RENT LIKE A CHAMPION, INC.

TERMS OF USE AND SERVICE

 

Last Updated: March 30, 2016

 

ACCEPTANCE OF THE TERMS

CHANGES TO THE TERMS

RENT LIKE A CHAMPION SERVICES

HOMEOWNER TERMS

OCCUPANT TERMS

DISPUTES BETWEEN HOMEOWNER AND OCCUPANT

WEBSITE TERMS

MISCELLANEOUS

 

ACCEPTANCE OF THE TERMS

 

These terms of use (“Terms”) govern your use of rentlikeachampion.com and any associated pages or sub-domains (the “Website”) and any services provided in connection with the Website (collectively, the “Platform”).  The Platform is owned or controlled by Rent Like A Champion, Inc., a Delaware corporation (“Rent Like A Champion” or “we”).  These Terms affect your legal rights and obligations.  If you do not agree to be bound by all of these Terms or our privacy policy located at http://info.rentlikeachampion.com/privacy-policy (“Privacy Policy”), do not access or use the Platform.

 

You may use the Platform only if you (a) are 18 years of age or older, (b) reside in the United States or any of its territories or possessions and (c) can enter into a binding legal contract (only in compliance with these Terms and applicable laws).  If you open an account on behalf of a company, organization, or other entity, then (x) “you” includes you and that entity, and (y) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.  If you do not meet all of these requirements, you should not access or use the Platform.

 

CHANGES TO THE TERMS

 

We may revise these Terms from time-to-time in our sole discretion, and the most current version will always be posted on our website at http://info.rentlikeachampion.com/terms-of-use.  If, in our sole discretion, we deem a revision to be material, we may notify you.  You should check these Terms from time to time so you are aware of any revisions.  By continuing to access or use the Platform after revisions become effective, you agree to be bound by the revised Terms.  If you do not agree to the new terms, you must stop using the Platform.

 

RENT LIKE A CHAMPION SERVICES

 

Generally.  Through the Platform, Rent Like A Champion provides an internet-based service that connects individuals who want to make a reservation to occupy weekend vacation homes with homeowners who own properties in select geographic markets near sports venues.  Rent Like A Champion is acting in a limited capacity as a payment provider to users of the Platform to collect and disburse payments from one user to another.  These Terms apply generally to all types of users, except where a single user type is specifically referenced.  You are a “Homeowner” if you list your property via the Platform (“Property”).  You are an “Occupant” if you make a reservation to occupy a Property listed on the Platform (“Reservation”).  All property listings created on the Platform (“Listings”) and reservations of such Properties are subject to these Terms.  You acknowledge that any license for the use of a Property is created exclusively between the Homeowner and the Occupant. 

 

Rent Like A Champion as Payment Provider.  Rent Like A Champion is acting in a limited capacity as a payment provider by creating, hosting, maintaining, and providing the Platform to you via the Internet.  In its capacity as payment provider, Rent Like A Champion will collect from Occupant a fee charged by Homeowner to use the Property (the “Reservation Fee”) for the amount and time agreed to in the Listing and Rent Like A Champion will remit a payment to Homeowner (net of any fees that must be paid by Homeowner).  All charges and payments are processed through a third party.  Rent Like A Champion does not control whether an Occupant or Homeowner will actually complete the underlying transaction.  By using the Platform, you expressly acknowledge that (a) Rent Like A Champion is not acting as a trustee or a fiduciary of any Occupant or Homeowner and that the Platform is provided to registered users administratively; (b) Rent Like A Champion is not a “financial institution” as defined under the Bank Secrecy Act and services provided via the Platform are payment services rather than a banking services; (c) RENT LIKE A CHAMPION IS NOT A BANK AND ANY PAYMENTS TRANSFERRED THROUGH RENT LIKE A CHAMPION ARE NOT INSURED DEPOSITS AND ARE SUBJECT TO DEFAULT, LOSS OR FORFEITURE.

