RENT THE RUNWAY Terms of Service


Updated

Effective Date:

April 5, 2019.


The following Terms of Service (“Terms”) between you (“you” or “your”) and Rent the Runway, Inc. (“we,” “our,” “us,” or “RTR”) describes the terms and conditions on which you may access and use the RTR website located at renttherunway.com (the “Site”), the RTR mobile app (the “App”) and related services including RTR’s product rental and sale services (together with the Site, the App, and the RTR Content, as defined below, the “Services”). These Terms also apply to in-store rentals and sales, which are part of the Services. By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms.


PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES. BY CLICKING “I AGREE” OR OTHERWISE ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS.


Notice of Agreement to Arbitrate and Class Action Waiver

By accepting these Terms, you are agreeing to the arbitration agreement and class action waiver contained in Section 8 of these Terms below.


  1. About the Services
  2. Rental and Sale of Products
  3. Special Trial Programs
  4. Use of the Services
  5. Intellectual Property
  6. Termination
  7. Disclaimer of Warranties; Limitation of Liability
  8. Dispute Resolution, Arbitration and Class Action Waiver
  9. Miscellaneous

1. ABOUT THE SERVICES


A. Introduction

Through the Services, we aim to give you access to beautiful designer clothing and accessories, stylist advice and other content to help you decide which items are perfect for you.


B. Mobile Charges

To the extent you access the Services through a mobile or wireless device, your carrier’s standard charges, data rates and other fees may apply.


C. Eligibility

Children under the age of 13 may not use the Services and parents or legal guardians may not agree to these Terms on their behalf. Children under 18 years of age but at least 13 years of age may use the Site and App under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not rent or purchase any clothing or accessories (“Products”) via the Services. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, you are fully responsible for his or her use of the Services and the rental or purchase of any Products, including all legal liability he or she may incur.


D. Modification of the Services or the Terms

RTR may modify these Terms or modify, suspend, or discontinue the Services at any time for any reason. However, RTR will use commercially reasonable efforts to notify you of material changes to these Terms by posting a notice on the Site and/or sending an email to the email address you provided to RTR upon registration.


E. Privacy

To learn more about our privacy practices, please read our Privacy Policy, which is available at https://www.renttherunway.com/pages/privacy (the “Privacy Policy”).




2. RENTAL AND SALE OF PRODUCTS


A. General Conditions


The Services include the rental and sale of Products. This Section 2(A) sets out terms and conditions that apply to your rental or purchase of any Product.


18 Years or Older. Products may be rented or purchased for use by individuals under 18 years of age, but we rent and sell only to adults, who may rent or purchase the Products with a payment card or other approved payment method. By clicking agreeing to these Terms, you represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting or purchasing the Products as described in these Terms.


Limits. You acknowledge and agree that we may place limits on the rental or purchase of Products, including but not limited to 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 rentals or sales of Products for any reason in our sole discretion, including but not limited to availability and geographic concerns.


Delivery. Your Products may be ordered and couriered to you on the same day for certain orders placed by 2 p.m. for delivery in New York City, subject to the additional delivery charge specified on the Site or App. Otherwise, all deliveries outside of New York City will be through RTR's shipping partners, which may change from time to time at RTR’s discretion. The shipping method used will be at the discretion of RTR.


Collections. If you do not pay the amounts you owe to RTR when due, then RTR will need to institute collection procedures. You agree to pay RTR’s costs of collection, including without limitation reasonable attorneys' fees.


Communications. You consent to receive communications from us, including email, text messages, calls, and push notifications, including for the purposes of notifying you about the status of your order, sending you reminders, facilitating secondary authentication, and providing other information. We may contact you by telephone calls or text messages, including by an automatic telephone dialing system, at any of the telephone numbers provided by you. Standard message and data rates charged by your mobile carrier may apply to the text messages we send you. 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. You acknowledge that opting out of receiving communications may impact your use of the Services."


B. Rentals

The following additional conditions apply to the rental of any Product.


Rental Fee. The rental fee (“Rental Fee”) for the Product will be the total of the rental fee, insurance charges and delivery charges listed on the Site or App for your rental of the Product. When you place your rental order for a Product, you hereby authorize RTR to charge your payment card for the Rental Fee. RTR will charge your payment card the amount of the Rental Fee immediately upon your rental order. A reservation of a Product on the Site or App is an order for the rental of that Product, regardless of how far in advance that Product is reserved. In addition, at the time of your rental order for a Product, you hereby authorize RTR to charge your payment card for an amount equal to 100% of the original retail value of the Product (when new) set forth on the Site or App (“Retail Value”) plus applicable sales taxes; provided that RTR will only charge your payment card for an amount greater than the Rental Fee as described below. Rental Fees exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by RTR, shall be paid by you to RTR in connection with your rental order.


Cancellation Policy. You may cancel your rental order subject to the following cancellation fees and policies:
  1. If you cancel thirty (30) or more days in advance of the delivery date, there is no cancellation fee and you will receive a full refund issued to the payment card you used for the order.
  2. If you cancel less than thirty (30) days but more than fourteen (14) days in advance of the delivery date, you will not receive any refund, but you will receive a full credit to your RTR account for the Rental Fee associated with the cancelled order. This credit can be applied to any future RTR rental.
  3. If you cancel fourteen (14) or fewer days in advance of the delivery date, you will receive a credit to your RTR account for the Rental Fee associated with the cancelled order, minus a cancellation fee of $9.95.

Return Packaging. With delivery of the Product, RTR will provide you with a pre-paid, pre-addressed RTR carrying case or mailing envelope (as the case may be) as well as instructions for your use in returning the Products to RTR (“Return Packaging”). The RTR carrying case is not yours to keep. If the RTR carrying case is not returned you will be charged a $50 fee (details below under “Lost Return Packaging”).


Receipt of the Products. Upon delivery, you bear responsibility for the Product(s). If however, you opt to have the Products delivered in New York City by courier service, you agree to bear responsibility for receipt of Products shipped to the location specified at time of check out. You acknowledge that a Secure Shipping Address is highly recommended. A “” means a location where an individual can physically receive Product(s). In the event that an un-secure shipping address is provided, RTR does not bear liability for Products left unattended. Furthermore, you acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which RTR will not be liable. You will be liable for all such delays and additional delivery fees.


