Terms of Service
LAST UPDATED : July 5, 2024
ABOUT THESE TERMS
Accepting these Terms
Welcome to Rent the Runway! This Terms of Service agreement (âTermsâ) is between you (âyouâ or âyourâ) and Rent the Runway, Inc. (âwe,â âour,â âus,â âRTRâ or âRent the Runwayâ), and governs your access to and use of our website located at renttherunway.com (and any successor site thereto) (the âSiteâ), our mobile application (the âAppâ) and related services, including Rent the Runwayâs product rental and sale services (together with the Site, the App, and the Content (as defined below), the âServicesâ). These Terms also apply to in-person rentals and sales, which are part of the Services.
Please review these Terms carefully; by accessing or using any of the Services, including by creating an Account (as defined below), you acknowledge that you have read, understood, and agreed to be bound by these Terms.
These Terms are a legally binding contract between you and Rent the Runway. By accepting these Terms, you represent that you are an individual of legal age to form a binding contract or, if you are not, that you have obtained parental or guardian consent to enter into these Terms. Under no circumstances may you access or use the Services if you are under thirteen (13) years old. Your access to and use of the Services in any way also means that you agree to all of these Terms, and these Terms will remain in effect while you access or use the Services. These Terms incorporate by reference any additional terms and conditions posted by Rent the Runway through the Site and/or the App, or otherwise made available to you by Rent the Runway (the âAdditional Termsâ), and you understand and agree that by accessing or using any of our Services, you agree to also comply with all Additional Terms.
AS DISCUSSED FURTHER BELOW, EXCEPT FOR LIMITED CIRCUMSTANCES DESCRIBED IN SUBCLAUSE (c) OF THE ARBITRATION AGREEMENT BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, OR TO A TRIAL BY JURY.
The Services are controlled or operated (or both) from the United States, and are not intended to subject Rent the Runway to any non-U.S. jurisdiction or law. You may not use the Services to rent or purchase clothing and accessories (along with any other products that may become available on the Site or App from time to time) (âProductsâ) outside of the United States. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Serviceâs availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
Changes
We may, at any time and without liability, suspend, modify, or discontinue all or part of the Services (including access to the Site via any third-party links). We encourage you to check our Site periodically for the most current Service offerings. Similarly, we may update the Content, including descriptions and specifications about Products or Services, and we reserve the right to remove any Content (as described below) at any time, for any reason (including, but not limited to, if someone alleges you contributed Content in violation of these Terms), in our sole discretion, and without notice. Rent the Runway will have no liability for any change in the Services, or any suspension or termination of your access to Services.
We also reserve the right to change these Terms at any time by notifying you of such changes by any reasonable means, including by posting the revised Terms on the Site. The âLast Updatedâ legend above indicates when these Terms were last changed. At our discretion, we may also notify you of certain changes by sending you an email to the email address associated with your Account. We also reserve the right to correct any typographical errors, inaccuracies, or omissions without the need for notification. You are responsible for providing us with your current email address when you create an Account, and, if your email address changes, for updating your Account information to reflect your new email address. Your continued use of the Services, including by renting or purchasing Products from us, following any changes to these Terms will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms. Any changes to the Terms will not apply to any dispute between you and us that arises prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes. If you donât agree with the new Terms, you may no longer access or use the Services.
Privacy
Your submission of information through the Services is governed by Rent the Runwayâs Privacy Policy. To review the current Rent the Runway Privacy Policy, please click here.
Frequently Asked Questions
Please also refer to our online FAQ section for general information regarding our Services.
ABOUT OUR SERVICES
How to Access Rent the Runway Services
As noted above, you must be 13 years or older to access or use the Services. To use certain Services, you may be asked to sign up for an account (your âAccountâ), select a password and username (your âRent the Runway User IDâ), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and up-to-date information, and to maintain and update such information. You may not select as your Rent the Runway User ID a name that you donât have the right to use, or another personâs name with the intent to impersonate that person. We may reject, or require that you change, any Rent the Runway User ID, password or other information that you provide to us in registering for an Account. You may not transfer your Account to anyone else without our prior written permission. You may only register one Account per Paid Service (as defined below).
Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services operated by third parties (each, a âThird Party Accountâ), such as those offered by Google and Meta. By using the Services through a Third Party Account, you authorize us to access information from such Third Party Account for use in connection with the Services.
You may only use the Services and Products made available to you for your own personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services or Products is prohibited by these Terms or any Additional Terms or applicable laws, then you are not authorized to use the Services or Products. You are solely responsible for any use by you of any Services or Products in violation of these Terms, any Additional Terms, or applicable law.
You may not share your Account (including your Rent the Runway User ID or password) with anyone, and you must protect the security of your Account (including your Rent the Runway User ID and password) and any other access tools or credentials. Youâre solely responsible for any activity associated with your Account, including all charges incurred from use of the Services with your Account.
We may, for any reason, limit or restrict your access to or use of the Services, including, but not limited to, refusing to fulfill any order that you place with us or restricting orders placed under a single customer Account, payment card, or billing or shipping address. We reserve the right to limit, cancel, or prohibit any use of the Services for any reason in our sole discretion, including but not limited to availability and geographic concerns, or if we determine or suspect that you are using the Services for fraudulent or commercial purposes or for any other purposes in violation of these Terms or any Additional Terms.
Cost of the Services
We may charge you to access and use certain parts of the Services (the âPaid Servicesâ). We reserve the right to modify or waive fees required to use certain parts of the Services at our discretion and without notice. You are solely responsible for: (i) the fee for any Paid Services that you order and that are not canceled in accordance with our cancellation policy, (ii) the price of any Products that are not returned in accordance with our policies, and (iii) any late fees accrued by you due to late or lost items.
For more information about our Services, including pricing and fees and cancellation policies, please see our FAQ Section. Please note that any pricing, fees, and payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.
Reserve
If you rent a Product as a one-time rental of four or eight days (the âReserve Serviceâ), the rental fee will be the cost listed to rent the Product. Customers will also pay all applicable rental coverage, taxes and shipping charges (in total, the âRental Feeâ) listed on the Reserve Service for your rental of the applicable Product. Rent the Runway reserves the right to alter the availability of any particular item at its discretion and without notice. Not all Products will be available as part of the Reserve Service, and RTR does not guarantee that all Products will be available in the sizes or on the dates that Customer may want them.
