Registration User Agreement
The following is the terms in which FundaRental.com offers you to access our services.
Welcome to FundaRental. Your one stop site for local online rentals and services. By using the services on the FundaRental website, you are agreeing to the following terms, including those available by hyperlink, (the “Agreement” or “User Agreement”) with FundaRental.com Inc. This Agreement describes the terms and conditions under which FundaRental offers you the services (as further described below) under the domain FundaRental.com and sub-domains described on the following sub-domain list:
The FundaRental web site and the domains listed above are collectively referred to as the “Site.”
For purposes of this Agreement, we will refer to the posting of information and other materials about items on the Site, access to the Site and other interactions and communications you have with FundaRental as the “Services.” If you have any questions about this Agreement, the Services, or the Site, please refer your questions to email@example.com.
Before you may use our Services, you must read, agree with, and accept all the terms and conditions contained in this Agreement, including the terms and conditions provided in the pages and sites available by clicking on the links (“Links”) provided on the site. The agreement that applies on any of our domains and sub-domains is always the agreement that appears in the footer of the Site.
This agreement is effective upon clicking “I agree”, “I accept” or any similar worded button or entry field with your mouse, keystroke or other computer device in connection with this agreement. When the above stated is entered you are:
- intending to create an electronic signature affirming your full understanding and agreement to be legally and contractually bound by all of the Terms and Conditions of this Agreement.
- are agreeing that your use of the Site will be governed by this Agreement and the Privacy Statement page of our Site www.FundaRental.com, each posted on the Site and updated from time to time,
- consenting to electronic delivery of items in HTML format,
- acknowledging and demonstrating that you can access this Agreement and other HTML disclosures and agreements on our website,
- specifically representing and warranting that you have the power and authority to enter into this Agreement, are over the age of 18 years at the time you click on the Acceptance Button, and
- have read, understood and agree with all other Terms and Conditions asset forth below.
While using FundaRental.com You will not:
- post content or items in an inappropriate category or areas on the Sites;
- violate any laws, third party rights, or our policies;
- use the Sites if you are under the age of 18;
- fail to deliver payment for items rented by you, unless the lender has materially changed the item’s description after you clicked the rent button, a clear typographical error is made, or you cannot authenticate the renters identity;
- fail to deliver items rented from you, unless the renter fails to meet the posted terms, or you cannot authenticate the buyer’s identity;
- manipulate the price of any item or interfere with other user’s listings;
- circumvent or manipulate our fee structure, the billing process, or fees owed to FundaRental.com;
- post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Sites or for using it for purposes unrelated to FundaRental.com);
- transfer your account (including feedback) and User ID to another party without our consent;
- distribute or post spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm FundaRental users, or the interests or property of FundaRental users;
- copy, modify, or distribute content from the Sites and FundaRental.com copyrights;
- harvest or otherwise collect information about users, including email addresses, without their consent.
FundaRental.com has the right to modify or terminate this Agreement in any way at any time without notice to you by posting such modifications on the Site. You further agree to abide by any rules, policies, procedures, standards, requirements or other conditions we may establish and post on our Site from time to time in connection with the use of our Services.
If you do not agree to be bound by the Terms and Conditions of this Agreement, or if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site, do not use or access our services.
Use by Agents and Representatives.
In the event that you are the legal representative of a person or entity on whose behalf you will utilize the Services, you hereby represent and warrant that you are the duly authorized agent of such person or entity (the “Principal”) and that such Principal (i) has received a copy of this Agreement; (ii) has duly and properly approved use of the Services on the Principal’s behalf and has authorized you to enter into this binding Agreement by and on behalf of the Principal; and has agreed to pay all costs, fees and expenses (including, without limitation, reasonable attorneys fees) which result from the Agents use of the Services on behalf of Principal. Without limiting anything contained herein, you acknowledge, accept and agree to indemnify, defend and hold , FundaRental, their officers, directors, shareholders, employees, agents, partners, or licensors (“FundaRental Entities”) harmless from any liabilities, claims, damages, costs and expenses (including reasonable attorneys fees) which arise from a breach of this representation by you or as a result of any action or omission by you. For purposes of this Agreement, the word “you” or “your” shall also mean the Agent, Principal, Principal as acting through its duly authorized Agent and any other person or entity which has agreed to this Agreement.
