This Rent My Jewelry Dallas Membership Agreement (this “Agreement”)
is entered by and between Rent My Jewelry Dallas (“RENT MY JEWELRY DALLAS”)
and you, the member of the RENT MY JEWELRY DALLAS Subscription, as defined
below (“you”), as of the date you either
agree to this Agreement or become a member of the Subscription (“Effective
This Agreement specifically incorporates RENT MY JEWELRY
Jewelry Dallas.com/privacy (collectively, the “Additional
Agreements”). The Additional Agreements are incorporated into
this Agreement by this reference. Please carefully review the Additional
Agreements. By agreeing to this Agreement or using the RENT MY JEWELRY DALLAS
services, you are agreeing to the Additional Agreements. In the event of a
conflict between the terms of this Agreement and the Additional Agreements, the
terms of this Agreement shall govern.
PLEASE CAREFULLY REVIEW THE TERMS OF THIS AGREEMENT BEFORE
AGREEING TO IT, AND BEFORE BECOMING A MEMBER. THIS IS A LEGALLY BINDING
AGREEMENT AND BY SIGNING UP FOR A SUBSCRIPTION, YOU ARE AGREEING TO THE TERMS
OF THIS AGREEMENT.
IN APPLYING FOR A RENT MY JEWELRY DALLAS SUBSCRIPTION, RENT
MY JEWELRY DALLAS MAY ITSELF CONDUCT, OR HIRE A THIRD PARTY TO CONDUCT, A
BACKGROUND CHECK. YOU AGREE TO THE BACKGROUND CHECK, AND AGREE THAT RENT MY
JEWELRY DALLAS WILL CONDUCT THE BACKGROUND CHECK BEFORE AGREEING TO YOUR
In consideration of your subscription to the RENT MY
JEWELRY DALLAS Subscription, you agree to the terms of this Agreement. You
acknowledge that your credit card will be charged automatically for as long as
you are a member of the Subscription, and you agree to such charges. If you
have any questions about the automatic credit card charges associated with the
Subscription, please contact us at [email protected]
The services covered by this Agreement are any services
provided by or on behalf of RENT MY JEWELRY DALLAS, including, but not limited
to, RENT MY JEWELRY DALLAS’s membership subscription rental of fine jewelry and
diamonds (the “Subscription”).
As detailed below, once you have completed and submitted
an application to be a member of the Subscription (“Application”),
RENT MY JEWELRY DALLAS will review your Application. In its sole and absolute
discretion, RENT MY JEWELRY DALLAS will decide whether to offer you membership
to the Subscription (“Member” or “Membership”)
based on your Application. If you are granted Membership, you will start to pay
the Fees, as discussed below, for the Term of this Agreement.
RENT MY JEWELRY DALLAS rents and/or sells fin jewelry and diamonds,
as determined by RENT MY JEWELRY DALLAS in its sole discretion (“Accessories”)
to you as a Member, provided you comply with all of the terms and conditions of
this Agreement. In addition to the remainder of the terms outlined in this
Agreement, you agree:
-that you are 18 or over;
-that you will be charged for your Membership;
-that your credit card will automatically be charged, even
if you have not rented an Accessory during that month;
-that you are responsible for ensuring that the
Accessories are well cared for while in your possession;
-that Rent My Jewelry Dallas will conduct or have
conducted a background check;
-that the information provided in your Application is
truthful and accurate and complete; and
-that you will advise RENT MY JEWELRY DALLAS of any issues
immediately, including any damaged or lost Accessories.
The foregoing recitals form a part of the Agreement, and
you and RENT MY JEWELRY DALLAS agree to this Agreement in consideration of your
compliance with the terms of this Agreement and in exchange for RENT MY JEWELRY
DALLAS’s rental of the Accessories to you.
1. Application Process. In
order to become a Member, you first must complete the Application. The Application
is hosted on RENT MY JEWELRY DALLAS’s website, at www.Rent My
Jewelry Dallas.com/apply. Please accurately and completely complete
the Application. By submitting the Application, you acknowledge that RENT MY
JEWELRY DALLAS will use the Application and the information in the Application,
to determine whether to offer you Membership. You represent and warrant that
the information in the Application is accurate and you understand that RENT MY
JEWELRY DALLAS is relying on the Application. If RENT MY JEWELRY DALLAS learns,
or has reason to believe, that the information in the Application is false,
incomplete, or misleading in any way, RENT MY JEWELRY DALLAS may terminate this
Agreement, or suspend your Subscription. If RENT MY JEWELRY DALLAS approves
your Application, you may become a Member, subject to the terms of this
(a) Generally. The
Membership is a monthly membership. You will pay for the Membership each Month.
During the Term of your Membership, you will be able to rent one Accessoryl.
You must pay the Fee for each Month of the Term.
(b) Month. A “Month”
is each 30 day period of the Term, commencing on the Effective Date, and
continuing for 30 days, and each consecutive 30 period thereafter. By way of
example, if your Subscription starts on May 15, the first Month of your Term
will be May 15 to June 14, and the second Month will start on June 15. Each
Month will always start on the same numerical calendar day.
