RENT THE RUNWAY Terms of Service
The following Terms of Service (“Terms”) between you (“you” or “your”) and Rent the Runway, Inc. (“we,” “our,” “us,” or “RTR”) describes the terms and conditions on which you may access and use the RTR website located at renttherunway.com (the “Site”), the RTR mobile app (the “App”) and related services including RTR’s product rental and sale services (together with the Site, the App, and the RTR Content, as defined below, the “Services”). These Terms also apply to in-store rentals and sales, which are part of the Services. By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES. BY CLICKING “I AGREE” OR OTHERWISE ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS.
Notice of Agreement to Arbitrate and Class Action Waiver
By accepting these Terms, you are agreeing to the Arbitration Agreement (unless you follow the opt out procedure described below) and class action waiver described in Section 8 of these Terms to resolve any disputes with RTR.
- About the Services
- Rental and Sale of Products
- Special Trial Programs
- Use of the Services
- Intellectual Property
- Disclaimer of Warranties; Limitation of Liability
- Dispute Resolution, Arbitration and Class Action Waiver
Through the Services, we aim to give you access to beautiful designer clothing and accessories, stylist advice and other content to help you decide which items are perfect for you.
B. Mobile Charges
To the extent you access the Services through a mobile or wireless device, your carrier’s standard charges, data rates and other fees may apply.
Children under the age of 13 may not use the Services and parents or legal guardians may not agree to these Terms on their behalf. Children under 18 years of age but at least 13 years of age may use the Site and App under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not rent or purchase any clothing or accessories (“Products”) via the Services. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, you are fully responsible for his or her use of the Services and the rental or purchase of any Products, including all legal liability he or she may incur.
D. Modification of the Services or the Terms
RTR may modify these Terms or modify, suspend, or discontinue the Services at any time for any reason. However, RTR will use commercially reasonable efforts to notify you of material changes to these Terms by posting a notice on the Site and/or sending an email to the email address you provided to RTR upon registration.
A. General Conditions
The Services include the rental and sale of Products. This Section 2(A) sets out terms and conditions that apply to your rental or purchase of any Product.
18 Years or Older. Products may be rented or purchased for use by individuals under 18 years of age, but we rent and sell only to adults, who may rent or purchase the Products with a payment card or other approved payment method. By clicking agreeing to these Terms, you represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting or purchasing the Products as described in these Terms.
Limits. You acknowledge and agree that we may place limits on the rental or purchase of Products, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit any rentals or sales of Products for any reason, including but not limited to availability concerns.
Delivery. Your Products may be ordered and couriered to you on the same day for certain orders placed by 2 p.m. for delivery in New York City, subject to the additional delivery charge specified on the Site or App. Otherwise, all deliveries outside of New York City will be through RTR's shipping partners, which may change from time to time at RTR’s discretion. The shipping method used will be at the discretion of RTR.
Collections. If you do not pay the amounts you owe to RTR when due, then RTR will need to institute collection procedures. You agree to pay RTR’s costs of collection, including without limitation reasonable attorneys' fees.
The following additional conditions apply to the rental of any Product.
Rental Fee. The rental fee (“Rental Fee”) for the Product will be the total of the rental fee, insurance charges and delivery charges listed on the Site or App for your rental of the Product. When you place your rental order for a Product, you hereby authorize RTR to charge your payment card for the Rental Fee. RTR will charge your payment card the amount of the Rental Fee immediately upon your rental order. A reservation of a Product on the Site or App is an order for the rental of that Product, regardless of how far in advance that Product is reserved. In addition, at the time of your rental order for a Product, you hereby authorize RTR to charge your payment card for an amount equal to 200% of the original retail value of the Product (when new) set forth on the Site or App (“Retail Value”) plus applicable sales taxes; provided that RTR will only charge your payment card for an amount greater than the Rental Fee as described below. Rental Fees exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by RTR, shall be paid by you to RTR in connection with your rental order.
Cancellation Policy. You may cancel your rental order subject to the following cancellation fees and policies:
- If you cancel thirty (30) or more days in advance of the delivery date, there is no cancellation fee and you will receive a full refund issued to the payment card you used for the order.