Membership Services
Our membership services are offered as a subscription that may consist of an initial period, for which there will be an initial charge, followed by recurring period charges as agreed to by you (âMembership Servicesâ). If you purchase a Membership Service to rent Products by a monthly subscription, the subscription fee will be the then-current applicable subscription rate. Customers will also pay all applicable taxes (âSubscription Feeâ) listed on the Membership Service on the date that you sign up for such Membership Service; provided that, if your Membership Service is based on a promotional rate, you will be charged a fee equal to the promotional rate for the duration of the promotion, and, after the expiration of the applicable promotion, you will be charged the applicable rate on a recurring monthly basis. For information on the applicable fees, please see the âPlansâ section of our Site. Rent the Runway reserves the right to alter the availability of certain Membership Services, or availability of any particular item, at its discretion and without notice. Not all Products will be available as part of the Membership Services, and RTR does not guarantee that all Products will be available in the sizes or on the dates that Customer may want them.
Sales
If you purchase a Product through the Services, the purchase price for such Product (âPurchase Priceâ) will be equal to the purchase fee listed to purchase the Product. Customers will also pay all applicable taxes and shipping charges listed for the applicable Product at the time of purchase. Rent the Runway, at its discretion and without notice, reserves the right to alter the price of a Product, the amount or availability of any discount, or the availability of any particular item.
If you do not return one or more Products that you have rented through our Reserve Service or Membership Service by the Product Return Date (see the âReturns and Lost Itemsâ section below), you hereby authorize us (or our third-party payment processor) to charge your Payment Method non-refundable late fees for the days that we do not receive every Product that comprises such order, up to the full Original Retail or Comparable Value of the Products (the âMaximum Late Feeâ unless otherwise specified in the corresponding FAQ Section(s)) not returned to us plus applicable sales tax. Please see our FAQ Section for the applicable Product Return Dates and the current late fees charged for each day that a Product is not returned. Late fees will not apply to any Products rented using the Membership Services, unless you Cancel or Pause your Membership Services.
If you are charged by Rent the Runway, and pay the Maximum Late Fee for a Product pursuant to this âLate Feesâ section and as described in the corresponding FAQ Section(s), you are permitted to retain the Product. For the avoidance of doubt, this âLate Feesâ section shall not apply to the fees paid or payable by you for the non-return of Return Packaging (as defined below), each of which will be charged separately from, and in addition to, any late fees. Payment of any late fees does not excuse your breach of these Terms.
Rent the Runway Packaging
With the delivery of a rental Product, Rent the Runway will provide you with pre-paid, pre-addressed packaging that you can use to return the Product (âReturn Packagingâ), as well as instructions for returning the Product to Rent the Runway. You may not keep, sell, or transfer (other than to us) any Rent the Runway-branded garment bags, accessory bags, and accessory boxes (âRent the Runway Packagingâ) that we provide to you with rental Products. If the Rent the Runway Packaging is not returned prior to the earlier of (i) sixty (60) days after the return of the associated rental Product or (ii) the termination, cancellation, or expiration of your Account or Paid Services, you hereby authorize us (or our third-party payment processor) to charge your Payment Method a non-refundable non-return fee for each garment bag, accessory bag, and/or accessory box that is not returned to us. After we charge your Payment Method for the Rent the Runway Packaging that you did not return, you are permitted to retain such Rent the Runway Packaging; however, we do not make, and expressly disclaim, any warranties of any kind with respect to such Rent the Runway Packaging, and the Rent the Runway Packaging is provided to you on an âAS ISâ basis. Please see our FAQ Section for the current amount we charge for non-return fees (including for garment bags, accessory bags, and accessory boxes).
Other Terms Related to Products and Services
Use of the Products
You agree to treat the Products with reasonable care. The rental coverage provided by us covers normal wear and tear, but you are responsible for any loss, destruction, or damage to the Products for any reason, including due to theft, loss, disappearance, fire, major stains, or any other cause. âNormal wear and tearâ means minor stains, rips, missing beads, stuck zippers, or other minor damage. If you return a Product that is damaged beyond normal wear and tear, then you hereby authorize us (or our third-party payment processor) to charge your Payment Method for the price for replacing the Product, as determined in our discretion, up to the Original Retail or Comparable Value price for the Product.
Product and Service Descriptions
We may, in our sole discretion, provide listings, descriptions, or images of Products that are available on the Services, as well as references and links to Products, but we do not warrant that the Product listings, descriptions, or images are accurate, complete, reliable, current, or error-free, or that any Products will be available, even if noted as so on our Services. Such information and the availability of any Product are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer (including a smart phone or similar device) will accurately display such colors. The prices displayed for Products and Services are quoted in U.S. dollars, unless otherwise indicated. Prices and availability for Products on our Reserve Service are not confirmed until the applicable Products are shipped; if the actual price of such a Product is higher than our stated price, or if the Product is no longer available, we will contact you for instructions before shipping or cancel your order and notify you of such cancellation. The availability through the Services of any listing, description, or image of a Product does not imply our endorsement of such Product or affiliation with the provider of such Product.
Adding or Removing Monthly Spots
You can add additional items to your Membership Services before or during your Membership cycle (âSpotsâ). By adding an additional Spot, you agree that you will be charged for an additional spot on your next bill date unless you revise your membership under Membership Settings before your next bill date. If you remove spots from your membership, you agree to return any additional items you have at home by your next bill date. For example, if you switch from a 6 spot to a 5 spot plan, you agree to return 1 item (and whatever else you choose to swap out). If we do not receive the additional items, you will be billed back into your previous plan, and you will be billed this amount monthly until you return your extra items.
Price Comparisons
For most Products, Rent the Runway will list a higher reference price in conjunction with the lower price at which customers can rent or purchase the Product. We use these pricing terms online and in our app:
âOriginal Retailâ for brand-name items: The âOriginal Retailâ price shown next to any brand-name item is the price at which the manufacturer suggested that retailers in the marketplace, including at department stores and specialty retailers, sell the item in new condition. Brand-name items have been worn by other RTR customers. Unlike traditional retailers, items tend to stay on our site for multiple seasons. We therefore cannot guarantee that this price reflects the itemâs prevailing market price at any given time in any given geographic region. If this price is an important factor in your purchasing or renting decisions, we encourage you to conduct your own research and comparison shopping.
