Terms of Use

RentWizard Terms of Use/Service Policy Information(Effective Date: November 1, 2016)

Welcome to RentWizard!

The staff at RentWizard would like to thank you for using our services (“Services”). The Services are provided by iQ Recreation Inc., located at 3810 Prospect Avenue, Yorba Linda, California 92886, in the United States of America.

Important Notice

PLEASE READ THESE TERMS OF USE/SERVICE CAREFULLY BEFORE USING ANY OF THE SERVICES PROVIDED BY RENTWIZARD (“Company”) as it contains important information regarding your legal rights, obligation and remedies. It contains various limitations and exclusions, a clause that governs the jurisdiction and venue of any disputes, and obligations to comply with applicable laws and regulations. By using RentWizard Services, you agree to all of the terms contained herein. If you do not agree to all of the following, you may not use or access any RentWizard Services in any manner.

The Company may, at its sole discretion, and at any time, update this “Terms of Use” policy and any other legal policies with or without prior notice. Any modification or updates will take effect immediately. Your continued use and access to our Sites and/or Services indicates that you agree to any and all modifications to the aforementioned Agreements or policies and acknowledge that you will be bound to the terms contained within. The Company suggests that all users periodically review the Terms of Use Information provided on the Sites. An indication of an updated document will be clear and visible to the user by reviewing the “Last Updated Date” which will be located conspicuously on the top of the form under the primary header.

As a user of our Services, you understand and agree that RentWizard is not a party to any agreements entered into between RV Owners and RV Renters, nor is RentWizard an RV Agent, RV Broker or RV Insurer. The Company does not endorse or hold itself out to endorse any users, whether Ambassador, RV Owner or RV Renter. RentWizard has no control over the conduct of Ambassadors, RV Owners, RV Renters and other users of the Services, application and services or any RV’s, and disclaims all liability in this regard. As such, Ambassadors, RV Owners and RV Renters are acting on their own behalf and at their own risk when associated with any of the Services provide in connection with RentWizard.

As a user of our Services you agree that you will comply with all written RentWizard rules, agreements and/or policies that are made available by RentWizard in connection with our Services.

Key Terms

“RV” means Recreational Vehicles described as, but not limited to, Class A, Class B, Class C, Travel Trailer, Toy Hauler, 5th Wheel Trailer, Tent Trailer, Truck Campers, Specialty Trailers and other industry known classifications and or descriptions as defined by the Recreational Vehicle Industry Association.

“Company” means our collective enterprise structured under iQ Recreation Inc., a California Corporation, which owns and manages RentWizard.com and RentWizardNow.com which conduct and manages the various Company Services.

“Ambassador” means a Member who has purchased the right to promote the RentWizard brand based on the terms and conditions set forth in this Agreement.

“RV Owner or Property Owner” means a Member who creates an RV Listing for the purposes of making that RV available for Rent using RentWizard Services.

“RV Listing” means a recreational vehicle (RV) that is listed by an RV Owner for the purposes of making that RV available for Rent using RentWizard Services.

“Renter” means a Member who requests a booking of an RV via the RentWizard Services, or a Member who uses an RV and is not the Owner of said RV.

“RV Rental Period” means the entire period of time from the moment that an RV Owner releases their RV for rental use to a Renter until such time as the Renter returns said RV to the RV Owner and the RV Owner accepts that RV back into their possession.

“Member” means a person who completes RentWizard’s account registration process, including, but not limited to Ambassadors, RV Owners and Renters, as described in the “Account Registration” process below.

“Content” means images, graphics, text, software (excluding the Application) music, audio, video, printed materials, electronic estimators, information and any other materials.

“RentWizard Content” means all Content RentWizard makes available through our Sites, Application, or Services, including any Content licensed from a third party, but excluding Member Content.

“Member Content” means all Content a Member submits, publishes, posts, uploads, transmits or posts to be made available through any RentWizard Services.

“User in Good Standing” means a user of our Services who does so in a manner that is approved, ethical and acceptable to the Company and its guidelines, which may be modified from time to time at the sole discretion of the Company.

