RANNSAK TERMS OF SERVICE
Last Revised: April 15, 2024
By accepting the Terms of Service outlined here (the “Agreement”), you recognize that you are
entering into a legally binding contract with RANNSAK LLC (“RANNSAK”, “We”,
“Our”, or “Us").
When you or the company or entity you represent (also known as the “User”, “you”)
(collectively with RANNSAK, the “Parties”, and each a “Party”) use RANNSAK’s Services (as
defined below), then you consent to the terms of the Agreement contained herein, and to be
bound by this Agreement, and any other conditions of use mentioned herein. If you agree to the
Agreement, then you are also warranting that you have the legal right and authority to bind
yourself (or the entity you represent) to the Agreement.
The terms of this Agreement govern all RANNSAK services, (the “Services”) which includes
the website located at www.rannsak.com (the “Site”).
If for any reason you disagree to abiding by any of the terms or conditions set forth in this
Agreement, or any of the other conditions mentioned herein, then you must not use, access, or
engage with the Services.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES, AS
THESE TERMS AFFECT YOUR LEGAL RIGHTS.
IMPORTANT NOTICE - ARBITRATION AGREEMENT AND CLASS ACTION
WAIVER: BY AGREEING TO BE BOUND BY THE AGREEMENT, YOU AGREE THAT
ALL DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION,
EXCEPT FOR CERTAIN LIMITED TYPES OF DISPUTES DESCRIBED IN SECTION 10
BELOW. YOUR AGREEMENT TO ARBITRATION MEANS YOU ARE GIVING UP THE
RIGHT TO GO TO COURT AND THE RIGHT TO A TRIAL BY JURY, AND INSTEAD,
DISPUTES WILL BE DECIDED BY A NEUTRAL ARBITRATOR. YOU ALSO AGREE
THAT ALL DISPUTES BETWEEN US, WHETHER IN COURT OR IN ARBITRATION,
WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND YOU ARE WAIVING
YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ARBITRATION OR CLASS
ACTION AS DESCRIBED IN SECTION 11(c).
Any terms of this Agreement may be modified at any time. Be sure to visit this page often to
ensure you understand the current terms of the Agreement. Please refer to Section 11(e) for more
details.
YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF
UPDATED TERMS OF SERVICE, WILL INDICATE ACCEPTANCE BY YOU OF SUCH
TERMS OF SERVICE, CHANGES, OR MODIFICATIONS.
1. RANNSAK’s Services
(a). Description of the Services
The Services consists of providing an online platform whereby Users have the capacity to list
particular items or services for rent (a “Rental Listing”). Users who use the Services to make
Rental Listings for others to rent are called “Listers”. Users who use the Services to rent
Rental Listings from Listers are called “Renters.” Users of the Services may be both Listers
and Renters. In using the Services, Listers and Renters enter into a contract directly between
themselves for the temporary renting of Rental Listings.
For Listers that offer services for rent on a Rental Listing, Listers may (a) maintain a
clientele without any restrictions from RANNSAK; (b) offer and provide their services
elsewhere, including through competing platforms; and (c) accept or reject any offers for
Rental Listings. Listers that offer services are independent contractors of Renters, and
Renters are therefore clients of Listers, not RANNSAK.
YOU UNDERSTAND THAT RANNSAK IS NOT THE LISTER OR RENTER IN ANY
TRANSACTION. RANNSAK IS SIMPLY A PLATFORM TO CONNECT USERS. AT NO
POINT DURING ANY RENTAL DOES RANNSAK POSSESS TITLE TO ANY
PHYSICAL GOODS SUBJECT TO A RENTAL LISTING, NOR DOES RANNSAK
PERFORM ANY SERVICES THAT MAY BE PART OF A RENTAL LISTING.
You hereby acknowledge and agree that (a) RANNSAK does not (i) perform services subject
to any Rental Listing nor employ individuals to perform such service, (ii) supervise, scope,
direct, control or monitor any Lister’s services (including that RANNSAK does not set
Lister’s work locations, work hours, or terms of work), nor provide tools or supplies to, or
pay any expenses of, Listers, or (iii) have any control over the quality, timing, legality,
failure to provide, or any other aspect whatsoever of Rental Listings or Renters (or the acts or
omissions thereof), nor of the integrity, responsibility, competence, qualifications,
communications, or the ratings or reviews provided by Renters or Listers with respect to each
other; and (b) the rental of any services subject to a Rental Listing will not, under any
circumstances, create any responsibility or liability for RANNSAK, nor any employment or
other relationship between RANNSAK and the Renters or between the Renters and the
Lister. Users do not have authority to, and may not act as agent for, nor bind or make any
representations on behalf of, RANNSAK (including that Listers may not modify all or any
part of the RANNSAK Fee Policy (see Section 4 below)).
You understand that there are inherent risks when conducting both financial and
interpersonal transactions with others. Furthermore, you understand that these risks are borne
by you, and not RANNSAK. You are solely responsible for your decision to use the Services,
rent Rental Listings (as either the Lister or Renter), complete any business transaction, or
communicate with other Users on the Services.
(b). Associated Fees and Pricing
While there is no fee to register for the Services, RANNSAK does charge specific fees for
certain transactions as set forth in the Fee Policy which can be found in Section 4 of this
Agreement. All monetary amounts referenced herein are in U.S. dollars.