- If you cancel less than thirty (30) days but more than fourteen (14) days in advance of the delivery date, you will not receive any refund, but you will receive a full credit to your RTR account for the Rental Fee associated with the cancelled order. This credit can be applied to any future RTR rental.
- If you cancel fourteen (14) or fewer days in advance of the delivery date, you will receive a credit to your RTR account for the Rental Fee associated with the cancelled order, minus a cancellation fee of $9.95.
Return Packaging. With delivery of the Product, RTR will provide you with a pre-paid, pre-addressed RTR carrying case or mailing envelope (as the case may be) as well as instructions for your use in returning the Products to RTR (“Return Packaging”). The RTR carrying case is not yours to keep. If the RTR carrying case is not returned you will be charged a $50 fee (details below under “Lost Return Packaging”).
Receipt of the Products. Upon delivery, you bear responsibility for the Product(s). If however, you opt to have the Products delivered in New York City by courier service, you agree to bear responsibility for receipt of Products shipped to the location specified at time of check out. You acknowledge that a Secure Shipping Address is highly recommended. A “” means a location where an individual can physically receive Product(s). In the event that an un-secure shipping address is provided, RTR does not bear liability for Products left unattended. Furthermore, you acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which RTR will not be liable. You will be liable for all such delays and additional delivery fees.
Use of the Products. You agree to treat the Products with great care, as if it was borrowed from your close friend. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, rips, missing beads, stuck zippers or other minor damage covered by the insurance you paid for with your rental of the applicable Product. If you return a Product that is damaged beyond normal wear and tear, then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Product, as determined in our discretion, up to the Retail Value for the Product.
Return of the Products; Extensions. You agree to return the Products to RTR in the Return Packaging on or before the return date for the Products that are identified in the online invoice for your order. You may extend your order for a Product on the Site, App or by phone to RTR; provided that any extensions are subject to other orders for that Product and to pre-payment of the additional Rental Fee applicable to that Product for the period of time of the extension. You must return the Product by delivering the Product in the Return Packaging to a UPS store located in the United States by 12 p.m. on or before the date that the Product is due.
Late Fees. If you return the Products late or not at all, a late fee of fifty dollars ($50.00) will be charged to the payment card you used to pay the Rental Fee or to any other payment card included in your account information that you have provided to RTR for every day that you are late returning the Products, and you agree to pay such late fees, up to an amount not to exceed 200% of the Retail Value plus applicable sales tax (plus the Rental Fee). The late fee is payable for each order of Products that is not returned when due, not for each Product that is the subject of the order that is late. If you have not returned a Product within twenty (20) days after the return date for the Product, your late return will be considered a non-return and RTR will charge your payment card the maximum late fee set forth in this Section 2(B), less any late fees that you have already paid, plus applicable sales tax.
Payment of 200% Rental Value RTR will not charge you for more than an amount equal to 200% of the Retail Value plus the Rental Fee, in the aggregate, for any charges arising under this Section 2(B), excluding collection costs. If you pay RTR an amount equal to 200% of the Retail Value under this Section 2(B) and you still possess the Product, the Product is yours to keep, though on an “AS IS” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by you pursuant to this Section 2(B).
Lost Return Packaging. If you lose the Return Packaging, you will be responsible for returning the item at your own expense by the expected return date, and providing RTR with a tracking number. Also, if you lose or fail to return the RTR carrying case you will be charged $50. If you still possess the RTR carrying case, it is yours to keep, though on an “AS IS” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by you pursuant to this Section 2(B).
Limited Warranties. The following are the limited warranties RTR provides in connection with Product rentals. RTR’s liability to you for failure to comply with any of these warranties is limited to timely delivery of Product conforming to the warranties or a refund of the Rental Fee (excluding insurance and delivery charges) as determined by RTR. See Section 7(A) below.
