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www.ararental.org & Rental U Terms of Use

Last Modified: December 4, 2019

This policy describes the types of information we may collect from you or that you may provide when you visit the Site, and our practices for collecting, using, maintaining, protecting, and disclosing that information.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is to not use our Site. By accessing or using this Site, you agree to this Notice. This Notice may change from time to time. Your continued use of this Site after we make changes is deemed to be acceptance of those changes, so we encourage you to read this Notice before using this Site. Our Site is available to all visitors, although some content and features are restricted to ARA members. All products and services on this Site are made available subject to this Notice.

  1. Acceptance of the Terms of Use
    1. These terms of use are entered into by and between You and American Rental Association (”ARA,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of ararental.org, including any content, functionality, and services offered on or through ararental.org (the “Website”), whether as a guest or a registered user.
    1. Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Notice, found at [www.ararental.org/privacy], incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Notice, you must not access or use the Website.
    1. This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the ARA and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
  2. Changes to the Terms of Use
    1. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
    1. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
  3. Accessing the Website and Account Security
  1. We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
    1. You are responsible for both:
      1. Making all arrangements necessary for you to have access to the Website.
      1. Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
    1. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.
    1. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
    1. ARA is not liable for your losses caused by an unauthorized use of your account, You may be liable for the losses of ARA or others due to unauthorized use.
    1. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

What We Own

  1. Intellectual Property Rights
    1. The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the ARA, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

What You Can’t Do

  1. You must not
    1. Alter or modify any part of the Website.
    1. Modify copies of any materials from this site.
    1. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
    1. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
    1. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
  2. If you wish to make any use of material on the Website other than that set out in this section, please address your request to: webmaster@ararental.org.
  3. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the ARA. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

is stored, or any server, computer, or database connected to the Website.

How You Can Participate

  1. User Contributions
    1. The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials, including text, graphics, photos, sound, music, videos, and any combination thereof (collectively, “User Contributions”) on or through the Website.
    1. All User Contributions must comply with the Content Standards set out in these Terms of Use.
    1. Any User Contribution you post to the site will be considered non-confidential and non-proprietary.
    1. By providing any User Contribution on the Website:
      1. You grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a worldwide, nonexclusive, royalty-free, transferable and sublicensable license to use, reproduce, distribute, display, perform, and prepare derivative works of any User Contribution in any media format and through any media channels in connection with the Website pursuant to these Terms of Use, and otherwise disclose to third parties any such material for any purpose. ii. You grant to each user of the Website a non-exclusive license to access, use, and display User Contributions as permitted through the Website, and under these Terms of Use.
    1. You represent and warrant that:
      1. You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
      1. All of your User Contributions do and will comply with these Terms of Use.
    1. You are responsible for ensuring that any User Contributions you submit or contribute meet the requirements of these Terms of Use.
    1. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
  2. Monitoring and Enforcement; Termination
    1. We have the right to:
  1. Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
    1. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for ARA.
    1. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
    1. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
    1. Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
    1. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS ARA AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
    1. However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
  2. Content Standards (contribution cont’d)
    1. These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
      1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, threatening, harmful, dangerous, hateful, inflammatory, or otherwise objectionable.
      1. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
      1. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

Your Rights

  1. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Notice.
    1. Be likely to deceive any person.
    1. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
    1. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
    1. Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
    1. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
    1. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

American Rental Association

1900 19th Street, Moline, IL 61265

1.800.334.2177

adam.stemper@ararental.org

  1. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
    1. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
    1. Counter Notification Procedures
      1. If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
        1. Your physical or electronic signature.
        1. An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
        1. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
        1. A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
        1. A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
      1. The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
      1. Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

What We Present On The Web

  1. Reliance on Information Posted
    1. The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
    1. This Website may include content provided by third parties, including User Contributions, materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. ARA has not independently verified, and does not endorse the information conveyed by the content. All statements and/or opinions expressed in this content, and all articles and responses to questions and other content, other than the content provided by ARA, are solely the opinions and the responsibility of the person or entity providing such content. This content does not necessarily reflect the opinion of ARA. ARA is not responsible, or liable to you or any third party, for the content or accuracy of any content provided by any third parties. Your use and reliance on this content should be based on your personal judgment and is at your own risk, and you assume full responsibility and risk of loss, including physical injury, resulting from the use of this content.
  2. Changes to the Website
    1. We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. We are under no obligation to update such material.
  3. Information About You and Your Visits to the Website
    1. All information we collect on this Website is subject to our Privacy Notice. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.
  4. Online Purchases and Other Terms and Conditions
    1. All purchases through our site or other transactions for the sale of goods, services, or information formed through the Website, or resulting from visits made by you, are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use.
    1. Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
  5. Linking to the Website and Social Media Features
    1. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
    1. This Website may provide certain social media features that enable you to:
  1. Link from your own or certain third-party websites to certain content on this Website.
    1. Send emails or other communications with certain content, or links to certain content, on this Website.
    1. Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
    1. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
      1. Establish a link from any website that is not owned by you.
      1. Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
      1. Link to any part of the Website other than the homepage.
      1. Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
    1. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. If You cannot comply with this requirement then You must not link or make content accessible from such website.
    1. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
    1. We may disable all or any social media features and any links at any time without notice in our discretion.
  2. Links from the Website
    1. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
  3. Geographic Restrictions
    1. The owner of the Website is based in the State of Illinois in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer

  1. Disclaimer of Warranties
    1. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST

EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

ARA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Illinois law.