 

Rent Like A Champion reserves the right to seek reimbursement from you, and you will reimburse Rent Like A Champion, if Rent Like A Champion discovers a fraudulent transaction, erroneous or duplicate transaction, or if Rent Like A Champion receives a charge back or reversal from any user’s credit card company, for any reason.  You agree to and acknowledge Rent Like A Champion’s right to investigate any and all transactions for fraud.  Further, you agree to cooperate with any reasonable requests made by Rent Like A Champion in an effort to investigate fraud. You agree that Rent Like A Champion has the right to obtain such reimbursement by charging your account, deducting amounts from future transfers, charging your credit card or any bank account associated with your account, or obtaining reimbursement from you by any other lawful means, including using a third party collection agency.  Failure to pay for reimbursements of a charge back or a reversal of payment is cause for termination of your account.

 

Your use of the Platform constitutes your agreement to pay for any amounts, which you authorize us to retain from transactions and, as appropriate, charge to your credit card.  Such payments, once authorized, are final.  When a Homeowner has accepted a payment for a reservation, (i) Rent Like A Champion shall have no further liability to any party with respect to payment for such reservation; (ii) Homeowner acknowledges that Rent Like A Champion has provided a complete service in respect of the payment made by Occupant for such reservation; and (iii) Homeowner hereby releases Rent Like A Champion from any and all liability with respect to such payment.

 

All payments and pricing are in US Dollars and therefore Rent Like A Champion is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than US Dollars, nor is Rent Like A Champion responsible for currency fluctuations that occur when receiving or sending payment via credit card.

 

HOMEOWNER TERMS

 

Homeowner agrees and acknowledges that Homeowner has: (a) read these Terms, including these Homeowner Terms and (b) agrees to perform in accordance with the terms and conditions of these Terms, including these Homeowner Terms.  Homeowner further acknowledges that upon confirmation of a Reservation by an Occupant to license a Homeowner’s Property through the Platform, Homeowner is entering into a binding legal contract with such Occupant.  Homeowner’s obligations hereunder will inure to the benefit of such Occupant.  Rent Like A Champion will be a third party beneficiary to each such agreement between Homeowner and an Occupant, and Rent Like A Champion may enforce such Occupant’s rights hereunder.

 

Homeowner represents and warrants that he or she is the legal owner of the Property listed by Homeowner and has the authority to license the Property and provide the permissions required in accordance with these Terms. 

 

Contact Information

Homeowner must provide Rent Like A Champion with valid, current contact information, including an emergency phone number where Homeowner will be available during all times of the period an Occupant is granted a license by Homeowner to use the Property (“Reservation Period”).

 

Listing

All Listings are subject to Rent Like A Champion’s review and may be withdrawn at any time at Rent Like A Champion’s sole discretion. 

 

Property Availability.  Once a Homeowner has uploaded a price, check-in time, and check-out time to a Listing for a particular event weekend, he or she is guaranteeing that the Property will be available under those terms.  Homeowner may remove a Listing from the Platform at any time prior to such Listing becoming a Reservation (i.e. any time prior to Homeowner receiving a Reservation confirmation email). 

 

Accuracy of Listing Information.  Homeowner agrees to provide accurate, truthful, and factual descriptions in the Listing at all times.  Homeowner is solely responsible for updating and maintaining the accuracy of the Listing. By providing a description of the Property on the Platform, Homeowner agrees to fulfill the Reservation according to those descriptions with all listed features provided in the manner laid out by Homeowner. 

 

Reservation Confirmations

 

Reservation confirmations will be sent to Homeowners via email upon booking and confirmation of the reservation.  The following details will be included in the reservation: reservation fee, RLAC Service Fee (defined below), credit card fees and expected Homeowner proceeds from the Reservation (“Net Homeowner Proceeds”).

 

Homeowner Responsibilities

 

Lockbox.  Homeowners are required to use a four-digit numerical lockbox similar to a Masterlock 5400D to provide keys to Occupant for entering the Property.  Homeowners are free to set the code to whatever number they wish, however the code may not be changed within 14 days of an existing Reservation without the prior written consent of Rent Like A Champion.   Homeowner will maintain an accurate security code on the lockbox for the Property.