(c) Start Day. A “Start
Day” is the numerical day on which your Subscription starts,
and each monthly anniversary thereof. By way of example, if your Subscription
starts on May 15, your Start Day will be the 15th day
of every calendar month.
(d) Levels. There
are three membership levels, with three corresponding Fees, and different
rental privileges, as described below (each a “Level”).
(e) Sign Up. If
your Application is approved and you become a Member, you will create an online
account through the RENT MY JEWELRY DALLAS website (“Account”).
Please visit www.Rent My
Jewelry Dallas.com/account to create your Account.
You can access the then current inventory of Accessories through your Account. RENT
MY JEWELRY DALLAS MAKES NO REPRESENTATIONS OR GUARANTEES WITH REGARD TO THE
INVENTORY OF ACCESSORIES AT ANY TIME, NOR THE AVAILABILITY OF ONE OF MORE
ACCESSORY. Once you select an Accessory to rent, you can finalize the rental
through your Account, subject to the terms of this Agreement. Each Accessory
you select to rent is a “Selected Accessory”, once RENT MY
JEWELRY DALLAS confirms that the requested Accessory is available, including
available at your Level.
(g) Shipping. A
Selected Accessory will be shipped to the mailing address on file through your
Account. Please ensure that the mailing information is correct and current at
all times. Selected Accessories will be shipped via the carrier of RENT MY
JEWELRY DALLAS’s choice. Selected Accessories will be shipped with a signature
requirement for delivery.
(h) Returns. Each
Selected Accessory will be mailed with packaging of RENT MY JEWELRY DALLAS’s
choice as detailed below, as well as mailing materials to return the Selected
Accessory back to RENT MY JEWELRY DALLAS, as detailed below.
(i) Rental Period.
When you receive a Selected Accessory, you may return the Selected Accessory as
soon as you want, or keep it for as long as you want during the Term, subject
to the terms of this Agreement. The time you have a Selected Accessory is the “Rental
(j) Number of
Accessories. You may have one Selected Accessory at a time.
(k) One Time
Termination. Notwithstanding anything herein to the contrary, within
three (3) days of receipt of your first Selected Accessory only, you may
terminate this Agreement for any reason or no reason. If you elect to terminate
under this Section, you must log in to your Account and terminate your Account
within three days of receipt of first Selected Accessory, and return the
Selected Accessory. Your account will not be terminated if you do not return
the Selected Accessory.
(l) Freeze. You
may freeze your Membership after the Initial Term for $6 per Month. You may
freeze your Membership up to three Months per twelve month period.
(a) Generally. The
Accessories are the property of RENT MY JEWELRY DALLAS, and you acknowledge and
agree that you are renting the Accessories only, and you do not have any
ownership right in or to the Accessories, unless you purchase the Accessory, as
set forth herein. Not all Accessories are available at all levels.
(b) Condition on Receipt. The condition of Accessories when
you receive them may vary. Some Accessories will be brand new when you receive
them, some Accessories may be gently used, and some Accessories may be vintage
pieces that show signs of wear and tear. In the event an Accessory arrives to
you in a substandard condition, please contact us immediately at
(c) Condition of
Accessories. The Accessories must be maintained in good condition and
returned to RENT MY JEWELRY DALLAS in good condition. Please be aware that RENT
MY JEWELRY DALLAS will inspect all Selected Accessories and you may be charged
for any excessive damage or harm to the Selected Accessories.
(d) Timing. You
may rent one Accessory a Month during the Term, provided you have returned any
other Selected Accessories. You may keep an Accessory for longer than one
Month, but you may not rent more than one Accessory each Month.
(e) Rental Process.
(i) Accessories may not be available at all times, and RENT
MY JEWELRY DALLAS does not guarantee that Accessories will be available for rental
at the time/place you desire.
(ii) In order to rent Accessories, the information you
input and provide to RENT MY JEWELRY DALLAS must be true and accurate.
(iii) Once you have selected an Accessory, subject to
availability, RENT MY JEWELRY DALLAS will send you an email with confirmation
of shipment of the Selected Accessory. No rental requests are confirmed unless
and until you receive an email confirmation that the Selected Accessory has
(iv) You may not rent another Accessory until RENT MY
JEWELRY DALLAS receives you returned Selected Accessory. Once you return a
Selected Accessory, and RENT MY JEWELRY DALLAS processes the return, your
rental window will open, and you may rent another Accessory.
(v) If you select a new Selected Accessory close to the
next Month’s Start Date, RENT MY JEWELRY DALLAS has the right to delay shipment
of the Selected Accessory until after you have paid the Fee for that Month.
(f) Returns. Unless
you purchase an Accessory, you must, at the end of the Rental Period, return
the Accessory, in good condition. If you do not return an Accessory, or if RENT
MY JEWELRY DALLAS has reason to believe you will not return an Accessory, RENT
MY JEWELRY DALLAS may charge you the retail price of the Accessory. All
determinations as to the retail price will be made in RENT MY JEWELRY DALLAS’s
(g) Returned Items. If Rent My Jewelry Dallas has any
reason to believe that an item returned to RENT MY JEWELRY DALLAS at the end of
the Rental Period is not the same Accessory that was shipped to you by RENT MY
JEWELRY DALLAS, RENT MY JEWELRY DALLAS may expend costs to re-authenticate the
returned item. You will be responsible for any such costs, and RENT MY JEWELRY
DALLAS may charge your credit automatically for such costs. If the item as
returned is not the same item as shipped to you, the Accessory will be treated
as lost without coverage.