Use of the Products. You agree to treat the Products with great care, as if it was borrowed from your close friend. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, rips, missing beads, stuck zippers or other minor damage covered by the insurance you paid for with your rental of the applicable Product. If you return a Product that is damaged beyond normal wear and tear, then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Product, as determined in our discretion, up to the Retail Value for the Product.


Return of the Products; Extensions. You agree to return the Products to RTR in the Return Packaging on or before the return date for the Products that are identified in the online invoice for your order. You may extend your order for a Product on the Site, App or by phone to RTR; provided that any extensions are subject to other orders for that Product and to pre-payment of the additional Rental Fee applicable to that Product for the period of time of the extension. You must return the Product by delivering the Product in the Return Packaging to a UPS store located in the United States by 12 p.m. on or before the date that the Product is due. We are not responsible for any personal or other items left in the Products or which are returned to RTR in the Return Packaging. If you believe you have accidentally or otherwise sent us any such items, please contact customer service as soon as possible at help@renttherunway.com. Our staff may assist in attempting to locate such items at a customer’s request, but are not obligated to and assume no liability for doing so.


Late Fees. If you return the Products late or not at all, a late fee of fifty dollars ($50.00) will be charged to the payment card you used to pay the Rental Fee or to any other payment card included in your account information that you have provided to RTR for every day that you are late returning the Products, and you agree to pay such late fees, up to an amount not to exceed 100% of the Retail Value plus applicable sales tax (plus the Rental Fee). The late fee is payable for each order of Products that is not returned when due, not for each Product that is the subject of the order that is late. If you have not returned a Product within twenty (20) days after the return date for the Product, your late return will be considered a non-return and RTR will charge your payment card the maximum late fee set forth in this Section 2(B), less any late fees that you have already paid, plus applicable sales tax.


Payment of 100% Rental Value RTR will not charge you for more than an amount equal to 100% of the Retail Value plus the Rental Fee, in the aggregate, for any charges arising under this Section 2(B), excluding collection costs. If you pay RTR an amount equal to 100% of the Retail Value under this Section 2(B) and you still possess the Product, the Product is yours to keep, though on an “AS IS” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by you pursuant to this Section 2(B).


Lost Return Packaging. If you lose the Return Packaging, you will be responsible for returning the item at your own expense by the expected return date, and providing RTR with a tracking number. Also, if you lose or fail to return the RTR carrying case you will be charged $50. If you still possess the RTR carrying case, it is yours to keep, though on an “AS IS” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by you pursuant to this Section 2(B).


Limited Warranties. The following are the limited warranties RTR provides in connection with Product rentals. RTR’s liability to you for failure to comply with any of these warranties is limited to timely delivery of Product conforming to the warranties or a refund of the Rental Fee (excluding insurance and delivery charges) as determined by RTR. See Section 7(A) below.

  • Correct Products. Subject to availability, we will deliver the Products you ordered, including the specified size, color and design, on or before the delivery date for which you ordered them, except in the rare event that the Product is damaged beyond repair or there is an occurrence subsequent to the placing of the order that prevents timely delivery. In such event, we will use reasonable efforts to notify you that the Product is unavailable. If we are able to reach you, you will be entitled to choose any available rental Product to replace the unavailable Product. If we are unable to reach you, you acknowledge and agree that we may send you a replacement product of the same or greater value. Products may appear different in color and style than as displayed on the Site or App.
  • Clean and Ready to Wear. The Products will be professionally cleaned and delivered ready to wear. RTR dry cleans and inspects each Product with the utmost care, but use of the Product is at your own risk and RTR shall not be held liable for any health-related complaints associated with any Product.
  • Sizing Returns. If your Product does not fit you, then you may return the Product to RTR within 24 hours (excluding Sundays and holidays) of the date you received the Product by contacting RTR at help@renttherunway.com or phone (1.800.509.0842) and returning the Product in conformance with the return procedures above (a “Sizing Return”). RTR will then issue you a credit for the full Rental Fee (less delivery charges) of the Product for a future rental by you of our Products, so long as the Product, in our sole discretion, has not been worn.
  • First Rental of a Designer's Product. In order to provide greater assurance that a Product from a new designer (i.e., one from whom you have not previously ordered a Product through the Services) will fit properly, you may opt to order a second size of the same Product at no charge or a reduced charge, as set out on the Site or App, for the same days for which you rent the first size of that Product (a “Designer Spare”), subject to availability. In such event, any Designer Spare must be returned together with the Product with which it was ordered. These Terms apply to any Designer Spare just as to any other Product, including without limitation the requirements of this Section 2(B); provided that (i) the credits described under “Sizing Returns” will not apply to a Product or Designer Spare unless both the Product and the Designer Spare are returned together in conformance with these Terms and (ii) no credit will be issued to you for the Designer Spare unless you were originally charged for it by RTR. RTR may discontinue the availability of Designer Spares at any time.
  • Backup Products. If you order a Product hereunder, you may also order a backup Product (at the same or lower price tier as the first Product) (a “Backup Product”) for a reduced rate, as set forth on the Site or App, for the same time period that you order the first Product. Any Backup Products must be returned together with the Product with which it was ordered. These Terms apply to any Backup Products just as to any other Product; provided that the sizing guarantees and credits described under “Sizing Returns” do not apply. We may discontinue the availability of Backup Products at any time.

C. Sales

The following additional conditions apply to the sale of any Product.


Products are Used; All Sales are Final and “As Is.” You acknowledge and agree that only those Products designated by us on the Site or App as available for purchase are eligible for purchase by you. EXCEPT FOR INTIMATES, SHAPEWEAR AND BEAUTY PRODUCTS, THE PRODUCTS FOR SALE HAVE BEEN PREVIOUSLY RENTED BY OTHER CUSTOMERS AND ARE NOT NEW. RTR will professionally clean and inspect the Products before they are delivered to you. However, all Products are sold on an “as is” basis, without any warranty whatsoever, and all Product sales are final.


