TERMS & CONDITIONS
www.reventals.com Terms of Service
These terms of service (“Agreement”) govern you accessing content and using www.reventals.com and its affiliates’ websites and mobile applications. This Agreement between you (“you”) and Vendeze, Inc is subject to change by us as described below. By using the site, you (i) accept this Agreement; (ii) agree to be bound by these terms and conditions; and (iii) have entered into a binding agreement between you and Vendeze, Inc.
- This web site and any mobile application (collectively the “Site”) is owned and operated by Vendeze, Inc (referred to as “Vendeze” herein). The Site and its content (“Content”) and the Vendeze service (“Service”) may only be accessed in accordance with this Agreement. Any violation of the copyright in the Content or these terms and conditions may be enforced by Vendeze or the copyright owner to the fullest extent allowed by law.
- You acknowledge and agree that Vendeze may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Vendeze’ sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Vendeze when you stop using the Services. You acknowledge and agree that if Vendeze disables access to your account, you may be prevented from accessing the Services, your account details or any files or other materials which is contained in your account.
- You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Vendeze, unless you have been specifically allowed to do so in a separate agreement with Vendeze. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with Vendeze, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree that you are solely responsible for (and that Vendeze has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which Vendeze may suffer) of any such breach.
- Vendeze does not charge for access using its mobile application; however, your carrier rates will apply, such as fees for text messaging and data charges. You hereby acknowledge, agree, and provide consent in order for users to sync any device with your information.
- You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such materials originated, which may be you.
- Vendeze reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the Content or other materials accessed through the Service. The delivery of, and license to, the Content and/or access to third party materials does not transfer to you any commercial or promotional use rights in the Content or any portion thereof. Any use of Content, or descriptions; any derivative use of this Site or its materials; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall the user frame any portion of the Site or any materials contained therein. As between the parties, Vendeze owns and shall continue to own all right, title and interest in and to all aggregate and statistical information or analyses created and developed by Vendeze from performance and usage data generated through your use of the Site (collectively, “Aggregate Data”). Aggregate Data is de-identified so that you cannot be identified as the source within the Aggregate Data.
- While Vendeze uses reasonable efforts to include accurate and up-to-date information on the Site, Vendeze makes no warranties or representations as to its accuracy. Vendeze assumes no liability or responsibility for any errors or representations in the Content or this Site.
- The Site may contain links to other sites on the Internet which are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that Vendeze is not responsible for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the materials located on such External Sites.
- Users of the Site may post comments, reviews, and other materials and submit suggestions, ideas, or other information, provided, the materials do not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or which infringes upon the rights of any third party. You acknowledge that by accessing the Site, you may come into contact with content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that Vendeze shall have no liability to you for the content including, but not limited to explicit language and other potentially offensive material. The user agrees to not impersonate any person or communicate under a false name or a name the user is not entitled or authorized to use. Vendeze has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Site, including content that has been posted by users.
- If you post content or submit material, unless such content or material submittal is subject to separate terms and conditions, Vendeze shall own such content and material and you hereby assign any rights in such content and material to Vendeze. In the event ownership in the content or material cannot be granted to Vendeze, you grant Vendeze and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and material as if it were the full owner thereof. Furthermore, you grant Vendeze, its affiliates, and sublicensees the right to use your name and/or user name in connection with the content. You represent and warrant that all content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party. Furthermore, you represent and warrant that your use of the Service in connection with any Content or third party content complies with all laws including, but not limited to, United States copyright law. You will defend, indemnify and hold Vendeze and its affiliates harmless from and against any claims resulting from any content or materials you provide hereunder or your use of the Service.
- At your discretion, you may provide feedback to Vendeze concerning the functionality and performance of the Service from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, suggests any Feedback, you hereby assign the ownership in all Feedback to Vendeze. In the event ownership in the Feedback cannot be granted to Vendeze, you grant Vendeze at no charge a perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction. You agree that Vendeze may disclose that Feedback to any third party in any manner and you agree that Vendeze has the ability to sublicense all Feedback in any form to any third party without restriction.
- The Site may contain areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms and Conditions, the terms and conditions of the other area shall prevail. Vendeze may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.
- You shall not transmit to Vendeze or upload to this Site any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.
- You may not use your username and password for any unauthorized purpose.
- Vendeze may retain and use, information collected in your use of the Service, provided such information does not individually identify you.
- Vendeze does not knowingly collect any information from anyone who we know to be under the age of 13. If you are under the age of 18, you should use this website only with the involvement of a parent or guardian and should not submit any personal information to Vendeze. If Vendeze discovers that a person under the age of 13 has provided Vendeze with any personal information, Vendeze will use commercially reasonable efforts to delete such person's personal information from all Vendeze systems.
- Vendeze may terminate your access to our Site or the Service for any reason at any time. The provisions that by their nature are designed to survive termination or expiration of this Agreement shall survive termination or expiration of this Agreement or your access to our Site or Service.