- Correct Products. We will deliver the Products you ordered, including the specified size, color and design, on or before the delivery date for which you ordered them, except in the rare event that the Product is damaged beyond repair or is otherwise unavailable. In such event, we will use reasonable efforts to notify you that the Product is unavailable. If we are able to reach you, you will be entitled to choose any available rental Product to replace the unavailable Product. If we are unable to reach you, you acknowledge and agree that we may send you a replacement product of the same or greater value. Products may appear different in color and style than as displayed on the Site or App.
- Clean and Ready to Wear. The Products will be professionally cleaned and delivered ready to wear. RTR dry cleans and inspects each Product with the utmost care, but use of the Product is at your own risk and RTR shall not be held liable for any health-related complaints associated with any Product.
- Sizing Returns. If your Product does not fit you, then you may return the Product to RTR within 24 hours (excluding Sundays and holidays) of the date you received the Product by contacting RTR at email@example.com or phone (1.800.509.0842) and returning the Product in conformance with the return procedures above (a “Sizing Return”). RTR will then issue you a credit for the full Rental Fee (less delivery charges) of the Product for a future rental by you of our Products, so long as the Product, in our sole discretion, has not been worn.
- First Rental of a Designer's Product. In order to provide greater assurance that a Product from a new designer (i.e., one from whom you have not previously ordered a Product through the Services) will fit properly, you may opt to order a second size of the same Product at no charge or a reduced charge, as set out on the Site or App, for the same days for which you rent the first size of that Product (a “Designer Spare”), subject to availability. In such event, any Designer Spare must be returned together with the Product with which it was ordered. These Terms apply to any Designer Spare just as to any other Product, including without limitation the requirements of this Section 2(B); provided that (i) the credits described under “Sizing Returns” will not apply to a Product or Designer Spare unless both the Product and the Designer Spare are returned together in conformance with these Terms and (ii) no credit will be issued to you for the Designer Spare unless you were originally charged for it by RTR. RTR may discontinue the availability of Designer Spares at any time.
- Backup Products. If you order a Product hereunder, you may also order a backup Product (at the same or lower price tier as the first Product) (a “Backup Product”) for a reduced rate, as set forth on the Site or App, for the same time period that you order the first Product. Any Backup Products must be returned together with the Product with which it was ordered. These Terms apply to any Backup Products just as to any other Product; provided that the sizing guarantees and credits described under “Sizing Returns” do not apply. We may discontinue the availability of Backup Products at any time.
The following additional conditions apply to the sale of any Product.
Products are Used; All Sales are Final and “As Is.” You acknowledge and agree that only those Products designated by us on the Site or App as available for purchase are eligible for purchase by you. EXCEPT FOR INTIMATES, SHAPEWEAR AND BEAUTY PRODUCTS, THE PRODUCTS FOR SALE HAVE BEEN PREVIOUSLY RENTED BY OTHER CUSTOMERS AND ARE NOT NEW. RTR will professionally clean and inspect the Products before they are delivered to you. However, all Products are sold on an “as is” basis, without any warranty whatsoever, and all Product sales are final.
Purchase Price. The purchase price (“Purchase Price”) for the Products will be the purchase fee and delivery charges listed on the Site or App in connection with your purchase of the Products. Upon your purchase order for a Product, you hereby authorize RTR to charge your payment card for the Purchase Price. We will charge your payment card the amount of the Purchase Price immediately upon your purchase order. Purchase Prices exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by RTR, shall be paid by you to RTR in connection with your purchase order. Purchase orders are final and cannot be cancelled.
A. General Conditions
RTR provides certain trial programs, as described under this Section 3. This Section 3(A) sets out terms and conditions that apply to your participation in any of these programs. Section 3(B) sets out additional terms and conditions that apply to the “RTR Pro” service, and Section 3(C) sets out additional terms and conditions for the “Unlimited” program.
Changes to Programs. RTR reserves the right to add, remove or modify trial program benefits at any time, but we will use reasonable efforts to notify you of any material changes. In the event of any such material change, you may cancel your subscription immediately upon notice to us, and we will give you a prorated refund for the remainder of your current subscription period. Any increases in fees that we introduce will apply to subsequent subscription renewal periods. YOUR CONTINUED PROGRAM SUBSCRIPTION AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.