(h) Limited to You.
You are the only renter of the Accessories, and you are the only person that is
authorized to use the Accessories. You will not allow any third party to use
the Accessories during your Rental Period.
(i) Personal Use Only.
Your rights under this Agreement are limited to your personal, non-commercial
use. You may not rent the Accessories to any third party, nor charge third
parties for use of the Accessories.
(j) Communication with
RENT MY JEWELRY DALLAS. You agree that you will report any problem with the
Accessories, including but not limited to, damage, Accessories or lost
Accessories to RENT MY JEWELRY DALLAS at [email protected]
immediately after you have, as necessary, contacted local emergency services or
police. PLEASE BE CAREFUL WITH THE ACCESSORIES – YOU ARE RESPONSIBLE FOR THE
ACCESSORIES DURING THE TIME YOU RENT THE ACCESSORIES, INCLUDING IF IT IS LOST
OR STOLEN, SUBJECT TO THE COVERAGE PROVISIONS HEREIN.
(k) Lost or Stolen
Accessories. All decisions as to whether an Accessory is lost/stolen are to
be made by RENT MY JEWELRY DALLAS, in RENT MY JEWELRY DALLAS’s sole and
absolute discretion. If RENT MY JEWELRY DALLAS believes that an Accessory is
lost/stolen, the process described herein related to coverage will apply. RENT
MY JEWELRY DALLAS shall have the right, but not the obligation, to take any
action in connection with the recovery of lost/stolen Accessories.
(l) Charges for
Damaged Selected Accessories. If you return a Selected Accessory with
excessive or abusive damage exceeding normal wear and tear, as determined by RENT
MY JEWELRY DALLAS in its sole discretion, you agree that RENT MY JEWELRY DALLAS
may charge your Card and collect the full retail price for such Selected
Accessory. All determinations as to the retail value will be made at RENT MY
JEWELRY DALLAS’s sole discretion. You are also responsible in the event of a
theft or loss of a Selected Accessory.
(m) Packaging. The
Selected Accessories will be shipped to you in packaging selected by RENT MY
JEWELRY DALLAS (“Packaging”). The Packaging may be
different for different Selected Accessories. All Packaging must be returned
with the Selected Accessories. All references to Selected Accessories shall
include the Packaging.
There are three Membership Levels. Not all Accessories are available at all
(i) Silver. You may rent one Selected Accessory per
month from the Silver tier. The Silver tier includes Accessories that have a
retail value of less than $1,000. You may not rent another Selected Accessory
until you have returned any other Selected Accessories in your possession. You
may only ever have one Selected Accessory.
(ii) Gold. You may
rent one Selected Accessory per month from either the Gold tier or the Silver
tier. The Gold tier includes Accessories that have a retail value of less than
$5,000. You may not rent another Selected Accessory until you have returned any
other Selected Accessories in your possession. You may only ever have one
(iii) Platinum. You
may rent one Selected Accessory per month from either the Platinum tier, Gold tier
or the Silver tier. The Gold tier includes Accessories that have a retail value
of over than $5,000. You may not rent another Selected Accessory until you have
returned any other Selected Accessories in your possession. You may only ever
have one Selected Accessory.
(b) Selecting Your Level. When you complete your
Account and commence your Subscription, you will select your Membership Level,
subject to RENT MY JEWELRY DALLAS’s approval. You may request to change your
Level as set forth below.
(c) Changes. Your
Membership Level may be changed from time to time. To request a Level change,
please visit your Account. You must return any Accessories that are only
available to a higher Level before you may change your Level If you change a
Level, provided such change is in compliance with the terms of this Section,
the change will be effective as of the first day of the next Month, and you
will be charged the Fee for the new Level on the next Start Date.
5. Fees and Payment.
(a) Generally. The
fee for each Level is set forth on the RENT MY JEWELRY DALLAS website at www.Rent My
Jewelry Dallas.com/how-it-works (“Fee”).
The Fee is subject to change at any time by RENT MY JEWELRY DALLAS. The Fee
includes your Membership for each Month, as well as shipping the Selected
Accessories to you, and return shipping.
(b) Card. In order
to maintain your Membership, you must have a valid payment method on file in
your Account (the “Card”).
(c) Payment. On
the Start Date of each Month, your Card will be charged the Fee. You will be
charged the Fee on each Month’s Start Date for each Month of the Term.
By becoming a Member, you authorize RENT MY JEWELRY DALLAS or its designee to
charge your card for the Fee each Month during the Term. RENT MY JEWELRY DALLAS
reserves the right to, but does not have the obligation to, determine whether
your Card is pre-authorized to accept a minimum charge equal to the Fee, or
another amount determine by RENT MY JEWELRY DALLAS.
If your Card cannot be charged, in whole or in part, for any reason, you agree
to pay all amounts due upon RENT MY JEWELRY DALLAS’s demand.