 

Vacating the Property.  Homeowners will establish check-in and check-out times in the Listing.  Homeowners are required to vacate the Property at least 30 minutes prior to the check-in time and may not return until at least 30 minutes after the check-out time.  Penalties may be assessed (and set off against any payment payable by Rent Like A Champion to Homeowner) if a Homeowner has not vacated the premises prior to a contractual check-in or returns prior to the check-out time. 

 

Condition of the Property.  The Property must be cleaned prior to Occupant’s arrival. Beds must be made with fresh linens.  Towels for the maximum capacity headcount must be placed on the beds or in immediate view.

 

Amenities.  Homeowner will provide basic hotel style toiletries including hand soap, shampoo, conditioner and shower soap.  Homeowners can offer the option to furnish their homes with groceries or other amenities on their Listing and should only provide such amenities if the Occupant requests them.  Homeowner should indicate what optional amenities are available in the Listing.

 

Home Instructions.  Homeowner will provide detailed home instructions which will be included on each Property profile for Occupants to review before arrival.  A printed copy of the instructions should be left in the kitchen for Occupants to review during their stay.  The instructions should include information about how to use the electronics, where to park, and any other vital information needed to ensure a pleasant stay.

 

Prohibited Activities.  Homeowners are expressly forbidden from performing any of the following activities: supplying personal information to Occupants without the prior consent of Rent Like A Champion prior to a Reservation being confirmed, releasing promotional materials to Occupants unless the materials have been approved by Rent Like A Champion, behaving in an abusive fashion towards any Occupant or employee or agent associated with Rent Like A Champion, using the Platform for illegal activities, and violating any local, county, state, or federal regulations, laws or ordinances.  Rent Like A Champion reserves the right to permanently remove Homeowner from the Platform for performing any of the foregoing activities.

 

Occupant Privacy.  Homeowners should be mindful of Occupant’s privacy while using the Property. Please note that the use of cameras, surveillance equipment or other monitoring technology may violate local laws and subject the Homeowner to legal penalties and prosecution.  Homeowners should notify Occupants of the presence of surveillance equipment and monitoring technology in the Listing.

 

Tax Information.  Homeowner agrees to provide any tax information (e.g., IRS Form W-9) as necessary for Rent Like A Champion to prepare and issue a 1099 tax form, as applicable per IRC code.

 

Local Laws.  Homeowner is responsible for complying with local law related to licensing property in exchange for a fee and to pay any and all local taxes that may applicable as a result of renting your Property.

 

RLAC Rights and Obligations

 

Distribution of Net Homeowner Proceeds.  Rent Like A Champion will use commercially reasonable efforts to process the Net Homeowner Proceeds promptly following the check-out time established in each individual reservation.  Should a refund request or Damage Protection Amount request be submitted, payment of the Net Homeowner Proceeds may be delayed.

 

Information Distribution.  Rent Like A Champion will not redistribute any Homeowner contact information prior to a Reservation being confirmed, except for information used purely for marketing purposes associated with the Property, without your express written consent.

 

Contact Policy and Homeowner Removal from the Platform for Offline Booking.  Rent Like A Champion intends to serve as the only point of contact for Occupants prior to Occupant booking the Reservation.  Homeowner will not contact any Occupant without the prior written consent of Rent Like A Champion before payment is made by the Occupants. Homeowners may not include personal contact information or alternate website information in the Listing.  If this type of information is included in the profile, the Listing will be subject to immediate removal from the Platform.  If Homeowner is contacted directly by the Occupant to circumnavigate Rent Like A Champion, Homeowner shall notify Rent Like A Champion immediately.  Rent Like A Champion reserves the right to permanently remove Homeowner from the Platform for violating any of the foregoing policies.

 

Permission to Advertise.  Homeowner hereby grants Rent Like A Champion the right to advertise the Property for license on the Website, Internet blogs, online classified sites, and through other advertising media.