“RentWizard Collective Content” means all RentWizard and Member content.

“Service Fees” means all related fees RentWizard charges or may charge for providing related services through the use of our platform and related business.

"Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and or other municipal, state, or federal direct or indirect or withholding and personal or corporate income taxes.

Minimum Age

RentWizard Services are intended solely for persons who are eighteen (18) years of age or older. Access or use of any of the Services by anyone under eighteen (18) years of age is expressly prohibited. RV rental services are further limited to individuals who are twenty-one (21) years of age or older. In addition, specific insurance carriers may further limit the minimum age to rent an RV to those individuals who are twenty-five (25) years of age or older. By accessing or utilizing the Services you represent and warrant you are the requisite minimum age.

How RentWizard Services Work

RentWizard provides an online platform for RV Owners who desire to make their RV’s available on a rental basis to individual Renters who wish to rent those vehicles. The Company provides technology Services that makes that process, safe, simple and secure. The Services allow RV Owners to set all critical parameters they desire in making their RV available for rent.

The Company Services allow Renters to easily and securely review all available RV’s that meet their specific rental criteria. When a Renter locates an RV they wish to rent on our platform, the Services allow for the communication between RV Owner and RV Renter to facilitate that rental process utilizing secure, encrypted payment processing services.

RentWizard’s responsibilities are limited to facilitating the availability of the Services and serving as a limited agent for both RV Owners and RV Renters.

In addition to the facilitating the aforementioned, RentWizard provides a Business Opportunity for Ambassadors to seek out RV Owners wishing to list their RV for rent on the RentWizard platform.

Account Registration

In order to access certain features of RentWizard Services, including but not limited to, becoming an Ambassador, creating an RV Listing and to book an RV for rental, you must register to create an account (“RentWizard Account”) and become a Member. You may register to join the Services directly via the Services. We will create your RentWizard Account and your RentWizard Account profile page for your use of the Services based upon the personal information you provide to us. You may not have more than one (1) active RentWizard Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, complete and current. During the period your RentWizard Account remains active, you agree you will not disclose your password to any third party and you will take sole responsibility for any activities or actions under your RentWizard Account, whether or not you have authorized such actions or activities. As an active or inactive participant, you shall immediately notify RentWizard of any unauthorized use of your RentWizard Account. RentWizard reserves the right to suspend or terminate your Account at any time, with or without cause, based on the Company’s sole discretion and may suspend or terminate your access to our Services. Upon such suspension or termination, RentWizard will use its best efforts to make notice to you of such events.

RV Renters

All potential RV Renters may review RV Listings on our platform free of charge. At the time a public RV Renter wishes to request an RV for rent, the Renter must create an Account and become a Member, without fee, by providing specific required information.

In order to rent an RV, a Renter is required to provide certain information through the RentWizard platform. This information consists of, but is not limited to, Complete Name and Address, a valid Driver License, State of Issue, Date of Expiration, Date of Birth, current Automobile Insurance Provider and Credit Card Information. Renters by way of using the platform, understand and accept that they may be subject to a background check to aid in the security of our users.

Renters may request a booking for specific RV Listings via the platform. RV Owners have 48 hours to accept or deny the request. In all cases, the RV Owner, not RentWizard is solely responsible for honoring any confirmed bookings and making available any RV’s reserved through the Services.

Renters who choose to enter into a transaction with an RV Owner for a specific Rental, agree and understand they will be required to enter into an agreement with the RV Owner and they agree to accept any terms, conditions, rules and/or restrictions associated with such RV stipulated by the RV Owner. The Renter acknowledges and agrees they, not RentWizard, will be responsible for performing the obligations of any such agreement and RentWizard is not a party to such agreements and with the exception of its obligations hereunder acting as a limited agent for the RV Owner for the purposes of transferring payments, to pay fees to the applicable RV Owner, RentWizard disclaims any and all liability arising from or related to any such agreements.

The RV Owner and RV Renter will negotiate and must agree to all RV Rental pricing for a specified and agreed to Rental Period. It is understood that the final terms of such an RV Rental between the parties has been established in good faith by both the RV Owner and RV Renter.

