Half.com Rental Marketplace Terms and Conditions
This Half.com Rental Marketplace Terms and Conditions ("Rental Terms") is made part of the User Agreement between you and eBay, Inc. or its affiliates, as applicable ("eBay"), and is a legal agreement between you and Half.com, Inc. and its affiliates (collectively, "Half.com") that governs the terms and conditions of your use of the rental marketplace offered by Half.com ("Rental Marketplace").
Availability of the Rental Marketplace. You must be a registered Half.com member with a residence and designated shipping address in the US to rent items ("Rental Items" or "Items") through the Rental Marketplace. Rental Items are provided to you by merchants participating in the Rental Marketplace ("Merchants"), not by Half.com, eBay, or any of their affiliates.
Checkout Process. You agree to pay all fees and applicable taxes charged to you in connection with Rental Items with a valid credit card accepted by Half.com (currently Visa, MasterCard, American Express, and Discover Network). You won't provide any fraudulent, misleading, or inaccurate credit card information. To rent an Item, your credit card may not expire earlier than thirty (30) business days after the end of the applicable rental period. You may not delete any credit card information in your Half.com account during any rental period for an Item or if any claim between you, the Merchant, and/or Half.com is active.
Supplements. Half.com doesn't warrant or guarantee that any Rental Item will include any supplement, CD, or other ancillary materials (each, a "Supplement"). To the extent that any Rental Item is provided to you with a Supplement, that Supplement will be deemed to be part of the Rental Item.
Problems with Orders. If you receive an Item with Damage, receive the wrong Item, or don't receive an Item at all, you may resolve the issue by contacting the Merchant in accordance with the Half.com Buyer and Renter Protection Policy, which is hereby incorporated by reference and supersedes the Half.com Buyer Protection Policy. All references to "buyer" in the Half.com Buyer Policies will be deemed to refer to you, and all reference to "seller" therein will be deemed to refer to the applicable Merchant. "Damage" means (i) portions of text, diagrams, drawings, images, or photos are illegible or obscured; (ii) pages or covers (or portions thereof) are warped, missing, stained, unclean, mildewed, or moldy; or (iii) pages are stuck together. If you and the Merchant aren't able to resolve the issue, then you may file a Buyer Protection Claim in accordance with the Half.com Buyer and Renter Protection Policy. Please note that this form is only accessible after you have contacted the Merchant through the steps provided above. Notwithstanding anything to the contrary, Half.com will have no obligation to respond to a Buyer Protection Claim relating to the quality condition of a Rental Item (except for an Item with Damage).You may not contact the Merchant, or submit a Buyer Protection Claim to Half.com, if you've instructed your credit card company to charge back the disputed Item. Users who go though their credit card company to dispute a charge may lose their privilege to buy, sell, or rent on Half.com.
Using the Rental Item. You acknowledge and agree that Half.com reserves the right to limit the number of Rental Items that you may rent at any given time. You may rent Rental Items for the rental periods designated by Half.com ("Rental Periods"). The Rental Period for each Item will begin on the 7th business day after the rental order date ("Order Date") if you choose expedited shipping, and the Rental Period will begin for each Item on the 13th business day after the Order Date if you choose standard shipping. For example, if the Order Date is Feb. 1, 2011, then the Rental Period would begin on Feb. 10, 2011, for expedited shipping, and Feb. 18, 2011, for standard shipping.
Extensions and Buyouts. You may extend the Rental Period of an Item by paying additional extension fees or purchase an Item by paying the Buyout Price. The "Buyout Price" is equal to the retail purchase price designated by the Merchant for a new copy of the Rental Item on the Order Date plus any applicable sales tax, less the original rental fee and any extension fees paid to date.
Returning the Rental Item. Half.com will endeavor to send you due date reminders, but isn't responsible for sending or ensuring that you receive any such reminders. You're solely responsible for being aware of Rental Due Dates. You agree to return each Rental Item by following the procedure designated by Half.com. You're responsible for properly packing each Rental Item to avoid damage during shipping. Any Rental Item that isn't shipped by or on the Rental Due Date will incur late fees as described below. "Rental Due Date" is determined by counting the days in the Rental Period from the start date of the Rental Period, including the start date. For example, if the Rental Period is 30 days and begins on Tuesday, Feb. 1, 2011, then the Rental Due Date is Wednesday, March 2, 2011. If the Rental due date falls on a federal holiday, then the Rental Due Date will be adjusted to be the next business day.
Problems with the Returned Item. You agree that Half.com reserves the right to charge your credit card on file the following amounts if you: return any Rental Item in a Damaged Condition; return the wrong Item in place of the Rental Item that Half.com asked you to return (a "Wrong Item"); fail to return any Rental Item (including any related supplements that you received); or return the Rental Item after the Rental Due Date (the date of shipping, as evidenced by your postmark or shipping receipt, will be deemed the date of return):
If Item isn't returned with all related supplements that you received (if any): Buyout Price
If Item is returned in a Damaged Condition or Wrong Item returned: Buyout Price plus return shipping fees (such Items will be returned to you). "Damaged Condition" includes (i) portions of text, diagrams, drawings, images, or photos are illegible or obscured; (ii) pages or covers (or portions thereof) are torn, warped, missing, stained, unclean, mildewed, or moldy; (iii) pages are stuck together; or (iv) damage that otherwise limits readability or reusability of the Rental Item.
If Item is overdue: Late fees in an amount equal to the number of days after the due date that the Item is returned times the Daily Late Fee. The "Daily Late Fee" is calculated by dividing the rental fee for the original Rental Period by the number of days therein. Total late fees for an Item won't exceed its Buyout Price.
Privacy and Collections
Sharing of Phone Number. If you need to contact a Merchant, by entering your phone number on any Half.com page, you expressly consent to: (a) the sharing of your phone number by Half.com with that Merchant; and (b) that Merchant sending text messages to your number with reminders about your rental due dates and other aspects of your Transaction, if you choose that option. Neither Half.com nor the Merchant is responsible for any fees that your phone carrier may charge in connection with such text messages. Phone calls and text messages from a Merchant relating to your rental transactions are usually exempt from federal anti-spam and do-not-call registry laws.
Collections. You expressly consent to Half.com’s disclosure to the applicable Merchant of your personal information, including without limitation name, address, phone number, and email address, in the event that Half.com is unable to obtain payment from you for any fees charged under Section
Disclaimer. HALF.COM HEREBY DISCLAIMS ALL WARRANTIES IN CONNECTION WITH THE RENTAL ITEMS OR THESE RENTAL TERMS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. HALF.COM DOES NOT GUARANTEE THAT ANY RENTAL ITEM WILL BE AVAILABLE FOR RENT AT ANY GIVEN TIME OR WILL BE PROVIDED WITH ANY SUPPLEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE RENTAL TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
General. In the event of any conflict or inconsistency between the terms of these Rental Terms and the terms of any other agreement between you and eBay and/or its affiliates, the terms of these Rental Terms will take precedence and govern.