Last Revised on January 23, 2024
This Terms of Use Agreement (“ToU”) is made between Loot Vintage Rentals, LLC (“Loot,” “we,” “us,” or “our”) and you, the individual choosing to use our Online Services,
as defined below (“you” or the “user”).
Our Privacy Policy is subject to this ToU. There are terms in the Privacy Policy that materially affect the way in which your personal information is stored, accessed, and
processed. As such, you should read our Privacy Policy in addition to this ToU.
Acceptance of ToU
We know these ToUs can be tedious to get through. However, by accessing our Online Services, it is understood that you agree to comply and be legally bound by the terms set out in this ToU, which is why you really should stick it out and read the whole thing.
Changes to Terms
From time to time, we may need to make changes to this ToU and may do so at any time. The date at the top of this ToU represents when this ToU was last revised. It is important to check this ToU from time to time to ensure that you are up to date. By continuing to access or use our Online Services after a change has occurred, you agree to be bound by our updated ToU.
Online Services This ToU Covers
Loot is a furniture and décor rental service that creates the Loot Lookbooks (the “Lookbooks”), publishes a articles in the Loot Journal (the “Journal”) and publishes images
from previous rental engagements in the Loot Portfolio (the “Portfolio”), which feature affiliate links to third-party vendor websites, and operates an online catalogue (the “Catalogue”) where you can browse a wide variety of Loot owned furniture and décor, and make a request to see if such pieces are available for your next event. This Policy applies to our online services, including our website www.lootrentals.com, the Catalogue, our Lookbooks, the Journal, the Portfolio, our social media pages, and any future online services we develop (collectively the “Online Services”).
Online Services This ToU Doesn’t Cover
We love supporting our partners and collaborators, and to show our appreciation, we may link to their websites and services. When you click on one of these links, you are leaving Loot and this Policy no longer applies. We recommend adding the other company’s privacy policy to your bedtime reading list to ensure that you understand how they are using your information. The way our partners or other third parties do business is out of our hands, and we assume no responsibility for the content, privacy policies, or practices of any third-party website or service. Please note that when you are using any other third-party platform to interact with our Online Services such as Google, Instagram, Vimeo, or Facebook, you agree to their services policies, and this Policy is in addition, not in place, of such agreements.
Conditions Before You Access Our Online Services
Our Online Services are not targeted or intended to be used by children under the age of 13, and you are not permitted to make purchases from our Online Services unless you are over the age of 18. All children between the ages of 13 and 17 must have permission from their parent or guardian before accessing our Online Services. If you live outside of the United States, your country may apply stricter age limits. In some cases, even if you are older than 13, you may not be legally allowed to access our Online Services regardless of having parental permission. You must be authorized to use our Online Services and enter into this ToU if you are acting on behalf of a company.
User Accounts
We don’t personally require you to have a user account to browse our Online Services. However, in order to communicate via social media or interact with any of our other Online Services hosted by another third party, you may be required to provide personal information and, in some cases, create an account (we have no control over these accounts). Any personal information that we receive will be treated per our Privacy Policy.
Suspension and Termination of Your Access to Online Services
Loot will make best efforts to notify you if we have a reason to believe that you have violated this ToU and may issue you a written warning outlining the behavior that we believe is in violation. However, we reserve the right to suspend or terminate your access to our Online Services at any time for any reason.
Catalogue Pricing & Availability
Our Catalogue is available for you to brainstorm and browse our inventory. To reserve items, you may compile a wishlist, and then submit a rental inquiry by providing some preliminary information like your event date and time, event location, and contact information using the wishlist submission form on our website. A Loot representative will be in touch to provide a formalized quote for the available items you would like to rent and send a rental agreement for execution. No purchases are made through the Online Services. Because reservations are not made directly through the Online Services, we cannot and do not guarantee pricing or availability of items that we feature in our Catalogue. We reserve the right to remove items from the Catalogue at our discretion and without notice and we cannot guarantee that a certain item will be available in the Catalogue for any amount of time. As such, advertised prices are not guaranteed until a rental reservation has been made and you have received a confirmation email of such rental reservation. Prices advertised may be subject to taxes, which may be calculated after a rental reservation is made. All reservations and rentals are subject to our rental policies, which will be communicated to you upon reservation. Payments for rentals are processed through PCI-compliant third parties, so we don’t see or store your credit card information for purchases unless there is a technical error resulting in us needing to manually enter your payment details with your express permission. Payment must be made in accordance with the terms provided with your rental quote. More information on fees and payment can be found in our rental policy and in the information provided with your quote.