Subject to the financial terms of their agreement, the Company will act in a limited capacity on behalf of the RV Owner to process the payment for the RV Rental. All Payments made by the RV Renter will be billed to the RV Renters credit card, which was provided during the Account creation phase. The full payment for the RV Rental Period selected will be drawn from the RV Renters account at the time the reservation is made and will be held in escrow by the Company. When the RV is returned to the RV Owner and the RV is “Returned” the transfer of funds, less any applicable fees, will be transferred to the RV Owner’s account within twenty-four (24) hours.

In as much as the Company does not control RVs or RV Owners, the Company simply provides a technology platform for RV Owners and RV Renters to exchange information facilitating the rental process between the two parties who are solely responsible for themselves. The Company does not control the content contained in any RV Listing, nor the condition, suitability, legality, or performance of any RVs. RentWizard is not responsible for any claims and/or liability related to any RV listed on its platform. Accordingly, any booking will be made at the risk of both the RV Owner and RV Renter.

RV Listings

All RV Owners may review all public access features of our platform free of charge. RV Owners who wish to List their RV for rent on the RentWizard platform may become a Member by subscribing on an annual basis for a specific fee. Currently, the annual subscription fee to List an RV for Rental on RentWizard.com is $199. Should a potential RV Owner use an authorized Ambassadors valid unique “ID” (“Promo Code”) when subscribing, the annual subscription period is extended six (6) additional months free of charge for a total subscription period of eighteen (18) months. Subsequent annual subscriptions are for a period of twelve (12) months.

Once subscribed, an RV Owner through their secure RV Owner Dashboard, can use our technology tools to simply and easily list their RV for rent based on their specific requirements.

RV Owners are required to provide accurate information representing but not limited to the RV’s year of manufacture, size, condition, mileage, value, location, features, pricing, related use rules, security deposits and all related pertinent information. Once reviewed by the Company, the RV Listing will be published on our Sites and be available for viewing by the public.

RentWizard disclaims any responsibility and for accuracy of the information provided by the RV Owners. The Company reserves the right to edit any portion of an RV Owner’s listing including content or images contained and provided in the listing. In addition, the Company reserves the right to suspend or terminate any RV Listing, without notice, if the Company believes, in its sole discretion, that any of the information provided, intentionally or unintentionally, is inaccurate and/or misrepresents the RV in any way or that contains objectionable or offensive content.

RV Owners understand and agree that once a RV Renter requests a booking of an RV Owner’s RV, and has booked that RV for a Rental Period through the RentWizard platform, the price for such booking may not be altered.

RV Owners acknowledge and agree that they are responsible for any and all Listings they may post. Accordingly, they represent and warrant that any Listing posted and the booking of, or Renter use of, a RV in an RV Owner’s Listing will not breach any agreements that have been entered into with any third parties and will be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any RV included in an RV Listing posted, including, but not limited to, insurance requirements, Department of Motor Vehicle regulations, zoning laws, and laws governing rentals and operation of RVs.

All RV Owners will be notified via the platform when their RV Listing receives a booking requested by a Renter. RV Owners will have 48 hours to accept or deny the request. Should the RV Owner not respond to the booking request within 48 hours, the request may automatically be canceled and any and all funds collected by RentWizard will be returned to the Renter. When a booking is requested the applicable RV Owner will be provided limited Renter information in order to make the decision whether to accept the Rental. When an RV Owner confirms a booking request for a Renter, RentWizard will send the RV Owner pertinent contact information such that the RV Owner and Renter can communicate for the purposes of initiating the Rental Period.

RentWizard assumes no responsibility for an RV Owner’s compliance with any applicable laws, rules and regulations. The Company is not responsible for any damages to an RV rented through our site and RV Owners will hold RentWizard harmless for any claims related to damages, injury, insurance claims, towing, service or repairs, tolls, fines and traffic violations.