âComparable Valueâ for exclusive items: Items listed with âComparable Valueâ pricing are part of exclusive clothing lines created just for RTR, but may also be sold by other retailers. These items have been worn by other RTR customers. The Comparable Value price is based on an evaluation of prices for new comparable merchandise sold elsewhere in the marketplace. While pricing is not a science, our Comparable Value comparison prices are based on input from our manufacturer and, in some cases, the product designers, and are reviewed by our experienced team of buyers. Unlike traditional retailers, items tend to stay on our site for multiple seasons. We therefore cannot guarantee that this price reflects the prevailing market price at any given time in any given geographic region for similar items. If this price is an important factor in your purchasing or renting decisions, we encourage you to conduct your own research and comparison shopping.
RTR Purchase Price: The purchase price we offer (aka the âto buyâ price) is dynamic and often takes into account a broad range of factors, including item-specific rental history, customer trends, and the impact of removing an item from rental circulation.
This information may also be located in our FAQs.
Delivery
You must provide us with accurate shipping information, so that we can timely deliver Products to you. You are responsible for providing us with accurate shipping information for deliveries and for keeping the shipping information for your Account up-to-date. If you provide us with a shipping address that is invalid or where you cannot securely accept Products upon delivery, or if you do not keep your shipping information up-to-date, you are solely responsible for any resulting loss, theft, or damage to the Products. Following delivery to the designated address, as between you and us, you will be solely responsible for the condition of each Product until you return such Product. We reserve the right to reject, cancel, or prohibit any rentals or sales of Products for any reason. Please see our FAQ Section for more information regarding deliveries.
Returns and Lost Items
Returning Purchased Products: Certain purchased Products may be eligible for return, subject to a restocking fee, as will be indicated on our Site and App prior to purchase. To return eligible Products, please follow our Return Policy, which is incorporated by reference herein. Such Products must be returned within the time period specified in our Return Policy in the same condition in which they arrived to be eligible for a refund. Purchases of Products are intended for personal use by our customers. If we notice an unusual pattern of returns activity, we may terminate or suspend your Account, charge your Payment Method the Original Retail or Comparable Value price of the Product, and/or take other legal action. Products marked as Final Sale are not eligible for return.
Returning Rented Products : You agree to return each Product that you have rented through our Reserve Service or Membership Service to Rent the Runway by the return date for such Product identified in your online account, immediately when you swap your items or âmarkâ an item as swapping/returning, and/or by the date on the applicable invoice for your order or as otherwise set forth in these Terms (the âProduct Return Dateâ). We may, but are not required to, permit you to extend your rental period for a Product (including by contacting us), subject to prepayment of any additional fees applicable to that Product for the period of time of the extension. Products ordered using the Membership Services do not have to be returned until after you mark your Products to swap or you Cancel or Pause your Membership Services (see our FAQs for âAbout Our Plansâ, âHow do I cancel my membership?â and âHow to Pause a Membership Serviceâ sections for more information). Failure to timely return a Product is a violation of our Terms, and we may terminate your Account, charge your Payment Method for Late Fees up to the Maximum Late Fee, and/or take other legal action.
Lost Items: We are not responsible for any personal or other items left in Products or in the Return Packaging that is returned to Rent the Runway. If you believe you have accidentally or otherwise sent any such items to us, please contact customer service as soon as possible at help@renttherunway.com. We may, but are not required to, assist you in attempting to locate such items at your request, and we assume no responsibility or liability if we attempt to locate such items.
Drop-Off Locations: If you are returning a Product that you have rented through our Reserve Service or Membership Service using a return scanner at a RTR Drop-Off Location, once a Product has been scanned into a kiosk return scanner, you have marked the Product as âreturning,â and you must immediately deposit the Product in the return bin provided. Failure to immediately deposit a rental Product in the return bin at the self-service kiosk at the time that it is scanned into the kiosk is a violation of our Terms, and we may terminate your Account, charge your Payment Method for Late Fees up to the Maximum Late Fee, and/or take other legal action.
Returning by Mail: If you use the Return Packaging that we provide, you must use the shipping carrier specified on the pre-paid shipping label included with the Return Packaging. Rent the Runway will not be responsible for loss, theft, or damage to Products that are shipped back to us using any carrier other than the carrier that is specified on our Return Packaging and/or the return label provided for the return of a purchased product (âReturn Labelâ), or for any fees or expenses that you incur due to delays in Rent the Runway receiving the Product. Rent the Runway does not ship Products outside of the United States, and you may not return Products to us from outside of the United States without our prior written permission.
In the event that you lose or damage the Return Packaging that we provide, you will be responsible for returning the Product to us in your own packaging, at your own expense. Furthermore, you acknowledge that using any packaging or shipping carriers other than our Return Packaging and the carrier specified thereon may result in delivery delays and additional delivery fees for which Rent the Runway will not be liable. You will be solely liable for all such delays, Late Fees, additional delivery fees, and any damage to Products.
Returning Using Home Pickup : Home pickup is currently a complimentary service for certain Membership Service customers in eligible zip codes. If your zip code is an eligible market, you will see the option to request a pickup after placing your membership order. After tapping âSwapâ on the items you want to return and confirming a new shipment, youâll be prompted to schedule a complimentary home pickup right from the RTR app or site. Based on whether you select direct handoff or contactless pickup while scheduling, you can either hand your returns to the courier or leave them in an accessible spot (i.e., package room, doorman, doorstep). Be sure to note contactless pickup instructions in the details section of the scheduling form. Please see our FAQs for more information on Home Pick Up.
Rent the Runway Partners
We may, from time to time, permit you to have rental Products shipped to our third-party partners. If you choose to have rental Products shipped to such third-party partners, notwithstanding anything to the contrary in these Terms, you must return such rental Products, using the Return Packaging, to our third-party partners, unless we expressly permit you to otherwise return the rental Products in accordance with these Terms.
Couriers
Rent the Runway may from time to time engage third-party couriers (âCouriersâ) to facilitate delivery and return of Products. Couriers are independent contractors and not employees, partners, agents, joint ventures, or franchisees of Rent the Runway. Rent the Runway shall not be liable or responsible for any delivery services provided by Couriers, or any errors or misrepresentations made by any of them. If you opt to have Products delivered by Courier, you agree to bear responsibility for receipt of Products shipped to the delivery location specified at time of check out. Rent the Runway highly recommends that you provide a secure location where you can physically receive Product(s) (including from a Courier), and Rent the Runway does not bear liability for Products left unattended, by you, a Courier, or otherwise. You hereby acknowledge that Rent the Runway does not supervise, direct, control, or monitor a Courierâs provision of services. Any interactions or disputes between you and a Courier are solely between you and that Courier. Rent the Runway and its licensors shall have no liability, obligation or responsibility for any interaction between you and any courier.
