Rental Terms & Conditions
Last Updated April 14, 2020
This Rental Terms and Conditions Agreement (“Terms”) is between you (“you” or “your”) and Redwood Asset Recovery, LLC dba RAR Puzzles (“we,” “our,” “us,” or “RAR”) and governs your use of our website located at https://www.rarpuzzles.com (and any successor site thereto) and puzzle rentals.
Acceptance of Terms
Please review these Terms carefully; by accessing the website and renting puzzles 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 RAR. 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 website or rent puzzles if you are under thirteen (13) years old. Your access to the website and the rental of any puzzles also means that you agree to all of these Terms, and these Terms will remain in effect while you access the website or rent puzzles from RAR. These Terms incorporate by reference any additional terms and conditions posted by RAR on the website or otherwise made available to you by RAR (the “Additional Terms”), and you understand and agree that by accessing or using any of our Services, you agree to also comply with all Additional Terms.
You may not rent puzzles nor do we deliver puzzles outside of the United States. We may limit the rental of puzzles at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
We 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 our website. The “Last Updated” 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. You are responsible for providing us with your current email address when you create an account, and, if your email address changes, you are responsible for updating your account information to reflect your new email address. Your continued rental of puzzles 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 transaction or 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 don’t agree with the new Terms, you may no longer rent puzzles from us.
How to Rent Puzzles
As noted above, you must be 13 years or older to rent puzzles from RAR. You may only rent one (1) puzzle at a time. To rent puzzles you may be required to set up an account, select a username and password 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 a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person for your username. We may reject, or require that you change, any username, password or other information that you provide to us in registering for an account. You may not share your account (including your username or password) with anyone, and you must protect the security of your account, username and password. You’re solely responsible for any activity associated with your account, including all rental charges incurred from use of your account.
We may, for any reason, limit or restrict your ability to rent puzzles from RAR 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 renting puzzles for fraudulent or commercial purposes or for any other purposes in violation of these Terms or any Additional Terms.
You are responsible for: (i) the payment of rental fees, rental taxes and shipping for puzzles (if not a free shipping item) you rent, (ii) the replacement price (as listed on the website) plus applicable sales taxes for any puzzles that are lost, damaged beyond repair or not returned, (iii) the costs for missing/damaged pieces (as listed below), and (iv) any late fees accrued by you due to late returns.
Some puzzles may require a security deposit which will be noted on our website. Security deposits are paid in advance with the rental fees. Security deposits will be refunded to the payment method used to pay the security deposit within 10 business days of RAR’s receipt of the puzzle in the same condition it was in when it was shipped by RAR. Unpaid rental fees, late fees and fees for damages or missing pieces will be deducted from any security deposits received from you. Security deposits are not held in separate accounts and may be comingled with RAR’s general funds.
You must provide us with accurate shipping information so that we can timely deliver the puzzles to you and keeping this information up to date. If you provide us with a shipping address that is invalid or where you cannot securely accept the puzzles upon delivery, you are solely responsible for any resulting loss, theft, or damage to the puzzles. Following delivery to the designated address, as between you and us, you will be solely responsible for the condition of the puzzle until its return. If there is damage to the puzzle upon its arrival you must notify us within 24 hours of delivery of the puzzle to your shipping address; otherwise, you will be responsible for such damages upon the return of the puzzle. You will not be entitled to a refund of your rental fees if you do not notify us within 24 hours of delivery of the puzzle to your shipping address. You must provide pictures of the damaged packaging and puzzle to the following email address: .
RAR may cancel any rental reservation at any time for any reason. RAR may also request that a puzzle be returned prior to the end of the rental period. If RAR requires that you return a puzzle prior to the end of the rental period, you shall have 2 days after receipt of the notice to return the puzzle in accordance with the shipping instructions you received with the puzzle. If you deliver the puzzle to the shipping carrier specified on the shipping label within the 2-day period you will receive a full refund of the rental fees, subject to the puzzle being returned in the same condition it was in when it was shipped by RAR to you. You will be charged late fees if you fail to return the puzzle in accordance with this section if we request the return of the puzzle prior to the end of the rental term.
Return of Rentals
***PLEASE KEEP THE BOX IN WHICH THE PUZZLE WAS SENT TO YOU***
You agree to return the puzzle to RAR on or before the end of the rental period in the same condition it was in when it was shipped by RAR to you. RAR may allow you, at its sole and absolute discretion, to extend the rental period subject to the prepayment of any additional rental fees applicable to the puzzle for the extended rental period. You are responsible for packing the puzzle safely for its return at the end of the rental period. With the delivery of the puzzle, RAR will provide you with return instructions and a pre-paid, pre-addressed label for you to use to return the puzzle. Please return the puzzle in the same box in which it was shipped to you. RAR will not be responsible for loss, theft, or damage to the puzzle, or for any fees or expenses that you incur due to delays in RAR receiving the puzzle as a result of your failure to abide by the shipping instructions provided to you, including but not limited to, using the shipping carrier specified on the shipping label.