Ambassadors

A potential Ambassador can navigate all public portions of our RentWizard platform free of charge. This allows potential Ambassadors the ability to learn about the Ambassador Business Opportunity. Individuals who wish to become an Ambassador must create an Account and become a Member by subscribing on an annual basis for a specific fee. They will be asked to provide specific required information that allows the Company to provide them with various marketing materials and provide the Company with the ability to make payments to them through our secure transactional technologies. Currently, the annual subscription fee to become an Ambassador is $199.90 (plus the cost of shipping their Ambassador Kit). Should a potential Ambassador use an authorized Ambassador’s valid unique “ID” (“Promo Code”) when subscribing, the annual subscription period is extended six (6) additional months free of charge for a total subscription period of eighteen (18) months. Subsequent annual subscriptions are for a period of twelve (12) months.

Ambassadors are encouraged to seek out potential RV Owners who may wish to list their RV for rent on our platform. The Company provides necessary marketing materials to each Ambassador when they initially subscribe to our Service. Ambassadors are compensated at a rate of 40% of the Listing Fee for each new RV Listing that is generated using their unique “ID” which was assigned to them during the Account set up process. Additionally, Ambassadors are compensated when those RV’s are rented using our platform at a rate of 5% of the total Rental Fee. Ambassadors in Good Standing are also compensated at a rate of 40% when those RV Listings are re-subscribed through the platform for additional annual subscription periods.

Ambassadors are compensated when potential Ambassadors become active Ambassador Members using their unique “ID” at a rate of 40% of the annual subscription fee. Should one of these new Ambassador Referrals wish to terminate his or her relationship with RentWizard in accordance with our associated Risk-Free offer (stated below) and wish to return their Ambassador Kit and marketing materials, the originating Ambassador’s account will be debited the original commissions paid for the referral of this subscription.

Ambassadors are prohibited from marketing the Services of the Company using any electronic, print advertising, social media, or mass-marketing means. If the Company becomes aware of an Ambassador violating this mandate, the Company reserves the right to suspend or terminate the Ambassador immediately without notice. The Company, in its sole discretion, may suspend or terminate any Ambassador with or without cause if it believes the Ambassador’s behavior is contrary to the goodwill of the Company.

RentWizard will use its best efforts to support Ambassadors, however it is recognized by the Ambassador the success or failure of any Ambassador is the sole responsibility of the Ambassador. RentWizard is not responsible for any claims and or liability related to income potential through the Ambassador Business Opportunity. Accordingly, any participation by an Ambassador will be made at his/her own risk.

No Endorsement

RentWizard does not endorse any user, Renter, RV Owner, Ambassador, Manufacturer, Spokesperson or Industry Related persons. In addition, although these Terms of Use require users to provide accurate information, we do not attempt to confirm any purported identity or other information provided by such user. You are responsible for determining the identity and suitability of others whom you contact via the Services. Except as provided by our Terms of Use, we will not be responsible for any damage, loss or harm resulting from your interactions with other users of our Services.

By using these Services, you agree that any legal remedy or liability you seek to obtain for actions, errors or omissions of other users or third parties will be limited to a claim against the particular party or other third parties who caused you harm and you hereby agree not to attempt to impose liability on, or seek any legal remedy from, RentWizard with respect to such actions.

Forms

It is important to note any and all forms that are provided by RentWizard whether as a contract, form, instructional element, template, document, marketing material, electronic output, or any other form are not to be considered or represented or prepared for any specific party on behalf of the Company. Parties using the Services of RentWizard are solely responsible for ensuring any document that may be provided by RentWizard is in compliance with all municipal, state and federal regulations.

Privacy

You agree that RentWizard’s Privacy Policy (listed separately and which may be updated from time to time) governs RentWizard’s collection, storage and use of your personal information.

Payment Agent for RV Owners

RV Owners who wish to List their RV for rent on the RentWizard site, hereby appoint RentWizard as the RV Owner’s limited agent solely for the purpose of collecting payments made by RV Renters on behalf of RV Owners. RV Owners agree that the payment of RV Rental fees made by Renters to The Company shall be considered the same as a payment made directly to the RV Owner and will make his/her RV available to the Renter in the same manner as if the payment was made directly to the RV Owner. RV Owners accept and fully understand the Company will abide by the cancellation policy and, as such, is required to provide Renters refunds in accordance with that cancellation policy. RentWizard, in its role as a limited agent for the RV Owner, assumes no liability for any acts or omissions of the RV Owner. The Company shall submit Renter payments to the RV Owner, less the applicable service fees.