(c). Account Registration and Access
Any personal information you provide to RANNSAK is governed by Our Privacy Policy
(available on the Site). You understand that RANNSAK may institute policies and practices
with regard to use of the Services, including but not limited to policies concerning the
termination of inactive accounts, removing and/or permanently deleting content or data, and
any other policies and practices that are within RANNSAK’s business interests. You further
acknowledge that RANNSAK has the right to change Our policies and practices at any time,
with or without notice, at Our sole discretion.
The Services are explicitly designed for adults and are not available for use by any person
under the age of 21. RANNSAK may, but does not have the obligation to, verify any User’s
identity through any means at any time, including (but not limited to) social media profile
searches, word of mouth interviews, and using third-party verification service(s).
The Services may not be accessed or used by those individuals who are either temporarily or
permanently suspended Users of the Services.
You maintain responsibility for keeping your account information and password confidential.
You agree to be responsible for any and all transactions that occur within your account. If
you believe that the security of your account has been compromised or that your account is
being used without your authorization, then you agree to immediately notify Us.
(d). Transactions
Once a Lister makes a Rental Listing and accepts an offer from a Renter to rent the good
or service, the two parties have entered into a legally binding contract, and the transaction
is considered to be a “Rental”. Upon renting a Rental Listing and establishing a Rental,
the Renter must remit payment for the Rental Listing to the Lister via RANNSAK’s
payment method as outlined in Section 4 below. RANNSAK is not an auctioneer, Renter,
Lister, provider of services advertised in a Rental Listing, or carrier.
All Rentals are final. Returns, refunds, cancellations, or retractions are not allowed,
except where (a) Renter cancels an order more than three (3) days before the proposed
start date of the reservation, or (b) the Rental is canceled where explicitly permitted by
RANNSAK or, where applicable, a Lister. All Renters who cancel more than 3 days
before the reservation start will be returned 80% of the listing cost (not including
RANNSAK’s Services fee). Renters that cancel a reservation the day of or after a Rental
period starts will receive no refund.
RANNSAK reserves the right, but not the obligation, to allow Renters to return a
physical item that is subject to a Rental Listing, in its sole discretion. In the event that an
item received differs in a material way (as determined by RANNSAK) than how the item
was described by the Listers, then Renters may report their concerns through the Services
or by sending an e-mail to info@rannsak.com, within one (1) day of the item being taken
possession of by the Renter. Renters may not return or request a refund for any Rental
Listings that list services for rent.
2. Third Parties
(a). Relationship with Third-Party Services
RANNSAK reserves the right to, at its discretion, provide your User Content (as defined
below) to third-party services or third-party service providers (collectively known as “Third-
Party Service(s)”). Third-Party Services may contact you via e-mail and telephone
correspondence with other offers and links to websites outside of the RANNSAK network.
These Third-Party Services are provided “AS IS'' without indemnification, support,
endorsement, or warranty of any kind. The terms of this Agreement do not apply to your use
of any Third-Party Service as defined herein.
You maintain sole responsibility for assessing the Third-Party Services offered and choosing
whether or not you want to access or use the Third-Party Services offered. When applicable,
you may choose to opt out from Third-Party Services available outside of the RANNSAK
network, or you may choose to not contact or use any or all of the Third-Party Services at
any time. We reserve the right to suspend Third-Party Services at Our sole discretion and at
any point in time We deem appropriate.
Prior to your use of any Third-Party Service, it is your responsibility to review and consider
the individual terms of service and/or privacy policies of the Third-Party Service.
RANNSAK is not responsible for Third-Party Services. We do not recommend, endorse, or
necessarily approve of any features, content, advertising, services, or products offered by any
Third-Party Service.
(e). Third-Party Products, Services, and Materials
RANNSAK is not responsible or liable under any circumstance for (1) any material
published on the Services by third parties, other Users, or at the direction of Users, including,
but not limited to User Content (as defined below), (all, “Third-Party Materials”), or (2)
any errors, omissions, loss, or damage of any kind as a result of such Third-Party Materials
on the Services. By using the Services, you explicitly acknowledge and agree that
RANNSAK does not, and has no obligation, to review, appraise, inspect, and/or conduct any
due diligence whatsoever of any Third-Party Materials on the Services, however RANNSAK
reserves the right to do so, and delete Third-Party Materials at any time for any reason at Our
sole discretion. You agree that you accept all risk associated with the use, reliance, condition,
accuracy, completeness, or usefulness of Third-Party Materials.
3. User Responsibilities; Use of Your Content; Listing Conditions;
Termination
(a). User Account Responsibilities
As a User of RANNSAK‘s Services, you accept that you are solely, exclusively, and entirely
responsible for all information, descriptions, items, Rental Listings, products, services,
offers, purchases, Rentals, pictures, files, listings, communications, data, text, documents,
music, videos, media, comments, or any other materials (“User Content”) that you upload,
post, publish, transmit, submit, rent, or display (“Post”) via the Services.
As described below, RANNSAK prohibits certain types of User Content from being Posted
to the Services. RANNSAK retains the right to investigate, pursue legal action, or take any
other action necessary as it pertains to managing the Services, your User Content, Posting, or
use, without limitation, including preserving or saving such User Content as necessary for
investigative purposes.