 

Emergency Repair and Locksmith.  Rent Like A Champion may make emergency repairs reasonably required at Homeowner’s expense without prior authorization, provided that Rent Like A Champion will make a good faith effort to contact Homeowner before making such repairs. In lieu of making any such repair, Rent Like A Champion may, in its sole discretion, refund all or any portion of the Reservation Fee to Occupant with no liability to Homeowner. Should a key not be available inside of a lockbox or should a lockbox malfunction, due to an incorrectly set code or any other reason due to action or inaction by Homeowner preventing access to the Property, Homeowner authorizes procurement of locksmith services at Homeowner’s expense provided that Rent Like A Champion will make a good faith effort to contact Homeowner prior to procuring such services.  Homeowner may also be required to pay Occupant a fee if the lockout caused by the Homeowner.

 

Fees

 

Rent Like A Champion Service FeesHomeowner will pay Rent Like A Champion a service fee based on the Reservation Fee collected (“RLAC Service Fee”).  In South Bend, Indiana, a minimum service fee of $250 will apply.

 

Credit Card Fee.  If an Occupant pays via credit card, the credit card processing fees related to such transaction will be deducted from Homeowner’s proceeds to cover online credit card processing fees.  The credit card fee policy is subject to change without any prior notice based on Rent Like A Champion’s credit card merchant processing agreement.

 

Emergency Repair/Locksmith Fee.  If we are required to make an emergency visit during a reservation due to maintenance issue, lockout not at the fault of the Occupant, or for any other reason, Homeowner is responsible for a $50 fee per visit, plus any repair costs or other fees associated with the visit payable out of the Homeowner’s proceeds.

 

Fee for Property Unavailability and Occupant Refunds.  If Homeowner’s Property is not available after it has been reserved or if the Listing is described inaccurately, which reasonably results in the Occupant procuring alternate accommodations, Homeowner may be liable to Occupant under the Terms for any costs associated with procuring alternate accommodations.  Homeowner will remain obligated to pay Rent Like A Champion the RLAC Service Fee whether or not the Occupant actually stays at the Property.  Rent Like A Champion reserves the right to offset any unpaid fees against future Net Homeowner Proceed payments. 

 

Indemnification of Rent Like A Champion

 

Under no circumstances shall Rent Like A Champion be held liable for Property or other damages or any indirect, special or consequential damages. 

 

OCCUPANT TERMS

 

Occupant agrees and acknowledges that Occupant has: (a) read these Terms, including these Occupant Terms and (b) agrees to perform in accordance with the terms and conditions of these Terms, including these Occupant Terms.  Occupant further acknowledges that upon confirmation making a Reservation through the Platform, Occupant is entering into a binding legal contract with the Homeowner of the Property.  Occupant’s obligations hereunder will inure to the benefit of such Homeowner.  Rent Like A Champion will be a third party beneficiary to each such agreement between Occupant and a Homeowner, and Rent Like A Champion may enforce such Homeowner’s rights hereunder.

 

Booking

 

You may book a Property on the Platform by: selecting the Property, updating or confirming the check-in and check-out times and clicking “Reserve”.  You will be prompted to create an account and you will have to enter certain contact information, agree to these Terms and make any payments requested.

 

Payment

 

Occupant will pay the full amount of the Reservation Fee due for licensing the Homeowner’s Property at the time of booking to Rent Like A Champion.  Occupant will pay the listed price, plus the service fee specified on the Listing to Rent Like A Champion.  If you choose the Pay By Group option to pay the Reservation Fee, you will be directed to a third party website which allows you to split the Reservation Fee among multiple credit cards.  Your reservation will not be completed until we receive confirmation from Pay By Group that the Reservation Fee has been paid in full.  The Property and dates you select will remain available for booking by other users until the Pay By Group processing is completed.

 

Damage Protection Hold

Occupant authorizes Rent Like A Champion to place a hold on Occupant’s credit card approximately two to three business days prior to the Reservation for the amount of $1,000 (“Damage Protection Amount”). Occupant authorizes Rent Like A Champion to charge some or all of the Damage Protection Amount if at the completion of the Reservation such amount is required to compensate Homeowner for any damages, repairs, or other charges resulting from your occupancy of the Property, in accordance with the Homeowners’ Claims Chart (Exhibit A).