Failure to Pay Fees.. We reserve the right to pursue any amounts you fail to pay in connection with any trial program in accordance with these Terms.
Termination. We may terminate any of the trial programs, or your membership in any of these programs, at any time. If we do so, we will give you a prorated refund for the remainder of your current subscription period. However, we will not give any refund for termination related to conduct that, in our discretion, violates any terms or conditions set out in these Terms or any applicable law.
B. RTR Pro.
The following additional terms and conditions apply if you subscribe to our RTR Pro service (“RTR Pro”).
RTR Pro Service. If you subscribe to RTR Pro, you will be entitled to certain benefits when you rent Products, as more fully described here.
Fees. If you subscribe to RTR Pro, RTR will charge you an annual subscription fee. The current RTR Pro subscription fee is set out here, but is subject to change at our discretion and any such change will be effective for any subsequent renewal subscription period. You hereby authorize RTR or our third party payment processor to charge your payment card for the applicable RTR Pro subscription fee. RTR Pro subscription fees are non-refundable except as expressly set forth below. Taxes may apply on RTR Pro subscription fees.
Subscription Cancellation and Renewal. You may cancel RTR Pro at any time, but your cancellation will be effective at the end of the current annual subscription period. This means your RTR Pro subscription will continue for the remainder of that period and you will not receive a refund. Your RTR Pro subscription will expire at the end of the annual subscription period. We will use reasonable efforts to notify you in advance of your RTR Pro annual expiration date. You may cancel or renew RTR Pro or find out more information about your RTR Pro subscription, including your annual expiration date, by contacting firstname.lastname@example.org.
C. Unlimited Program.
The following additional terms and conditions apply if you subscribe to our Unlimited program (“Unlimited”).
Unlimited Program. If you subscribe to Unlimited, you will be entitled to rent up to three (3) Products at any time from a range of Products designated on the Site (such Products, the “Unlimited Program Products”), as more fully described here. Exceptions include, but are not limited to: bridal accessories and select items from Decades Vintage, WGACA Vintage, Marchesa, Judith Leiber and Moschino, and any dresses with a retail price of $3000+. Subject to your compliance with these Terms (including payment of fees) and our right to terminate Unlimited, we do not impose any limitations on the time period during which you may keep any Product we have sent to you through Unlimited. Because Unlimited is a beta, membership is limited and may not always be available. Fees. If you subscribe to Unlimited, RTR will charge you a monthly subscription fee. The current Unlimited subscription fee is set out here, but is subject to change at our discretion and any such change will be effective for any subsequent renewal subscription period. You hereby authorize RTR or our third party payment processor to charge your payment card for the applicable Unlimited subscription fee on a monthly basis until you cancel. The subscription fees include shipping and limited insurance, covering minor mishaps but not significant damage, loss or theft. Unlimited subscription fees are non-refundable except as expressly set forth below. Taxes may apply on Unlimited subscription fees.
Delivery. All deliveries will be through RTR's shipping partners, which may change from time to time at our discretion. The shipping method used will be at the discretion of RTR. The courier services described in Section 2(A) will be available for deliveries in New York City. We will provide you with information about estimated delivery and arrival times of Unlimited Program Products through the Site or App. The Products we send to you will be professionally cleaned and delivered ready to wear. We professionally clean, sterilize and inspect each Product we send to you, but use of the Products is at your own risk and RTR shall not be held liable for any health-related complaints associated with any Product.
Returns. With each shipment of Products we send you, we will include one Return Packaging (which may be our RTR carrying case – as defined in section 2(b)), which you can use to return one (1), some or all of the Unlimited Program Products you currently have. If you have three (3) Products, you must return at least one (1) Product to us in order to be eligible to receive another. When we receive any returned Products from you, the next shipment we send you will contain the same number of Products that you have returned. We will use reasonable efforts to send you new Products promptly upon processing your return, but you acknowledge that as a result of processing and delivery, there will be a delay between your return of a Product and receipt of a new Product through Unlimited. You agree to return any Product using the Return Packaging, including the RTR carrying case (as defined in Section 2(B)).
