Rentility™ Website Terms and Conditions

Thank you for visiting the Rentility™ website located at www.rentility.com (the “Site”).  The Site is an Internet property of Rentility LLC (“Rentility™,” “we” or “us”).  By and through the Site, Rentility™ enables: (a) Members (as that term is defined below) to list properties (each a “Property”) that they desire to make available for rental purposes (each such Member a “Lessor”); (b) Lessors to provide details about the Properties, including availability, as well as the ability to upload photographs and videos of the Properties; (c) visitors to conduct searches for and view the Properties available on the Site; (d) Members to bid on Properties and/or book for rental purposes (“Rent”) the Properties featured on the Site (each such Member a “Lessee”); (e) Members to communicate with one another via an internal messaging system; and (f) Lessees that Rent Properties to provide feedback and assign ratings regarding the applicable Lessors and Rented Properties.  By using and/or accessing the Site and/or services available by and through the Site (“Services”), you agree to comply with and be bound by the following Terms and Conditions (“Terms and Conditions”).  The Rentility™ Privacy Policy (“Privacy Policy”), Rentility™ Lessee Agreement (“Lessee Agreement”), Rentility™ Registered Lessor Agreement (“Lessor Agreement”), Rentility™ Rewards Program Terms and Conditions (“Rewards Program Terms and Conditions”) and all other applicable Rentility™ operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated herein by reference (collectively, the “Agreement”).  Please review the Agreement carefully. If you do not agree to the Agreement in its entirety, you are not authorized to use the Site in any manner or form.   

The Properties featured on the Site contain certain descriptions, information and/or images (“Property Content”) that are provided directly by Lessors, Member Communications provided directly by Members and Lessee Feedback provided directly by Lessees. The Property Content, Member Communications and Lessee Feedback appearing on the Site (collectively, the “Content”) is provided for informational purposes only.  Rentility™ shall not be responsible or liable for the accuracy, completeness, usefulness or availability of any Content or other information transmitted or made available via the Site, and shall not be responsible or liable for any Renting decisions based on such information.

You understand and agree that by providing the Services available by and through the Site, Rentility™ is not acting as a broker and is not required to maintain any broker license(s) to provide the Services.

1.         Requirements.  The Site is available only to individuals who can enter into legally binding contracts under applicable law.  The Site is not intended for use by individuals under eighteen (18) years of age.  If you are under eighteen (18) years of age, you do not have permission to use and/or access the Site.

2.         Acceptance of Agreement.  You agree to the terms and conditions outlined in the Agreement with respect to your use of the Site.  The Agreement constitutes the entire and only agreement between you and Rentility™ with respect to your use of the Site, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site.  We may amend the Agreement from time to time in our sole discretion, without specific notice to you.  The latest Agreement will be posted on the Site.  By your continued use of the Site, you hereby agree to comply with and are bound by all of the terms and conditions contained within the Agreement effective at that time.  Therefore, you should regularly check this page for updates and/or changes.

3.         Description of Site.  The Site enables visitors who possess the required technology to search the Properties listed by Lessors using criteria including, but not limited to, Property location, type, period of time available and price.  Visitors with Membership status shall have the ability to bid on and/or Rent the Properties that are listed on the Site, communicate electronically with other Members via the Messaging System (as defined below), and submit Lessee Feedback (as defined below).  All Rentals originated through the Site shall be paid for via PayPal®, as described below. 

4.         Rentility’s™ Role.  Rentility™ reserves the right to prohibit any Content, or remove same, that Rentility™ deems, in its sole and absolute discretion, to be in violation of the Agreement or which Rentility™ believes to be illegal, potentially harmful to others, otherwise objectionable or that may expose Rentility™ to harm, damage to reputation or liability.  Notwithstanding the foregoing, you understand and agree that Rentility™ will not be responsible for, and Rentility™ takes no responsibility to monitor or otherwise police, such Content.  Rentility™ does not control the Content that is made available by and through the Services and/or Site.  You may find certain images, analyses, offerings and/or other information as posted by Lessors, Lessees or other Members to be offensive, inaccurate and/or deceptive.  Please use caution, common sense and safety when using the Services and/or other areas of the Site.  You are solely responsible for your interactions with other Site-users including, but not limited to, Lessees, Lessors, Members and/or third parties.  Because we are not involved in Site-user interactions, in the event that you have a dispute with one or more Lessees, Lessors, Members and/or third parties, you hereby release Rentility™ including, but not limited to, its officers, directors, members, agents, subsidiaries and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.  Rentility™ reserves the right, but has no obligation, to monitor disputes between you and other Lessees, Lessors, Members and/or other third parties.  Furthermore, you understand and agree that Rentility™ is not responsible or liable in any manner whatsoever for: (a) your inability as a Lessor to find a Lessee to Rent a Property that you list on the Site; (b) your inability as a Lessee to Rent any of the Properties listed on the Site, even if your bid is accepted by a Lessor; and (c) claims related to or arising from any disputes between Lessees and Lessors.  You understand and agree that Rentility™ shall not be liable to you or any third party for any claim in connection with Properties listed on the Site. You understand and agree that the General Rental Agreement made available by Rentility™ through the Site has been provided by Rentility™ merely to be used by Lessors and Lessees as a template, and that Rentility™ does not warrant that the General Rental Agreement complies with state and/or federal law. You are not required to use the General Rental Agreement.  To the extent that you use the General Rental Agreement, in full or in part, you agree that the language contained in Section 12, “Non-Endorsement/Indemnification of Rentility™,” shall remain in the final, executed rental agreement, and you agree not to hold Rentility™, its parents, affiliates and/or subsidiaries, and each of their respective officers, partners, members, managers, employees and agents liable for any claim related to such rental agreement including, but not limited to, the drafting and legality of the General Rental Agreement itself.