 

Occupant Responsibilities

 

Care of the Property.  Occupant will exercise reasonable care to ensure that Homeowner’s Property and belongings are kept secure, and are not damaged, lost, removed, or stolen.  Occupant will not remove or damage any items on the Property.  Any removal or damage of the Property will constitute a violation of these Terms, and may result in a charge to Occupant.

 

Cleaning.  Occupant will maintain the Property, including the home, any other structures, the yard, and the immediate sidewalk area in a clean and sanitary manner during the time that Occupant stays at the Property.  Occupant will not make any alterations to the Property.  At the termination of this Agreement, the Occupant agrees to leave the Property in the same condition as when it was received, except for normal use, wear, and tear.  Should the premises be in an unreasonably dirty or unclean condition relative to the state of the Property upon arrival, then Occupant may be charged for any excessive cleaning fees or costs incurred by Homeowner.

 

Maximum Accommodations.  The accommodations limit listed on the website for each Property is the maximum number of individuals that the Property can accommodate during the Reservation.  If the Occupant brings additional people above the maximum accommodation limit without Homeowner’s prior written consent, the Occupant may be subject to additional fees or charges.

 

Animals.  Occupant will not bring any animals onto the Property without Homeowner’s prior written consent.  Occupant may be subject to additional fees and charges for the presence of the animal on the Property and any damage caused by the animal or additional cleaning fees resulting from animal residue.

 

Parking.  Occupant will only park vehicles on paved driveways or in legal, unreserved street parking spots.  Occupant is responsible for any towing fees, city ordinance fees, and any other costs or fees resulting from a failure to park vehicles on driveways or other legally permissible locations.

 

Smoking.  Occupant will not smoke in the home or otherwise on the Property without Homeowner’s prior written consent. Failure to abide by the Homeowner’s request may result in charges to the Occupant.

 

No Disturbance.  Occupant will and will ensure his or her family members, guests, friends, invitees and other parties entering the Property agree to behave in a manner which is respectful and not disturbing to others.  Failure to behave in this manner may constitute termination of our relationship with you and your use of the Platform, and Occupant may be charged for damages, including but not limited to fines for municipal violations or citations incurred during your Reservation.

 

Compliance with Laws.  Occupant will comply with all rules, laws, and ordinances affecting the Property, including all applicable provisions of the laws of the state in which the Property is located. Occupant will not to use or permit the use of any illegal drugs on the Property.  Occupant further will not allow anyone under the age of 21 to consume alcoholic beverages on the Property.  Occupant is responsible for any ordinance violations, including noise violations, by Occupant or any guest or invitee of Occupant or other parties entering the Property, during the Reservation.

 

Duty to Vacate.  Occupant will vacate the Property prior to the check-out date and time of the license for use of the Property indicated in the Reservation.  If Occupant fails to vacate the Property following the check-out time, Occupant will be liable for a charge of the greater of: (a) $1,000/day or (b) [the Reservation Fee per day plus $500] until Occupant vacates the Property or is evicted.

 

Changes to Reservation

 

Cancellations.  If you cancel your Reservation with at least 60 days advance written notice to Rent Like A Champion, you will be entitled to a 50% refund of the Reservation Fee (less any credit card processing transaction fees).  Reservations cancelled less than 60 days in advance are non-refundable, except under rare extenuating circumstances at the sole discretion of Rent Like A Champion. 

 

Alternative to Property.  Rent Like A Champion reserves the right in extraordinary cases or other emergencies, such as a Property is unavailable due to causes outside of Rent Like A Champion’s control, to procure alternative housing that is considered reasonably satisfactory to Occupant.  If Rent Like A Champion is unable to provide housing that is reasonably satisfactory to the Occupant, Rent Like A Champion shall provide a full refund of all monies paid, and Occupant shall not hold Rent Like A Champion liable for any damages or penalties.