Billing and Payments
How Payments Work
Payments submitted in connection with the Services must be made by credit card, debit card, or through alternate payment methods when such alternate payment methods are made available as an option. Please note that we use, and that alternate payment methods may be provided by, third-party payment processors (each, a âPayment Processorâ) to bill you for any Paid Services through a payment account linked to your account (the âBilling Accountâ). With regard to credit and debit card payment, all credit and debit card information is provided directly to our Payment Processor(s). RTR does not directly access, handle, or store your credit or debit card information. To submit payment using the Services, you will need to provide your name, email address, telephone number, and your credit or debit card number, expiration date, and security code, as well as any such information as necessary to verify the applicable payment.
When you place an order for a rental Product, you hereby authorize Rent the Runway to charge your payment card or other payment instrument (âPayment Methodâ) all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms immediately upon your order. Rental Fees exclude all federal, state, and local taxes, goods and service tax, fees, customs, duties, levies, and other governmental assessments, all of which shall be paid by you directly or, if paid by Rent the Runway, shall be paid by you to Rent the Runway in connection with your rental order. A reservation of a rental Product through the Services is an order for the rental of that Product, regardless of how far in advance that Product is reserved.
You must ensure that at all times your Payment Method is valid and up-to-date. You are responsible for providing complete and accurate billing and contact information to Rent the Runway and notifying Rent the Runway of any changes to such information. If the Payment Processor is not able to charge your preferred Payment Method, you authorize us to use any Payment Method stored on record for your Billing Account. We reserve the right to suspend or cancel a rental order or terminate your access to the Services in the event that we are unable to successfully charge the provided Payment Method. We are not responsible for errors by the Payment Processor, and we reserve the right to correct any errors or mistakes that we or the Payment Processor make(s) even if we have or our Payment Processor has already requested or received payment. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
All payments made to our Payment Processors are subject to that third partyâs privacy policy. These Terms do not apply to any third partyâs collection and use of your information. Please review the applicable Payment Processorâs privacy policy. Our Payment Processor(s) will use your payment-related information in accordance with its privacy policy.
How Recurring Billing and Auto-renewal Work
If you choose a Membership Service, your Payment Method will be charged the then-current applicable rate (including all applicable taxes and fees) on the date that you sign up for such Membership Service. This date is your âBilling Date.â The applicable fee will automatically renew, meaning your Payment Method will be automatically charged the then-current applicable rate for the Membership Service during each subsequent month until you Pause or Cancel (each as defined below) the Membership Service or terminate your Account. Recurring charges will occur on a going-forward basis each month on or about the same date as your Billing Date (however, if your Billing Date does not exist in a given month, you will be billed on or around the last day of that month). The period between your Billing Dates is referred to as a âBilling Period.â As of your first Billing Date, the Membership Services are available to you, subject to these Terms. Your Account will remain active and you will remain eligible to participate in the Membership Services for subsequent Billing Periods after we successfully receive your payment for each applicable Billing Date. If you do not want to continue to be charged on a recurring monthly basis, you must Cancel or Pause the applicable Membership Service or terminate your Account before the end of the then-current Billing Period.
By choosing a recurring Membership Service, you acknowledge that such Paid Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR CANCELED OR PAUSED THE SERVICES OR YOUR ACCOUNT. Such notice will not affect charges that have already been submitted or are in process.
To change or delete a Payment Method, go to your account settings To terminate your payment authorization, contact us at help@renttherunway.com or 1-800-509-0842. For information on how to Pause or Cancel your account, see below.
Information Provided by Customers
You must provide current, complete, and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). If your Payment Method is canceled for any reason (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your User ID or password, you must promptly notify us and update your Payment Method. Changes to such information can be made in your account settings. IF YOU FAIL TO PROVIDE ANY OF THE REQUIRED INFORMATION OR KEEP SUCH INFORMATION UP-TO-DATE, YOU AGREE AND ACKNOWLEDGE THAT WE MAY CONTINUE CHARGING YOU USING ANY PAYMENT METHOD YOU HAVE ON RECORD, FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT, UNLESS YOU HAVE CANCELED OR PAUSED YOUR PAID SERVICES OR TERMINATED YOUR ACCOUNT IN ACCORDANCE WITH THESE TERMS.
Payment Authorization
If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state taxes), we shall provide notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each Billing Period.
Your non-termination or continued use of a Membership Service reaffirms that we (and/or our Payment Processor) are authorized to charge your Payment Method for that Membership Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Membership Service.
Pausing and Canceling Services
How to Pause a Membership Service
We may, but are not obligated to, permit you to put your Membership Service on hold for one or more Billing Periods (a âPauseâ). If you wish to Pause your Membership Service Without Items, you must return each Product still in your possession by your next Billing Date, in accordance with these Terms, for the Pause to go into effect. If you choose to Pause your Membership Service Without Items, but you do not return each Product in your possession prior to your next Billing Date, you will be charged the relevant Pause WIth Items fee(s), unless otherwise noted in the relevant FAQ. If you wish to Pause your Membership Service With Items, you may keep the number of Products still in your possession in accordance with these Terms.
Once Paused, we will provide notice to you on and before the date that your Membership Service reactivates. You can reactivate your Membership Service during a Pause at any time prior to the set date of reactivation. The date that your Membership Service reactivates will become your new monthly Billing Date when you will be charged the then-current applicable rate (including all applicable taxes and fees) for such Membership Service, and your Billing Period will be measured from your new Billing Date. Please see our FAQ Section for more information regarding Pauses (including how to initiate a Pause or reactivate your Membership Service).
How to Cancel your Account or a Membership Service
You may terminate your Account or your Membership Service (âCancelâ) at any time in your account settings. If you Cancel your Membership Service, you may use the Membership Service until the end of your then-current Billing Period and your membership will not be renewed after the expiration of your then-current Billing Period. You must return all Products in your possession in accordance with these Terms no later than the expiration of your then-current Billing Period or the return date in the applicable online invoice (whichever is earlier) to avoid incurring additional charges, including late fees. Please see our FAQ Section for more information regarding how to Cancel your Account or your Membership Service, and applicable late fees.
Please note that you will not receive any refunds for amounts already paid for the Membership Services, and you will still be responsible for payment of any fees or charges (including, without limitation, all Rental Fees) incurred by you prior to termination of your Membership Service. Membership Services cannot be terminated before the end of the Billing Period for which you have already paid, and except as expressly provided in these terms, Rent the Runway will not refund any fees that you have already paid.