(f) Termination for
Non-Payment. RENT MY JEWELRY DALLAS may terminate or suspend this Agreement
if your Card cannot be charged.
(g) Interest and
Collection Costs. In the event you do not pay any amounts due under this
Agreement, you will be liable to RENT MY JEWELRY DALLAS for any costs or
expenses incurred by or on behalf of RENT MY JEWELRY DALLAS in connection with
its collection of amounts due under this Agreement. Further, interest shall be
payable on all amounts outstanding at the rate of at a rate equivalent to the
prime rate according to the Wall Street Journal or another reputable business
publication plus one percent (1%), or the maximum amount allowed by law,
whichever is lower, per annum from the date such payment was due,
(h) Taxes. All
applicable local, city, and state taxes are your responsibility. You agree to
pay these taxes.
(i) Deposits. RENT
MY JEWELRY DALLAS reserves the right to request a deposit , and/or require the
return of any or all Selected Accessories in your possession in the event you
fail to pay the Fee, in the event RENT MY JEWELRY DALLAS is unable to charge
your Card, or in the event RENT MY JEWELRY DALLAS has reason to believe, in its
sole discretion, that you may not pay the Fee.
6. Account. Your account
must contain complete and accurate information at all times, including a valid
Card. You are responsible for ensuring the confidentiality of your Account
login information. Do not allow anyone else to access your Account. You are
responsible for all uses of your Account.
Once you select a Selected Accessory, subject to RENT MY JEWELRY DALLAS’s
approval, and availability of the Selected Accessory, you will receive a
notification that the Selected Accessory has shipped, with a tracking number.
(b) Delivery Method.
The Selected Accessory will ship via the courier of RENT MY JEWELRY DALLAS’s
(c) Signature Required.
The delivery of the Selected Accessory will be on a signature required basis.
Please ensure that someone will be available to sign for the Selected
(d) Delivery Time.
Delivery time for Selected Accessories may vary based upon (a) Accessory
availability, (b) your delivery address, (c) when you place an order, and (d)
other circumstances impacting delivery. There are no guarantees as to the
receipt date of any Selected Accessory. The risk of loss for items shipped
passes to you upon delivery.
Unless purchased, all Selected Accessories must be returned to RENT MY JEWELRY
DALLAS. Each Selected Accessory will be sent with materials to return ship the
(b) With Packaging.
All Selected Accessories must be returned with Packaging, except for the dust
bags, which you may keep.
(c) RENT MY JEWELRY
DALLAS Shipping Method. YOU MUST USE THE RENT MY JEWELRY DALLAS SHIPPING
METHOD TO RETURN ANY ACCESSORIES TO RENT MY JEWELRY DALLAS. YOU MAY NOT USE YOUR
OWN SHIPPING MATERIALS. Please keep all Packaging and packaging materials to
return the Selected Accessories. You will be provided a shipping label by RENT
MY JEWELRY DALLAS. If you have lost the shipping label, you may print a
replacement from your Account. You cannot use your own shipping method. Please
ensure that the package is successfully delivered to the appropriate carrier
(d) Your Own Shipping Method. IF YOU LOSE ANY RETURN
SHIPPING MATERIALS PROVIDED BY RENT MY JEWELRY DALLAS, OR OPT NOT TO USE THE
LABEL PROVIDED BY RENT MY JEWELRY DALLAS, OR OTHERWISE ACCESSORIES USING
ANYTHING OTHER THAN THE MATERIALS AND LABELS PROVIDED BY RENT MY JEWELRY DALLAS,
SUCH RETURN WILL BE AT YOUR OWN RISK, AND YOU WILL BE RESPONSIBLE TO RENT MY
JEWELRY DALLAS FOR ANY DAMAGED OR LOST ACCESSORIES IN TRANSIT TO RENT MY
JEWELRY DALLAS, OR THAT ARE NOT RECEIVED BY RENT MY JEWELRY DALLAS. PLEASE BE
AWARE OF ANY COVERAGE LIMITATIONS ASSOCIATED WITH YOUR SELECTED RETURN METHOD
IF YOU OPT NOT TO USE THAT WHICH IS PROVIDED BY RENT MY JEWELRY DALLAS, AS YOU
ARE RESPONSIBLE FOR THE SELECTED ACCESSORY UNTIL IT IS RECEIVED BY RENT MY
(e) In Person Drop Off.
You may drop off Selected Accessories for return at RENT MY JEWELRY DALLAS’s
office, 5757 Alpha Road #503 Dallas Texas 75240, during RENT MY JEWELRY DALLAS’s
normal business hours, provided you must hand the Selected Accessory to an
authorized RENT MY JEWELRY DALLAS representative and you may not leave the
Accessory without handing it to a RENT MY JEWELRY DALLAS representative.
9. Purchase. From
time to time, RENT MY JEWELRY DALLAS may agree to sell Accessories to Members.
If you are interested in purchasing an Accessory, please contact RENT MY
JEWELRY DALLAS [email protected] The purchase of Accessories
will be on terms agreed to between you and RENT MY JEWELRY DALLAS.