If you would like to register a complaint, notify Rentility™ of a dispute or notify us of inaccurate or misleading information appearing on the Site, please feel free to contact us at (866)603-0609 or at complaints@rentility.com.

5.         Registration Process.   Any Site user interested in becoming either a Lessor or Lessee must first become a member (“Member”) by completing and submitting, for review and initial approval, the Member Registration form (“Registration Form”) available on the Site.  During the registration process, a Site user interested in becoming a: (a) Lessee must indicate on the Registration Form that he/she requests to be a “Renter” and agree to fully abide by the Lessee Agreement; and/or (b) a Lessor must indicate on the Registration Form that he/she is an owner (“Owner”), broker (“Broker”) or Property manager (“Manager”) and agree to fully abide by the Lessor Agreement.  For purposes of the Agreement, Owners, Brokers and Managers shall be treated as Lessors in all material respects, unless expressly stated otherwise.  The data that you must supply in order to register may include, without limitation: (i) whether you are a Renter, Owner, Broker or Manager; (ii) your full name; (iii) email address; (iv) telephone number; (v) user name (created by you at the time of registration); and (vi) password (created by you at the time of registration) (collectively “Registration Data”).  Lessors will also be required to submit valid PayPal® account information as part of the Registration Data that they submit at the time of Registration.  Lessees will also be required to submit valid credit card information (“Active Credit Card”) as part of their Registration Data.  The Active Credit Card provided by a Lessee as part of the Registration Data will not be charged the “Transaction Fee” (as defined in Section 8 below)   unless and until a Property listed on the Site has been successfully Rented by such Lessee. You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in up to date and accurate fashion.  Rentility™ will verify and approve all Registration Forms in accordance with standard verification procedures and will send an email confirming your membership (“Membership”) to the email address provided with your Registration Data upon verification and approval (“Activation Email”). The Activation Email will contain information necessary to activate your account and utilize the Services including, but not limited to: (A) user name; and (B) password. You can access your specific Member account at the Site using your user name and password.  You are responsible for maintaining the confidentiality of your account, user name and password and for restricting access to your account and computer.  You agree to accept responsibility for all activities that occur through use of your account, user name and password including, without limitation, any and all purchases and/or Rentals made therethrough.

6.         Termination/Cancellation.  Rentility™ reserves the right, in its sole discretion, to revoke or suspend the Membership rights of anyone at any time and for any reason, whatsoever.  You may cancel your Membership at any time if you are not completely satisfied with the Site and/or Services.  To cancel your Membership at any time, you must contact Rentility™ by doing one of the following: (a) contacting us via telephone at (866)603-0609; or (b) contacting us via email at cancel@rentility.com.  Please have your e-mail address and other Registration Data available for efficient processing of your Membership cancellation.

7.         Description of Services.

A.  Bidding On/Renting Property.  As an active Member-Lessee in good standing, you will have the ability to bid (“Bid”) on and/or Rent the Properties featured on the Site.  As part of the Rental process, you will be required to submit an Active Credit Card that will be billed by the applicable Lessor, via PayPal®, for the applicable Rental.  Where the Lessor is listing the Property using the Bid, you must provide your Active Credit Card information after you have been notified by Lessor that your Bid has been accepted.  Where the Lessor has listed the Property using the automatic acceptance option, you must provide your Active Credit Card information after you have clicked the “Rent It Now” button.  Members that successfully Rent a Property via the Site will have the ability to submit Ratings and Feedback (as those terms are defined hereinbelow) regarding the Property and the Lessor of the Rented Property.  