Care of the Puzzles; Missing/Damaged Pieces, and Other Damages
You agree to treat the puzzles (including the puzzle box) with great care. You may not remove the puzzle from your location or lend, transfer, pledge or give the puzzle to any other person. You shall not acquire any right, title or interest in the puzzle. You are responsible for any loss, destruction, missing pieces or pieces damaged beyond repair, or damage to the puzzle or the puzzle box for any reason. If you return a puzzle that is missing pieces or has pieces that are damaged beyond repair you will be charged the lesser of the listed replacement price of the puzzle or $100 per missing/damaged piece. For other damage to the puzzle you will be charged the cost of repair or replacement up to the listed replacement price of the puzzle.
Late fees will be assessed if the puzzle you rented is not received by the shipping company within 1 day after your rental period has expired. You hereby authorize us (or our third party payment processor) to charge the credit card used to process the rental fee a non-refundable late fee as follows:
Days Beyond the End of the Rental Period Late Fees
2 – 7 1 week rental fee + 20%
8 – 21 3 weeks rental fee + 20%
22 or more Full Replacement Price as listed
If you are charged the full replacement price for the puzzle because it was not returned in 22 or more days, you are permitted to retain the puzzle; however, we do not make, and expressly disclaim, any warranties of any kind with respect to the puzzle, and the puzzle is provided to you on an “AS IS” basis. Payment of any late fees does not excuse your breach of these Terms and does not limit our rights or remedies hereunder.
When you place a rental order for a puzzle, you hereby authorize RAR to charge your payment card or other payment instrument for the rental fee. You must ensure that at all times during the rental term your payment method is valid and up-to-date. You are responsible for providing complete and accurate billing and contact information to RAR and notifying RAR of any changes to such information. RAR will charge your payment method the amount of the rental fee plus any applicable rental taxes immediately upon your rental order. In addition, at the time of your rental order for a puzzle, you hereby authorize RAR to charge your payment method for any security deposit on the puzzle as set forth on the website. You further authorize RAR to charge the payment method for any additional fees that you owe pursuant to these Terms. We reserve the right to suspend or cancel a rental order in the event that we are unable to successfully charge the provided payment method. We are not responsible for errors by our third party payment processor, and we reserve the right to correct any errors or mistakes that we or they make. If we, through the third-party payment processor, do not receive payment from you as due hereunder, you agree to pay all amounts due pursuant to these Terms upon demand.
RAR does not warrant that the listings, descriptions or images of the puzzles on its website are accurate, complete, reliable, current, or error-free, or that any puzzle will be available. Such information and the availability of any puzzle are subject to change at any time without notice. RAR makes every effort to accurately display the attributes of the puzzles, however we cannot guarantee that your computer will accurately display such attributes.
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 RAR 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, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE AMOUNTS PAID BY YOU TO RAR IN CONNECTION WITH THE RENTAL FEES FOR THE PUZZLE OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RAR DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PUZZLES.
Disclaimer of Warranties
RAR does not make any representations or warranties concerning the puzzles or its website, including without limitation regarding any content contained in or accessed through the website, and RAR will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the website or any claims, actions, suits procedures, costs, expenses, damages, or liabilities arising out of or in any way related to your use of the website or puzzle rentals. We make no warranty that the puzzles will meet your requirements; nor do we make any warranty as to the results that may be obtained from the puzzle rentals or your use of the puzzle, or that the puzzles will be without defect. 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 website and/or the content on our website. No advice or information, whether oral or written, obtained by you from us through the website or otherwise will create any warranty, representation, or guarantee not expressly stated in these Terms.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE WEBSITE, PUZZLES, CONTENT, AND ANY THIRD PARTY MATERIALS ARE PROVIDED BY RAR ON AN “AS-IS,” “WHERE IS,” AND “AS AVAILABLE” BASIS, AND RAR 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, OR NON-INFRINGEMENT.
You agree to indemnify and hold RAR harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, fees, and expenses (including attorneys’ fees) arising from or in any way related to any claims, suit, action, or demand (“Claims”) relating to (i) your access to the website (including any actions taken by a third party using your account) and any puzzles you rented from us (including any failure to return such puzzles), and (ii) your violation of these Terms, or any applicable law, rules, or regulation. 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).
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 RAR’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.
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.
These Terms are the complete and exclusive statement of the mutual understanding between you and RAR, 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.
Choice of Law and Jurisdiction
These Terms are governed by and will be construed under the laws of the United States and the laws of the State of Arizona, without regard to the conflicts of law provisions thereof. Venue for all purposes shall be deemed to lie within Maricopa County, Arizona, and the appropriate federal and state courts therein have exclusive jurisdiction.