10. Coverage. There
are two types of coverage – the base coverage that comes with each Subscription
and an enhanced coverage plan. YOU WILL ONLY RECEIVE THE ENHANCED COVERAGE PLAN
IF YOU SUBSCRIBE TO IT AND PAY FOR IT. If you want to change your coverage
plan, please visit your Account. In each instance, there are limitations on
what the coverage covers. COVERAGE WILL ONLY APPLY IF THE ACCESSORY IS IN YOUR
CARE, CUSTODY, AND CONTROL. RENT MY JEWELRY DALLAS IS NOT THE COVERAGE
PROVIDER, AND ALL DECISIONS AS TO WHETHER THERE IS COVERAGE WILL BE MADE IN RENT
MY JEWELRY DALLAS’S THEN CURRENT COVERAGE PROVIDER’S DISCRETION, AND ANY SUCH
DECISIONS WILL BE BINDING.
(a) One Coverage
Policy Only. If you have a coverage policy that covers an Accessory, and
you collect any payment from that coverage policy, you will have to reimburse RENT
MY JEWELRY DALLAS for any amounts you collect under your policy towards the
cost of the Accessory.
(b) Base Coverage.
Your Subscription includes a base coverage policy. The base policy covers
normal wear and tear to the Accessories. There will be no obligation on your
part if you suffer a loss of an Accessory in a fire, robbery, or burglary, as
long as the item was in your custody and control at the time. In the event of
such a loss, please forward a signed statement detailing the loss and a copy of
the police report. Should an Accessory be returned in severely damaged
condition, you are responsible for paying the amounts determined by RENT MY
JEWELRY DALLAS in connection with such damaged item. If the normal wear and
tear is a result of your negligence, or you intentionally damaged the
Accessory, no coverage will apply.
(c) Enhanced Coverage.
If you elect to upgrade your coverage to the enhanced coverage, and pay for the
additional fee through the rental and time of damage, if an Accessory is
returned with damage that is more than standard wear and tear, you will not be
responsible for the cost, unless the damage was a result of your negligence, or
you intentionally damaged the Accessory, or the Accessory was not in your care,
custody, and control when the damage occurred.
(d) Custody and
Control. You will be 100% responsible for any loss or damage resulting if
an Accessory is not in your care, custody and control. The only place an
Accessory can be left unattended is in your residence or hotel room.
(e) No Coverage.
Regardless of the coverage you select, if an Accessory is not returned, and you
or RENT MY JEWELRY DALLAS terminates this Agreement, you are responsible for
paying the retail value of the Accessory to RENT MY JEWELRY DALLAS.
11. Release; Limitation of Liability.
In consideration for your use of the Accessories, you hereby remise, release
and forever discharge and agree to hold harmless RENT MY JEWELRY DALLAS and its
affiliates, and each of their respective officers, directors, employees,
agents, parents, subsidiaries, affiliates, successors, representatives, and
assigns (collectively, the “Releasees”), from and
against any and all rights, claims, demands, liability, losses, damages
(including, but not limited to, personal injuries, death or property damage),
and actions whatsoever, in law or in equity that you or your heirs, executors
or assigns may have, arising in any way from your use of the Accessories,
except to the extent that exclusion or limitation of such liability is
prohibited by law, and you hereby further hold the Releases harmless from any
taxes or subsequent costs imposed on you as a result of your use of the
You further agree that if, despite this release, waiver of
liability and assumption of risk, you or someone on your behalf makes a claim
against any of the Releasees, you will indemnify and hold harmless each of the
Releasees from any loss, liability or expense which may be incurred as a result
of such claim.
You agree that you will not assert or maintain against
Releasees any claim, action, suit or demand of any kind or nature whatsoever,
including those grounded upon invasion of privacy, rights of publicity or other
civil rights, and you hereby release the Releasees and each of them, from and
against any and all claims, liabilities, damages, demands, actions, causes of
action(s), costs and expenses whatsoever, at law or in equity, known or
unknown, anticipated or unanticipated, which you ever had, now have, or may,
shall or hereafter have by any reason, matter, cause or thing arising out of
this Agreement, the Services, or the Accessories.
You have read this Agreement and understand that you are
giving up substantial rights by signing it, and have signed it freely and
without any inducement or assurance of any nature. Accordingly, you intend it
to be a complete and unconditional release of all liability to the greatest
extent allowed by law. You agree that, if any portion of this Agreement is held
to be invalid, the balance of the Agreement shall continue in full force and
12. Disclaimers; Limitation
(a) As-Is Use.
Your use of the Accessories is as-is, and at your own risk. YOU ACKNOWLEDGE AND
AGREE THAT YOUR USE OF THE SUBSCRIPTION, INCLUDING THE ACCESSORIES, IS AT YOUR
OWN RISK AND YOU ARE RESPONSIBLE FOR YOUR USE OF THE ACCESSORIES.
(b) DISCLAIMER. TO
THE FULLEST EXTENT PERMITTED BY LAW, RENT MY JEWELRY DALLAS, ON BEHALF OF
ITSELF AND THE RELEASEES, DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES,
INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES,
IN CONNECTION WITH THE SUBSCRIPTION, INCLUDING YOUR USE OF ACCESSORIES.