B.  Creating a Property Listing.  As an active Member-Lessor in good standing, you will have the ability to create a Property listing (“Property Listing”).  The information that you must supply for a Property Listing may include, without limitation: (a) street address; (b) description of Property; (c) number of units available; (d) amenities; (e) applicable fees (if any); (f) deposit required (if any); (g) amount of rent; and (h) time period that the Property is available.  You will also have the ability to upload photos, videos and other Property Content associated with each Property Listing. In order to display Property Listings and associated Property Content on the Site, and accept payment generated in connection with such Property Listings, you must be registered with PayPal® [www.paypal.com] and your PayPal® account must be active.  Where a Lessee has placed a successful Bid on one of your Property Listings, you may gain access to certain of that Lessee’s personal information.  You agree to use such personal information in accordance with all applicable law, for the sole and exclusive purpose of contacting that Lessee in connection with the applicable Property Listing. You shall indemnify and hold Rentility harmless from and against any and all claims, actions and/or damages associated with your use of such personal information.

C.  Internal Messaging System.   Membership status enables users to communicate with other Members via the Site’s internal electronic messaging system (“Messaging System”).  Renters and Owners shall have the ability to compose messages to, and respond to messages from, other Members via the Messaging System.  Brokers and Managers shall only have the ability to correspond with another Member if they have been contacted directly by such Member via the Messaging System. All communications sent by a Member via the Messaging System (“Member Communications”) must identify the Member by that Member’s user name created at the time of registration.  Rentility™ reserves the right to prohibit any Member Communications that Rentility™ deems, in its sole and absolute discretion, to be in violation of the Agreement or which Rentility™ believes, in its sole discretion, to be illegal, potentially harmful to others, otherwise objectionable or that may expose Rentility™ to harm, damage to reputation or liability.  Notwithstanding the foregoing, you understand that and agree that Rentility™ will not be responsible for, and Rentility™ takes no responsibility to monitor or otherwise police, the Member Communications.

D.  Lessee Feedback.  The Lessee Feedback (as defined below) appearing on the Site is provided by Lessees for informational purposes only.  Rentility™ shall not be responsible or liable for the accuracy, completeness, usefulness or availability of any Lessee Feedback transmitted or made available via the Site, and shall not be responsible or liable for any information, data, images or other content appearing in the Lessee Feedback.  Further, Rentility™ shall not be responsible or liable for any Renting decisions based on such Lessee Feedback.  After a Property has been Rented, the Site enables a Lessee to assign starred-ratings that correspond to word ratings (Excellent, Very Good, Good, Fair or Poor) (“Ratings”), and provide feedback (“Feedback,” together with Ratings “Lessee Feedback”), regarding the Lessor and the Rented Property.  The Lessee Feedback is provided via the “Feedback Rating Form” made available to the applicable Lessees on the Site.  In addition to assigning a Rating to the applicable Lessor and Property, a Lessee will be able to provide Feedback in the form of a short narrative that will be submitted along with the Rating.  The Lessee Feedback for applicable Lessors and Properties will be accessible to Members and will be updated approximately every twenty-four (24) hours.  If more than one Rating has been submitted for a Property or a Lessor, the Ratings will be combined to provide an overall average Rating for such Property and/or Lessor, as applicable. 

8.         Privacy Policy. Use of the Site, and all Content, comments, information or materials that you submit through or in association with the Registration Form or otherwise through the Site, is subject to our Privacy Policy.  We reserve the right to use all information regarding your use of the Site, and any and all other personally identifiable information provided by you, in accordance with the terms of our Privacy Policy.  To view our Privacy Policy, Click Here.  

9.       License Grant.  As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and associated Content in accordance with the Agreement.  Rentility™ may terminate this license at any time for any reason, in its sole discretion.  Unless otherwise expressly authorized by Rentility™, as a visitor and/or a Member, you may only use the Content, Site and/or Services for your own personal, non-commercial use.  No part of the Site including, but not limited to, the Content and/or Services may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Content, Services and/or any portion thereof.  You may not create any “derivative works” by altering any aspect of the Content, Site, and/or Services.  You may not use the Content, Site and/or Services in conjunction with any other third-party content. You may not exploit any aspect of the Site, Content and/or Services for any commercial purposes not expressly permitted by Rentility™.  You further agree to indemnify and hold harmless Rentility™ for your failure to comply with this Section 10. Rentility™ reserves any and all rights not explicitly granted in the Agreement.  You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.  You may not take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure. 

10.       Proprietary Rights.  “Rentility” and all logos, page headers, custom graphics and icons are trademarks and/or service marks owned by Rentility™.  All other trademarks, product names, company names and logos appearing on the Site are the property of their respective owners. The Site contains Content, information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material (collectively “Site Creative”) that are protected by copyrights, trademarks or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future.  All Site Creative is protected as a collective work under the United States copyright laws, and Rentility™ owns a copyright in the selection, coordination, arrangement and enhancement of such Site Creative.  All rights to such Site Creative are reserved to their respective copyright owners.  Except as permitted by the fair use privilege under United States copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce or distribute in any way Site Creative without obtaining permission of the owner of the copyright or other proprietary right.  Systematic retrieval of material from the Site by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Rentility™ is prohibited.  Any other use of the Site Creative available on our Site, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited.

