Terms of Service
Please read these terms of service carefully as they contain important information regarding your legal rights, remedies, and obligations. By using our site or services, you agree to the Terms of Service provided below.
RAWWWR LLC (“RAWWWR,” “we,” “our,” or “us”), provides an online platform to connect renters and lenders of fashion apparel (the “Platform”). RAWWWR is accessible online at rawwwr.com and as an application for mobile devices. RAWWWR’s Platform, website, mobile applications, and associated services are collectively referred to as “the Services.” The terms and conditions stated below (collectively, the “Agreement”) constitute a legal agreement between you and RAWWWR. In order to use any of the Services, you must agree to the terms and conditions in this Agreement. Your use of the Services will be governed by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as published from time to time on our website. If you do not agree to the terms below, please do not use the Services. If you have any questions or concerns about this Agreement, please contact us at [email protected]
We reserve the right to modify this Agreement at any time. Any modifications will be effective upon posting an updated version of this Agreement at www.rawwwr.com/terms-of-service. You are responsible for regularly reviewing this Agreement, and your continued use of the Services or any services that we provide after any changes have been made will constitute your consent to such changes. You can reject any new, revised, or additional terms by discontinuing use of the Services and any services that we provide.
Users who rent apparel using the Services will be referred to as “Renters.” Users who lend apparel through the Website will be referred to as “Lenders.”
4. Fees and Payment Terms
RAWWWR may charge fees to Lenders and Renters (collectively, “Service Fees”) in addition to the rental fees provided in Section 4.1.1 and 4.1.2, in consideration for the use of the Services. RAWWWR reserves the right to temporarily reduce or eliminate Service Fees to all or certain subsets of users for promotional purposes, in its sole discretion.
Each Lender agrees to pay RAWWWR a minimum transaction fee of $10 USD for each item rented through RAWWWR, and each lender further agrees to pay any processing fees for each transaction, which is charged to us by our third-party payment processor, Stripe.
188.8.131.52. Shipping Fees
Lender’s shipping fees will vary based on whether Lender elects to offer free shipping to Renters. If Lender does not offer free shipping, Lender will be responsible for the cost of a one-way shipping label. If Lender does offer free shipping, Lender will be responsible for round-trip shipping costs.
To the extent applicable, each Renter agrees to pay the following fees in addition to the rental cost of the item rented:
Unless the Lender elects to offer free shipping, Renter will be responsible for shipping fees associated with their rental.
For each day that a rented item is late following the scheduled return date, the Renter will be charged a late fee equal to the daily rental cost of the item rented. Late fees will be capped at two times the retail value of the item. If a Renter’s late fees on a particular reach the late fee cap, then the unreturned item will be considered lost and/or stolen and the Renter will be responsible for all costs associated with replacing the item.
4.2. Item Rental Fees
A Lender may set or adjust the rental cost for each item it posts for rent in its sole discretion.
4.3. Payment Terms
Upon Lender’s acceptance of a Renter’s booking request pursuant to Section 6.1 below, Renter’s credit card will be charged the pre-authorized amount (including the item rental cost and shipping fee, as applicable). Once the rented item has been received and signed for by Renter, RAWWWR will remit payment of the item rental cost to Lender, minus (i) all shipping fees Lender is responsible for and (ii) the transaction fees described above.Renter hereby agrees that RAWWWR may charge any late fees to the Renter’s credit card through its third party payment processor, Stripe. RAWWWR will remit to Lender payment of any late fees collected from Renters within 10 business days of collecting the late fees.
5. Creating a RAWWWR Account
To make use of the Services, you are required to create an account with RAWWWR through the website (a “RAWWWR Account”). You can register a RAWWWR Account using an email address and password, or through an existing account with certain third-party social networking services, such as Facebook or Google. By registering an account, you agree to provide accurate, current, and complete information about yourself as prompted. When registering for an account, you will be required to select a username and password that will be used to access your account. You are responsible for protecting your password. You agree that you will not disclose your password to any third party. If you wish to delete your account, you can do so by submitting an Account Deletion Request, which you can access through your account settings. Unless you cancel your Account Deletion Request within 48 hours of submitting the Account Deletion Request, RAWWWR will remove and delete all data associated with your RAWWWR Account.