- The materials on this Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Vendeze’ proprietary rights in them.
- THE MATERIALS, CONTENT ON THIS SITE AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. VENDEZE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, MATERIALS POSTED ON THE SITE OR SERVICES. VENDEZE MAKES NO GUARANTEES AS TO UPTIME OR AVAILABILITY OF THE SERVICE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, VENDEZE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. VENDEZE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, INCLUDING INTERNET CONGESTION, VIRUS ATTACKS, AND DENIAL OF SERVICE (DOS) ATTACKS.
- UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL VENDEZE OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE SERVICE, EVEN IF VENDEZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. VENDEZE’ AND ITS LICENSORS’ ENTIRE AND AGGREGATE LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED $100, EVEN IF VENDEZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IF YOUR USE OF MATERIALS FROM THIS SITE OR THE SERVICE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- YOU DO HEREBY REMISE, RELEASE, ACQUIT AND FOREVER DISCHARGE VENDEZE, ITS SUCCESSORS, ASSIGNS, SHAREHOLDERS, MEMBERS, EQUITY HOLDERS, OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, AND AGENTS (“RELEASED PARTIES”) OF AND FROM ANY AND ALL LIABILITIES, CLAIMS, REMEDIES, DEMANDS, SUITS OR CAUSES OF ACTION OF WHATSOEVER KIND OR CHARACTER, IN WHOLE OR IN PART, WHETHER CHOATE OR INCHOATE, WHICH YOU MAY EVER HAVE AGAINST THE RELEASED PARTIES THAT IN ANY WAY DIRECTLY OR INDIRECTLY RELATE TO, RESULT FROM, ARE BASED UPON, OR ARISE OUT OF USE OF THE SITE, SERVICES, SOFTWARE OR ANY MATERIALS YOU HAVE PURCHASED THAT ARE FACILITATED BY THE SITE, INCLUDING PROPERTY DAMAGE, BODILY INJURY AND DEATH.
- This Agreement shall constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy. Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.
- The state or federal courts sitting in Travis County, Texas shall have exclusive jurisdiction and venue over any dispute arising out of this Agreement and sale, and you hereby consent to the jurisdiction of such courts. Vendeze shall not be liable to you for any delay or failure of Vendeze to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of Vendeze. Such causes shall include, but are not limited to, acts of God, floods, fires, loss of electricity or other utilities, labor strike, or delays by you in performing any requirements hereunder. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import. Any dispute, controversy or claim arising under, out of or relating to this Agreement and any subsequent amendments of this Agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to arbitration before the American Arbitration Association (“AAA”) in accordance with the AAA Commercial Arbitration Rules. The place of arbitration shall be Austin, Texas. The language to be used in the arbitral proceedings shall be English. The parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief as necessary, without breach of this Section and without abridgment of the powers of the arbitrator. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. You agree to the entry of injunctive relief to stop any lawsuit or to remove you as a participant in such a suit. This Agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually in binding arbitration, but not as a class action. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent covenant. You may opt-out of this Section by providing written notice of your decision within thirty (30) days of the date that you first use the Site.
This Rental Agreement (“Agreement”) is dated as of the date the parties execute this Agreement and is made by and between the party leasing Equipment to a third party (“Lessor”) and the party receiving the Equipment (“Lessee”).
- Equipment. For and in consideration of the covenants and agreements herein, Lessor has leased to Lessee the personal property known and described on www.reventals.com (hereinafter referred to as “Equipment”) for the period of months commencing on the Effective Date and ending on the day Lessee returns the Equipment (“Loan Term”). Title to the Equipment (to the extent held by Lessor) shall remain with Lessor at all times and the Lessee shall have no right, title or interest in the Equipment. Lessee will, at its expense, protect and defend Lessor’s title to the Equipment and will keep the Equipment free and clear from any claims, liens, and encumbrances of Lessee’s creditors and other persons.
- Rent. Lessee shall pay as rent for the Equipment the sum of the rate mutually agreed upon during the Rental Term.
- Damages and Repossession. Lessee assumes all risk of loss, damage, theft or destruction of the Equipment. If the Equipment is sold, leased, lost, damaged, stolen, destroyed, or otherwise disposed of by Lessee, Lessee shall be liable to Lessor for and Lessor may recover from Lessee, as liquidated damages for the breach of this Agreement, and not as a penalty, (i) all due, unpaid and accrued Rent for the Equipment; (ii) the actual value of the Equipment; and (iii) all costs, expenses, losses and damages, incurred or sustained by Lessor by reason of the default. Lessee hereby authorizes Lessor or Lessor's agent to bill Lessee’s credit card or other form of payment for the fees described herein. Retaking possession of the Equipment, pursuant to the provisions of this Agreement shall not prejudice Lessor’s right or claim for rents and payments due hereunder.
- Return of Equipment. At the end of the Rental Term or upon termination of this Agreement, Lessee shall return the Equipment to Lessor in as good condition as it existed at the commencement of the Rental Term.