 

DISPUTES BETWEEN HOMEOWNER AND OCCUPANT

 

Homeowners and Occupants will direct any disputes about Reservations to Rent Like A Champion (“Disputes”).  All Disputes must be submitted in writing and emailed to admin@rentlikeachampion.com within 48 hours of the scheduled Reservation check-out time with all relevant evidence.  The Homeowners’ Claims Chart (Exhibit A) outlines the types of evidence the Homeowner should provide for certain types of claims and the associated compensation.  Rent Like A Champion may, but is under no obligation to, investigate Disputes. Submitting a Dispute in no way alters the parties’ rights and responsibilities under this Agreement.

 

Rent Like A Champion will use commercially reasonable efforts to resolve Disputes. Rent Like A Champion will consider the evidence presented and seek to resolve Disputes expeditiously in accordance with the Homeowners’ Claim Chart (Exhibit A).  At Rent Like A Champion’s discretion, including if the Dispute amount exceeds the Damage Protection Hold Amount, Rent Like A Champion may seek alternative resolution through insurance or other means.  Rent Like A Champion will promptly advise Homeowner and Occupant of its position on such Dispute.  Upon such notice, Homeowner or Occupant may seek further resolution without Rent Like A Champion’s further assistance, provided that Rent Like A Champion will respond to reasonable document requests.

 

You hereby acknowledge that the Platform provides a marketplace for Occupants and Homeowners to interact.  In the event that a dispute arises between Homeowner and Occupant(s) or between Homeowner or Occupant and Rent Like A Champion, Homeowner agrees to release, indemnify, defend, and hold harmless Rent Like A Champion and all affiliated companies, officers, directors, agents, parents, subsidiaries, legal representatives, and employees from all claims, demands, and damages (both actual and consequential) of every kind and nature except in the event of gross negligence by or on behalf of Rent Like A Champion.  The total of any liability on the part of Rent Like A Champion is limited to the total amount paid to Homeowner for the Reservation.   

 

WEBSITE TERMS

 

Accessing the Website and Account Security

 

We reserve the right to withdraw or amend the Platform at any time, in our sole discretion without notice.  We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period.  From time to time, we may restrict or block access to the Platform.

 

To access the Platform 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 Platform that all the information you provide on the Platform is correct, current and complete.  You agree that all information you provide to register with this Platform or otherwise, including but not limited to through the use of any interactive or messaging features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.  We will not be responsible for any losses that result from your failure to provide correct and current information, which may include, but is not limited to, any losses related to lost or undeliverable items.

 

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 will be responsible for all activity associated with your account, including any fees incurred or conduct which violates our Intellectual Property Policy.  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.

 

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 of these Terms.

 

Intellectual Property Rights

 

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 Rent Like A Champion, 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.

 

These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

 

       Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

       You may store files that are automatically cached by your Web browser for display enhancement purposes.

       You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

 

You must not:

 

       Modify copies of any materials from this site.

       Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

       Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

 

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

 

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, your right to use the Website will cease 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 Rent Like A Champion. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

 

Trademarks

 

Rent Like A Champion’s name, the term “Rent Like A Champion” and all related names, logos, product and service names, designs and are trademarks of Rent Like A Champion or its affiliates or licensors.  You may not use such marks without the prior written permission of Rent Like A Champion.

 

Prohibited Uses

 

You may use the Platform only for lawful purposes and in accordance with these Terms. In connection with your use of the Platform, you agree:

 

       Not to violate any applicable federal, state, local or international law or regulation;

       Not to send unsolicited or misleading messages, or otherwise use the Platform to send messages;

       Not to (or attempt to) exploit, harm, or collect the personal information of minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;

       Not to impersonate or attempt to impersonate Rent Like A Champion, a Rent Like A Champion employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);

       Not to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm Rent Like A Champion or users of the Platform or expose them to liability.

 

Additionally, you agree not to:

 

       Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Website;

       Use any robot, spider or other automatic device, process or means to access the Platform for any purpose without the express permission of Rent Like A Champion, including monitoring or copying any of the material on the Website;

       Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without the express permission of Rent Like A Champion.

       Use any device, software or routine that interferes with the proper working of the Platform;

       Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;

       Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform;

       Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack;

       Otherwise attempt to interfere with the proper working of the Platform.