Additional Obligations. Without limiting the application of the rest of these Terms, all of your obligations set out under Sections 2(A) and (B), including but not limited to the obligations relating to receipt and care of Products, apply to your participation in Unlimited, except to the extent they conflict with this Section 3(C). Except as expressly stated in this Section 3(C), none of the limited warranties set out under Section 2(B) apply to Unlimited Program Products.
Damage, Failure to Return Products. Unless you cancel your Unlimited subscription, it will automatically renew on a monthly basis. You expressly authorize us to collect the applicable subscription fee and any taxes, using any payment card on record for you, in connection with any such auto-renewal. You may cancel your Unlimited subscription or find out more information about your Unlimited subscription, including your monthly renewal date, by contacting email@example.com. As soon as you cancel, you will not be eligible to receive any additional Products through Unlimited. You may continue to keep Products you have already received through Unlimited, but you must return to RTR all such Products on or before the last day of the monthly subscription period during which you cancel. If we don't receive your items on time, you will be charged up to 70% of the retail price. You will not be entitled to any refund of subscription fees.
Changes to and Termination of Unlimited. As Unlimited is a beta program, we reserve the right to modify Unlimited (including the monthly subscription fee) or terminate Unlimited or your Unlimited subscription at our sole discretion. If we terminate your Unlimited subscription, we will provide you with, as determined in our sole discretion, either (a) a prorated refund for the remainder of your current monthly subscription, or (b) continued access to Unlimited for the remainder of that monthly period, in accordance with these Terms. However, we will not give any refund for termination related to conduct that, in our discretion, violates any terms set out in these Terms or any applicable law. If we choose to provide you with continued access to Unlimited for the remainder of that monthly period of your subscription, you will continue to have access to Unlimited during that period, except that we will not send you any Products within ten (10) days of the end of that period. Prior to the end of that period (or, if we do not provide you with continued access to Unlimited, immediately upon our termination of Unlimited or your Unlimited subscription), you must also return to RTR all Products you have received in connection with Unlimited.
A. RTR Content
Content Provided “As Is.” All content and information available through the Services, including but not limited to product descriptions and specifications, product photos, advice from stylists and photos and comments from other users (“RTR Content”) is available to you on an “as is” basis and is to be used for general information purposes only. Such information is provided on a blind-basis, without any knowledge as to your identity or specific circumstances. The RTR Content is provided with the understanding that such information does not constitute professional advice or services. As such, you agree not to rely upon or use any RTR Content as a substitute for consultation with professional advisors. As used in these Terms, the Services include the RTR Content.
Updates We may update the RTR Content, including Product descriptions and specifications, as we deem appropriate and without notice to you. If you have any questions about the existence of more current information, please send those questions to firstname.lastname@example.org. We take your questions and requests for information seriously, and we will use reasonable efforts to respond in a timely manner. However, we cannot guarantee a prompt response in all cases.
B. Third Party Content
Links to Third-Party Websites. The Services may contain links or references to non-RTR websites, products, services or other materials or content (“Third Party Content”). This Third Party Content is provided to you as a convenience, and RTR is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any Third Party Content is independent from RTR, and RTR has no control over the Third Party Content. In addition, a link to any Third Party Content does not imply that RTR endorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa.
C. Acceptable Use Policy
Use of RTR Content. No part of the Services, including the RTR Content, may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that RTR authorizes you to view, copy, download, and print RTR Content (such as press releases and FAQs) that is available on the Site, provided that: (a) you use the RTR Content solely for your personal, noncommercial, informational purposes; (b) you do not modify the RTR Content; and (c) you do not remove any copyright, trademark, and other proprietary notices on the RTR Content.
Use of the Services. You may not use the Services to: (i) transmit any content, information or other materials that are, or which RTR considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity; (ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code; (iv) display material that exploits children under 18 years of age; (v) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; (vi) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; impersonate any other person, including but not limited to, a RTR representative; (vii) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent's consent in case of a child under 13 years of age); (viii) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or (ix) violate any applicable local, state, national or international laws or regulations.