As a User, you explicitly agree that you will refrain from using the Services to (1) offer any
User Content, Postings, or communications that are unlawful, harmful, violent, illegal,
infringing on rights of third-parties, objectionable, pornographic, libelous, invasive, or enable
money laundering, gambling or any other unlawful or unwarranted behavior; (2) violate any
law, rule, or regulation, including any anti-spam, data privacy, or other restriction that may
be applicable to your use of the Services; (3) create any derivative works of the Services or
reverse engineer any part of the Services, or put unreasonable load on the Services
infrastructure or interfere with the networks connected to the Services infrastructure; (4)
promote or encourage any illegal activity or enterprise; (5) stalk, harass, bully, intimidate,
threaten, impersonate, or solicit personal or private data from anyone, especially those that
are under the age of 18; (6) copy, scrape, harvest, or use automated systems to retrieve
personal information from the Services for use by any party not included in this Agreement;
(7) rent anything you don’t have an explicit right to rent under the law; (8) create a privacy or
security risk; (9) infringe on any party’s intellectual property; (10) send Users e-mail, junk
mail, fraudulent communications, schemes, or other types of spam; (11) distribute, share, or
upload viruses that interfere with or interrupt the Services; or (12) take any action or inaction
that RANNSAK, in its sole judgment, believes is questionable or could cause harm or
liability to itself or others.
Without limiting the generality of the foregoing, you may use data and information of other
Users only (i) to support the contemplated transactions arising from the Services (i.e., a
Rental); or (ii) for any purpose for which you have obtained the valid consent of the User.
(f). Use of Content
By making use of the Services, you understand that all User Content will be shared with and
viewed by other Users and will generally be made public to anyone who accesses the
Services.
You warrant that you own all rights to the User Content submitted or transmitted to Us or is
uploaded to the Services, or, otherwise, that you have the right to give Us the license
described below, including the correct and legal permissions and consents for any personally
identifiable information you may provide or submit to the Services.
By Posting, uploading, or transmitting any User Content you hereby grant to RANNSAK a
nonexclusive, worldwide, royalty free, fully paid up, transferable, perpetual, irrevocable
license to copy, display, transmit, distribute, store, modify, make derivative works of, and
otherwise use in any manner your User Content in connection with the operation of the
Services or any other products or services of RANNSAK, or the promotion, advertising or
marketing thereof, in any form, medium or technology now known or later developed
(including without limitation publishing your User Content on the Internet or on Third-Party
Services such as Facebook, sharing it with blogs, etc., and allowing other Users to share
listings that include your User Content). Furthermore, by using the Services, you explicitly
warrant that the User Content does not in any way infringe on the intellectual property rights,
privacy rights, publicity rights, or other legal rights of any third party. We are not obligated
to monitor any User Content Posted, uploaded, or transmitted by Users on the Services,
although We reserve the sole right to do so with or without notice, to prevent, halt, or remedy
any alleged violations of this Agreement or any law. We reserve all defenses made available
to Us by the Communications Decency Act and any other applicable laws, rules, or
regulations. We reserve the right to refuse to accept or display the User Content Posted or
otherwise provided to Us and may delete all or any portion of the User Content at any time
for any reason.
You agree that RANNSAK does not assume responsibility for the accuracy, usefulness,
safety, or intellectual property rights of User Content. You further agree and understand that
you may be exposed to User Content that is inaccurate, offensive, or otherwise objectionable.
Any and all User Content you submit to Us is not considered private or confidential by
RANNSAK, and will be considered and treated as public information. You understand and
agree that User Content you submit is intended to be and will be shared with other Users of
the Services as well as third parties. RANNSAK has no control over and assumes no
responsibility or liability for what other Users may or may not do with your User Content.
You acknowledge and agree to the fact that any inquiries, comments, ideas, feedback,
messages, or other information about the Services (“Submissions”), provided by you to
RANNSAK are strictly non-confidential. RANNSAK shall be entitled to the unrestricted use
and distribution of these Submissions for any purpose, without acknowledgment or
compensation to you. Should you decide that you do not want your submitted User Content
to be treated as public then you must immediately exit the Services and cease any further use
of the Services.
(g). Rental Listing Conditions
i. Prohibited Listings
RANNSAK expressly forbids the advertising or Rental of any Rental Listing that is
illegal to sell or rent under any applicable federal, state, or municipal law, statute, or
ordinance. RANNSAK does not permit the Rental of counterfeit items or any items
which infringe on the intellectual property rights of others. RANNSAK retains the right
to approve or deny any Rental Listing, for any reason at any time.
i. Representations, Warranties, and Covenants of Listers
By making a Rental Listing on the Services, you explicitly warrant that you have the
legal authority to rent to others such Rental Listing. You explicitly warrant that you have
title to any physical item listed on the Services. Furthermore, you warrant that your
provided Rental Listing description is drafted truthfully, accurately, and completely. This
includes accurate and current images included with any Rental Listing. Using stock
images, out of date images, or any other non-current or non-specific image(s) on a Rental
Listing constitutes a breach of this Agreement. In addition to any remedies set out herein,
a violation of this Section will render your Rental Listing subject to removal at the sole
discretion of RANNSAK at any time. You agree to provide safe Rental Listings in good
working and mechanical condition, and to provide any services in a safe manner. Before
making a Rental Listing of a physical item, you are required to regularly check any
physical items for defects in its operations or safety. You agree to not list any physical
items which have been illegally or improperly modified. You promise and warrant, at all
times, all physical items in a Rental Listing will be in safe condition, in good mechanical
condition, and in full compliance with any and all applicable inspection and registration
requirements. You agree to regularly check or inspect your physical items in a Rental
Listing for any defects in its operations or safety. If RANNSAK believes your Rental
Listing does not conform to reasonable standards, RANNSAK may notify you and
reserves the right to remove or decline your Rental Listing.
You agree not to cancel a Rental for the exclusive purpose of obtaining a higher price
from a different Renter. A Lister maintains the right to change the Rental Listing pricing
as the Lister chooses, although not while the Rental Listing is subject to a Rental.