Fees and Services
FundaRental does not facilitate, nor endorse any Item or user of the Site. FundaRental acts as a passive conduit for the online display, transmission and distribution of user-submitted Content (as defined below) and that you, and not the FundaRental Entities, assume all responsibility for your use of the Services, Site and any Item.
The Services allow the posting of information regarding various items available for rent or use. You may browse the Site without registering, however if you wish to post an item on the Site, or respond to a posting on the Site, you must register on the Site as set forth below. For purposes of this Agreement, all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted submitted to FundaRental shall be referred to as “Content.”
If you become a FundaRental member, you may view an Item on our Site without charge. However, there is a fee for other services, such as listing Items on our Site. You may review the fees that we charge for our Service at FundaRental.com, which we may change from time to time without notice to you.
All fees are in U.S. Dollars. You agree and acknowledge that you are responsible for paying all fees and applicable taxes associated with your use of the Service. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms and you will be responsible for all collection charges.
You acknowledge and agree that if you conduct a transaction using our Service, you are responsible for paying all fees and any applicable taxes that are charged for the Item directly to the Posting Party as further described below.
To register, visit FundaRental.com, fill in the required information, and click the “register” button.
FundaRental does not pre-screen, monitor or control Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will FundaRental be liable in any way for any Content. If you have a complaint regarding any Content posted on the Site, please send an email to our abuse department by following this link: firstname.lastname@example.org.
You understand and agree that the Site may include advertisements, that you may receive certain administrative communications and announcements from FundaRental, and that you hereby consent to receiving these.
You understand and agree you are responsible for the payment for: obtaining access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges), and providing and maintaining all equipment necessary to access the Services.
You agree that you will not exchange and information to any person in a transaction in which you are involved which would enable that person to contact you before or during the process, and provide private information or the contact information of any other person, including members, in any communication on the Site. You agree that if you violate the above restrictions, FundaRental may immediately terminate your account.
In consideration of your use of the Services, you represent that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide and update true, accurate, current and complete information about yourself as prompted by the Services’ registration form. If you provide any information about yourself or any item you wish to display or include on the Site that is, or in FundaRental’s reasonable belief is, untrue, inaccurate, or incomplete, FundaRental reserves the right to suspend or terminate your account without notice to you.
Account, Password and Security
You will receive a password and account designation upon completing the Services’ registration process. You are responsible for maintaining the confidentiality of the password and account and for all activities that occur under your password or account. You agree to: immediately notify us of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. FundaRental cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph. You agree to notify FundaRental immediately of any unauthorized use of your password by sending an email to our support department at the following link: email@example.com.
Retention and Disclosure of Your Information by FundaRental
You acknowledge, consent and agree that FundaRental may access, preserve and disclose your account information and any material you post on the Site if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Agreement; respond to claims that any information or materials you post in connection with the Site violates the rights of third parties; respond to your requests for customer service; or protect the rights, property or personal safety of FundaRental, its users and the public.
Your Obligations as a User of the Site and Services. You agree that you will only upload, post, send and receive information and materials, including graphics, that are accurate, and that are legal and proper and related to the purpose of the Site.
Conduct on the Site
You agree that you will not, under any circumstances, post, email, or otherwise make available any Content or material on the Site that (a) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way; (b) is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to: (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person; that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
Prohibited and Restricted Items
You agree you will not use the Site to advertise, encourage or engage in any illegal activity or services, including without limitation, the infringement of any third party intellectual property, or the sale, rental, lease, licensing or other distribution (“Transfer”) of any items which appear on the Prohibited and Restricted Items list below or which violate any federal, state or local law or regulation (“Prohibited Items Policy”). The following is an illustrative and not an exhaustive list of items, the Transfer of which violates federal, state or local law or regulation. You agree it is your responsibility to determine, and FundaRental assumes no responsibility for providing legal advice on whether any item you are listing or purchasing on the Site violates any federal, state or local law or regulation.