(c) NO REPRESENTATIONS.
RENT MY JEWELRY DALLAS DOES NOT REPRESENT OR WARRANT THAT THE SUBSCRIPTION,
INCLUDING THE ACCESSORIES, AND SPECIFICALLY DISCLAIMS, WILL BE IN GOOD
CONDITION, IN WORKING CONDITION, OR OTHERWISE USABLE. FURTHER, RENT MY JEWELRY
DALLAS DOES NOT REPRESENT OR WARRANT THAT THE SUBSCRIPTION, INCLUDING THE
ACCESSORIES, AND SPECIFICALLY DISCLAIMS, WILL BE ERROR FREE, WITHOUT DELAY OR
INTERRUPTION, OR WITHOUT DELAY.
(d) LIMITATION OF
LIABILITY. TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE
LIABILITY OF RENT MY JEWELRY DALLAS EXCEED $1,000.00. IN NO EVENT SHALL RENT MY
JEWELRY DALLAS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL,
EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES to your or
your property for any claim, harm, damage, or loss, ARISING OUT OF, OR IN ANY
WAY CONNECTED WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE accessing
or USE of, OR INABILITY TO USE, THE SERVICES ASSOCIATED THEREWITH including but
not limited to the SUBSCRIPTION, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN
CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH
DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET
FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF YOUR BREACH, OR RELATED
TO YOUR INDEMNITY OBLIGATIONS. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED
LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES; AND, IF ANY OF THOSE LAWS APPLY
TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS
MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
13. Indemnification. You
shall indemnify and hold RENT MY JEWELRY DALLAS, the Releasees, each of their
affiliates, and any of their parent company, sister company, subsidiary,
related company or affiliate thereof, and each of their respective officers,
directors, employees, agents and affiliates harmless from and against any and
all demands, claims, actions, causes of action, liabilities, suits, proceedings,
investigations or inquiries, or any damages, judgments, awards, or settlement
thereto, and all related out-of-pocket expenses, including, but not limited, to
all reasonable outside attorneys’ fees and court costs, arising from or related
to or arising from your breach of this Agreement and/or your use of the
14. Limitations of Subscription.
The Accessories may not be available at all times, and RENT MY JEWELRY DALLAS
is not responsible for some or all Accessories being unavailable when you want
to rent them. The Accessories are available on a first come, first served
basis, and you may not be able to rent Accessories at the time you desire. You
agree that RENT MY JEWELRY DALLAS is not responsible for the unavailability of
15. Usage. You hereby
irrevocably grant permission to RENT MY JEWELRY DALLAS and its affiliates,
successors and assigns and their respective designees, the irrevocable,
perpetual right to photograph, videotape, record and/or otherwise reproduce
names, images, likeness, silhouettes, voice/sound, statements, quotes,
comments, opinions, experiences, including but not limited to with RENT MY
JEWELRY DALLAS products, and other information about you and reproductions of
you (collectively, “Reproductions”), and the irrevocable
right to use, copy and publish any and all Reproductions in any manner, without
payment or compensation except as set forth herein, in the unlimited,
unrestricted distribution, advertising, promotion and exploitation, including
commercial uses and exploitation, in and/or by any method, medium, and device
now known and/or hereafter devised, including within a mobile application,
through social media, on the Internet and otherwise, throughout the universe in
perpetuity. You agree that the rights granted to RENT MY JEWELRY DALLAS shall
include the right, exercisable in RENT MY JEWELRY DALLAS’s sole discretion, to
depict and/or portray you and the Reproductions to such extent and in such
manner as RENT MY JEWELRY DALLAS may determine, and the absolute and
irrevocable right to edit, modify, alter and otherwise change any
Reproductions, and to juxtapose any Reproductions with any other photographs,
film clips, video, image, media and/or other material. Neither the
Reproductions nor any content, advertisement or other material need be
submitted to you for approval and you hereby waive any right to inspect or
approve the finished Reproductions, if any, or printed or electronic matter
that may be used in conjunction with them now or in the future, whether that
use is known or unknown to you. You agree that RENT MY JEWELRY DALLAS (or its
designee(s)) shall be the exclusive owner of all copyright, trademark,
intellectual property and other rights in and to the Reproductions and any and
all modifications, improvements, and derivations thereof. In the event that you
have, as a matter of law, any right, title or interest in or to the
Reproductions or any modifications, improvements or derivations thereof, you
assign and will assign to RENT MY JEWELRY DALLAS all such right, title and
interest. The provisions of this Section shall survive termination or
expiration of this Agreement.
16. Actual Damages. In
event you fail to pay the Fee, or any other amounts due or owing to RENT MY
JEWELRY DALLAS, or to return any Selected Accessories, or return a Selected
Accessory in a damaged condition, in addition to being charged the complete
retail value of the Selected Accessory in your possession, you will be
responsible to pay RENT MY JEWELRY DALLAS its ACTUAL DAMAGES, including nit not
limited to the Fee plus interest, as well as any costs or expenses incurred by RENT
MY JEWELRY DALLAS in connection with collecting payment from you, cleaning the
Selected Accessory, restoring the Collected Accessory, or otherwise fixing the
17. Term and Termination.
(a) Term. The “Initial
Term” of this Agreement shall commence on the Effective Date
and continue for three (3) Months, unless earlier terminated as set forth
herein. This Agreement shall automatically renewal for successive one (1) Month
“Renewal Terms”). The first Renewal
Term shall commence on the first day of the first Month after the last day of
the Initial Term, and each consecutive Month thereafter, unless earlier
terminated as set forth herein. The Initial Term and the Renewal Term shall be
referred to as the “Term”.