Catalogue Product Descriptions
We strive to adequately describe the items in our Catalogue so that you can pick the ones that are right for your event. However, we do not make warranties concerning our product descriptions in the Catalogue and all information such as colors, materials, and dimensions of items will be confirmed in the rental quote provided. Please explore the Online Services to confirm that the items you select work best for your event. If you would like assistance in the concept design for your event or in day-of styling for your event, please contact us or let us know in your reservation request and we’d be happy to help!
Affiliate and Commission Disclaimer
While we only feature third-party items and services in our Online Services that we love, we may receive a commission or other benefit when you make a purchase from a third-party affiliate vendor that we feature.
General Intellectual Property & Grant of License to Use Online Services
Our Online Services contain content, such as the “Loot” name and logo, our website design, our website code, videos, articles, and photos that are protected by copyright, trademark, patent, trade secret, and other laws. We own and retain all rights in such content. We may also use some open source and licensed third-party content in our Online Services, such as fonts, photos, videos, and graphics. We do not make any claim of ownership to this content,and no user is permitted to use third-party content in a way that violates third-party licensing agreements. Loot does not grant or transfer to you any other rights, title or interest, other than the following limited license: Loot grants to you a limited, non-exclusive, non-transferable, non-commercial, revocable license to access and use Loot’s Online Services. Loot reserves the right to terminate this license at any time if your use of our Online Services is not in strict compliance with this TOU.
Publicity
You grant to Loot a perpetual, worldwide, payment-free, irrevocable license to use, repost, republish, and share any public reviews, posts, or comments posted on any third-party platform (including Instagram, Facebook, and Google Reviews) that you make about Loot for our publicity and marketing purposes.
Copyright Policy
Loot respects the intellectual property rights of others. It is our policy to respond to and investigate any claim that content used in connection with our services infringes on the copyright or other intellectual property rights of any person or entity. If you are a copyright owner or an authorized agent of a copyright owner, and you believe that content on our services infringes on another copyrighted work, please submit your claim via email to [email protected], with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged infringement. In accordance with 17 U.S.C. 512(c)(3) of the Digital Millennium Copyright Act (DMCA), your claim must include:
- an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on our services where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized agent permitted to act on the copyright owner’s behalf.
Please be aware that you may be held accountable for damages (including costs and attorneys fees) for misrepresentation or bad-faith claims relating to content that you report as being allegedly infringing in nature.
Testimonials & Reviews Disclaimer
Our Online Services may contain testimonials and reviews of our Online Services by other users of our Online Services. While based on the real-life experiences and opinions of such users, such opinions do not reflect the experiences of all of our users, and user experiences with our Online Services may vary. The views and opinions in such reviews and testimonials solely belong to the user and do not reflect our views and opinions.
Representations and Warranties
Loot’s Representations and Warranties
LOOT’S ONLINE SERVICES ARE PROVIDED “AS IS” AND “WITH ALL
FAULTS.” LOOT MAY USE REASONABLE EFFORTS TO CORRECT ERRORS
AND OMISSIONS IN OUR ONLINE SERVICES. HOWEVER, LOOT
EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR
NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT THAT
THE LAW OF THE JURISDICTION PERMITS. LOOT DOES NOT WARRANT
THAT USE OF LOOT’S ONLINE SERVICES WILL BE UNINTERRUPTED,
ERROR-FREE, SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT
DATA WILL NOT BE LOST. LOOT IS NOT RESPONSIBLE FOR ENSURING
THAT YOU COMPLY WITH ALL OF OUR TERMS AND CONDITIONS AND
WILL NOT BE LIABLE FOR ANY ACTIONS THAT RESULT FROM YOUR
NON-COMPLIANCE. LOOT DOES NOT GUARANTEE ANY LEVEL OF
SUCCESS, ANY VOLUME OF USER INTERACTION OR THAT ANY AMOUNT
OF WEB TRAFFIC WILL BE ACHIEVED BY YOUR USE OF OUR ONLINE
SERVICES.