RANNSAK will transmit the applicable Rental Fee (defined below) to a Lister in
accordance with the Fee Policy, as described in Section 4(a) of this Agreement.
ii. Offering services in Rental Listings
This section contains certain provisions specific to Listers that offer services in any
Rental Listing. If you are a Lister that offers any services in a Rental Listing, in addition
to the representation, warranties, and covenants you made and agreed to in Section
3(c)(ii) above, you also represent and warrant that, in your access to and use of the
Services, you:
are operating as a sole proprietor, partnership, limited liability company, limitedliability partnership, corporation or other business entity when using the Services; are customarily engaged in an independently established business of the same natureas the services performed for Renters through the Platform, and maintain anindependent clientele; have the unrestricted right to work in the jurisdiction in which you perform tasks andservices; have and will maintain (at your own expense) any licenses, permits, and/orregistrations required by applicable laws that apply to your performance of anyservices offered in a Rental Listing (including, without limitation and as applicable, abusiness license, business tax registration, and/or contractor’s license); have and will maintain all insurance required to operate your business and performthe services; will respond to invitations promptly; provide timely, high-quality services for yourRenters; only offer and provide services for which you have the necessary expertise toperform, and perform the services as agreed upon with the Renter in a safe manner; will not offer or provide any services that are unlawful, harmful, violent, or illegal;and will promptly disclose to RANNSAK in writing if you have any potentially relevantcriminal convictions (other than minor fixed penalty parking or speeding offenses)that arise during your use of the Services.
RANNSAK does not independently verify that Listers who offer services in a Rental
Listing have the necessary expertise, or have obtained any licenses, permits, or
registrations required, to perform their Rental Listings. It may be unlawful to perform
certain types of Rental Listings without a license, permit and/or registration, and
performing same may result in law enforcement action and/or penalties or fines. Renters
and Listers are solely responsible for avoiding such prohibited Rental Listings. If you
have questions about how any laws apply to your Rental Listings on the Platform, you
should first seek appropriate legal guidance. Renters are solely responsible for
determining if a Lister has the skills and qualifications necessary to perform the specific
services subject to a Rental Listing and confirming that the Lister has obtained all
required licenses, permits, or registrations, if any. Renters may wish to consult their
applicable legal requirements to determine whether certain Rental Listings are required to
be performed by a licensed or otherwise registered professional.
iii. Representations, Warranties, and Covenants of Renters
You agree that you are solely responsible for assessing and reviewing a Rental Listing
before making an offer to the Lister or deciding to rent a Rental Listing from a Lister.
You agree to exercise reasonable care during the course of the Rental, and to operate any
physical item rented from a Rental Listing in compliance with all applicable laws. THE
CONTRACT TO RENT THE ITEM IS BETWEEN YOU AND THE LISTER, NOT
RANNSAK.. IN THE CASE OF A RENTAL LISTING RELATING TO SERVICES,
RANNSAK IS NOT PERFORMING SUCH SERVICES. Renters shall complete a visual
inspection of any physical item being rented before taking possession of the Rental
Listing. In the event that a Renter finds damage during an inspection, they must take
photos of any such damage and notify RANNSAK. Should a Renter find damage before
taking possession of the physical item subject to a Rental Listing but fail to report it,
Renters agree and understand that it will be assumed that such damage did not exist prior
to the Rental, and any required deposit will be forfeited per Sections 4(c) and 5(a).
Renters shall not (1) permit someone who is not of reasonable age to use any physical
items subject to a Rental Listing; (2) use physical items subject to a Rental Listing with
the intention to cause damage; (3) use any Rental Listing with wanton, willful, or reckless
disregard for safety; (4) use physical items subject to a Rental Listing outside the Rental
period; (5) use any Rental Listing in the commission of a crime or any other illegal
activity or purpose; (6) use a Rental Listing while under the influence of alcohol or any
drug or medication under the effects of which the operation of the physical item subject
to a Rental Listing is prohibited or not recommended; (7) use physical items subject to a
Rental Listing outside the United States; or (8) make any alterations, additions, or
improvements to any physical items subject to a Rental Listing.
(h). Termination of Services
We maintain the sole right and authority to suspend or terminate the Services and/or your
account and/or removing your Rental Listings and/or Posts at Our discretion, for any
reason, at any time without explanation or advance notice. Appropriate law enforcement
authorities will be notified of any activity on the Services that may be considered
fraudulent, abusive, or illegal.
4. Fee policy
(a). General Rental Fee Policy
The General Rental Fee Policy governs the transactions on the Services and operates
according to the following terms. Listers choose the Rental price (“Listed Rental Price”) for
the Rental Listings they Post to the Services, and, except as described below, are not charged
any fees for making a Rental Listing. If a Renter selects a Rental Listing to rent, the Renter
must submit payment for the full Listed Rental Price, plus 10% of the Listed Rental Price as
a service fee (the “Total Rental Price”). STRIPE, Our payment processor, holds all funds
until the Rental period is concluded and the physical item subject to a Rental Listing is
returned to the Lister. Once the Rental Listing is returned to the Lister, RANNSAK deducts
10% of the Total Rental Price (excluding the tax) as a service fee from the Lister and charges
an extra 10% of the Listed Rental Price (excluding the tax) as a service fee to the Renter.
That amount which RANNSAK retains is considered a "Rental Fee”. All payments are
processed through the STRIPE payment processing system, an encrypted payment gateway.
