentduck.com shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or services that you visit.

INDEMNITY

You agree to defend, indemnify, and hold harmless Rentduck.com and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Service, including any data or content transmitted or received by you; (b) your violation of any term of this Agreement, including, without limitation, your breach of any of the representations and warranties above; (c) your violation of any third-party right, including, without limitation, any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule, or regulation of the United States or any other country; (e) any claim or damages that arise as a result of any of your User Content or any that is submitted via your Account; or (f) any other party's access and use of the Service with your unique Username, password, or other appropriate security code.

INSURANCE

Owners are responsible for obtaining and maintaining appropriate insurance for their Rentals. In the event that a Rental in which you participate as a Renter results in a claim covered by the owner's insurance, Rentduck.com may make reasonable efforts to assist you in submitting a claim. Rentduck.com does not guarantee the results of any claim submitted for coverage under the owner's insurance. In addition, you agree that all insurance-related communications will be conducted electronically.

NO WARRANTY

IF YOU CHOOSE TO USE THE SERVICE AND/OR PARTICIPATE IN A RENTAL, YOU DO SO AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT RENTDUCK.COM DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ANY USER, INCLUDING BUT NOT LIMITED TO RENTERS AND OWNERS. THE SERVICE AND ANY CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RENTDUCK.COM OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, RENTDUCK.COM, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE RENTDUCK.COM CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICE OR ANY RENTAL WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF THE SERVICE.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE INCLUDING BUT NOT LIMITED TO RENTERS OR OWNERS. YOU UNDERSTAND THAT RENTDUCK.COM DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICE AND RENTDUCK.COM IS NOT RESPONSIBLE FOR THE ACTION OF USERS OF THE SERVICE.

RENTDUCK.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE RENTDUCK.COM SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND RENTDUCK.COM WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RENTDUCK.COM, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE, INCLUDING WITHOUT LIMITATION ANY RENTAL. UNDER NO CIRCUMSTANCES WILL RENTDUCK.COM BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RENTDUCK.COM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (G) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL RENTDUCK.COM, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE GREATER OF EITHER (i) THE AMOUNTS PAID BY RENTDUCK.COM TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR (ii) ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RENTDUCK.COM AND YOU.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF RENTDUCK.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

The Service is controlled and operated from its facilities in the United States. Rentduck.com makes no representations that the Service is appropriate for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

ASSIGNMENT

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Rentduck.com without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

GENERAL

Termination

You may terminate your participation in the Service at any time, for any reason, upon receipt by us of your written or email notice of termination. We may terminate your participation in the Service at any time, for any reason or no reason, without explanation. We maintain sole discretion to bar your use of the Service in the future, for any reason that we determine or for no reason. This Agreement will remain in effect after your participation in the Service terminates.

Governing Law

You agree that: (a) the Service shall be deemed solely based in Utah; and (b) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Rentduck.com, either specific or general, in jurisdictions other than Utah. This Agreement shall be governed by the internal substantive laws of the State of Utah, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of a state court located in Washington County, Utah or the United States District Court for the District of Utah, for any actions for which we 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 our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, including any provisional relief required to prevent irreparable harm.

Class Action/Jury Trial Waiver

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND RENTDUCK.COM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

Notification Procedures

Rentduck.com may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Rentduck.com in our sole discretion. Rentduck.com reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Rentduck.com is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

Entire Agreement/Severability

This Agreement, together with all amendments, all documents referenced in this Agreement, and any other legal notices and agreements published by Rentduck.com via the Service, shall constitute the entire agreement between you and Rentduck.com concerning the Service. If a court of competent jurisdiction deems any provision of this Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Rentduck.com's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Claims

You and Rentduck.com agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Disclosures

The Service is offered by Rentduck.com, located at 297 W. Hilton Dr. #1, St. George, UT 84770 and can be reached via email at info@rentduck.com.

Fee and Commission Schedule

Fees shall be listed in full on each transaction. Rent Duck only charges marketing and transaction fees for accommodating payment collection done electronically. Members are allowed to use the site for free and collect payment in person for no fee. Rentduck.com may also charge for premium listing posts and may make commissions off of affiliate services offered.

Renter Eligibility Requirements

  1. Renters must be at least 18 years old and be competent enough to enter into a contract.
  2. It is the Renters' responsibility to verify Owner carries satisfactory insurance on any items rented prior to renting them. Failure to verify, shall mean that renter assumes all risk and liability of damages, death, injury, etc. resulting from rental of said item.
  3. All Renters who intend to use the product must be specified prior to entering a rental agreement and all renters must be 18 years or older.
  4. Renters who are prohibited from certain activities may not rent any item that they are currently restricted by State or Federal law from renting. Any item that is illegal to rent shall be prosecutable either as a renter or owner or both.
  5. Renters are fully liable to make sure a rental contract is used and that they agree to all of the terms of the rental contract prior to renting any item from an Owner. Beware: Do not rent from any owner that is not willing to sign a rental contract.
  6. It is renter's responsibility to verify that Owner is trustworthy and reputable. If you're not sure, or feel the transaction could be a scam, unsafe or inappropriate- walk away and report to the police if you feel that it merits such action.