11.       Editing, Deleting and Modification.  We reserve the right in our sole discretion to edit and/or delete any documents, information or other Content appearing on the Site. 

12.       Bypassing or Disabling any Portion of the Services or Software.  If you bypass or disable any portion of the Services, Site or associated software including, without limitation, the blocking of cookies, or blocking the operation of any other Rentility™ systems, you are in violation of the Agreement and Rentility™ may suspend or terminate your use of the Site and/or Services without notice. Termination of your Member account(s) will not excuse you from any criminal or other civil liabilities that may result from your actions. If your Member account(s) is/are terminated for any reason you will, thereafter, be unable to access your applicable Member account(s). 

13.       Indemnification. You agree to indemnify and hold Rentility™, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site and/or Services including, without limitation, your purchase or Rental of any Property, products and/or services via the Site; (b) your breach of the Agreement; (c) your submission of Content; and/or (d) your violation of any rights of another individual and/or entity.  The provisions of this paragraph are for the benefit of Rentility™, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys.  Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

14.       Disclaimer of Warranties.  THE SITE, THE SERVICES, THE CONTENT AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR AND/OR RENT OR PURCHASE THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, THE PROPERTIES, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE).  IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, RENTILITY™ MAKES NO WARRANTY THAT: (A) THE SITE, THE SERVICES, THE CONTENT AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR AND/OR RENT OR PURCHASE THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, THE PROPERTIES, WILL MEET YOUR REQUIREMENTS; (B) THE SITE, THE SERVICES AND/OR THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR MEMBERSHIP AS A LESSEE, OWNER, BROKER AND/OR MANAGER, AS APPLICABLE; (D) YOUR BID(S) WILL BE ACCEPTED AND/OR THAT YOU WILL OTHERWISE QUALIFY FOR A RENTAL; (E) LESSESS WILL RENT AND/OR CONTINUE TO MAKE RENTAL PAYMENTS ON RENTED PROPERTIES; OR (F) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, THE SERVICES, THE CONTENT AND/OR ANY PROPERTIES, PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR, OR PROPERTIES THAT YOU MAY LIST, THROUGH THE SITE WILL BE ACCURATE OR RELIABLE.  THE SITE, THE SERVICES, THE CONTENT AND/OR ANY OTHER PROPERTIES, PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR, OR PROPERTIES THAT YOU MAY RENT, THROUGH THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.  WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RENTILITY™, OTHER MEMBERS OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

15.       Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT RENTILITY™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RENTILITY™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, THE SERVICES, CONTENT AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR, LIST AND/OR RENT OR PURCHASE  THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, THE PROPERTIES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE SITE; (C) THE FAILURE TO RENT A PROPERTY, OR ANY DENIAL OF BIDS TO  RENT; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA OR ACTIVE CREDIT CARD OR PAYPAL® INFORMATION; (E) YOUR ENROLLMENT IN, OR FAILURE TO BE ENROLLED IN, ANY REWARDS PROGRAM THAT MAY BE OFFERED BY RENTILITY™ FROM TIME TO TIME; AND (F) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICES, THE PROPERTIES, THE CONTENT AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR, LIST AND/OR RENT OR PURCHASE THROUGH THE SITE.  THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS.  YOU HEREBY RELEASE RENTILITY™ AND ALL OF RENTILITY™’S PARENTS, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, IF ANY, FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN.  IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF RENTILITY™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). YOU HEREBY RELEASE RENTILITY™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION.  THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND RENTILITY™.  THE SITE, THE SERVICES, AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR AND/OR RENT OR PURCHASE THROUGH THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

16.       Third Party Websites.  The Site may provide and/or third parties may provide links to other Internet websites and/or resources.  Because Rentility™ has no control over such third party websites and/or resources, you hereby acknowledge and agree that Rentility™ is not responsible for the availability of such third party websites and/or resources. Furthermore, Rentility™ does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.

17.       Miscellaneous.  The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction.  Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration.  To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Rentility™ and its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that Rentility™ incurs in seeking such relief.  The Agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.  The Agreement is personal between you and Rentility™ and governs your use of the Site and the Services, superseding any and all prior and/or contemporaneous agreements between you and Rentility™.  To the extent that anything in or associated with the Site, the Services and/or any Rentility™ offering is in conflict or inconsistent with the Agreement, the Agreement shall take precedence.  Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.

18.       Contact Us. If you have any questions regarding the Agreement, or would like more information from us, please contact us at support@rentility.com.