User Representations and Warranties
By using Loot’s services, you represent and warrant that:
You are free to enter into and comply with this ToU and are not under any disability, restriction or prohibition, contractual or otherwise, that prevents you from entering into this ToU;
o You will provide accurate and truthful information regarding your personal identification and will not use any other person’s information;
o You have read and agree to this ToU and our Privacy Policy and will not use Loot’s services for any fraudulent or inappropriate purpose or in a
way that violates these terms and conditions;
- You will not try to reverse engineer our site or software to circumvent our Online Services or otherwise access content in a way that is
inconsistent with this ToU; - You will not circumvent or hack any technology used by Loot to protect our Online Services and our users;
- You will not transmit any worms or viruses or any code of a destructive nature; and
- You will not copy or fraudulently reproduce Loot’s content or violate our intellectual property rights.
Limitation of Liability
IN NO EVENT WILL LOOT BE LIABLE FOR YOUR FAILURE TO PROVIDE
ACCURATE OR COMPLETE INFORMATION, YOUR FAILURE TO KEEP PERSONAL
INFORMATION CONFIDENTIAL, YOUR FAILURE TO COMPLY WITH THIS TOU,
OR YOUR FAILURE TO COMPLY WITH ANY OTHER LAWS. LOOT WILL ALSO
NOT BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, CHANGES TO THE
ONLINE SERVICES OR PLATFORM, TEMPORARY OR PERMANENT SUSPENSION
OF ONLINE SERVICES, DAMAGE TO COMPUTER OR HARDWARE, SECURITY
BREACHES, INTERRUPTION OF BUSINESS, LOST PROFITS, BREACH OF A THIRD-
PARTY CONTRACT, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER RESULTING FROM AN
ACTION UNDER CONTRACT, TORT, STRICT PRODUCT LIABILITY OR
OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF LOOT UNDER
THIS TOU EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO LOOT FOR OUR
ONLINE SERVICES. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY ABOVE, LOOT’S LIABILITY
WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE
APPLICABLE JURISDICTION. YOU ACKNOWLEDGE AND AGREE THAT SUCH
LIMITATIONS AND EXCLUSIONS REFLECT A FAIR AND REASONABLE
ALLOCATION OF RISK AND HAVE BEEN REACHED DUE TO FUNDAMENTAL
BARGAINING BETWEEN YOU AND LOOT.
Indemnification
You agree to indemnify and hold Loot harmless from any and all claims, losses, liability, damages, expenses, and costs (including attorney fees, mediation, arbitration, and court costs) resulting from or arising from any breach by you of this ToU and any activity related to your
engagement with our Online Services.
Release
You hereby release and forever discharge Loot (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to Loot, our Online Services (including any interactions with, or act or omission of, other users, or any third-party links and ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND
TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED
PARTY.”
Privacy, Cookies, and Data Protection
We care about your personal information, and all personal information that you provide to us is collected by us and used in accordance with our Privacy Policy. Our use of cookies and data protection systems are also explained in this policy.
International Users
Loot’s services are controlled, operated, and administered from our offices within the United States of America and are not intended to be subject to the laws or jurisdiction of any country outside of the United States of America. WE DO NOT REPRESENT OR WARRANT THAT OUR ONLINE SERVICES ARE APPROPRIATE, LEGAL OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES OF AMERICA. Those who choose to access Loot’s Online Services outside of the United States of America do so on their own initiative and assume all risks associated with such access, including but not limited to any compliance with their particular jurisdictions’ laws and regulations and any United States export controls. We reserve the right to limit our services, in whole or in part, to any geographic location or jurisdiction we choose.
Dispute Resolution
THIS SECTION OF OUR TERMS AND CONDITIONS SIGNIFICANTLY AFFECTS
YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
AND YOUR RIGHT TO BE PART OF A CLASS ACTION. PLEASE ENSURE THAT
YOU READ THIS SECTION CAREFULLY AND FULLY UNDERSTAND THIS
SECTION BEFORE USING AND ACCESSING OUR ONLINE SERVICES. THIS
SECTION WILL SURVIVE TERMINATION OF THIS TOU AND THE TERMINATION
OR EXPIRATION OF ANY ONLINE SERVICES PROVIDED BY LOOT.