Rent the Runway is also free to suspend, limit, or terminate your access to or use of the Services or your Account, for any reason in our discretion, including your breach of these Terms.
The following provisions survive expiration or termination of these Terms (or your Account): âChanges,â âLate Fees,â âRent the Runway Packaging,â âReturns and Lost Items,â âYour Content,â âUse Restrictions,â âUse of your Content,â âLimitation of Liability,â âDisclaimer of Warranties,â âIndemnity,â âAssignment,â âChoice of Law,â âArbitration Agreement,â âTaxes,â âWaiver; Severability,â and âEntire Agreement.â
How to Cancel a Reserve Order
You may cancel a Product ordered using our Reserve Service subject to our cancellation fees and policies. Please see our FAQ Section for more information regarding our Reserve Service cancellation fees and policies.
Free Trials and Promotions
Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. At the end of your free trial or promotion, you will be signed up to use the applicable Paid Service and charged in accordance with these Terms, unless you Cancel the Paid Service in accordance with these Terms. Please note that any payment terms presented to you in the process of using or signing up for a free trial or other promotion are deemed part of these Terms.
Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, âPromotionsâ) made available through the Services will be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules, as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.
Gift Cards
General Conditions
The following additional terms and conditions apply to the sale and use of Rent the Runway physical gift cards and electronic-only digital gift cards ("Digital Gift Cards") and gift credits (collectively, âGift Cardsâ).
In addition to the terms in this Section, the purchase and use of Gift Cards is considered part of the Services subject to these Terms generally. By purchasing Gift Cards, you are certifying and representing to Rent the Runway that the activities in connection with which the Gift Cards will be used will comply with these Terms and all applicable laws, rules and regulations, and that the Gift Cards will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers or Rent the Runway.
We reserve the right to refuse to sell Gift Cards, or in certain circumstances, to freeze or void Gift Cards that we believe are being used for fraudulent purposes, including to engage in money laundering or other financial crimes.
Purchases & Cancellations
Digital Gift Cards may be purchased online here in the denominations listed on the purchase site. Total purchases by any one individual may not exceed ten thousand dollars ($10,000.00).
If your Digital Gift Card has a delivery date in the future and has not been delivered, you can cancel your purchase by contacting Customer Support and receive a refund. If the delivery date is the same day as the purchase date, the same date that you want to cancel or in the past, it cannot be canceled or refunded.
Redemption
Gift Cards are redeemable only on our website for eligible Services and merchandise through our Services. At this time, Digital Gift Cards may be applied toward one-time Reserve rentals, purchases of clothing (excluding items already at home), and the first month only of fees for newly activated Membership Services. Gift Cards may not be redeemed for recurring subscription fees for Membership Services (including pause with items, membership reactivations from pause, additional spots and shipments or plan upgrades), purchasing items in your shipment currently at home, styling appointments or at any physical locations. Additional limits or restrictions may apply to Gift Card use at Rent the Runwayâs discretion, and as stated in the Services or on the Gift Card packaging or purchase page. A Gift Card cannot be used to purchase other Gift Cards. When a Gift Card is redeemed, the value of the rental or purchase plus any shipping or other applicable fees and sales tax will be deducted from the currently available Gift Card balance.
The card number on Digital Gift Cards operates like cash - anyone in possession of it is able to use it. Gift card purchasers and recipients should take care to protect the card number, and any printouts or other materials containing the card number, in order to avoid unauthorized purchases. As discussed further below, Rent the Runway is not responsible for unauthorized purchases.
Gift Cards are not redeemable or exchangeable for cash (except as required by law).
Additional Terms for Digital Gift Cards
Digital Gift Cards are only issued electronically; no physical card will be provided. The Digital Gift Card number will be delivered to the recipientâs email address that the purchaser provides at time of purchase of the digital Gift Card. Purchaser is responsible for providing an accurate and deliverable recipient email address. Recipients typically receive a digital Gift Card via email within 24 hours, or on the delivery date the purchaser chooses. Digital Gift Cards may be redeemed by providing the digital Gift Card number at the time of checkout online on our Services.
Rent the Runway and its partner(s) are not responsible for Digital Gift Cards that are undeliverable or not received due to a failure to enter an accurate email address for the recipient. Please check to make sure the email address of the recipient is correct and contact Customer Support if you suspect the recipient did not receive their Digital Gift Card.
Expiration and Fees
Gift Cards do not expire and are not subject to any fees. Gift Cards cannot be reloaded.
Lost, Stolen, or Damaged Cards; Unauthorized Use; Returns
You should treat your Gift Card like cash and protect it accordingly. Title to and risk of loss for Gift Cards passes to the purchaser upon sale. Rent the Runway reserves the right to refuse to accept Gift Cards that Rent the Runway believes were fraudulently or illegally obtained. Rent the Runway is not responsible if a Gift Card, or associated card number, is lost, stolen, destroyed, damaged, or used without permission. Gift Cards will be replaced if lost, stolen, or damaged only with proof of purchase and only for the remaining value shown in Rent the Runwayâs records. Rent the Runway is not responsible if your Gift Card is used without your permission.
Refunds of items purchased with Digital Gift Cards are subject to these Terms generally, including the Rent the Runway Return Policy.
No Affiliation with Rent the Runway
Gift Cards may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts). Use of Rent the Runwayâs name, logo, trade dress (including any image/likeness of the Gift Cards) or trademarks in connection with the purchase or use of Gift Cards is strictly prohibited. Furthermore, the use of Gift Cards in any manner that states or implies that any person, website, business, product or service is endorsed or sponsored by, or otherwise affiliated with, Rent the Runway or any of its subsidiaries or affiliates is prohibited.
LIMITATION OF LIABILITY
IN ADDITION TO THE GENERAL âLIMITATIONS OF LIABILITYâ SECTION SET FORTH BELOW, IN THE EVENT THAT RENT THE RUNWAY IS FOUND LIABLE TO YOU FOR A CLAIM ARISING FROM A GIFT CARD, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO RECOVER ACTUAL AND DIRECT DAMAGES WHICH SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR GIFT CARD.
Customer Service; Check Balance
Please see our FAQ Section for assistance regarding Gift Cards (including on how to check Gift Card balance). You may also contact Customer Support with questions.