You also agree that you will not (and will not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.
Indemnification for Breach. By using the Services, you agree to indemnify, hold harmless and defend RTR and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Term.Indemnification for Breach. By using the Services, you agree to indemnify, hold harmless and defend RTR and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Terms.
D. Your Content
If you post, upload or make available to RTR or the Services, or otherwise submit to or through RTR as part of your use of the Services, including the Site or App, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Products (“Your Content”), you hereby grant to RTR a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site and App, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms, including Section 4(C), and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize RTR to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.
E. Your Account
Access to parts of the Services requires the creation of a user account, including a user name and password that you choose upon registration. You are solely responsible and liable for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your account information and all use or charges incurred from use of the Services with your account. You agree to notify RTR promptly of any unauthorized use of your account or password.
There may be delays, omissions, or inaccuracies in the Services, including the RTR Content. The Service may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
G. Job Postings
RTR may list open employment positions on or through the Services. These postings are for informational purposes only and are subject to change without notice. You should not construe any information on or made available through the Services as an offer for employment or promotion or solicitation for employment not authorized by the laws and regulations of your locale.
A. Ownership of the Services
The Services, including the RTR Content, including all intellectual property rights in and to the Services and any changes, modifications or corrections thereto, are the property of RTR and its affiliates and licensors, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, “Rent the Runway” and the RTR logo are registered trademarks of Rent the Runway, Inc., under the applicable laws of the United States and/or other countries. Other RTR product or service names or logos appearing on or through the Services are either trademarks or registered trademarks of RTR and/or its affiliates. All other product names are trademarks or registered trademarks of their respective owners. RTR and its affiliates and licensors reserve all rights in and to the Services not granted expressly in these Terms.
Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the Services or any RTR Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of RTR or such third party that may own such RTR Content.
B. Services License
Subject to your compliance with these Terms, RTR grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes.
C. App License
Subject to the terms of these Terms, RTR grants to you a limited, non-transferable, non-exclusive, revocable license to download, install and use one copy of the App in object code form only on an interactive wireless device that you own or control.
Acknowledgment. The following terms and conditions apply to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and RTR, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and RTR acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and RTR acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, RTR, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third party terms of agreement when using the App. You and RTR acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to your license of the App, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
By sending us any feedback, ideas, suggestions, documents or proposals (“Feedback”), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights in the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that RTR may use your Feedback without restriction or obligation to you or any third party.
E. Notice and Take Down Procedures; Copyright Agent
If you believe any RTR Content infringes your copyright, you may request removal of those materials (or access thereto) by contacting RTR’s copyright agent (identified below) and providing the following information: identification of the copyrighted work that you believe to be infringed, including a description of the work, and where possible a copy or the location (e.g., URL) of an authorized version of the work; identification of the material that you believe to be infringing and its location, including a description of the material and its URL or any other pertinent information that will allow us to locate the material; your name, address, telephone number and e-mail address; a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; a statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and a signature or the electronic equivalent from the copyright holder or authorized representative.
RTR's agent for copyright issues relating to the Services is as follows:
Copyright Agent Rent the Runway, Inc. 163 Varick Street, 4th Floor, New York, NY 10013 E-Mail address: CopyrightAgent@renttherunway.com
In an effort to protect the rights of copyright owners, RTR maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Services who are repeat infringers./p>
A. Termination By You
You may deactivate your account and discontinue your use of the Services at any time. In order to deactivate your account, please contact us at email@example.com. You understand that Your Content may continue to exist and be used on or through the Service even after such deactivation.
B. Termination By RTR
Any violation of these Terms, including any of the prohibitions in Section 4(C), may result in suspension or termination of your access to the Services and/or removal of Your Content. RTR may also terminate your account if RTR determines that your conduct poses a risk or liability to RTR, or for any other reason as determined by RTR in its sole discretion.