 

User Contributions

 

Anything that you submit for processing through the Platform or otherwise transmit or make available on our Platform are referred to as “User Contributions.”  You retain all rights in, and are solely responsible for, the User Contributions you transmit using the Platform.  All User Contributions must comply with the Terms.

 

We reserve the right to block, remove or modify User Contributions for any reason, including User Contributions that we believe violates these Terms or our policies.  We may retain your User Contributions for a commercially reasonable period of time for backup, archival, or audit purposes.

 

You represent and warrant that 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 and that all of your User Contributions will comply with these Terms.

 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Rent Like A Champion, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.  We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions provided by you or any other user of the Platform.

 

Copyright Infringement

 

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Platform infringe your copyright, you may request removal of those materials (or access thereto) from the Platform by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

 

       Your physical or electronic signature;

       Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works;  

       Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;

       Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address);

       A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;

       A statement that the information in the written notice is accurate;

       A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

 

Our designated Copyright Agent to receive DMCA Notices is:

 

Copyright Agent

Rent Like A Champion, Inc.

321 N Clark St, Ste 2550

Chicago, IL 60654
info@rentlikeachampion.com

 

It is our policy, in appropriate circumstances, to disable and/or terminate the accounts of users who are repeat infringers.

 

Monitoring and Enforcement; Termination

 

We do not monitor or control the User Content posted via the Platform.  However, we have the right to:

 

       Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

       Terminate or suspend your access to all or part of the Website for any reason, including without limitation, any violation of these Terms.

 

Without limiting the foregoing, we have the right to fully cooperate 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 RENT LIKE A CHAMPION AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY RENT LIKE A CHAMPION OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER RENT LIKE A CHAMPION OR LAW ENFORCEMENT AUTHORITIES.

 

MISCELLANEOUS

 

Geographic Restrictions

 

The owner of the Platform is based in the state of Illinois in the United States. We provide this Platform 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 Platform 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 of Warranties

 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Platform 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. 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 PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE PLATFORM, OR ON ANY WEBSITE LINKED TO THE PLATFORM.

 

YOUR USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFROM IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER RENT LIKE A CHAMPION NOR ANY PERSON ASSOCIATED WITH RENT LIKE A CHAMPION MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER RENT LIKE A CHAMPION NOR ANYONE ASSOCIATED WITH RENT LIKE A CHAMPION REPRESENTS OR WARRANTS THAT THE WEBSITE, THE PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

RENT LIKE A CHAMPION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation on Liability

 

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF RENT LIKE A CHAMPION, ITS AFFILIATES OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MANAGERS, OFFICERS OR DIRECTORS (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) UNDER THESE WEBSITE TERMS EXCEED $100. IN NO EVENT WILL RENT LIKE A CHAMPION, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MANAGERS, OFFICERS OR DIRECTORS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, 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.

 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Indemnification

 

You agree to defend, indemnify and hold harmless Rent Like A Champion, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Platform, including, but not limited to services and products other than as expressly authorized in these Terms or your use of any information obtained from the Platform.

 

Governing Law and Jurisdiction

 

All matters relating to the Platform and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).

  

Any legal suit, action or proceeding arising out of, or related to, these Terms or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois, in each case located in the City of Chicago and County of Cook.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Arbitration

 

If any controversy, allegation, or claim arises out of or relates to the Services or these Terms, including, but not limited to, claims for indemnification, contribution, or cross-claims in a pending action involving one or more third parties (collectively, a “Claim”), then either you or Rent Like A Champion may elect to submit the Claim to be finally and exclusively resolved by binding arbitration before a sole arbitrator in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association.  If an in-person arbitration hearing is required, then it will be conducted in Chicago, Illinois; but if the applicable arbitration rules or laws require the arbitration to be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Claim is submitted to arbitration, Rent Like A Champion will have the right to elect to proceed to arbitration in such location.  If the value of the relief sought is $10,000 or less, you or Rent Like A Champion may elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on you and Rent Like A Champion subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant.  Attendance at an in-person hearing may be made by telephone by you and/or Rent Like A Champion, unless the arbitrator requires otherwise.