Letting Us Know About Complaints
At Loot, we hope that we can work out any complaints or differences that we may have with you respectfully and calmly. If you have any concerns about the services that Loot has provided, please reach out to Loot to let us know. If we cannot work out our differences together, then the following mandatory binding arbitration will apply
to resolve the dispute.
Mandatory Binding Arbitration
If any controversy or claim arising out of, or relating to, this ToU, Loot’s Online Services, our Privacy Policy or any other legal agreement entered into relating to Loot,
cannot be amicably resolved, such controversy or claim will be determined by binding arbitration rather than in a court of law. Except that mandatory binding arbitration will not apply with respect to any claims relating to infringement or misuse of intellectual property or any legal dispute that falls into the jurisdiction of a small claim court and would be more efficiently and cost-effectively resolved in a small claims court.
The binding arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American
Arbitration Association (the “AAA”) and administered by the AAA. Arbitration in Travis County, Texas must be commenced by filing a demand for arbitration with the
AAA within one (1) year after the claim occurs or within one (1) year of the party asserting the claim becoming reasonably aware of the act or omission giving rise to
the claim. If applicable law prohibits a one-year statute of limitations for asserting claims, claims must be asserted within the shortest period of time permitted by the
applicable law. Except for attorney fees, all other costs associated with the arbitration will be shared equally between the parties, except where the AAA Rules provide
otherwise.
Prevailing Party
If an arbitrator determines a claim against Loot to be frivolous or an opinion is found in our favor by the arbitrators, you agree to reimburse Loot for all reasonable fees associated with the arbitration and/or court case, including attorneys’ fees and arbitration/court costs.
Class Action Waiver
You agree to waive any right to participate in a class or representative action or proceeding and warrant that any claims brought against Loot will be initiated only in your individual capacity. Any relief awarded by an arbitrator or otherwise will not affect other users of Loot’s services.
Assignment
You are not entitled to assign this ToU, in whole or in part, to another person, without the prior written consent of Loot. Loot reserves the right to assign this ToU, in whole or in part, to any third party at any time without notice, including but not limited to any individual or entity acquiring all or substantially all of the Loot business or assets.
Survival of Terms Beyond Termination
All provisions in this ToU that specifically state or logically ought to survive the termination of this ToU will survive such termination, including but not limited to, payment obligations, intellectual property rights, warranties, indemnities, and limitation on liability clauses.
Waiver and Severability
No waiver by Loot of any term or condition in this ToU will be deemed or construed to be a waiver of such term or condition in the future, or of any preceding or subsequent breach of the same, or any other term or condition of this ToU or any other agreement. If any term or condition in this ToU is declared to be invalid, illegal or unenforceable, for any reason, the remainder of the provisions will remain in effect and will be enforceable to the fullest extent possible.
Applicable Law and Jurisdiction
Except where otherwise required by mandatory law, this ToU as well as our Privacy Policy, are to be governed by and interpreted, constructed, and enforced in accordance with the laws of Texas without regard to conflict of law provisions. All disputes are to be resolved in the jurisdiction of Travis County, Texas.
Entire Agreement
This ToU and our Privacy Policy represents the entire and exclusive agreement between Loot and our users. All previous written and oral agreements and communications related to the subject matter of this ToU or our Privacy Policy are superseded. If any service agreement or rental agreement is provided or has been provided in addition to this ToU and Privacy Policy, such agreements are intended to be in addition and not in lieu of this ToU. To the extent that there are any provisions in such service agreements that conflict with the terms of this ToU, the terms of the service or rental agreement will prevail.
Contact Us
Thanks for your patience in getting through all of the necessary legal language of this document! We have tried to be as clear as possible in communicating our expectations when it comes to using our services. However, if you have any questions about this ToU, our Privacy Policy or Loot’s services in general, just reach out! We would be more than happy to explain.
Loot Vintage Rentals, LLC
[email protected]
3312 Duke Road Austin, Texas 78724