The following is a list of items to that are prohibited from being listed on this site. We reserve the right to change or modify this list at any time without notification.
- Academic or educational software and other materials which you have not been authorized by the owner to sell, rent, license or distribute, including without limitation, teacher edition materials
- Adult entertainment materials
- Alcohol or any alcohol related products
- Agricultural products including, without limitation, seeds, trees and plants
- Animal products, unless you have received authorization from the appropriate government body
- Artifacts and antiquarian items and other items the transfer of which would violate federal, state or local laws
- Autographed items for which you cannot verify the authenticity
- Cable TV, satellite descramblers and other equipment allowing circumvention of the rights of third parties
- Catalytic converters and other regulated auto parts
- Cigarettes and other tobacco products
- Clothing which is used except when cleaned according to the manufacturers’ recommendations (and never underwear)
- Copyrighted materials which you have not been authorized by the owner to sell, rent, license or distribute
- Counterfeited materials, replicas, and other unauthorized items
- Devices that allow video game consoles to play backup or import versions of games
- Cosmetic or make up that has been used or opened
- Drug paraphernalia and drugs, including without limitation, any pharmaceuticals or other drugs requiring a prescription from a physician and any banned or illegal substances
- Entertainment items, downloadable, recordable and copyrighted media which you have not been authorized by the owner to sell, rent, license or distribute
- Equipment and other items that have been recalled or are deemed unlawful by the Federal Communications Commission
- Firearms, weapons and knives of any kind
- Food items and other perishable goods
- Government documentation of any form and any government or government related identifications, licenses and transit uniforms
- Government related equipment including without limitation, postal meters and law enforcement equipment
- Greeting cards, posters or other printed media which you have not been authorized by the owner to sell, rent, license or distribute
- Hazardous substances and items containing hazardous substances in violation of federal, state and local laws
- Human or animal remains or body parts
- Items restricted or regulated by federal, state and local laws
- Medical devices and any regulated hospital equipment
- Offensive material including without limitation media containing hate or racial messages
- Pesticides and other regulated substances
- Personal information whether individual, or included on mailing lists
- Police related materials and items prohibited by police and other law enforcement agencies, including without limitation, lock picking devices and surveillance equipment
- Raffle tickets and similar offers and games
- Property on which serial numbers has been erased
- Pyramid programs and ponzi schemes or similar games and offerings
- Software or hardware that allows or enables users to make unauthorized copies of copy-protected video games, software programs, CD-ROMs, DVDs, CDs, etc.
- Services that are regulated by federal, state of local governments
- Slot machines
- Stocks bonds, options, other securities and regulated material
- Stolen property and bailed property of any kind
- Transit and shipping related materials
Violations of this Prohibited Items Policy and the listing of items described on the above list may result in the immediate removal and cancellation of your listings, termination of your account, and forfeiture of the fees paid on cancelled listings. You may also be subject to civil and criminal penalties.
Potentially Misleading or Offensive Content
FundaRental shall have the right to remove any Content that violates the Terms and Conditions or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by FundaRental or submitted to FundaRental on the Site.
YOU AGREE NOT TO POST ANY PORNOGRAPHIC IMAGES OF CHILDREN OR OTHER “CHILD PORNOGRAPHY” ON THIS SITE AND YOU ACKNOWLEDGE THAT YOU HAVE BEEN INFORMED THAT SUCH AN ACT IS A CRIMINAL OFFENSE.
FundaRental shall investigate all acts in violation of the above restrictions and compromises of its security and shall take all measures necessary to protect the Site and the Services, including, without limitation, cooperating with law enforcement authorities in prosecuting persons who perpetrate such acts.
The Site contains links to third-party websites. FundaRental is not responsible for the content and makes no representations regarding the accuracy, legality or decency of the Content on such third-party web sites. If you access these third-party web sites, you do so at your own risk.