By submitting payment through RANNSAK, you expressly agree to abide by all of the
associated terms and conditions mandated by STRIPE when using their services. Upon the
submission of payment information to RANNSAK, you give RANNSAK authorization to
submit that information to STRIPE and with your consent and confirmation, charge you for
any Rental Listings.
(i). Deposits
RANNSAK may, in its sole discretion, require Users to agree to a hold on their payment
method or any such similar retaining of funds (a “Deposit”) for any physical items subject to
a Rental Listing. If a Deposit is required for the Rental of a Rental Listing, Renter shall make
such Deposit in any amount determined by RANNSAK or the Listers. Once the physical
items subject to a Rental Listing is returned to the Listers, the Deposit will be released. If a
physical item subject to a Rental Listing is not returned to the Listers, or is returned
damaged, as determined in RANNSAK’s discretion, the deposit shall be forfeited per Section
5(a) below.
(j). Taxes
Please be aware that transactions may result in a User being subject to applicable taxes in the
User’s jurisdiction. RANNSAK will collect taxes from Renters on behalf of Listers when
required to do so and remit such taxes to the applicable taxing authorities on behalf of the
Listers. Taxes are not included in the Listed Rental Price for Rental Listings but will be
displayed before the confirmation of your purchase or rental. Taxes may be estimated based
on offers made on Rental Listings but are subject to change if the final Rental price differs
from the Listed Rental Price. Taxes are based on a variety of factors, including price, location
and state, local, federal or other applicable rates at time of purchase. Although We may
assess taxes upon a transaction, you understand and agree that you are ultimately solely
responsible for the verification and reporting of any and all applicable taxes to the
appropriate authorities, including instances where RANNSAK may not collect taxes on your
behalf.
RANNSAK is neither responsible nor liable for workers’ compensation or any tax payment
or withholding, including but not limited to applicable sales taxes, HST/QST/GST/PST,
unemployment or employment insurance, disability insurance, applicable VAT, employer’s
liability, employer training tax, social security contributions, or other applicable payroll
withholdings in connection with a User’s use of the Platform, or personal income tax. The
Lister assumes full and sole responsibility for all required and applicable income tax and
social contributions such as Social Security withholdings as to the Tasker and all persons
engaged by the Lister in the performance of the services subject to a Rental Listing. Each
Lister assumes all liability for proper classification of such Lister’s workers based on
applicable legal guidelines.
5. Damage; Theft and Loss; Repossession
(a). Damage
Any damage to a physical item subject to a Rental Listing occurring prior to the Lister
regaining possession of said item at the end of the Rental is the Renter's responsibility. If
such an item is damaged during a Rental, the Lister may pursue all remedies available to
them. If a Renter fails to compensate an Lister for damage, RANNSAK may suspend the
Renter’s access to the Services (See Section 3(d) ).
In the case that a Rental Listing requires a Deposit, Lister may retain whatever portion of the
Deposit that is required to fully compensate the Lister for the damage to the item.
(b). Theft and Loss
The following conduct (although not limited to the following) may result in RANNSAK or
the Lister reporting any physical items subject to a Rental Listing as stolen to law
enforcement, potentially exposing the Renter to arrest, and civil and/or criminal penalties:
If a Renter fails to return an item at the time and place agreed upon with the Listerand/or designated in your reservation; If a Renter does not return an item by the end of the reservation period and has notproperly obtained an extension of the reservation through the Services; If the Renter returns an item to any location which is not the location agreed upon withthe Lister; If a Renter misleads the Lister as to the facts regarding the booking, use, or operation ofan item; If a Renter does not communicate in good faith with the Lister, police, RANNSAK, orother authorities with a comprehensive account of any accident or damage involving anitem or otherwise fail to cooperate in the investigation of any accident or damage; If the Renter utilizes a fictitious name, incorrect address, or any other false ormisleading information during the Rental; or If the Renter misrepresents or withholds facts from the Lister that is material to theRental, use, or operation of an item.
The Renter is responsible for any private investigation costs RANNSAK deems necessary to
recover a physical item that was subject to a Rental Listing that is not returned at the end of
the Rental period. Furthermore, a $400 case administration fee will be levied on the Renter if
RANNSAK or the Lister must report an item as stolen to law enforcement due to it not being
returned.
If a physical item subject to a Rental Listing is lost or stolen during the reservation period,
you must notify RANNSAK and the Lister within twenty-four (24) hours of your discovery
that the item has gone missing and cooperate fully with the Lister, law enforcement,
RANNSAK, and other authorities in all matters related to the investigation.
In the case that a physical item subject to a Rental Listing required a Deposit, Lister may
retain whatever portion of the Deposit that is required to fully compensate the Lister for the
loss or theft of the item.
(k). Repossession
RANNSAK or a hired agent of RANNSAK may repossess any physical item subject to a
Rental Listing rented through the Services without demand, at the Renter's expense, if Renter
does not return said item by the end of the reservation period or use an item in violation of
applicable law or the Agreement.
6. Indemnification; Disclaimers; Limitation of Liability
(a). Indemnification
You agree to release, defend, indemnify and hold RANNSAK, its subsidiaries, affiliates,
licensors, content providers, service providers, employees, agents, officers, directors, owners,
and contractors (the “Indemnified Parties”) harmless from and against any and all claims,
liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and
accounting fees, arising out of or any way connected with your access to or use of the
Services or this Agreement, including, but not limited to, your breach of the Agreement or
any unauthorized use of the Services.
You agree that the Indemnified Parties will have no liability in connection with any breach of
the Agreement by you or your unauthorized use of the Services. This indemnification
provision is a fundamental element of the basis of the bargain between RANNSAK and you.