Referral Program
How it Works
If you have an Account, you may be eligible to participate in the Rent the Runway Referral Program (the âReferral Programâ). More details about the Referral Program can be found in our FAQ Section.
Under the Referral Program, Rent the Runway may provide you with the opportunity to send invites containing a unique referral code (each, an âInvitationâ) to others to use Rent the Runwayâs Paid Services at a promotional rate (each, a âReferralâ). If your Referral is a qualified referral, he or she will receive the promotion indicated on the Invitation when he or she redeems the Invitation, and we may, but are not required to, also provide you a reward (a âReferral Rewardâ). Please see our FAQ Section for more details regarding requirements for qualified referrals.
Referral Rewards will be reflected in your Account after the requirements for a qualified referral have been met. You may be required to pay taxes, and we may be required to withhold taxes, on the value of redeemed Referral Rewards if the value exceeds certain thresholds. We may, in our sole discretion, place limitations or caps on the maximum amount of Referral Rewards that you can receive in any period of time. Please see our FAQ Section for limitations or caps on Referral Rewards.
Restrictions that Apply
You may not redeem Invitations or earn Referral Rewards by (i) promoting your Invitation (or its unique referral code) through paid marketing, such as search engine or social media marketing (e.g., Google, TikTok, Instagram/Facebook), (ii) posting your Invitation (or its unique referral code) on any public forum or coupon site where you are not the primary content owner (e.g., you may post a referral link on your personal social media account, but you may not post it on a site like RetailMeNot), (iii) using the Services in violation of these Terms, or (iv) violating any other restriction that we may impose on participants in the Refer a Friend Program.
You may not obtain any cash or money in exchange for Referral Rewards. You are responsible for notifying Rent the Runway if you believe the number of Referral Rewards in your Account is incorrect.
Rent the Runway reserves the right to modify, suspend or terminate the Refer a Friend Program, in part or in whole, at any time, for any reason, or, upon reasonable notice to you (including by email), to void or remove Referral Rewards from an Account at any time. All Referral Rewards will be voided immediately upon termination of these Terms or if you Cancel your Account.
CONTENT
Ownership and Use of Intellectual Property
Our Content
We and/or our suppliers and licensors own the Products and Services (including related software, code, data, and information relating thereto), and proprietary methods and systems used to provide the Services (collectively, âOur Propertyâ), the materials, text, graphics, data, articles, photos, images, illustrations, information, and other content made available or displayed by us through the Services (collectively, âOur Materialsâ), and certain of the trademarks, service marks, names, and logos, including, but not limited to, RENT THE RUNWAY (âMarks,â and together with Our Property and Our Materials, collectively, âContentâ). You agree and acknowledge that the Content is: (i) protected by copyrights, (ii) subject to other intellectual property and proprietary rights and laws, and (iii) owned by us or our suppliers and licensors. Except as expressly permitted in these Terms, Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, redistributed, or otherwise used in any way without our prior written permission and the prior written permission of our applicable licensors.
Subject to these Terms, and solely for so long as you are permitted to use the Services, we grant to you a non-transferable, non-sublicensable, non-exclusive, revocable, limited right and license to (a) install, access, and use our App on any single, compatible, personal device that you own or control, and (ii) access and use the other aspects of the Services, in each case solely for your own personal, noncommercial use. The App is licensed (not sold) to you. If you fail to comply with any of the terms or conditions of these Terms, you must immediately cease using the App and remove (that is, uninstall and delete) the App from your mobile device. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in or attached to any Content, and that you wonât use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize, or otherwise exploit for any purpose any Content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in these Terms), create derivative works based on, or otherwise exploit any of the Content or Services. You may not use our trade names, trademarks, service marks, or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any right to use any trade names, trademarks, service marks, or logos without the express prior written consent of the owner.
Your Content
Anything that you post, upload, share, store, provide, or otherwise make available through the Services (including, but not limited to, ideas, suggestions, messages, documents, proposals, photographs, audio, video, and other content) is a âUser Submission.â We do not guarantee any confidentiality with respect to your User Submissions, and they may be viewable by others. You are solely responsible for all User Submissions that you submit or otherwise provide to the Services. You represent that (a) all of your User Submissions are accurate, complete, up-to-date, and in compliance with these Terms and all applicable laws, rules, and regulations, and (b) you own or have the necessary rights, licenses, consents, and permissions, without the need for any permission from or payment to any other person or entity, to exploit and to authorize us to exploit your User Submissions in all manners contemplated by these Terms. You waive all moral rights in User Submissions which may be available to you in any part of the world and confirm that no such rights have been asserted. No User Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any User Submissions.
In addition, if you provide to us any ideas, proposals, suggestions, or other materials (âFeedbackâ), whether related to the Services or otherwise, such Feedback will be deemed a User Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited, and without restriction, and does not place Rent the Runway under any fiduciary or other obligation.
You hereby grant to Rent the Runway and our affiliates a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable (through multiple tiers), and transferable (in whole or part) worldwide license to use, edit, truncate, aggregate, reproduce, transmit, display, exhibit, distribute, prepare, index, comment on, modify, create derivative works of, display, perform, and otherwise fully exploit User Submissions in connection the Services and our (and our successorsâ and assignsâ) businesses, including without limitation for promoting, marketing, advertising, and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats (whether now existing or hereafter created or discovered) and through any media channels, whether now existing or hereafter created or discovered (including, without limitation, third-party websites and feeds).
We have the right, but not the obligation, to monitor, scan, intercept, review, analyze, store, alter, or remove any information (including all User Submissions received from you), and to monitor, review or analyze your access to or use of the Services, in each case, by manual, automated or other means, and in each case for any purpose, including such purposes as may be described in the Privacy Policy. We may take appropriate action against you or your User Submissions if you violate our rights or the rights of any third party or any other provision of these Terms. This may include, but is not limited to, removing or modifying User Submissions, terminating your account, and/or reporting you to law enforcement authorities. You acknowledge that all Content, including User Submissions, accessed by you while using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.