Service Fees

In consideration for the Services provided, RentWizard collects service fees from RV Owners (“Service Fees”). In addition to the Listing Fees outlined above, RV Owners are charged a Service Fee of 15% of the total Rental Fee amount collected from the Renter for the use of the associated RV when booked though the RentWizard platform. This Service Fee is deducted from the RV Rental Fees before remitting the RV Rental Fees to the RV Owner. RentWizard will strive to make the RV Rental payment, less applicable Service Fees, to an RV Owner within 24 hours of Rental Return notification through the platform. Balances will be remitted in US Dollars by RentWizard to RV Owners as directed by the RV Owner via the Payment Acceptance portion of their Dashboard. Except as otherwise provided herein, Service Fees are non-refundable.

Insurance

It is the sole responsibility of RV Owners to ensure, prior to any Rental Period that may take place involving their RV, and or personal property, RV Renters have obtained and secured the proper insurance coverage for the RV Rental Period. In addition to the proper stated coverages, the RV Owner is also solely responsible to ensure the specific policy obtained is in compliance with all municipal, state and federal law requirements. The Company does not provide insurance nor does the Company ensure Renters have obtained insurance for the Rental Period.

RV Damages

It is the sole responsibility of RV Renters to return rented RV’s in the same condition as when they began their Rental Period, less normal wear and tear. This condition includes, but is not limited to, the drive train, the full exterior of the vehicle, the interior of the vehicle as well as any equipment and property contained on or within the vehicle. Renters will be liable for any and all damages that occur during the Rental Period. In addition, Renter will be liable for any and all damages that cannot be proven to have occurred prior to the Rental Period. If the security deposit on file is insufficient to cover the cost of the damages incurred, the Renter agrees to remit payment for any damage to the RV to the applicable RV Owner or to the Company (if applicable).

RentWizard is in no way responsible for any damage or loss that may occur in connection with the use of our Services. Both the RV Owner and Renter agree to assist the company to resolve any security deposit claims and aid in any dispute resolutions. Both Renter and RV Owner hereby agree, to the extent reasonably possible, to participate in mediation or similar resolution process with respect to losses for which the RV Owner is requesting payment and/or release of security deposits under these terms.

Cancelations and Refunds

RV’s listed on the platform may or may not include a specific Cancelation Policy related to a particular Listing. Should the Listing include a stated Cancelation Policy at the time of the requested Rental, the Renter is obligated to fulfill the Rental based on that policy. Should a Renter wish to cancel the Rental within the time frame stated on the Listing which permits a refund, RentWizard will refund the applicable amount to the Renter. RentWizard’s ability to refund the RV Rental Fees and other amounts charged to a Renter will depend upon the terms of the applicable cancelation policy.

If an RV Owner cancels a confirmed booking made via the services, RentWizard will, within a commercially reasonable period of time, refund the Total Fees for such booking to the Renter. RentWizard may also provide Renter with other Rental Listing alternatives. Although RentWizard will use reasonable efforts in attempting to resolve a cancelation for a Renter, RentWizard is in no way responsible for any losses that may be incurred by a Renter for the disruption incurred by the cancelation of an RV Owner.

Taxes

As an income-generating enterprise, RentWizard, is required to collect IRS Form W-9 from all Ambassadors and RV Owners within the United States. All Ambassadors and RV Owners agree they are responsible for determining their applicable Tax reporting requirements. Although the Company may offer general tax related guidelines, RentWizard specifically does not provide detailed tax advice. Each user of the Services should always seek tax advice for their specific tax situation.

In addition, each RV Owner is responsible for determining local Taxes and for including any applicable Taxes to be collected or obligations relating to applicable taxes in their RV Listing.