Purchase Price. The purchase price (“Purchase Price”) for the Products will be the purchase fee and delivery charges listed on the Site or App in connection with your purchase of the Products. Purchase Price is as listed on the RTR website at the time of purchase, and is subject to change. RTR reserves the right to alter Purchase Price, discount, or availability of any particular item at its discretion and without notice. Upon your purchase order for a Product, you hereby authorize RTR to charge your payment card for the Purchase Price. We will charge your payment card the amount of the Purchase Price immediately upon your purchase order. Purchase Prices exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by RTR, shall be paid by you to RTR in connection with your purchase order. Purchase orders are final and cannot be cancelled.


D. Gift Cards

I. General Conditions
The following additional terms and conditions apply to the sale, use and redemption of RTR physical gift cards and electronic-only “digital” gift cards and gift credits (collectively, “Gift Cards”). Purchase and use of a Gift Card constitutes acceptance of these terms. In addition to the terms in this Section the purchase, use and redemption of Gift Cards is considered part of the Services subject to these Terms generally.


II. Redemption and Use.
Gift Cards may be purchased online or through participating RTR retail locations. Gift Cards are redeemable only for eligible services and merchandise through renttherunway.com or Rent the Runway (RTR) retail locations.
Limits may apply to Gift Card redemption and use. 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/handling fees and sales tax will be deducted from the currently available Gift Card balance.


III. 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 recipient’s email address that purchaser provides at time of purchase of the digital gift card. Purchaser is responsible for providing an accurate and deliverable recipient email address. Recipient will usually 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 card number at the time of checkout online or at a RTR retail location.


IV. Expiration and Fees.
The Gift Cards do not expire, and are not subject to any fees. Gift Cards are not redeemable or exchangeable for cash (except as required by law). Gift Cards cannot be reloaded and are not refundable. Gift Cards cannot be transferred for value.


V. Lost, Stolen, or Damaged Cards; Unauthorized Use.
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. RTR reserves the right to refuse to accept Gift Cards that RTR believes were fraudulently obtained.
RTR is not responsible if a Gift Card 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 value shown on RTR’s records. RTR is not responsible if your Gift Card is used without your permission.


VI. Limitation of Liability.
IN ADDITION TO THE LIMITATIONS OF LIABILITY STATED IN SECTION 7(C), IN THE EVENT THAT RTR IS FOUND LIABLE TO YOU FOR A CLAIM ARISING FROM A GIFT CARD, YOUR SOLE REMEDY WILL BE TO RECOVER ACTUAL AND DIRECT DAMAGES WHICH SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR GIFT CARD.


VII. Customer Service; Check Balance.
For assistance or to check Gift Card balance, email help@renttherunway.com or call (800) 509-0842.


3. SPECIAL TRIAL PROGRAMS


A. General Conditions


RTR provides certain trial programs, as described under this Section 3. This Section 3(A) sets out terms and conditions that apply to your participation in any of these programs. Section 3(B) sets out additional terms and conditions that apply to the “RTR Pro” service, Section 3(C) sets out additional terms and conditions for the “Unlimited” program and Section 3(D) sets out additional terms and conditions for the "StylePass Beta" program.


Changes to Programs. RTR reserves the right to add, remove or modify trial program benefits at any time, but we will use reasonable efforts to notify you of any material changes. In the event of any such material change, you may cancel your subscription immediately upon notice to us, and we will give you a prorated refund for the remainder of your current subscription period. Any increases in fees that we introduce will apply to subsequent subscription renewal periods. YOUR CONTINUED PROGRAM SUBSCRIPTION AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.


Failure to Pay Fees.. We reserve the right to pursue any amounts you fail to pay in connection with any trial program in accordance with these Terms.


Termination. We may terminate any of the trial programs, or your membership in any of these programs, at any time. If we do so, we will give you a prorated refund for the remainder of your current subscription period. However, we will not give any refund for termination related to conduct that, in our discretion, violates any terms or conditions set out in these Terms or any applicable law.


B. RTR Pro.


The following additional terms and conditions apply if you subscribe to our RTR Pro service (“RTR Pro”).


RTR Pro Service. If you subscribe to RTR Pro, you will be entitled to certain benefits when you rent Products, as more fully described here.


Fees. If you subscribe to RTR Pro, RTR will charge you a recurring automatic annual subscription fee. The current RTR Pro subscription fee is set out here, but is subject to change at our discretion and any such change will be effective for any subsequent renewal subscription period. You hereby authorize RTR or our third party payment processor to charge your payment card for the applicable RTR Pro subscription fee. RTR Pro subscription fees are non-refundable except as expressly set forth below. Taxes may apply on RTR Pro subscription fees.


Subscription Cancellation and Renewal. You may cancel RTR Pro at any time, but your cancellation will be effective at the end of the current annual subscription period. This means your RTR Pro subscription will continue for the remainder of that period and you will not receive a refund. Your Pro subscription renews automatically on an annual basis at the then current fee and benefits then in effect until you cancel.You may cancel or renew RTR Pro or find out more information about your RTR Pro subscription, including your annual expiration date, by contacting help@renttherunway.com.


C. Unlimited Program.


The following additional terms and conditions apply if you subscribe to our Unlimited program (“Unlimited”).


Unlimited Program. If you subscribe to Unlimited, you will be entitled to rent up to four (4) Products at any time from a range of Products designated on the Site (such Products, the “Unlimited Program Products”), as more fully described here. Products not included in the Unlimited Program are determined by us in our sole discretion. Subject to your compliance with these Terms (including payment of fees) and our right to terminate Unlimited, we do not impose any limitations on the time period during which you may keep any Product we have sent to you through Unlimited.


Subscription Fees. If you subscribe to Unlimited, RTR will charge you a pre-paid subscription fee or a monthly subscription fee that will automatically renew and you will be billed every month at the then current fee to your payment method on file (each month, a “Subscription Period”). After a pre-pay period ends, your subscription membership will automatically renew and you will be billed every month at the then current fee to your payment method on file. The current monthly Unlimited subscription fee is $159.00 (plus applicable taxes), but is subject to change at our discretion and any such change will be effective for any subsequent renewal Subscription Period. You hereby authorize RTR or our third party payment processor to charge your payment card for the applicable Unlimited subscription fee on a monthly or recurring pre-pay basis until you cancel. The subscription fees include shipping and limited insurance, covering minor mishaps but not significant damage, loss or theft. Unlimited subscription fees are non-refundable except as expressly set forth in these Terms. Taxes may apply on Unlimited subscription fees.