It shall apply to the maximum extent permitted by applicable law.
(l). Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAWS, RANNSAK EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING, BUT NOT LIMITED TO: (I) THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT; (II) THAT YOU WILL BE ABLE TO RENT (AS
THE LISTER OR RENTER) ANY RENTAL LISTINGS THROUGH THE SERVICE OR
THAT THE SERVICE WILL OTHERWISE MEET YOUR REQUIREMENTS; (III) THAT
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(IV) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE; (V) THAT RANNSAK HAS TITLE
OF OWNERSHIP TO ANY ITEMS; (VI) THAT ANY RENTAL LISTINGS OFFERING
SERVICES WILL BE PROVIDED IN A GOOD OR WORKMANLIKE MANNER; AND
(VII) THAT THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SERVICE WILL MEET YOUR EXPECTATIONS.
RANNSAK MAKES NO GUARANTEE REGARDING THE AUTHENTICITY,
QUALITY, SAFETY, OR LEGALITY OF ANY RENTAL LISTINGS, NOR THE TRUTH
OR ACCURACY OF ANY RENTAL LISTINGS, OR ABILITY OF LISTERS AND
RENTERS TO TRANSACT ANY BUSINESS ON THE PLATFORM.
(m). Liability Limitations
YOU WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR
MAKE CLAIMS AGAINST RANNSAK, ITS SUBSIDIARIES, AFFILIATES,
LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES,
AGENTS, OWNERS, OFFICERS, AND DIRECTORS FOR ANY INCIDENTAL,
DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR
INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR
DAMAGES TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES
WILL RANNSAK BE LIABLE TO A USER, REGARDLESS OF WHETHER THE
CLAIM IS BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR MORE THAN THE
LESSER AMOUNT OF (1) THAT AMOUNT YOU HAVE PAID TO RANNSAK
DIRECTLY AS A RENTAL FEE (SEE SECTION 4(a)) IN THE LAST SIX (6) MONTHS,
OR (2) ONE HUNDRED U.S. DOLLARS (USD $100.00).
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE
CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED
TO THE SITE, ANY SERVICE PROVIDED BY RANNSAK, OR THE TERMS MUST BE
FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION
AROSE OR BE FOREVER BARRED.
RANNSAK RESERVES ALL DEFENSES MADE AVAILABLE BY THE
COMMUNICATIONS DECENCY ACT AND ANY OTHER APPLICABLE LAWS,
RULES, OR REGULATIONS.
7. RANNSAK Reimbursement Program
(a). Program Details
RANNSAK shall provide Listers with access to the RANNSAK Reimbursement Program for
Rentals for physical items only, subject to (a) a maximum reimbursement of $1,000 U.S.
Dollars; and (b) the following terms and conditions in this Section 7 (the “Reimbursement
Program”). RANNSAK reserves the right to determine the value of the physical item subject
to a Rental Listing and reserves the right to deny any reimbursement claim for any reason,
including (but not limited to) not meeting or following the requirements of this Section 7 .
The Reimbursement Program is limited to accidental damages or theft. The Reimbursement
Program will only apply to physical items subject to a Rental Listing, and in no case
whatsoever will the Reimbursement Program apply to any services provided in a Rental
Listing. Reimbursement requests will only be approved if the Lister was unsuccessful in
claiming the accidental damage or theft with any existing insurance policy (including without
limitation, homeowner’s, renter’s, business, property, or any other liability insurance)
(“Other Reimbursement”).
The Reimbursement Program only applies to physical items rented through the Services. The
Reimbursement Program does not provide coverage for personal injury or other losses.
Once RANNSAK makes a determination on your Reimbursement request, it is considered
final. You may submit a request for reconsideration only if you provide new information to
support your reimbursement request.
(n). Accidental Damages Reimbursement Requirements
In the event that a Lister makes a reimbursement request for any accidental damages to a
physical item subject to a Rental Listing after a Rental, the Lister must:
Submit a completed Pre & Post Rental form for the Rental arrangement, available onthe Site, within 24 hours of the end of the Rental period; Report any damage to the item to RANNSAK immediately. In no event shall Listerrequest reimbursement for damage that is reported to RANNSAK more than 24 hoursafter the end of the Rental period; Communicate the damage to the Renter through the Site messaging system within 24hours of the end of the Rental period and submit a reimbursement request formthrough the Site within that same 24 hour period; Submit up to date images of the item, showing the make, model and condition toRANNSAK for review; Provide RANNSAK with a purchase receipt for the item or other indication of thepurchase price of the item, if such a receipt or other indication of purchase price isavailable; Respond to any request for additional information from RANNSAK within 48 hoursof such request; Provide RANNSAK with evidence of Lister’s claims with any Other Reimbursementprogram within 24 hours of such a claim being made; and Provide RANNSAK with the ultimate determination from the Lister’s claims withany Other Reimbursement program within 24 hours of such a determination beingmade.
(o). Theft Reimbursement Requirements
In the event that a Renter (a) reports a physical item subject to a Rental Listing as stolen, or
(b) refuses to return a physical item subject to a Rental Listing or does not agree to
reschedule a return within 24 hours of the end of the Rental period, the Lister must:
Agree to file a police report with the local authorities and provide the policedepartment with approval to release information to RANNSAK; Notify RANNSAK of the theft and file a police report within 24 hours. In no eventshall Lister request reimbursement for theft that is reported to RANNSAK more than24 hours after the end of the Rental period; Submit a reimbursement request form through the Site within 24 hours of filing apolice report; Submit up to date images of the item, showing the make, model and condition toRANNSAK for review; Provide RANNSAK with a purchase receipt for the item or another indication of thepurchase price of the item, if such a receipt or indication of purchase price isavailable; Respond to any request for additional information from RANNSAK within 48 hoursof such request; Provide RANNSAK with evidence of Lister’s claims with any Other Reimbursementprogram within 24 hours of such a claim being made; and Provide RANNSAK with the ultimate determination from the Lister’s claims withany Other Reimbursement program within 24 hours of such a determination beingmade.