Security Deposits

RV Owners may choose to include security deposits as a condition of their RV Listing. Such Listings will provide the security deposit amount required for that particular RV Rental. If a security deposit is included in an RV Listing for a confirmed booking of that RV, RentWizard will collect and hold, in escrow, a security deposit seven (7) days prior to the Rental Period for the RV Owner. Should the Rental Period be inside this seven (7) day period, the Security Deposit will be collected at the time of booking acceptance. The Company will hold all security deposit funds throughout the Rental Period. Should an RV Owner wish to make a claim against such security deposit, the RV Owner has twenty-four (24) hours to make a written claim to RentWizard for such claim. The Company will review the request for payment and release the requested amount to the RV Owner. Should a dispute arise between the RV Owner and RV Renter regarding the security deposit release request, the Company shall use its best efforts acting as an independent third party to resolve the dispute. All parties agree that the Company will have the sole final authority on all security deposit dispute resolutions and has no liability in discharging its authority in this regard.

Ambassador Money-Back Guarantee

Should an Ambassador wish to terminate their relationship with RentWizard, the Company will make all reasonable efforts to process a refund as quickly as possible based on the following stipulations:

Guarantee Period – An Ambassador in Good Standing, may choose to exercise the 100% money-back guarantee at any time within the first 365 days from the date of their original Ambassador Kit purchase.

Products Covered - The RentWizard 100% money-back-guarantee is limited solely to the originally purchased RentWizard Ambassador Kit and associated cost of that purchase less any shipping costs.

Notification of Termination - Should an Ambassador wish to terminate his or her relationship with RentWizard and wish to return their Ambassador Kit, they need to contact the Company at (844) 736-8365 or by e-mail at support@rentwizard.com and request a Return Merchandise Authorization (RMA) number.

Returning by USPS, UPS or FedEx – said Ambassador needs to re-package the RentWizard literature case and all unused marketing materials received in the original Ambassador Kit and return them, postage paid, clearly marked with the Company provided RMA number on the outside of the box to the RentWizard address listed on the RentWizard website.

Refunds – Once the RMA arrives at RentWizard, the Ambassador will be notified via e-mail and the credit to their account will be processed within 14 business days.

Additional Goods – No credit is available on any subsequent purchases made of any RentWizard products.

Life After Termination – It is important to understand, should an Ambassador decide to terminate their account with RentWizard, from the date of termination forward, the former Ambassador will no longer be eligible to receive any commissions associated with any unique “ID” (Promo Code) previously established or will be established after the date of termination.

Commercial Ambassadors - RentWizard Commercial Ambassadors are not eligible for the money-back-guarantee.

Independent Contractors

The Company specifies that Ambassadors and RV Owners agree all parties are independent contractors and nothing contained in this Agreement places the Company and any party in the relationship of principal and agent, master and servant or joint venture partners. No party or user expressly or by implication, may represent itself as having any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.

Member Content

The Company may, in its sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the platform, Application and Services, users hereby grant to RentWizard a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Services or otherwise. RentWizard does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights users may have to use any such Member Content.

Users acknowledge and agree they are solely responsible for all Member Content made available through our Services. Accordingly, users represent and warrant they are either the sole and exclusive owner of all Member Content made available through our Services or they have all rights, licenses, consents and releases necessary to grant to RentWizard the rights in such Member Content, as contemplated under these Terms.

Third Party Links

RentWizard Sites may contain links to third-party websites or resources. You agree and acknowledge the Company is not responsible or liable for the content on such sites, nor the accuracy of information therein or the products, content or services offered on such websites. Links to related third-party sites reflects no endorsement by the Company of those sites and users shall be solely responsible and assume all risk arising from use of such websites or resources. Any user who has a negative experience with any third-party is encouraged to report such information to the Company.

Jurisdiction

The laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any dispute arising out of, or related to, these Terms of Use (Terms of Service). All claims arising out of, or related to, these Terms of Use (Terms of Service) will be exclusively adjudicated in the federal or state courts of Orange County, California, USA, and you and RentWizard consent to personal jurisdiction in those courts.