(b) No Early
Termination of the Initial Term. Except for your breach of this Agreement,
this Agreement may not be terminated during the Initial Term.
After the last day of the Initial Term, you may terminate this Agreement at any
time, provided: (i) you do not have any Selected Accessories; (ii) RENT MY
JEWELRY DALLAS has received any Selected Accessories returned to RENT MY
JEWELRY DALLAS; and (iii) you terminate your Account at least five (5) days
before the Start Date of your next Month. If you terminate this Agreement in
compliance with the foregoing, the effective date of termination of this
Agreement will be the last day of the Month. If you terminate under this
Section with less than five days before the Start Date of your next Month, this
Agreement will still terminate, but the effective date of termination will be
the last day of the following Month. If this Agreement is terminated under this
Section, you will be responsible for payment of the Fee through the end of the
Month in which termination is effective.
(d) By RENT MY JEWELRY
(i) RENT MY JEWELRY DALLAS may terminate this Agreement at
any time, for any or no reason, with immediate effect. If this Agreement is
terminated by RENT MY JEWELRY DALLAS, you will be entitled to a refund, on a
pro rata basis, of any Fee actually paid by you for the remainder of the Month
after the Effective Date of termination. You refund will be on a pro rata basis
based on a thirty day period.
(e) Suspension. In
addition to RENT MY JEWELRY DALLAS’s termination rights as set forth herein, if
you breach this Agreement, or RENT MY JEWELRY DALLAS believes or has reason to
believe that you are likely to breach this Agreement, or that you have or are
likely to damage an Accessory, RENT MY JEWELRY DALLAS may suspend your access
(f) Result of
Termination. Except as specifically provided herein to the contrary, upon
expiration or termination of this Agreement, your Account will be terminated
and your Subscription will end. Further, you must immediate return any Selected
Accessories, or other Accessories you have in your possession, in compliance
with the return procedure. You will pay all Fees accrued during the Term if not
18. Governing Law/Resolution of Disputes.
This Agreement shall be construed and interpreted pursuant to the laws of the
State of New York without consideration to its choice of law provisions, and
any claims arising hereunder shall be prosecuted therein.
In the interest of resolving disputes between you and RENT
MY JEWELRY DALLAS in the most expedient and cost-effective manner, you and RENT
MY JEWELRY DALLAS agree that ALL disputes arising out of or related to this
Agreement or the Subscription, whether based in tort, statute, fraud, contract,
misrepresentation, or any other legal theory, and regardless of whether a claim
arises during or after the termination of these terms, will be resolved through
final and binding arbitration before a neutral arbitrator instead of in a court
by a judge or jury. Arbitration is more informal than bringing a lawsuit in
court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is
subject to very limited review by courts. Arbitration allows for more limited
discovery than in court, however, we agree to cooperate with each other to
agree to reasonable discovery in light of the issues involved and amount of the
claim. Arbitrators can award the same damages and relief that a court can
award, but in so doing, the arbitrator shall apply substantive law regarding
damages as if the matter had been brought in court, including without
limitation, the law on punitive damages as applied by the United States Supreme
Court. This arbitration provision shall survive termination of this Agreement
and any other contractual relationship between you and RENT MY JEWELRY DALLAS.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND RENT MY
JEWELRY DALLAS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE
IN A CLASS ACTION.
Notwithstanding the paragraph above, nothing in this
Agreement will be deemed to waive, preclude, or otherwise limit the right of
either party to: (a) bring an individual action in small claims court; (b)
pursue an enforcement action through the applicable federal, state, or local
agency if such an action is available; (c) seek injunctive relief in a court of
law; or (d) to file suit in a court of law to address an intellectual property
If you desire to assert a claim against RENT MY JEWELRY
DALLAS, and you therefore elect to seek arbitration, you must first send to RENT
MY JEWELRY DALLAS, by certified mail, a written Notice of your claim (“Notice”).
The Notice to RENT MY JEWELRY DALLAS should be addressed to: Rent My Jewelry
Dallas, [_______________________] (“Notice Address”).
If RENT MY JEWELRY DALLAS desires to assert a claim against you and therefore
elects to seek arbitration, it will send, by certified mail, a written Notice
to the most recent address we have on file or otherwise in our records for you.