(p). Collection of Damages
RANNSAK reserves the right to attempt to collect damages from Renters for up to ninety
(90) days before paying out any approved reimbursements.
(q). Reimbursement, Replacement, or Repair
In the case where RANNSAK approves a reimbursement request, RANNSAK reserves the
right to either reimburse or replace the physical item that was subject to a Rental Listing.
RANNSAK also reserves the right to pay for repairs to the item, instead of full replacement
or reimbursement. At no time will the Reimbursement Program exceed $1,000 U.S.
dollars for any such reimbursement, replacement, repair, or any other distribution.
(r). Inapplicability to Rented Services
In no case whatsoever will the Reimbursement Program apply to any services subject to a
Rental Listing that a Lister provides. No User (whether Lister or Renter) shall make any
request for reimbursement in any way related to services subject to a Rental Listing.
8. Intellectual Property
All content included or made available through the Services, including, but not limited to
text, photographs, images, illustrations, designs, audio clips, video clips, “look and feel,”
metadata, data, or compilations, (collectively, the "Services Content") is and shall continue
to be the property of RANNSAK or its content suppliers and is protected under applicable
copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or
publication by you of any such Services Content or any part of the Site is prohibited. Under
no circumstances will you acquire any ownership rights or other interest in the Services
Content by or through your use of the Services, including, but not limited to, the Site.
You agree that you will not copy, modify, amend, scrape, or distribute, the Services Content
or any of RANNSAK’s intellectual property. You agree that you will not use the Services
Content or RANNSAK’s intellectual property to produce derivative works. All goodwill
generated from the use of RANNSAK trademarks or intellectual property will inure to Our
benefit, exclusively. Any rights not expressly stated or granted herein are reserved by
RANNSAK. Other company, product, and service names and logos used and displayed via
the Services may be trademarks or service marks of their respective owners who may or may
not be affiliated with, endorsed by, or connected to RANNSAK.
9. Dispute Resolution
(a). Exclusive Dispute Resolution Mechanism.
The User shall resolve any dispute, controversy, or claim arising out of or relating to this
Agreement, or the breach, termination, or invalidity hereof (each, a “Dispute”), under the
provisions of this Section. RANNSAK reserves the right to pursue any remedy or Dispute
resolution mechanism necessary to enforce this Agreement and its rights herein. The
procedures set forth in this Section shall be the exclusive mechanism for resolving any
Dispute that may arise from time to time and are express conditions precedent to
litigation/binding arbitration of the Dispute.
(s). Negotiations.
The User shall send written notice to RANNSAK of any Dispute (“Dispute Notice”) to
RANNSAK customer support at reimbursement@rannsak.com. The Parties shall first attempt
in good faith to resolve any Dispute set forth in the Dispute Notice by negotiation and
consultation between themselves. If the Dispute cannot be resolved during the time period
ending 90 days after the date of the Dispute Notice (the last day of such time period, the
“Escalation to Mediation Date”), either Party may initiate mediation under subsection (c) .
(t). Mediation.
Subject to subsection (b) , the Parties may, at any time after the Escalation to Mediation Date,
submit the Dispute to any mutually agreed to mediation service for mediation by providing to
the mediation service a joint, written request for mediation, setting forth the subject of the
Dispute and the relief requested. The Parties shall cooperate with one another in selecting a
mediation service and shall cooperate with the mediation service and with one another in
selecting a neutral mediator and in scheduling the mediation proceedings. The Parties
covenant that they will use commercially reasonable efforts in participating in the mediation.
The Parties agree that the mediator’s fees and expenses and the costs incidental to the
mediation will be borne by the User and not RANNSAK.
The Parties further agree that all offers, promises, conduct, and statements, whether oral or
written, made in the course of the mediation by any of the Parties, their agents, employees,
experts, and attorneys, and by the mediator and any employees of the mediation service, are
confidential, privileged, and inadmissible for any purpose, including impeachment, in any
litigation, arbitration, or other proceeding involving the Parties, provided that evidence that is
otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable
as a result of its use in the mediation.
(u). Litigation or Arbitration as a Final Resort.
If the Parties cannot resolve any Dispute for any reason, including, but not limited to, the
failure of either Party to agree to enter into mediation or agree to any settlement proposed by
the mediator, within 90 days after the Escalation to Mediation Date, either Party may
commence binding arbitration in accordance with the provisions of Section 10 , below.
10. Arbitration Agreement
READ THIS SECTION CAREFULLY.
Any Dispute that remains unresolved under Section 9 shall be settled by binding and
confidential arbitration proceedings as a final resort.
The arbitration will take place in Middlesex County, Massachusetts. The arbitration shall be
governed by the laws of the Commonwealth of Massachusetts without regard to its conflicts
of laws provisions. If the claims involved total less than $10,000, the arbitration would take
place with document submissions or virtually unless in-person arbitration is required by law.