6.1. Booking Requests
To rent an item, a Renter must submit a booking request for specific rental dates. Once a Renter makes a booking request for an item, the Lender will have 72 hours to accept or decline the request. If Lender accepts the booking request, the Lender will receive an email from RAWWWR to download a pre-paid shipping label.
The Lender must ship the rented item, using the pre-paid shipping label, to arrive on or before 3:00 pm PST on the first day of the rental period. The Renter must sign for the shipment upon receipt.
6.3. Return Policy
If the Renter is dissatisfied with the rented item, Renter must submit a claim to [email protected] within 12 hours of receipt of the rented item. If the item is unsanitary, dirty, unwearable, or not as described in the rental listing, RAWWWR will provide a full refund of all rental costs and Renter Fees paid upon the return of the rented item. RAWWWR has no obligation to provide a refund for any return claims submitted more than 12 hours after delivery.
When necessary, we will communicate with you electronically by e-mail or by posting notices at www.rawwwr.com. At any time, you may alter your communication preferences by logging into your RAWWWR Account and choosing the email communications you want to receive via the Email Preferences menu; however, there are certain emails you may not opt out of. Additionally, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
8. Representations and Responsibilities
8.1. User Representations and Responsibilities
8.1.1. User understands and agrees that their access to the Services is subject to this Agreement.
8.1.2. User warrants that they have accurately identified themselves through their account and will maintain the accuracy of such identification.
8.1.3. User warrants that all information they provide to RAWWWR is true and accurate and that they will notify RAWWWR if any such information becomes inaccurate in the future.
8.1.4. User understands that failure to comply with the terms and conditions of this Agreement may result in the termination of their access to the Services.
8.1.5. User agrees that they are responsible for protecting their RAWWWR Account password. User agrees that they will not disclose their password to any third-party.
8.1.6. User agrees that they will not share their Account with anyone or allow others to access their Account.
8.1.7. User understands that if they use third-party password storing features, using such features may weaken their Account security.
8.1.8. User agrees that they will not upload any content, including text, photos, or other multimedia, to the Website that infringes on anyone else’s copyright or other intellectual property rights or that is otherwise offensive or inappropriate, as determined within RAWWWR’s sole discretion.
8.2. Additional Lender Representations
Lender represents and warrants that it is the lawful owner, or agent of the lawful owner, of the Fashion Apparel it claims to own. Further, Lender represents and warrants that the Fashion Apparel that it rents through RAWWWR’s services are of good quality, products of the original manufacturer of such goods, and will be cleaned and maintained in such manner as to provide Renters with the ability to wear all rented Fashion Apparel on the day it is received by a Renter. Lender acknowledges that RAWWWR may restrict Lender’s access to the Website if RAWWWR determines (in its sole discretion) that Lender has made any misrepresentations or is failing to fulfill its obligations under this Agreement.
9. Third-Party Payment Services
RAWWWR partners with PayPal and Stripe to facilitate card payments and other payments and the disbursement of funds to Lenders. If there are insufficient funds in your bank account when our provider processes the payment for your purchase, RAWWWR reserves the right to contact you directly and to seek payment.RAWWWR may share your personal or transactional information with our third-party service payment processors when it’s necessary to process payments. By using a third-party payment processor, you may also be subject to an agreement with the third-party. For example, your use of PayPal is subject to the PayPal User Agreement, and your use of Stripe is subject to the Stripe Checkout User Terms of Service.
10. Damaged Property; Disputes Between Users
Each Renter agrees to return the rented property to the Lender in the same condition as Renter received it. If the property is damaged, Renter will be liable to Lender for the damage. Although RAWWWR will take reasonable steps to assist Renters and Lenders in resolving any disputes that arise from use of the Services, Renters and Lenders agree that they are solely responsible for resolving disputes and that RAWWWR is not required to intervene in any dispute between a Renter and Lender. You agree to immediately and permanently release RAWWWR from any claims, demands, and damages arising out of any disputes with other users.
11. Grant of License
RAWWWR agrees to grant a non-exclusive license to User to use the Services for the sole purpose of facilitating the rental of the fashion apparel. User may not share or transfer your RAWWWR Account access or credentials or allow anyone other than User to access your RAWWWR Account on your behalf. User may not rent, lease, lend, sell, redistribute, or sublicense access to the Services. User may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the website, Platform, or any updates to or individual parts or components of either. Any attempt to do so will be considered a violation of this Agreement. The terms of this license will govern any upgrades provided by RAWWWR that replace or supplement the Services. If an upgrade is accompanied by a separate license, then the terms of that license will govern.