UPGRADES. During any Subscription Period, you may add on the ability to rent additional Unlimited Program Products in addition to your standard four (4) Products (each, a “Extra Spot”) for an additional “Extra Spots Fee(s)” (as calculated below). You may select the number of Extra Spots you wish to purchase at any time during a Subscription Period. The Extra Spots Fee(s) shall be calculated as follows: $39.00, multiplied by the ratio of the remaining days in the Subscription Period divided by the Subscription Period, multiplied by the total number of Extra Spots (rounded up to the nearest cent). The Extra Spots Fee(s) are subject to change at our discretion. You will continue to be charged the Extra Spots Fee(s) for each Extra Spot until you remove an Extra Spots from your account. If you wish to remove Extra Spots, you must either call Customer Service at 1-800-509-0842 or remove Extra Spots through the Site or App prior to your next Subscription Period. Once you’ve removed an Extra Spot, to avoid being charged late fees, you must return the corresponding Unlimited Program Product by the end of the applicable Subscription Period for which you remove the Extra Spot (the “Extra Spot Return Date”), and you will no longer be charged the Extra Spots Fee(s) as of your next Subscription Period. If you remove an Extra Spot and fail to return the corresponding Unlimited Program Product by the Extra Spot Return Date and before the end of the subsequent Subscription Period, then as of that date you will again be charged the monthly Extra Spots Fee(s) until you remove the Extra Spot and return the corresponding Unlimited Program Product.


Cancellation of Your Membership. There are no refunds to a pre-paid Unlimited membership. Your monthly Unlimited subscription automatically renews and you will be billed every 30 days. To cancel your monthly membership, email or call us at 1-800-509-0842. You must return your Unlimited Program Products before the end of your current bulling period (located in account settings) to avoid additional fees. If RTR does not receive your Unlimited Program Products by the end of your billing period in which you want to cancel your membership, RTR will charge you 100% of the retail price or value of each Unlimited Program Product.


Delivery. All deliveries will be through RTR's shipping partners, which may change from time to time at our discretion. The shipping method used will be at the discretion of RTR. The courier services described in Section 2(A) will be available for deliveries in New York City. We will provide you with information about estimated delivery and arrival times of Unlimited Program Products through the Site or App. The Products we send to you will be professionally cleaned and delivered ready to wear. We professionally clean, sterilize and inspect each Product we send to you, but use of the Products is at your own risk and RTR shall not be held liable for any health-related complaints associated with any Product.


Returns. With each shipment of Products we send you, we will include one Return Packaging (which may be our RTR carrying case – as defined in section 2(b)), which you can use to return one (1), some or all of the Unlimited Program Products you currently have. If you have four (4) Products, you must return at least one (1) Product to us in order to be eligible to receive another. When we receive any returned Products from you, the next shipment we send you will contain the same number of Products that you have returned. We will use reasonable efforts to send you new Products promptly upon processing your return, but you acknowledge that as a result of processing and delivery, there will be a delay between your return of a Product and receipt of a new Product through Unlimited. You agree to return any Product using the Return Packaging, including the RTR carrying case (as defined in Section 2(B)).


Additional Obligations. Without limiting the application of the rest of these Terms, all of your obligations set out under Sections 2(A) and (B), including but not limited to the obligations relating to receipt and care of Products, apply to your participation in Unlimited, except to the extent they conflict with this Section 3(C). Except as expressly stated in this Section 3(C), none of the limited warranties set out under Section 2(B) apply to Unlimited Program Products.


Damage, Failure to Return Products. Unless you cancel your Unlimited subscription, it will automatically renew on a monthly or recurring pre-pay basis. You expressly authorize us to collect the applicable subscription fee and any taxes, using any payment card on record for you, in connection with any such auto-renewal. You may cancel your Unlimited subscription or find out more information about your Unlimited subscription, including your monthly or recurring pre-pay renewal date, by contacting help@renttherunway.com. As soon as you cancel, you will not be eligible to receive any additional Products through Unlimited. You may continue to keep Products you have already received through Unlimited, but you must return to RTR all such Products on or before the last day of the applicable subscription period during which you cancel. If we don't receive your items on time, you will be charged up to 100% of the retail price. You will not be entitled to any refund of subscription fees.


Changes to and Termination of Unlimited. AAs Unlimited is a beta program, we reserve the right to modify Unlimited (including the subscription fee) or terminate Unlimited or your Unlimited subscription at our sole discretion without prior notice. If we terminate your Unlimited subscription, we will provide you with, as determined in our sole discretion, either (a) a prorated refund for the remainder of your current applicable subscription, or (b) continued access to Unlimited for the remainder of that applicable period, in accordance with these Terms. However, we will not give any refund for termination related to conduct that, in our discretion, violates any terms set out in these Terms or any applicable law. If we choose to provide you with continued access to Unlimited for the remainder of that applicable period of your subscription, you will continue to have access to Unlimited during that period, except that we will not send you any Products within ten (10) days of the end of that period. Prior to the end of that period (or, if we do not provide you with continued access to Unlimited, immediately upon our termination of Unlimited or your Unlimited subscription), you must also return to RTR all Products you have received in connection with Unlimited.


Corporate Subscriptions. If you subscribe to Unlimited through a corporate partnership with your employer, you are subject to our Terms of Service, including without limitation the terms detailed above under this Unlimited Section. RTR will charge you a monthly subscription fee that will automatically renew and you will be billed every 30 days to your payment method on file. After your subsidized corporate subscription ends after the first six months, your membership automatically renews and you will be billed every 30 days at the full monthly amount thereafter to your payment method on file. To cancel your monthly membership, email or call us at 1-800-509-0842. You must return your Unlimited Program Products before the end of your current bulling period (located in account settings) to avoid additional fees. If RTR does not receive your Unlimited Program Products by the end of your billing period in which you want to cancel your membership, RTR will charge you 100% of the retail price or value of each Unlimited Program Product.