FundaRental Rights to Post Content
With respect to any Content you submit or make available for inclusion on the Site, you hereby grant to FundaRental a worldwide, perpetual, fully paid up, royalty free, sublicenseable license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Site and in connection with the Services.
FundaRental Intellectual Property
Title to and ownership of all copyright and other intellectual property of any kind used in connection with the development, maintenance and operation of the Site, shall be and at all times remains with FundaRental and its licensors (“FundaRental IP”). FundaRental IP is protected under the laws of the United States and various international laws. Unauthorized use of the Site or the FundaRental IP may violate such laws, and is a breach of these Terms and Conditions. You may not modify, print out, distribute, transmit, publicly display, publicly perform, communicate to the public, reproduce, publish, license, create derivative works from, transfer or sell any of the FundaRental IP.
Infringement of Intellectual Property
FundaRental’s policy is to respect the intellectual property of others. FundaRental may, in its sole discretion, terminate your account as the result of any infringement or FundaRental’s reasonable belief of your infringement of the intellectual property rights of any third party. If you believe your intellectual property rights have been violated, please provide FundaRental with the following information at www.fundarental.com: an electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest; a description of the intellectual property that is claimed to be infringed; the location of the infringed material on the Site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the use is not authorized by the copyright owner; your statement, made under penalty of perjury, that the provided information is accurate and that you are the intellectual property owner or authorized to act on behalf of the intellectual property owner.
Payment of Posting Parties
YOU ACKNOWLEDGE AND AGREE THAT FUNDARENTAL ACTS AS A PASSIVE CONDUIT FOR THE ONLINE DISPLAY, TRANSMISSION AND DISTRIBUTION OF USER-SUBMITTED CONTENT. Your correspondence or business dealings with Posting Parties of such user-submitted content found on or through the Services, including payment and delivery of Item, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Posting Party. You agree that FundaRental shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the activities of any Posting Parties.
ASSUMPTION OF RISK
YOU EXPRESSLY UNDERSTAND AND AGREE TO EACH OF THE FOLLOWING:
- FUNDARENTAL DOES NOT ENDORSE ANY ITEM OR USER OF THE SITE. FUNDARENTAL ACTS AS A PASSIVE CONDUIT FOR THE ONLINE DISPLAY, TRANSMISSION AND DISTRIBUTION OF USER-SUBMITTED CONTENT;
- FUNDARENTAL HAS NO KNOWLEDGE OF, CANNOT GUARANTEE, AND TAKES NO RESPONSIBILITY FOR, SCREENING, MONITORING OR REVIEWING ANY CONTENT, THE ACCURACY OF ANY CONTENT, OR THE QUALITY OR SAFETY OF ANY ITEM POSTED ON THE SITE, AND ANY AND ALL RELIANCE YOU HAVE WITH RESPECT TO THE ABOVE WILL BE AT YOUR OWN RISK;
- USE OF CERTAIN ITEMS MAY INVOLVE RISK OF LOSS, DAMAGE TO PERSONAL AND REAL PROPERTY OR INJURY OR DEATH TO YOU AND TO OTHERS, AND YOU ASSUME SUCH RISK;
- YOU, AND NOT FUNDARENTAL, ASSUME ALL RESPONSIBILITY, INCLUDING WITHOUT LIMITATION, THE INDEMNIFICATION OF THE FUNDARENTAL ENTITIES AS SET FORTH BELOW, FOR YOUR USE OF THE SITE, SERVICES AND ITEM, INCLUDING WITHOUT LIMITATION, PAYMENT OF ALL CLAIMS, LOSSES AND DAMAGES (INCLUDING REASONABLE ATTORNEYS FEES) IN CONNECTION WITH ANY LOSS, CLAIM, DEMAND, REAL OR PERSONAL PROPERTY DAMAGE, INJURY OR DEATH RESULTING FROM YOUR USE OF THE SERVICES, SITE AND ANY ITEM TO YOU, ANOTHER PERSON AND ANY PROPERTY;
- IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF THE SITE, FUNDARENTAL WILL NOT BECOME INVOLVED IN THE DISPUTE. YOU RELEASE THE FUNDARENTAL ENTITIES FROM CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.THE SITE AND SERVICES ARE PROVIDED AS-IS AND WITHOUT ANY WARRANTY OF ANY KIND. THE FUNDARENTAL ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY, QUALITY OR SAFETY OF THE ITEM, INCLUDING WITHOUT LIMITATION, MANUFACTURING DEFECTS AND OTHER DEFECTS IN QUALITY OF WORKMANSHIP OR MATERIALS INHERENT IN ANY ITEM.