C. Effects of Termination
In each of these cases, the Terms will terminate, including your license to use the Services, except that the following sections shall continue to apply: 2(A) (Collections), 2(B) (Rental Fee, Late Fees, Lost Return Packaging), 2(C), 3(A) (Failure to Pay Fees), 4(A)-(D), 5(A), 5(C) (Acknowledgment), 5(D), 6(C), and 7-9./p>
A. Limited Warranties
The limited warranties set out in Section 2(B) for rentals apply only to you and may not be assigned, sold or transferred to any third party. No other warranties are granted by RTR in connection with the Services or Products. The limited warranties shall not apply to any matters arising from your violation of these Terms.
Your sole and exclusive remedy and RTR's sole and exclusive liability for a breach by RTR of the limited warranties set out in Section 2(B) shall be, at RTR's option, RTR's use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of your Rental Fee, as applicable (excluding insurance and delivery charges).
B. Disclaimer of Warranties
EXCEPT FOR THE LIMITED WARRANTIES SET OUT IN SECTION 2(B), THE SERVICES AND PRODUCTS, INCLUDING ALL TRIAL PROGRAMS, ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, RTR DOES NOT WARRANT THAT: (I) THE SERVICES, INCLUDING THE RTR CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS.
C. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL RTR BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF RTR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE AS SET FORTH UNDER SECTION 7(A) OR TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THESE TERMS.
This Section 8 includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.
A. Informal Process First
You agree that in the event of any dispute between you and RTR, you will first contact RTR and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
B. Arbitration Agreement
After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of RTR’s Services and/or Products, or relating in any way to RTR’s communications with you, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and RTR. However, this arbitration agreement does not (a) govern any Claim by RTR for infringement of its intellectual property or access to the Services that (including the Site and App) that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual you may opt out of this arbitration agreement within thirty (30) days of the first of the date you access this Site or App or the date you receive any Services by following the procedure described below.
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolve by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and RTR are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive any termination of these Terms.
If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to Rent the Runway, Inc., Attn: Legal, 163 Varick Street, 4th Floor, New York, NY 10013. The arbitration shall be administered by the American Arbitration Association (AAA) under its rules including, if you are an individual, the AAA's Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.
The number of arbitrators shall be one. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. New York law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If you are an individual and have not accessed the Services on behalf of an entity, we will reimburse those fees for claims totaling less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence shall not apply to Section 8(C) below.
If you do not want to arbitrate disputes with RTR and you are an individual, you may opt out of this arbitration agreement by sending an email to firstname.lastname@example.org within thirty (30) days of the first of the date you access the Site or App or the date you receive any Services.
C. Class Action Waiver
Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and RTR each waive any right to a jury trial.
Jurisdictional Issues. RTR makes no representation that the Services are appropriate or available for use outside the United States. Those who choose to access the Services or any part thereof from outside the United States do so at their own risk and are responsible for compliance with applicable local laws. The Services may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that RTR intends to announce or make available such products or services to the general public, or in your country. Contact RTR at email@example.com to determine which products and services may be available to you.
Export Laws. The laws of the United States of America prohibit the export of certain software and data to particular persons, territories, and foreign states. You agree not to export the Services, including the RTR Content, or any part thereof, in any way, in violation of United States law.
Governing Law and Venue. These Terms are governed and interpreted pursuant to the laws of the State of New York, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that result in court action, in accordance with these Terms, will be resolved exclusively by a state or federal court located in New York County, New York, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens.
Entire Agreement. These Terms are the entire agreement between you and RTR relating to the subject matter herein and shall not be modified except by RTR in accordance with these Terms, or as otherwise agreed in writing by you and RTR. No employee, agent or other representative of RTR has any authority to bind RTR with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
Severability and Waiver. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
Assignment. You may not assign or transfer these Terms or any of your rights or obligations under these Terms. RTR may assign these Terms at any time without notice to you.
Force Majeure. RTR will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond RTR’s reasonable control.
Contact Information. Please send any questions or comments, or report violations of these Terms, to RTR at firstname.lastname@example.org or Rent the Runway, Inc., Attn: Legal, 163 Varick Street, 4th Floor, New York, NY 10013.