12. Ownership of Intellectual Property
RAWWWR retains all right, title, and interest in and to the Services, including without limitation all software we created to provide the website and Platform, and all intellectual property, including, without limitation, all ideas, logos, copyrights, trademarks, or other information provided by you or any other party relating to the Services. This Agreement does not grant you any intellectual property rights in or to the Services, or any of the individual parts or components of the Services.
13. Proprietary Rights
RAWWWR, or its suppliers and licensors, own and will continue to own all title, ownership rights, and intellectual property rights in the website and Platform. User acknowledges RAWWWR’s ownership and intellectual property rights, and User will not take any action to interfere in any manner with RAWWWR or our suppliers’ or licensors’ ownership of or rights with respect to the website and Platform. Any changes to, modifications to, or derivative works of the website and Platform will become our exclusive property. The Platform is protected by copyright and other intellectual property laws.
None of the brands listed on the website assume any responsibility for any products rented from or through the website. Brands listed on the website are not partnered or affiliated with RAWWWR in any manner.
15. Prohibited Activities
We reserve the right to investigate and terminate your RAWWWR Account if you have misused the Services or behaved in any way which could be regarded as inappropriate or unlawful. Such actions include, but are not limited to:
15.1. Attempting to decompile, disassemble, or reverse engineer any of the software used to provide the Services;
15.2. Violating any privacy laws;
15.3. Transmitting any other person’s private or confidential information without their consent, including, but not limited to, any other person's credit card information, non-public phone numbers, non-public addresses, or non-public email addresses;
15.4. Transmitting material that you know is untrue, false, or misleading;
15.5. Transmitting any material that contains software viruses or any other computer code, files, or programs, designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
15.6. Breaching or attempting to breach our security measures, or penetrating or attempting to penetrate our computer software, hardware, electronic communication system, or telecommunications systems to access stored data; or
15.7. Transmitting any material that is unlawful, or which threatens or encourages illegal activities, or which harms the rights of others.
15.8. Using any portion of the website to build a business, or creating or making any commercial use of derivative works or materials;
15.9. Removing, altering, interfering with, or circumventing any (a) copyright, trademark, or other proprietary notices on the website, or (b) any advertisement on the Website.
15.10. Reproducing, distributing, or modifying any content provided by the website without our express consent;
15.11. Using any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to mine or aggregate data from the website; or
15.12. Taking any action that may impose an unreasonable burden or load on the website or its servers and infrastructures.
15.13. Any violation of system or network security may subject you to civil liability, criminal liability, or both.
16. Inappropriate Content
You agree not to upload, download, display, perform, transmit, or otherwise distribute on the Website any content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening, (b) advocates or encourages conduct that could constitute a criminal offense, gives rise to civil liability, or otherwise violates any applicable law or regulation; or (c) advertises or otherwise solicits funds for anything other than apparel and fashion accessories. We reserve the right to terminate your distribution of any such material, and, to delete any such material from the website and our servers. We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.
17. Risk of Loss
The risk of loss for all items rented through RAWWWR passes to the Renter upon delivery of the rented item and will remain with the Renter until the rented item is delivered back to the Lender.
18. Damaged, Lost, and Stolen Items
RAWWWR will hold Renters accountable for any rentals that are damaged, lost, or stolen during the rental period and will be charged the fair market value of the item. You agree that RAWWWR will have discretion to determine whether the property was damaged, and if RAWWWR does determine that the property was damaged, RAWWWR is authorized to charge Renter for the damage. You also agree that RAWWWR is not responsible for items that are lost or stolen during the delivery or return process. If an issue arises related to shipping, the Lender or Renter (whichever sent the package in question) will be responsible for contacting the shipping carrier directly. Although RAWWWR will take reasonable steps to assist Renters and Lenders in resolving any issues that arise with shipping carriers, Renters and Lenders agree that they are solely responsible for resolving these issues. It is the Renter and Lender’s responsibility to take reasonable steps to ensure delivery of the rented item, for example, obtaining a tracking number, purchasing shipping insurance, and requiring a signature upon delivery.
RAWWWR will charge renters the same daily rate at which an item was rented for every day that the item is late. An item will be deemed late starting the day after the set return ship date.