 

All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing.  You and Rent Like A Champion will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Rent Like A Champion to pay a greater portion or all of such fees and costs in order for this Agreement to Arbitrate to be enforceable, then Rent Like A Champion will have the right to elect to pay the fees and costs and proceed to arbitration.

 

In arbitration, as with a court, the arbitrator must honor the terms of these Terms and can award the prevailing party damages and other relief (including attorneys’ fees).  However, WITH ARBITRATION (i) THERE IS NO JUDGE OR JURY, (ii) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (iii) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A CLAIM AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES OR IT WILL BE FOREVER BARRED.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT NO ARBITRATION MAY BE JOINED WITH ANY OTHER; THERE IS NO RIGHT OR AUTHORITY FOR ANY CLAIM TO BE ARBITRATED ON A REPRESENTATIVE OR CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND THERE IS NO RIGHT OR AUTHORITY FOR ANY CLAIM TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.

 

Limitation on time to File Claims

 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Attorneys’ Fees

 

You agree to pay reasonable attorneys’ fees and court costs incurred by Rent Like A Champion in enforcing Rent Like A Champion’s rights under this agreement.  Should this portion of the agreement be found unenforceable under the law, all remaining provisions will continue to be valid and enforceable without exception.  You recognize and understand that Rent Like A Champion is operating in a limited capacity as an agent for the parties, and furthermore agrees to indemnify and hold harmless Rent Like A Champion and Rent Like A Champion’s agents from any damages not directly a result from Rent Like A Champion or Rent Like A Champion’s agent’s actions.

 

No Assignment

 

Occupant agrees not to assign this agreement, or to sub-let the Property without the prior written permission of Homeowner and Rent Like A Champion.

 

Recognition of Electronic Communication as Primary Method of Communication

 

Homeowner and Occupant understand and acknowledge that most communications from Rent Like A Champion are delivered electronically via email.  A working email address is a requirement for all Homeowners.  Furthermore, Homeowner agrees to ensure that email communications are not delivered to a “spam” or “junk” or similar email folder.  Homeowner agrees to check the email address frequently, particularly in the weeks preceding any reservations for which Homeowner has manually input a price to a specific event, thereby ensuring that Homeowner is properly made aware of any upcoming reservations.

 

Waiver and Severability

 

No waiver of by Rent Like A Champion of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Rent Like A Champion to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

 

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

 

Entire Agreement

 

These Terms and our Privacy Policy constitute the sole and entire agreement between you and Rent Like A Champion with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform, except to the extent such terms are contained in a written contract between you and Rent Like A Champion.

Homeowner and Occupant agree that Rent Like A Champion is an express third party beneficiary of the Occupant Terms and Homeowner Terms contained in these Terms, having rights to enforce the terms hereof.  

Comment and Concerns

 

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to info@rentlikeachampion.com.

 

 

 

EXHIBIT A

 

HOMEOWNERS’ CLAIMS CHART

 

Dispute Type

Evidence

Rebuttal Evidence

Costs

Damage to Property

·       Time-stamped pictures of damage

·       Estimate of value of damaged property (by receipt, appraisal, etc.) or estimate of cost to repair

Time stamped picture/video of condition of property prior to departure

Based on proof of value or estimate

Violations of Laws and Ordinances

·       Copy of report, citation or ticket finding violations

·       Summary of facts

·  Charge contested and dropped; OR

·  Statement that Occupant is not responsible for violation and explanation of events related to violation

Fees or penalties assessed

Breaking the Rules:

Smoking

Pets

Lost key

·       Evidence that the rules were broken

Statement that Occupant was not provided a copy of the rules

$200 Smoking

$200 Pets

$40 Per Lost Key

Theft

·       Pictures of property taken

·       Write-up of property taken (including previous location of item)

·       Value of stolen property (by receipt, appraisal, etc.)

Time stamped picture/video showing property remained prior to departure

Value of property taken

Property Excessively Dirty

·       Time-stamped pictures of condition of the property after Occupant’s departure

·       Summary of facts

Time stamped picture/video of condition of property prior to departure

$250 (Homeowner must provide justification if seeking cost that exceeds that amount)