D. RTR Update Program.


The following additional terms and conditions apply if you subscribe to our RTR Update program (“RTR Update”).


RTR Update PROGRAM. If you subscribe to RTR Update, during the first Billing Period (which is defined in the “SUBSCRIPTION FEES” paragraph below), you will be entitled to rent up to four Products for that Billing Period from a curated edit of Products designated on the Site (the “RTR Update Products”). Products not included in RTR Update are determined by us in our sole discretion. Products not eligible for RTR Update include, without limitation: high-priced formal wear, RTR’s higher-end designers, and other items on our site that may be limited by availability or geographic concerns. Subject to your compliance with these Terms (including payment of fees) and our right to terminate RTR Update, you may keep the four RTR Update Products for as many Billing Periods as you wish as long as your account is in good standing. At the beginning of each subsequent Billing Period, you will be entitled to one free shipment (which means one outgoing shipment and one return shipment) (a “Shipment”), where you can exchange any number of RTR Update Products you have at home for new RTR Update Products you select via our Site or App (but not more than the total number of RTR Update Products you have at home). You may use your Shipment at any time during the then-current Billing Period. If you do not use your Shipment during a Billing Period, it will expire at the end of that Billing Period (meaning, you will not have more than one available Shipment during any Billing Period). You are expected to promptly return the RTR Update Products you are exchanging under your Shipment as explained in the “RETURNS; LATE FEES” paragraph below. Using your Shipment is your only chance to exchange RTR Update Products during any Billing Period at no additional cost to you. If any RTR Update Products that you receive via your Shipment (or RTR Update Products that you receive in your first Billing Period) don’t fit you, you may use one flat-fee swap (a “Fit Replacement”) within 48 hours of receiving that Shipment to exchange those RTR Update Products for new RTR Update Products. If you do not initiate a Fit Replacement on our Site, App or by calling Customer Service at 1-800-509-0842, within 48 hours after receiving your Shipment, then you will lose your Fit Replacement for that Billing Period. After initiating a Fit Replacement indicating the RTR Update Products you would like to exchange, you will have 48 hours to select replacement RTR Update Products. If you do not select replacement RTR Update Products within 48 hours after initiating a Fit Replacement, you will lose that Fit Replacement. Once you complete a Fit Replacement by selecting replacement RTR Update Products, you will be charged a flat-rate fee of $12.95, and you are expected to return the RTR Update Products from your Shipment that you are exchanging as explained in the “RETURNS; LATE FEES” paragraph below. Any RTR Update Products you receive as a result of a Fit Replacement must be returned if you choose to exchange them when using your next Shipment.


Subscription FEES.RTR will charge to the payment method you provided a subscription fee on the date that you sign up for a RTR Update membership (or the date indicated by RTR for customers whose RTR Update memberships were migrated as of July 24, 2018. This date is your Billing Date. The subscription fee will automatically renew, meaning RTR will automatically charge to your payment method on file the then-current subscription fee during each subsequent month of your RTR Update membership on the exact same date of such month as your Billing Date (however, if your Billing Date does not exist in a given month, you will be billed on the last day of that month). The period between your Billing Dates is referred to as a Billing Period. As of your first Billing Date, your RTR membership becomes active for your first Billing Period and you are eligible to participate in the RTR Update program, subject to these Terms. Your membership will remain active, and you will remain eligible to participate in the RTR Update program for subsequent Billing Periods after each successful billing on subsequent Billing Dates. Please note that you may only have one RTR subscription membership at one time (meaning, you cannot have an RTR Unlimited and RTR Update subscription simultaneously, but you may still rent Products through Reserve or PRO as an RTR Update member). The current RTR Update subscription fee is $89 plus tax per Billing Period, but is subject to change at our discretion, and any such change will be effective for any subsequent Billing Period. You hereby authorize RTR or our third party payment processor to charge your payment card for the applicable RTR Update subscription fee on recurring pre-pay basis until you pause or cancel. The subscription fee includes shipping and limited insurance, covering minor mishaps but not significant damage, loss or theft. RTR Update subscription fees are non-refundable except as expressly set forth in this Section 3(D). You will be responsible for all taxes in connection with the subscription fee. Any taxes will be determined based on your shipping address provided at checkout.


PAUSE OR CANCELLATION OF YOUR MEMBERSHIP. You may pause or cancel your membership at any time before the beginning of the next Billing Period by contacting the Member Concierge at concierge@renttherunway.com or 1-800-509-0842. If you want to pause your membership, you may choose to pause for up to three months (or you can indicate a specific date on which you want your membership to resume within a maximum three month period). To successfully pause your account, you must return all RTR Update Products no later than the last day of the then-current Billing Period. If you fail to return all RTR Update Products in time, your account will remain active and regular billing for your RTR Update membership will automatically continue. During the Billing Period in which you contact RTR to pause your membership, you will have until seven days before the end of that Billing Period to use your Shipment for that Billing Period. During the time in which your account is successfully paused, you will not be billed and you will not be eligible for any of the benefits of your RTR Update membership, except you will still be eligible for a 25% discount on Reserve rentals. The first day after the end of your RTR Update account’s paused period will mark your new Billing Date, and on that day regular billing for your RTR Update membership will automatically resume and your regular access to your RTR Update membership will automatically resume. If you cancel your membership, you must return all RTR Update Products in your possession no later than the last day of the then-current Billing Period. After that day, your RTR Update membership will become inactive. If you fail to return all RTR Update Products in time, you will be subject to late fees as described in the “RETURNS; LATE FEES” paragraph below.


DELIVERY. All deliveries will be through RTR’s shipping partners, which may change from time to time at our discretion. The courier services described in Section 2(A) may be available for deliveries in New York City. We will provide you with information about estimated delivery and arrival times of RTR Update Products through the Site or App. We will use reasonable efforts to send you new RTR Update Products promptly after you submit your choices, but you acknowledge that as a result of processing and delivery, there may be a delay between your return of RTR Update Products and receipt of new RTR Update Products. The RTR Update Products we send to you will be professionally cleaned and delivered ready to wear. We professionally clean, sterilize and inspect each RTR Update Product we send to you, but use of the RTR Update Products is at your own risk and RTR shall not be held liable for any health-related complaints associated with any RTR Update Product.