Dispute Resolution

You and the Company, agree any dispute, claim or controversy arising out of, or relating to, these Terms of Use (Terms of Service) or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services (collectively, “ Disputes”) will be settled by binding arbitration. Each Party, however, retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction as stipulated in the “Jurisdiction” section of this document to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

You acknowledge and agree you and RentWizard are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

Further, unless both you and RentWizard otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect, except as modified by this “Dispute Resolution” section. The Federal Arbitration Act will govern the interpretation and enforcement of this section.

Any party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Termination and RentWizard Account Cancelation

The Company, in our sole discretion and without liability to you, with or without cause, with or without prior notice and at any time may suspend and/or terminate your access to our Services, and deactivate and/or cancel your RentWizard Account. Upon said termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event RentWizard terminates your access to our Services or deactivates or cancels your Account, you will remain liable for all amounts due hereunder. You may cancel your RentWizard Account at any time by contacting us at support@rentwizard.com. If an RV Owner’s Account is terminated, the Company has no obligation to delete or return to you any Content you have posted to the Site including, but not limited to, any Application and Services or any reviews or Feedback. If an Ambassador’s Account is terminated, please note the Company has no obligation to make any further commission payments for any and all Listings, Rentals and/or Referrals that would normally be due you from the date of Termination and thereafter. If a Renter’s Account is terminated, the Company has no obligation to delete or return to you any Content you have posted to the Site including, but not limited to, any Application and Services or any reviews or Feedback.

Indemnification

As a voluntary user of our Services, you agree to release, defend, indemnify, and hold RentWizard and all its affiliates and subsidiaries, including their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or Collective Content including, but not limited to any injuries, losses, or damages whether compensatory, direct, incidental, consequential or otherwise of any kind arising in connection with or as a result of a rental, booking or use of an RV.

Proprietary Rights Notices

All RentWizard service marks, trademarks, logos, trade names, electronic estimators and any other proprietary designations of RentWizard used herein are the registered exclusive property of iQ Recreation Inc. No use of the aforementioned is permissible without the prior expressed written consent of the Company.

Confidential Information

As fully stipulated on our “Privacy Policy” and to the extent that Confidential Information is disclosed, the Company shall protect the secrecy of said Confidential Information with the same degree of care as it uses to protect its own Confidential Information except as required by law or in connection with any moral or legal requirement to aid law enforcement with any ongoing criminal investigation.

Limitation of Liability

As a user of our Services, you hereby acknowledge and agree to the maximum extent permitted by law, the entire risk arising from your access and or use of our Services, content, RV use, and associated endeavors via the Services, as well as any contact you have with other users of these Services, whether in person or online, remains solely with you. Neither RentWizard nor any other party involved in developing, creating or delivering any or all Services will be liable for any damages or loss, including but not limited to, any bodily injury arising from, or connected with, the use of our Services. Except for our obligation to pay amounts pursuant to these Terms, in no event will the Company aggregate liability arising out of, or in connection with, these terms and your use of these Services.

Disclaimer of Warranty

The Company does not make any warranties that the Services provided will be successful or error free, nor does the Company make any warranties as to the results that may be obtained from the use or purchase of Services as to its accuracy, content or reliability of any information, use of, or merchandise contained in or associated with the Services of the Company. The Company will not be liable and expressly disclaims any liability for any and all content of any data transferred either to, or from, users of our Services. Furthermore, no written or oral advice, nor written information given by any related Company personnel will create a warranty of any kind, nor may you rely on any such information or advice.

Enforcement

The failure of RentWizard to immediately enforce any right or provision of these Terms of Use (Terms of Service) will not constitute any waiver of future enforcement of that provision or right.

If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use (Terms of Service) will remain in full force and effect.