- Use and Operation of Equipment. Lessee agrees that it will use the Equipment in accordance with this Agreement, provided that any such use is in conformity with all applicable laws and regulations, user manuals and documentation, any insurance policies, and any warranties of the manufacturer and any maintenance agreements with respect to the Equipment. Lessee shall not permit anyone other than Lessee to operate the Equipment.
- If Lessee defaults in paying any rent due; or if any execution or other writ or process is issued in any action or proceeding against Lessee, whereby the Equipment may be seized or taken or detained; or if a proceeding in bankruptcy, receivership, or insolvency shall be instituted by or against Lessee or Lessee’s property; of if Lessee shall enter into any arrangement or composition with its creditors; or if Lessee breaches any other term, covenant, or condition of this Agreement, Lessor shall have the right to retake immediate possession of the Equipment and for such purpose Lessor may enter upon any premises where the Equipment may be located, and with or without notice of its intention to retake the same, and without being liable to any suit or action or proceeding by Lessee.
- If any step is taken by legal action or otherwise by Lessor to recover possession of Equipment or otherwise enforce this Agreement or to collect monies due hereunder, Lessee shall pay Lessor the equivalent of the monies expended or charges incurred by Lessor in such behalf, including reasonable attorney’s fees.
- Limitation of Liability.
- IN NO EVENT SHALL LESSOR BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN AN EQUITABLE, LEGAL, OR COMMON LAW ACTION ARISING HEREUNDER FOR CONTRACT, STRICT LIABILITY, PRODUCT LIABILITY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR DAMAGES WHICH, IN THE AGGREGATE, EXCEED THE AMOUNT OF THE RENTS PAID BY LESSEE FOR THE EQUIPMENT WHICH GAVE RISE TO THE DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
- IN NO EVENT SHALL LESSOR BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN AN EQUITABLE, LEGAL, OR COMMON LAW ACTION ARISING HEREUNDER FOR CONTRACT, STRICT LIABILITY, INDEMNITY, PRODUCT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND AND HOWEVER CAUSED INCLUDING, BUT NOT LIMITED TO, BUSINESS INTERRUPTION OR LOSS OF PROFITS, BUSINESS OPPORTUNITIES, OR GOODWILL ARISING HEREUNDER EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
- Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.
- This Agreement shall constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. Any signed copy (including an electronic signature or “I Accept” button clicking) of this Agreement shall be considered an original.
- Lessee shall not assign or transfer this Agreement whether by operation of law, change of control, or in any other manner, without the prior written consent of Lessor. Any attempt to assign or transfer this Agreement shall be null and void.
- Except as otherwise provided herein, the parties agree that this Agreement cannot be altered, amended or modified, except by a writing signed by an authorized representative of each party.
- The provisions set forth in Sections 3, 4, 6, 7, 8, 9 and 10 of this Agreement shall survive termination or expiration of this Agreement.
- No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy. Headings are for reference purposes only, have no substantive effect, and shall not enter into the interpretation hereof.
- This Agreement is a result of arms-length negotiations between the parties, both of whom were represented by counsel or had adequate opportunity to seek counsel or be represented by counsel. Therefore, this Agreement is the product of both parties. To this effect, no part of this Agreement should be construed against either party as the drafter. Each party waives any potential claim of ignorance as to the terms and conditions of this Agreement.
- In the event that Lessor brings any action, proceeding, or suit to enforce any of its rights under this Agreement and is entitled to judgment, then in such action, proceeding or suit Lessor may recover expenses; including attorneys’ fees, and the amount shall be included in such judgment. In the event that Lessor has incurred any expenses and attorneys’ fees in the enforcement of any of its rights under this Agreement without having brought any action, proceeding or suit to so enforce any such right, then Lessor may recover from Lessee any reasonable expenses so incurred, including attorneys’ fees.
- This Agreement shall be governed by the laws of the State of Texas, excluding the conflicts of law provisions of any state or jurisdiction. Lessee and Lessor each submit to the exclusive jurisdiction of the courts of Austin, Texas for the enforcement of this Agreement or any action arising out of or relating to this Agreement.
Supplier Rules and Restrictions
Separate terms and conditions will apply to your rental reservation. Please read these terms and conditions carefully. You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services. Your reservation is not confirmed until full payment is not received. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier's conditions of purchase may result in cancellation of your reservation(s). You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of www.reventals.com.
Changes or Cancellations
You can change or cancel your rental reservation by emailing email@example.com or by calling our customer services number 800-908.3470.
You agree to pay any supplier required cancellation or change fees that you incur. In limited cases, some rental companies do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the rental reservation. You agree to abide by the terms and conditions imposed with respect to your prepaid rental reservations. In the event that a rental company is unable to honor your reservation, Vendeze will make every reasonable effort to find you another supplier but will not be liable for any cost incurred due to the change.These terms and conditions may not be changed by any unauthorized person, including employees of Vendeze.