RETURNS; Late fees. When we send you Products, we will include one Return Packaging (which may be our RTR carrying case, as defined in Section 2(b)), which you must use to return RTR Update Products. The Return Dates are as follows:
- If you are exchanging any RTR Update Products as part of your Shipment, you must return those RTR Update Products no later than 48 hours after you select and order new RTR Update Products to be sent to you in your Shipment.
- If you are exchanging any RTR Update Products as part of a Fit Replacement, you must return those RTR Update Products no later than 48 hours after you are billed for that Fit Replacement.
- If you are returning any RTR Update Products because you are cancelling your RTR Update membership, you must return all RTR Update Products in your possession no later than the last day of the then-current Billing Period in which you cancelled your RTR Update membership.
If you fail to return RTR Update Products by the applicable Return Date, RTR reserves the right to charge you a late fee of $15 per RTR Update Product that is not returned on time. If RTR still has not received RTR Update Products in your possession within five days after the applicable Return Date, RTR reserves the right to charge you the RTR Update members-only purchase price for each RTR Update Product not returned as of that date (less any late fees already charged to you for that RTR Update Product, plus any applicable taxes). RTR will not accept any refunds in such cases. You agree to return RTR Update Products using the Return Packaging, including the RTR carrying case (as defined in Section 2(B)). If you fail to return the RTR carrying case, RTR reserves the right to charge you $50.


UPGRADES; Item Upgrades. During any Billing Period, you may add on the ability to rent RTR Update Products in addition to your standard Four Items (each, an “Add On”) for an additional fee of $25 for each Add On per Billing Period (the “Add On Fee”), but is subject to change at our discretion. You may select the number of Add Ons you wish to purchase at any time during a Billing Period. You will continue to be charged the monthly Add On Fee for each Add On until you remove an Add On from your account. If you wish to remove Add Ons, you must either call Customer Service at 1-800-509-0842 or remove Add Ons through the Site or App prior to your next Billing Period. Once you’ve removed an Add On, to avoid being charged late fees, you must return the corresponding RTR Update Product with your next Shipment at the beginning of your next Billing Period (the “Add On Return Date”), and you will no longer be charged the Add On Fee as of your next Billing Period. If you remove an Add On and fail to return the corresponding RTR Update Product by the Add On Return Date, RTR reserves the right to charge you a late fee of $15 per RTR Update Product that is not returned on time. If you remove an Add On and fail to return the corresponding RTR Update Product by the Add On Return Date and before the end of the subsequent Billing Period, then as of that date you will again be charged the monthly Add On Fee until you remove the Add On and return the corresponding RTR Update Product.


CHANGES TO AND TERMINATION OF RTR Update. Because RTR Update is a beta program, membership is limited and may not always be available. Further, as RTR Update is a beta program, we reserve the right to modify RTR Update (including the subscription fee) or terminate RTR Update or your RTR Update membership at our sole discretion without prior notice. If we terminate your RTR Update membership during any Billing Period, we will provide you with, as determined in our sole discretion, either (a) a prorated refund for the remainder of that Billing Period, or (b) continued access to RTR Update for the remainder of that Billing Period, in accordance with these Terms. However, we will not give any refund for termination related to conduct that, in our discretion, violates these Terms or any applicable law.



E. StylePass Program.


The following additional terms and conditions apply if you subscribe to our StylePass program (“StylePass”).


StylePass PROGRAM. Join StylePass Beta at the price of the monthly subscription fee, as more fully described here. When you join StylePass Beta, you will receive access to the exclusive membership pricing of $65/rental. Your monthly subscription includes 1 dress rental each month, good for one dress and a free backup size, including shipping amd insurance, which can be redeemed at any time as long as you are a member in good standing. These rentals do not expire. Additionally, you may always rent additional dresses at $65/rental, which includes 1 dress + free backup size, including shipping & insurance. You may add a 2nd style in one size for $32.50, and may add accessories or other items at their listed rental price.


MINIMUM COMMITMENT. This membership has a 3-month minimum purchase within each annual term. Skip as often as you like as long as you fulfill the 3-month minimum per year. You will be automatically charged in the final month(s) of the annual term if you have not fulfilled your 3-month minimum commitment.


FEES. Your StylePass Beta membership will renew automatically. It will be billed on the same date every month at the then current rate to your payment on file. You will only have access to this exclusive membership pricing as long as you are an “active” (Member of StylePass Beta who has successfully been billed for their current term) member of the StylePass Beta program. Membership fees are non-refundable.


SKIP. You can skip your next term at any time prior to your next billing period so long as you meet the minimum requirement of 3-months per year. If you skip your next billing period, you will be automatically charged at the beginning of the next term if you do not choose to skip again. While a “skip” member (a Member of StylePass beta who has chosen to skip their current term, so has therefore has not paid for this term and is not considered active), you will still be able to redeem any outstanding rentals from previous months. However, you will not have the option to purchase additional rentals at membership prices until you are an active monthly member. You may resume your membership at anytime during your skip months to become an active member again by contacting us at help@renttherunway.com. If you choose to resume your membership prior to your next bill date, you will will be billed on the date of your request, and you will be billed on that same date every month at the rate at which you signed up for the program.


PAYMENT FAILED. If your payment does not clear during a specific term, you will have one month from the failed billing date to update your billing information and remain an active member. During this one-month term, you will still have access to any outstanding rentals from previous months, but you will not be issued a new rental until your monthly payment has cleared. If you check out during this period, you will be required to update your billing information, and we will retry your monthly payment at that time. You can also update your credit card information in your StylePass settings on-site. If your payment clears within this 30-day term, your membership will become active and you will be billed on that same date every month at the rate at which you signed up for the program.


INACTIVE. If your payment has failed for a full term, you will become an “inactive” (Canceled, Payment Failed >30 days) member of the program and will lose all benefits, including access to membership pricing and any unredeemed rentals from previous months. To resume your membership, you must reach out to us at help@renttherunway.com. If you have not fulfilled your 3-month minimum, you will be responsible for paying the remainder of your outstanding balance.