User Conduct

All users of the Services understand and agree they are solely responsible for compliance with any and all local, state and federal laws, rules, regulations, and tax obligations that may apply to your use of our Services. All users understand and agree they may not and will not:

Violate any local, state, provincial, national, park, campground or other law or regulation, or any order of a court, including, without limitation, zoning restrictions, admiralty law and Tax regulations; use manual or automated software, devices, scripts, robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Services or Content; copy, store or otherwise access any information contained on the Services or Content for purposes not expressly permitted by these Terms; infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; use our Services in connection with the distribution of unsolicited commercial email (“spam“) or advertisements; “stalk” or harass any other user of our Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a RentWizard Renter or RV Owner; offer, as an RV Owner, any RV you do not yourself own or have permission to rent; offer, as an RV Owner, any RV that may not be rented pursuant to the terms and conditions of an agreement with a third party; as an RV Owner, submit any Listing with false or misleading price information, or submit any Listing with a price you do not intend to honor; advocate, encourage, or assist any third party in doing any of the foregoing.

RentWizard retains the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

Disclaimers

By using our Services you do so at your sole risk. You acknowledge and agree that RentWizard does not have an obligation to conduct background checks on any member, including, but not limited to, Ambassadors, RV Owners and Renters, but may conduct such background checks in its sole discretion. The Services and collective content, are provided “as is”, without warranty of any kind, either expressed or implied. Without limiting the foregoing, RentWizard explicitly disclaims any warranties of merchantability, fitness for a particular purpose, or non-infringement, and any warranties arising out of course of dealing or usage of our platform.

RentWizard makes no warranty that the Services, collective content, including, but not limited to, the Listings or any RVs, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. RentWizard makes no warranty regarding the quality of any RV Listings, the Services or collective content or the accuracy, timeliness, truthfulness, completeness or reliability of any collective content obtained through the Services.

Users of our Services are solely responsible for all communications and interactions with other users of the Services and with other persons with whom you communicate or interact as a result of your use of the Services, including, but not limited to, any Ambassadors, RV Owners or Renters.

Users understand and agree they will take all reasonable precautions in all communications and interactions with other users of the platform, application or Services and with other persons with whom you communicate or interact as a result of your use of the Services, application or Services, including, but not limited to, any Ambassadors, RV Owners and Renters, particularly if users decide to meet offline or in person regardless of whether such meetings are aided by the use of the Services.

Reporting Misconduct

All Services provided by RentWizard are done so with the expectation that all users will respect and adhere to all codes of reasonable conduct that are at all times mutually respectful of any and all users of said Services. Should you or any user interact with another user of the Services who you feel is acting or has acted inappropriately, including but not limited to, engaging in offensive, violent or sexually inappropriate behavior or in a manner that you suspect violates any law, whether large or small, or engages in any other disturbing conduct, you should immediately report such person to the appropriate law enforcement authorities and then to RentWizard by contacting us at support@RentWizard.com.

Feedback

RentWizard welcomes all user feedback and suggestions for improvements to the Services. Users may submit any and all comments and suggestions via e-mail by sending their feedback to support@RentWizard.com. Users acknowledge and agree all feedback will be the sole and exclusive property of RentWizard and are hereby irrevocably assigned to RentWizard.

Assignment and Successors

Users may not assign or transfer any part of this Agreement or any rights or obligations herein, without the prior written permission of the Company. Any attempted assignment in violation of the forgoing provision shall be null and void and no have force or effect whatsoever. The Company may assign its rights and obligations under the Terms of this Agreement, and may engage subcontractors or agents in performing its duties in exercising Services without the consent of any users.

Notices

Any notices or other communications permitted and or required hereunder, including those regarding modifications to these Terms, will be in writing and given to RentWizard via e-mail or by posting to the platform. The date of receipt will be deemed the date on which notice was transmitted when such notice is made via e-mail.

Headings

The headings provided herein are for the convenience of the user only and are not intended to interpret any legal significance whatsoever.

Entire Agreement

These Terms constitute the entire and exclusive understanding and Agreement between RentWizard and any and all users regarding the Services, Collective Content, Ambassador, RV Owner, Renter, RV Listings and Bookings of RVs made or used via our Services. These Terms supersede and replace any and all prior oral or written understandings or Agreements between RentWizard and any and all users regarding the aforementioned.

Contacting Us

If you have questions or concerns regarding these Terms of Use (Terms of Service) please contact us at support@rentwizard.com.