20. Product Descriptions
RAWWWR does not warrant that product descriptions or other content provided on the website are accurate, complete, reliable, current, or error-free. If a product offered through RAWWWR is not as described, does not fit properly, or is unfit to wear, your sole remedy is to ship the product to the designated return address within 12 hours of delivery for a full refund. RAWWWR will not be responsible for any copyright or intellectual property infringement associated with a product posted for rent on the website.
22. Security; Data Breach
We take reasonable steps to protect your information. However, no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information. You expressly assume the sole risk of any unauthorized disclosure or intentional intrusion, or of any delay, failure, interruption, or corruption of data or other information transmitted in connection with the use of the Services.RAWWWR will undertake reasonable efforts to ensure that data shared or stored on the Platform is and remains secure. User agrees that we will not be liable for any data breach, regardless of the cause of such breach.
RAWWWR reserves the right to share User information with third parties if RAWWWR suspects a User is conducting illegal activities or if RAWWWR feels doing so will help protect the integrity of the Services and the website’s security. In the case of suspected fraud, as well as with other suspected crimes, RAWWWR may report all necessary information, including names, addresses, and all other requested information, to the relevant authorities.
You agree to fully indemnify us, our employees, directors, officers, and affiliates, from any claims or damages resulting from your breach of this agreement or your use or misuse of the Services, including, without limitation, attorneys’ fees and costs incurred by us.
25. Disclaimer of Warranties
Except for the express representations and warranties provided in this Agreement, the Services are provided “as is” and as available, and RAWWWR disclaims all warranties, either express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, or noninfringement of intellectual property rights, to the fullest extent permitted by applicable law. Without limiting the general nature of the previous sentence, (a) RAWWWR has no obligation to indemnify or defend you against claims related to infringement of intellectual property rights; (b) although we make our best efforts to keep the site up and running, RAWWWR does not warrant that the Services will perform without error or immaterial interruption; (c) although we make our best efforts to keep the website free of any viruses or other harmful components, RAWWWR cannot make any guarantees, and we do not warrant that the website will be free of viruses or other harmful components. We are not responsible for any delays, failures, or other damages that result from issues with the Services.You acknowledge and agree to assume the entire risk associated with your use of the Services.
26. Limitation of Liability
In no event will RAWWWR be liable for any indirect, special, incidental, economic, or consequential damages, arising out of the use of or inability to use the Platform, or from the inaccuracy of any data obtained from the Platform, even if advised of the possibility of such damages.Some states or jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so in those states or jurisdictions, the above limitation or exclusion may not apply to you.
RAWWWR may send notices pursuant to this Agreement to User via the e-mail address listed on your RAWWWR Account, and such notices will be deemed received the same day they are sent. Users may send notices pursuant to this Agreement to [email protected]
, and such notices will be deemed received three days after they are sent.
28. No Assignment
User’s rights under this Agreement may not be assigned or transferred in whole or in part, by operation of law or otherwise, without RAWWWR’s express written consent.
29. No Third-Party Beneficiaries
Nothing in this Agreement, express or implied, is intended to confer on any party other than User and RAWWWR any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.
30. No Other Warranty or Representation
User agrees that they have not entered into this Agreement in reliance upon any warranty or representation by any person or entity except for the warranties or representations specifically contained in this Agreement.
31. Governing Law and Venue
This Agreement will be construed in accordance with, and governed by, the laws of the State of Washington. The parties submit to the exclusive jurisdiction of the state of Washington and federal courts for or in Seattle, King County, Washington, and agree that any legal action or proceeding relating to this Agreement must be brought in those courts.
32. No Waiver
The failure by either party to enforce any of the provisions of this Agreement, or to exercise any option provided in this Agreement, will in no way be construed as a waiver of the provisions or options.
33. Entire Agreement
This Agreement constitutes the entire agreement between the parties with regard to the subject matter of this Agreement.
This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable to any extent, then (a) the provision will be interpreted, construed, or reformed to the extent reasonably required to render the provision valid, enforceable, and consistent with the original intent underlying such provision; (b) the provision will remain in effect to the extent that it is not invalid or unenforceable; and (c) the invalidity or unenforceability of the provision will not affect any other portion of this Agreement.
409 Maynard Avenue #14537
Seattle, WA 98104
Last updated: January 2020