MEMBERSHIP CANCELLATION. To cancel once you’ve paid your 3-month commitment, email or call us at 1-800-509-0842. Once you request a cancellation, you will have until the end of your current billing term to redeem any outstanding rentals you may have accrued. You may book up to 4-months in advance. At the end of your final term, you will no longer be charged and you will no longer be a StylePass Beta member. You will no longer have access to membership pricing of $65/rental, nor will you be able to redeem any outstanding rentals after this point.


ORDER CANCELLATION POLICY. You may cancel your StylePass rental orders subject to the following cancellation fees and policies:

  1. If you cancel fourteen (14) or more days in advance of the delivery date, there is no cancellation fee. The StyelPass rental code used will unexpire and you will be able to redeem it on your next order.
  2. If you cancel fourteen (14) or fewer days in advance of the delivery date, you will be charged a cancellation fee of $9.95 and the StyelPass rental code used will unexpire and you will be able to redeem it on your next order.

CHANGES TO AND TERMINATION OF StylePass Beta. As StylePas is a beta program, we reserve the right to modify StylePass (including the subscription fee) or terminate StylePass or your StylePass subscription at our sole discretion. If we terminate your StylePass subscription, we will provide you with, as determined in our sole discretion, either (a) a prorated refund for the remainder of your current applicable subscription, or (b) continued access to StylePass for the remainder of that applicable period, in accordance with these Terms. However, we will not give any refund for termination related to conduct that, in our discretion, violates any terms set out in these Terms or any applicable law. If we choose to provide you with continued access to StylePass for the remainder of that applicable period of your subscription, you will continue to have access to StylePass.



4. Use of the Services


A. RTR Content


Content Provided “As Is.” All content and information available through the Services, including but not limited to product descriptions and specifications, product photos, advice from stylists and photos and comments from other users (“RTR Content”) is available to you on an “as is” basis and is to be used for general information purposes only. Such information is provided on a blind-basis, without any knowledge as to your identity or specific circumstances. The RTR Content is provided with the understanding that such information does not constitute professional advice or services. As such, you agree not to rely upon or use any RTR Content as a substitute for consultation with professional advisors. As used in these Terms, the Services include the RTR Content.


Updates We may update the RTR Content, including Product descriptions and specifications, as we deem appropriate and without notice to you. If you have any questions about the existence of more current information, please send those questions to legalinfo@renttherunway.com. We take your questions and requests for information seriously, and we will use reasonable efforts to respond in a timely manner. However, we cannot guarantee a prompt response in all cases.


B. Third Party Content


Links to Third-Party Websites. The Services may contain links or references to non-RTR websites, products, services or other materials or content (“Third Party Content”). This Third Party Content is provided to you as a convenience, and RTR is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any Third Party Content is independent from RTR, and RTR has no control over the Third Party Content. In addition, a link to any Third Party Content does not imply that RTR endorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa.


C. Acceptable Use Policy


Use of RTR Content. No part of the Services, including the RTR Content, may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that RTR authorizes you to view, copy, download, and print RTR Content (such as press releases and FAQs) that is available on the Site, provided that: (a) you use the RTR Content solely for your personal, noncommercial, informational purposes; (b) you do not modify the RTR Content; and (c) you do not remove any copyright, trademark, and other proprietary notices on the RTR Content.


Use of the Services. You may not use the Services to: (i) transmit any content, information or other materials that are, or which RTR considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity; (ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code; (iv) display material that exploits children under 18 years of age; (v) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; (vi) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; impersonate any other person, including but not limited to, a RTR representative; (vii) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent's consent in case of a child under 13 years of age); (viii) post or transmit 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 (ix) violate any applicable local, state, national or international laws or regulations.
You also agree that you will not (and will not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.


Indemnification for Breach. By using the Services, you agree to indemnify, hold harmless and defend RTR and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Terms.


D. Your Content


If you post, upload or make available to RTR or the Services, or otherwise submit to or through RTR as part of your use of the Services, including the Site or App, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Products (“Your Content”), you hereby grant to RTR a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site and App, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms, including Section 4(C), and that 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 RTR to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content 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 Your Content.


E. Your Account


Access to parts of the Services requires the creation of a user account, including a user name and password that you choose upon registration. You are solely responsible and liable for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your account information and all use or charges incurred from use of the Services with your account. You agree to notify RTR promptly of any unauthorized use of your account or password.


F. Delays


There may be delays, omissions, or inaccuracies in the Services, including the RTR Content. The Service may become unavailable due to maintenance or malfunction of computer equipment or other reasons.


G. Job Postings


RTR may list open employment positions on or through the Services. These postings are for informational purposes only and are subject to change without notice. You should not construe any information on or made available through the Services as an offer for employment or promotion or solicitation for employment not authorized by the laws and regulations of your locale.



5. INTELLECTUAL PROPERTY


A. Ownership of the Services


The Services, including the RTR Content, including all intellectual property rights in and to the Services and any changes, modifications or corrections thereto, are the property of RTR and its affiliates and licensors, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, “Rent the Runway” and the RTR logo are registered trademarks of Rent the Runway, Inc., under the applicable laws of the United States and/or other countries. Other RTR product or service names or logos appearing on or through the Services are either trademarks or registered trademarks of RTR and/or its affiliates. All other product names are trademarks or registered trademarks of their respective owners. RTR and its affiliates and licensors reserve all rights in and to the Services not granted expressly in these Terms.


Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the Services or any RTR Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of RTR or such third party that may own such RTR Content.


B. Services License


Subject to your compliance with these Terms, RTR grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes.


C. App License


Subject to the terms of these Terms, RTR grants to you a limited, non-transferable, non-exclusive, revocable license to download, install and use one copy of the App in object code form only on an interactive wireless device that you own or control.


Acknowledgment. The following applies to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and RTR, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and RTR acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and RTR acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, RTR, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third party terms of agreement when using the App. You and RTR acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to your license of the App, and that, upon your acceptance of the Terms, Apple 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.


D. Feedback


By sending us any feedback, ideas, suggestions, documents or proposals (“Feedback”), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights in the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that RTR may use your Feedback without restriction or obligation to you or any third party.