Use Restrictions
You represent, warrant, and agree that you will not post, upload, share, store, provide, or otherwise make available any User Submission, otherwise access or use the Content, Products or Services or interact with the Services in a manner that:
âą Infringes, misappropriates, or otherwise violates the intellectual property rights or any other rights of anyone else (including Rent the Runway);
âą Violates any law, rules, or regulation, including, without limitation, any applicable export control laws or privacy laws;
âą Is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, libelous, tortious, obscene, indecent, pornographic, vulgar, unlawful, hateful, or threatening to any group defined by race, religion, gender, national origin, or sexual orientation or is otherwise offensive or objectionable;
âą is for any commercial purpose or is used for any purpose not reasonably intended by Rent the Runway;
âą Jeopardizes the security of your or any other Rent the Runway userâs Account (such as by allowing someone else to log in to your Account);
âą Attempts, in any manner, to obtain the Rent the Runway User ID, password, Account, or other security information of or from any other Rent the Runway user or impersonates any other person, including but not limited to a Rent the Runway representative;
âą Violates the security of any computer network, or cracks any passwords or security mechanisms or encryption codes, or introduces viruses, worms, Trojan horses, spyware, or other computer code, file, or program that is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;
âą Runs a âMaillist,â âListserv,â any form of auto-responder, or âspamâ on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interferes with the proper working of the Services (including by placing an unreasonable load on the Servicesâ infrastructure);
âą Restricts or prohibits any other person from using the Services;
âą Frames or mirrors any portion of the Services, or otherwise incorporates any portion of the Services into any product or service, without our express prior written consent;
âą Removes or obscures any copyright, trademark, or other proprietary notice from the Services;
âą Uses any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, âscrape,â âdata mine,â or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site, without our express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Siteâs root directory, Rent the Runway grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Rent the Runway reserves the right to revoke such permission either generally or in specific cases, at any time and without notice;
âą Systematically copies or stores any portion of the Content;
âą Decompiles, reverse engineers, disassembles or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Products or Services, except to the extent that such restriction is expressly prohibited by applicable law;
âą Displays material that exploits children under 18 years of age or posts, collects, or discloses any personal information (including names) or private information about such children; or
âą Posts or transmits any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests or any other businesses or services.
You are also responsible for obtaining, maintaining, and paying for all hardware and all telecommunications and other services needed to access or use the Services. A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
In our effort to protect our customers, we may screen your use of our Services for potential signs of fraud which may result in cancellation or termination of any of our Services and/or temporary or permanent suspension of Accounts. If you believe your transaction or Service was canceled in error, or your Account suspended in error, please contact us and we may reinstate your Account, transaction or Service, in our sole discretion.
Third Party Materials
Certain Services functionality may contain links or connections to, or otherwise make available access to, third-party websites, services, information, services, products, or other materials that are not owned or controlled by Rent the Runway (âThird Party Materialsâ), or allow for the routing or transmission of such Third Party Materials, including via links. When you access or use any Third Party Materials, you are directing us to access, route and transmit to you the applicable Third Party Materials. Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions, and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).
Rent the Runway has no control over, does not endorse, and assumes no responsibility for, any Third Party Materials, including the content, accuracy, validity, timeliness, reliability, completeness, quality, legality, usefulness, safety, or practices of or opinions expressed in any Third Party Materials. In addition, Rent the Runway has no obligation to monitor, verify, censor, or edit the content of any Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or in part) through the Services at any time. In addition, the availability of any Third Party Materials through the Services does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you access or use. By accessing or using the Services, you release and hold us harmless from any and all liability arising from your access to or use of any Third Party Materials.
If there is a dispute between participants on this site or Services, or between users and any third party, including in connection with any Third Party Materials, you agree that Rent the Runway is under no obligation to become involved and you are solely responsible for such disputes.
Ratings and Reviews
Our Services may request that you rate and post reviews of rental Products. Any ratings or reviews provided by you are considered User Submissions and are governed by these Terms. Ratings and reviews are not endorsed by Rent the Runway, and do not represent the views of Rent the Runway or of any affiliate or partner of Rent the Runway. Rent the Runway does not assume liability for any ratings and reviews or for any claims, liabilities, or losses resulting from or relating to ratings or reviews. We reserve the right to modify, remove, or exclude any rating and/or review for any reason at any time, without notice.
Copyright Infringement Claims
The Digital Millennium Copyright Act of 1998 (the âDMCAâ) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Services infringe your copyright, you (or your agent) may send to Rent the Runway a written notice by mail, email, or fax, requesting that Rent the Runway remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Rent the Runway a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to Rent the Runway as follows: by mail to Rent the Runway, Inc., 10 Jay Street, Brooklyn, NY 11201; by email to legal@renttherunway.com; or by phone via 212-524-6860.
Additional Terms for Mobile Applications
In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (âAppleâ). Apple is not a party to these Terms and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Rent the Runway in accordance with the âInformation or Complaintsâ section below. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Appleâs iOS operating system and is owned or controlled by you, or as otherwise permitted by the usage rules set forth in Appleâs App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Appleâs subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of the terms and conditions of the Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. Notwithstanding the foregoing, Rent the Runwayâs right to enter into, rescind, or terminate any variation, waiver, or settlement under these Terms is not subject to the consent of any third party.
MISCELLANEOUS
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE RENT THE RUNWAY PARTIES (AS DEFINED BELOW) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE PRODUCTS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) U.S. DOLLARS OR (II) THE AMOUNTS PAID BY YOU TO RENT THE RUNWAY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12)-MONTH PERIOD PRECEDING THE FIRST EVENT GIVING RISE TO A CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO NEW JERSEY RESIDENTS OR TRANSACTIONS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RENT THE RUNWAY PARTIES DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICES AND THE RENT THE RUNWAY PARTIES SHALL NOT BE LIABLE FOR ANY INTERRUPTIONS OR ERRORS RELATED THERETO.