A Notice, whether sent by you or by RENT MY JEWELRY DALLAS, must (a) describe
the nature and basis of the claim or dispute; and (b) set forth the specific relief
If RENT MY JEWELRY DALLAS and you do not reach an agreement to resolve the
claim within 30 days after the Notice is received, you or RENT MY JEWELRY
DALLAS may commence an arbitration proceeding or file a claim in small claims
court. During the arbitration, the amount of any settlement offer made by RENT
MY JEWELRY DALLAS or you shall not be disclosed to the arbitrator. You may
download or copy a form Notice and a form to initiate arbitration from the
American Arbitration Association (“AAA”) at
www.adr.org. The arbitration will be governed by the Commercial Arbitration
Rules and the Supplementary Procedures for Consumer Related Disputes
(collectively, “AAA Rules”) of the American
Arbitration Association, as modified by these Terms, and will be administered
by the AAA. The AAA Rules and Forms are available online at www.adr.org, by
calling the AAA at 1-800-778-7879, or by requesting them from us by writing to
us at the Notice Address. The arbitrator is bound by the terms of these Terms.
All issues are for the arbitrator to decide, including issues relating to the
scope and enforceability of these Terms, including this arbitration agreement.
Any arbitration hearing will take place at a location to be agreed upon in Los
Angeles County, California. Regardless of the manner in which the arbitration
is conducted, the arbitrator shall issue a reasoned written decision sufficient
to explain the essential findings and conclusions on which the award is based.
Except as expressly set forth herein, the payment of all filing, administration
and arbitrator fees will be governed by the AAA Rules. The arbitrator shall
award reasonable fees to the prevailing party.
YOU AND RENT MY JEWELRY DALLAS AGREE THAT EACH MAY BRING
CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and RENT MY JEWELRY DALLAS agree otherwise, the
arbitrator may not consolidate more than one person’s claims with your claims,
and may not otherwise preside over any form of a representative or class
proceeding. 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 this specific
provision is found to be unenforceable, then (a) the entirety of this
arbitration provision shall be null and void, but the remaining provisions of
these Terms shall remain in full force and effect; and (b) exclusive jurisdiction and venue
for any claims will be in state or federal courts in New York, New York.
19. Conflicts. In
the event of a conflict between this Agreement and any Additional Agreement,
the terms and conditions of this Agreement shall govern.
20. Remedies. In the
event that either party should breach or violate any of its covenants,
representations or warranties contained in this Agreement, or fail to perform
any of its material obligations hereunder, the other party shall be entitled to
exercise any rights or remedy available to it at law or in equity. Such rights
and remedies shall include but shall not be limited to termination (as provided
herein), damages and the right to seek injunctive relief. The exercise of any rights
or remedies available to the non-breaching party shall not preclude the
concurrent or subsequent exercise by it of any other right or remedy and all
rights and remedies shall be cumulative.
21. No Assignment. You
acknowledge and agree that the rights granted herein are personal in nature and
may not, in whole or in part, be transferred, delegated, or assigned by you
without the prior written express consent of RENT MY JEWELRY DALLAS. In the
event you assign this agreement to a third party with RENT MY JEWELRY DALLAS’s
consent, you shall remain primarily liable for the performance of its
obligations hereunder. Nothing herein shall prevent RENT MY JEWELRY DALLAS from
assigning its rights or obligations under this Agreement.
22. General Provisions.
Understanding. This Agreement sets forth the entire agreement and
understanding between the parties with respect to the subject matter hereof and
may not be orally changed, altered, modified or amended in any respect. To
effect any change, modification, alteration or amendment of this Agreement, the
same must be in writing, signed by the parties hereto.
(b) Final Agreement;
Modification. This Agreement contains the complete, final, and exclusive
integrated agreement between the parties with respect to its subject matter.
This Agreement supersedes all other prior agreements, written or oral, relating
to such subject matter, except for the Additional Agreements, which are
incorporated. At any time and from time to time, and without your consent, RENT
MY JEWELRY DALLAS may unilaterally amend, modify, or change this Agreement or
any Additional Agreement, in its sole discretion and without any notice or
cause. By continuing to use any Service after any amendment, modification, or
change, you agree to be bound by all such amendments, modifications, and
(c) No Waiver. No
waiver by either party, whether expressed or implied, of any provision of this
Agreement or of any breach or default of any party, shall constitute a
continuing waiver of such provision or any other provisions of this Agreement,
and no such waiver by any party shall prevent such party from acting upon the
same or any subsequent default of any other part of any provisions of this
(d) Relationship of
Parties. This Agreement does not constitute and shall not be construed as
constituting an agency, a partnership or joint venture between you and RENT MY
JEWELRY DALLAS. Additionally, nothing contained herein shall be construed as to
create between you and RENT MY JEWELRY DALLAS the relationship of franchisor
and franchisee. You shall have no right to obligate or bind RENT MY JEWELRY
DALLAS in any manner whatsoever, nor shall RENT MY JEWELRY DALLAS have the
right to obligate or bind you, and nothing herein contained shall give or is
intended to give any rights of any kind to any third persons.
(e) Successors and
Assigns. Without limiting anything herein to the contrary, this
Agreement shall be binding upon and shall inure to the benefit of the
successors and permitted assigns of the parties.
(f) Survival of Terms.
All terms, conditions, obligations and provisions capable of surviving the
termination or expiration of this Agreement shall so survive.
(g) Draftsmanship of
Agreement. This writing is the result of the mutual effort of the parties
and their respective counsel; therefore, the parties agree that neither party
shall be considered the draftsman of this Agreement.