E. Notice and Take Down Procedures; Copyright Agent


If you believe any RTR Content infringes your copyright, you may request removal of those materials (or access thereto) by contacting RTR’s copyright agent (identified below) and providing the following information: identification of the copyrighted work that you believe to be infringed, including a description of the work, and where possible a copy or the location (e.g., URL) of an authorized version of the work; identification of the material that you believe to be infringing and its location, including a description of the material and its URL or any other pertinent information that will allow us to locate the material; your name, address, telephone number and e-mail address; a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; a statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and a signature or the electronic equivalent from the copyright holder or authorized representative.


RTR's agent for copyright issues relating to the Services is as follows:

Copyright Agent Rent the Runway, Inc. 345 Hudson Street, Suite 6A, New York, NY 10014 E-Mail address: CopyrightAgent@renttherunway.com

In an effort to protect the rights of copyright owners, RTR maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Services who are repeat infringers./p>

6. TERMINATION


A. Termination By You


You may deactivate your account and discontinue your use of the Services at any time. In order to deactivate your account, please contact us at help@renttherunway.com. You understand that Your Content may continue to exist and be used on or through the Service even after such deactivation.


B. Termination By RTR


Any violation of these Terms, including any of the prohibitions in Section 4(C), may result in suspension or termination of your access to the Services and/or removal of Your Content. RTR may also terminate your account if RTR determines that your conduct poses a risk or liability to RTR, or for any other reason as determined by RTR in its sole discretion.


C. Effects of Termination


In each of these cases, the Terms will terminate, including your license to use the Services, except that the following sections shall continue to apply: 2(A) (Collections), 2(B) (Rental Fee, Late Fees, Lost Return Packaging), 2(C), 3(A) (Failure to Pay Fees), 4(A)-(D), 5(A), 5(C) (Acknowledgment), 5(D), 6(C), and 7-9, including the mandatory arbitration and class-action waiver provisions.



7. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY


A. Limited Warranties


The limited warranties set out in Section 2(B) for rentals apply only to you and may not be assigned, sold or transferred to any third party. No other warranties are granted by RTR in connection with the Services or Products. The limited warranties shall not apply to any matters arising from your violation of these Terms.


Your sole and exclusive remedy and RTR's sole and exclusive liability for a breach by RTR of the limited warranties set out in Section 2(B) shall be, at RTR's option, RTR's use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of your Rental Fee, as applicable (excluding insurance and delivery charges).


B. Disclaimer of Warranties


EXCEPT FOR THE LIMITED WARRANTIES SET OUT IN SECTION 2(B), THE SERVICES AND PRODUCTS, INCLUDING ALL TRIAL PROGRAMS, ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, RTR DOES NOT WARRANT THAT: (I) THE SERVICES, INCLUDING THE RTR CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS. THIS DISCLAIMER DOES NOT APPLY TO NEW JERSEY RESIDENTS OR TRANSACTIONS OR WHERE OTHERWISE PROHIBITED BY LAW.


C. Limitation of Liability


UNDER NO CIRCUMSTANCES SHALL RTR BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF RTR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE AS SET FORTH UNDER SECTION 7(A) OR TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THESE TERMS. THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO NEW JERSEY RESIDENTS OR TRANSACTIONS OR WHERE OTHERWISE PROHIBITED BY LAW.



8. DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER


This Section 8 includes an arbitration agreement and an agreement that all claims will be brought either in arbitration or in small claims court and, in either case, only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully.


A. Informal Process First


Both you and RTR agree that in the event of any dispute between us, you and RTR will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution.


B. Mandatory Arbitration of Disputes


All disputes between you and RTR will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of RTR or you, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its Commercial Arbitration Rules at the request of either RTR or you pursuant to the following conditions:


(a) Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will conducted at a JAMS facility in your area or at a JAMS facility in New York City.


(b) Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.


(c) Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Service, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.


(d) Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.


(e) Costs and Fees. You will be subject to a $250 filing fee to initiate an arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration, with RTR remaining responsible for its share of costs, expenses and fees plus any costs, expenses and fees required of it under JAMS procedures.


(f) Litigation. The Federal Arbitration Act and federal arbitration law apply to this Agreement. Either party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy). We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.


(g) Other. The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions.

C. Class Action Waiver


The parties expressly waive any ability to maintain any class action in any forum. Any arbitration, claim or other proceedings by or between you and RTR shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.



9. MISCELLANEOUS


Jurisdictional Issues. RTR makes no representation that the Services are appropriate or available for use outside the United States. Those who choose to access the Services or any part thereof from outside the United States do so at their own risk and are responsible for compliance with applicable local laws. The Services may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that RTR intends to announce or make available such products or services to the general public, or in your country. Contact RTR at help@renttherunway.com to determine which products and services may be available to you.


Export Laws. The laws of the United States of America prohibit the export of certain software and data to particular persons, territories, and foreign states. You agree not to export the Services, including the RTR Content, or any part thereof, in any way, in violation of United States law.


Governing Law and Venue. These Terms are governed and interpreted pursuant to the laws of the State of New York, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that, notwithstanding the mandatory arbitration provision we have agreed to above, results in court action, shall be resolved exclusively by a state or federal court located in New York County, New York, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens.


Entire Agreement. These Terms are the entire agreement between you and RTR relating to the subject matter herein and shall not be modified except by RTR in accordance with these Terms, or as otherwise agreed in writing by you and RTR. No employee, agent or other representative of RTR has any authority to bind RTR with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.


Severability and Waiver. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The preceding sentence does not apply to New Jersey residents or transactions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.


Assignment. You may not assign or transfer these Terms or any of your rights or obligations under these Terms. RTR may assign these Terms at any time without notice to you.


Force Majeure. RTR will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond RTR’s reasonable control.


Contact Information. Please send any questions or comments, or report violations of these Terms, to RTR at legalinfo@renttherunway.com or Rent the Runway, Inc., Attn: Legal, 345 Hudson Street, Suite 6A, New York, NY 10014.



NEW! Add your favorites to a shortlist to organize for upcoming occasions.

Click a <3 to start!

×

We created a shortlist for

Click the <3 to save your favorites

×