- IN ADDITION, THE FUNDARENTAL ENTITIES PROVIDE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND THE QUALITY OF THE SERVICES, INFORMATION AND OTHER MATERIAL, AND THE SAFETY AND WORKING CONDITION OF ANY ITEM WILL MEET YOUR EXPECTATIONS. . NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FUNDARENTAL OR THROUGH OR FROM THE SITE AND THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
THIS SECTION DESCRIBING YOUR ASSUMPTION OF THE RISK SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
LIMITATION OF LIABILITY AND DISCLAIMER OF DAMAGES
IN NO EVENT SHALL THE FUNDARENTAL ENTITIES BE LIABLE FOR ANY CLAIMS, DEMANDS, LOSS OR DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, REVENUE, SALES, DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, REAL OR PERSONAL PROPERTY DAMAGE, PERSONAL INJURY, DEATH, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING IN CONNECTION WITH YOUR OR OTHERS’ USE OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION, THE ITEM, EVEN IF THE FUNDARENTAL ENTITIES WERE OR ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THAT THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. IN THE EVENT THIS IS THE CASE FOR YOU, THE AGGREGATE LIABILITY OF THE FUNDARENTAL ENTITIES TO YOU FOR ALL CLAIMS ARISING FROM THE SITE AND/OR THE USE OF THE CONTENT OR PRODUCTS IS LIMITED TO $150. THIS SECTION DESCRIBING THE LIMITATION OF LIABILITY AND DISCLAIMER OF DAMAGES SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.YOU ACKNOWLEDGE, ACCEPT AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE FUNDARENTAL ENTITIES FROM AND AGAINST ANY LIABILITIES, CLAIMS, DAMAGES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES) WHICH ARISE DIRECTLY OR INDIRECTLY IN CONNECTION WITH YOUR USE OF THE SERVICES, SITE OR ANY ITEM.
THIS SECTION DESCRIBING INDEMNIFICATION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
You agree that FundaRental may, in its sole discretion, and without prior notice, immediately terminate your FundaRental account, any associated email address, and access to the Services and delete your Content on the Site. You also agree that FundaRental shall not be liable to you or any third-party for any termination of your access to the Services and you agree that you will not attempt to use the Site thereafter.
Limited Site and Content Access
FundaRental makes no claims that the Site or its Content may be lawfully accessed, viewed or downloaded outside of the United States. Any such use of the Site and the Content may not be lawful by certain persons or in certain territories. If you access any of these from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of whatever jurisdiction you are in at the time.
Governing Law; Venue, Severability of Paragraphs
This Agreement, and any future agreements you enter into with FundaRental, unless otherwise indicated in the body of such other agreement, shall be governed by the law of the state of Minnesota, (exclusive of the choice of law doctrines) whether you reside or transact business with FundaRental in Minnesota or elsewhere. If any of the provisions of this Agreement are determined to be invalid, illegal, or unenforceable, such provisions shall be modified to the minimum extent necessary to make such provisions enforceable, and the validity, legality, and enforceability of the remaining provisions of this Agreement shall continue in full force and effect.
Waiver, Assignment and Entire Agreement
You agree to indemnify, defend, and hold harmless Management Specialties from any and all liability, penalties,
losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly
from your use of the FundaRental service which damages either you, Management Specialties,
or any other party or parties without limitation or exception.
This indemnification and hold harmless agreement extends to all issues associated with your usage of FundaRental,
including but not limited to rentals and items lent.