DISCLAIMER OF WARRANTIES
Neither Rent the Runway nor its licensors, suppliers, partners, parent, subsidiaries, or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives, and agents, and each of their respective successors and assigns (Rent the Runway and all such parties together, the âRent the Runway Partiesâ) make any representations or warranties concerning the Services, including without limitation regarding any content contained in or accessed through the Services or any Products, and the Rent the Runway Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages, or liabilities arising out of or in any way related to your participation in or use of the Services. We make no warranty that the Products or Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Products, or Services, or that defects in the Products or Services will be corrected. The Services may become unavailable due to maintenance or malfunction of computer equipment or other reasons. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from the download of any material in any way related to the Services and/or our Content. No advice or information, whether oral or written, obtained by you from us through the Services or otherwise will create any warranty, representation, or guarantee not expressly stated in these Terms.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES, PRODUCTS, CONTENT, AND ANY THIRD PARTY MATERIALS ARE PROVIDED BY RENT THE RUNWAY (AND ITS LICENSORS AND SUPPLIERS) ON AN âAS-IS,â âWHERE IS,â AND âAS AVAILABLEâ BASIS, AND RENT THE RUNWAY HEREBY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Consent to Receive Periodic Messages
By using the Services, you consent to receiving communications from us or on behalf of RTR, including informational text messages (such as for purposes of notifying you about the status of your order, sending you reminders, facilitating secondary authentication, and providing other transactional information), to the phone number that you provide by any means, including through an automated telephone number dialing system. You represent and warrant that you are the owner of the phone number that you provide when you create an Account. Standard text messaging and data rates charged by your mobile carrier may apply to the text messages we send you, and any and all such charges, fees, taxes, or costs are your sole responsibility. You may opt out of receiving communications by following the unsubscribe procedures we provide to you. In the case of text messages, you may opt out by replying "STOP" to a text message you receive from us or by emailing help@renttherunway.com. If you choose to opt-out of text messages, you may receive an additional message confirming your request has been processed. You acknowledge that opting out of receiving communications may impact your use of the Services. Please note also that you will need to opt out of communications for each Service that you sign up for. For support regarding the Services, text âHELPâ to the number you received messages from or email us at help@renttherunway.com. You agree to indemnify and hold Rent the Runway harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneysâ fees) arising from or in any way related to your breach of the foregoing.
Export Control
You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a âterrorist supportingâ country; or (b) on any of the U.S. government lists of restricted end users.
Proposition 65 Notice to California Residents
California Proposition 65 (âProp 65â) requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm after significant exposure. You may see Prop. 65 warnings based on information the seller has shared with us that we're passing along to you. Further information regarding California Proposition 65 may be obtained online by visiting
www.p65warnings.ca.gov.Indemnity
You agree to indemnify and hold the Rent the Runway Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, fees, and expenses (including attorneysâ fees) arising from or in any way related to any claims, suit, action, or demand (âClaimsâ) relating to (i) your access to and use of the Services (including any actions taken by a third party using your account) and any Products rented from us (including any failure to return such Products), (ii) your User Submissions, (iii) your violation of these Terms, or any applicable law, rules, or regulation, (iv) your infringement, misappropriation, or other violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right, and (v) any dispute or issue between you and any third party, including any Courier, Product merchant, or other third party. In the event of such Claim, we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Account, in any way (including by operation of law or otherwise) without Rent the Runway's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations (in whole or in part) without your consent or notice to you.
Choice of Law
These Terms are governed by and will be construed under the laws of the United States (including federal arbitration law) and the laws of the State of New York, without regard to the conflicts of laws provisions thereof.
Arbitration Agreement
Please read the following Arbitration Agreement carefully (subsections (a) though (f) below will be referenced herein as the âArbitration Agreementâ) because it requires you to arbitrate certain disputes and claims with Rent the Runway and limits the manner in which you can seek relief from Rent the Runway. Both you and Rent the Runway acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Rent the Runway's officers, directors, employees, and independent contractors (âPersonnelâ) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, such dispute shall be finally settled by binding arbitration in accordance with this Arbitration Agreement. The arbitration will proceed in the English language, in accordance with the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Arbitration Agreement (the âRulesâ) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The Consumer Arbitration Rules are available online at https://www.adr.org/sites/default/files/CommercialRules_Web_FINAL_2.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitratorâs decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
(b) Class Action Waiver. You agree that any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action. Notwithstanding anything to the contrary in this Arbitration Agreement or any other provision of these Terms or in the American Arbitration Associationâs Consumer Arbitration Rules, disputes regarding the enforceability, revocability, or validity of the foregoing class action waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (i) the dispute is filed as a class, collective, or representative action, and (ii) there is a final judicial determination that all or part of such class action waiver is unenforceable, then the class, collective, and/or representative action, to that extent, must be litigated in a civil court of competent jurisdiction, but the portion of such class action waiver that is enforceable shall be enforced in arbitration.
(c) Small Claims Court; Infringement. Notwithstanding the foregoing obligation to resolve disputes using arbitration, both you and Rent the Runway may assert claims, if they qualify, in small claims court in New York County, New York or any United States county where you live or work. Furthermore, both you and Rent the Runway will have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
(d) Waiver of Jury Trial. You and Rent the Runway are each waiving the right to trial by a jury and instead choosing to have claims and disputes resolved by arbitration. Except for disputes that qualify for small claims court, all disputes arising out of or related to these Terms or any aspect of the relationship between you and Rent the Runway, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved pursuant to this Arbitration Agreement. Except as provided above regarding the class action waiver, such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision. All such matters shall be decided by an arbitrator and not by a court or judge. However, as set forth above, the preceding arbitration requirement shall not apply to disputes to the extent relating to the interpretation or application of the class action waiver above, including its enforceability, revocability, or validity.
(e) Exclusive Venue. In any circumstances where the foregoing Arbitration Agreement permits either you or Rent the Runway to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing Arbitration Agreement will not apply to either party, and both you and Rent the Runway agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in New York County, New York.
(f) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This Arbitration Agreement will survive the termination of your relationship with Rent the Runway.
Filtering
We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that Rent the Runway does not endorse any of the products or services listed on such site.
Taxes
You will be responsible for paying, withholding, filing, and reporting all federal, state, and local goods and services taxes, duties, customs, duties, levies, and other governmental assessments associated with your activity in connection with the Services (including any purchase or rental of any Products and Membership Services), provided that Rent the Runway may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.
Waiver; Severability
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
Delays
There may be delays, omissions, or inaccuracies in the Services, including the Content. The Services may become unavailable due to maintenance or malfunction of computer equipment or other reasons. You agree that Rent the Runway is not, and will not be, liable for any such delays, omissions, inaccuracies, or unavailability.Entire Agreement
You and Rent the Runway agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Rent the Runway, and that these Terms supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Rent the Runway, and you do not have any authority of any kind to bind Rent the Runway in any respect whatsoever.
Notice to New Jersey Consumers
If you are a consumer residing in New Jersey, the following provisions of these Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) the disclaimer of liability for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code, and New Jersey Consumer Fraud Act; (b) the limitations of liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability, or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) the requirement that you indemnify the Rent the Runway Parties (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) the New York governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).
Information or Complaints
If you have any questions or complaints regarding the Services or about these Terms, you may contact us at legal@renttherunway.com. For any questions related to Services or Products, please contact us at help@renttherunway.com. Please note that email communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your email correspondence with us. Pursuant to California Civil Code Section 1789.3, California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (800) 952-5210.
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