Any arbitration proceedings are subject to the Federal Arbitration Act, or applicable binding
arbitration laws or regulations in Massachusetts. The arbitration will be governed by the
AAA’s Commercial Arbitration Rules and, if applicable, the Supplementary Procedures for
Consumer Related Disputes.
NOTWITHSTANDING THE FOREGOING, RANNSAK MAY SEEK INJUNCTIVE OR
OTHER EQUITABLE RELIEF TO PROTECT ITS INTELLECTUAL PROPERTY
RIGHTS IN ANY COURT OF COMPETENT JURISDICTION. YOU ARE HEREBY
GIVING UP YOUR RIGHT TO GO TO COURT. ARBITRATOR DECISIONS ARE AS
ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED
REVIEW BY A COURT.
An arbitrator may not consolidate individuals’ claims. The arbitrator does not have the
authority to award monetary damages above the dollar amount allowed by this Agreement.
Any award in an arbitration initiated under this clause shall be limited to monetary damages
and shall include no injunction or direction to any Party other than the direction to pay a
monetary amount. Except as may be required by law, neither a Party nor an arbitrator may
disclose the existence, content, or results of any arbitration hereunder without the prior
written consent of both Parties. The arbitration award should be considered final and binding
upon the Parties. Appeals are not permitted except when permitted by applicable state or
United States federal law.
Notwithstanding anything to the contrary in this Agreement, you may reject any change to an
Arbitration Agreement within thirty (30) calendar days of such change. In the event that you
reject a change, the terms of the original Arbitration Agreement language will apply.
11. Additional Terms
(a). Governing Law; Venue
Each Party agrees to follow and comply with all laws, rules, requirements, and regulations
that are applicable to this Agreement. This Agreement shall be governed by and construed in
accordance with the laws of the Commonwealth of Massachusetts. If (a) RANNSAK seeks
injunctive or other equitable relief to protect its intellectual property, or (b) the above Section
10 Arbitration Agreement is held to be unenforceable by a court of competent jurisdiction,
then you agree to personal and exclusive jurisdiction by and venue in the state and federal
courts of Malden, Massachusetts and agree that any litigation shall be conducted in
Middlesex County, Massachusetts.
(b). Entire Agreement
The Agreement states the entire understanding between you and RANSAK concerning your
access to and use of the Services and supersedes any earlier verbal or written
communications between Us. You may not delegate your legal obligations or transfer any of
your rights, in whole or in part, to any third party without advance written consent of
RANNSAK. You will remain responsible for your obligations hereunder in any event. A
RANNSAK authorized representative must agree to any modification or waiver of any term
of the Agreement in writing.
(v). Prohibition of class and Representative Actions and Non-Individualized Relief.
THE PARTIES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE
OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR
PROCEEDING, WHETHER IN COURT OR ARBITRATION. UNLESS THE PARTIES
AGREE OTHERWISE, THE COURT OR ARBITRATOR MAY NOT CONSOLIDATE OR
JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT
OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED,
REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE COURT OR
ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL
PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE
RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF
AWARDED CANNOT AFFECT OTHER USERS, SUBJECT TO THE ABOVE
EXCEPTION ALLOWING PUBLIC INJUNCTIVE RELIEF TO BE SOUGHT IN COURT
BUT ONLY IF THAT EXCEPTION IS FOUND TO APPLY.
(w). Severability; Non-Waiver Agreements
i. Severability
In the event that any provision or term of this Agreement is not enforceable, the
enforceability of any other provision herein will not be hindered or impacted. If any
provision of this Agreement appears to be in conflict with another provision herein, then
RANNSAK retains the sole right to choose which provision takes precedence in any
situation.
iv. Non-Waiver
We reserve all rights under applicable law. Our choice to not enforce any term or
provision within this Agreement or under applicable law should not and will not be
interpreted as Our waiver of any enforcement rights under similar or differing
circumstances at any time in the future.
(x). Modification
We may change the Agreement at any time by posting a revised Agreement on the
RANNSAK Site. Any change shall take effect immediately, unless otherwise provided. If
changes are made to the Agreement, We will update the “Last Revised” date at the top of the
Agreement. Accordingly, you should visit the Site and review the Agreement periodically to
determine if any changes have been made. If material changes are made to the Agreement,
We will send notification to the User through e-mail or notify the User through the Services
of the fact that material changes to the Agreement have been made. A User’s continued use
of the Site and any Services after any changes have been made to the Agreement signifies
and confirms acceptance of any such changes or amendments to the Agreement.
(y). Non-Appointment
RANNSAK does not appoint you or any other User as its employee, mandatory, legal agent,
or form any kind of legal partnership or joint venture. You are not authorized to make any
commitments on behalf of RANNSAK and RANNSAK will not make commitments on your
behalf, except as contemplated by the Services or expressly stated in the Agreement.
(z). Electronic Communication, Documentation; Notices
When you use the Services or send e-mails to RANNSAK, you agree that these constitute
electronic communications. This Agreement and any other documents referenced herein will
be considered a “writing” or “in writing” to comply with applicable legal requirements and
are legally enforceable between the Parties. Please be aware that printed versions of this
Agreement and the documents referenced throughout are admissible in any legal proceeding.
As a User, you understand and agree that We will provide notices and messages to you
within the Services, or if required, via e-mail or postal mail. You may provide RANNSAK
notice and will be deemed provided once received by RANNSAK, addressed via mail to the
address noted in subsection (h) below.
(aa). Contact
Please contact Us with any questions, comments, or to report a violation of this Agreement:
Corporate Address:
RANNSAK LLC51 Pleasant Street, #1047Malden, MA 02148
Email Address:
info@rannsak.com