Acceptance of Terms

Welcome to SmartyRents. The SmartyRents.com website (the "Website") and the SmartyRents Subscription Rental Service (the "Service") are owned and operated by CJ Educational Products, LLC (hereinafter referred to as " SmartyRents ","we" or "us"). SmartyRents provides its services to you subject to the following Terms and Conditions, which may be updated occasionally, at our sole discretion, with or without notice to you. The most current version of these Terms and Conditions will always be on this page and will supersede all previous versions. There will always be a link to the most current Terms and Conditions on the www. SmartyRents.com homepage. By using, visiting, or browsing the Website, you accept and agree to be bound by these terms.

These Terms and Conditions:

• Govern your use of the Service and Website. By using, visiting, or browsing the Website, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms and Conditions, you should not use the SmartyRents service or Website.
• Are an ongoing contract between you and SmartyRents and apply to your use of the Service and Website. These Terms and Conditions affect your rights and you should read them carefully.
• Set forth the entire agreement regarding all the subjects we discuss herein. If any provision of this agreement is found to be unlawful, void, or unenforceable, it will not affect the validity and enforceability of any other provision.

We reserve the right, in our sole and absolute discretion, to make changes from time to time (with or without notice) in how we operate our service. Your use of the Website or continued use of our service after changes are made means that you agree to be bound by such changes. As such, you should review the Terms and Conditions periodically.

Privacy

Any information you submit to us, or any information we collect, is subject to the SmartyRents Privacy Policy.

Your Account

If you use the Website or the Service, you represent and warrant that all information you supply to SmartyRents is complete and accurate. You must have Internet access and valid U.S. credit or debit card to use the Service. We do not accept pre-paid or international credit cards. You are solely responsible for maintaining the confidentiality of your account information, including your password, and for restricting access to your computer. You also agree not to impersonate any other person while using the Website. By using the Website, you agree to accept responsibility for all activities that occur under your account or password. It is also your responsibility (at all times) to provide and maintain an accurate and working e-mail address, delivery address, telephone number, current credit card and billing information. We reserve the right to place any account on hold at anytime (with or without notification to you) in order to protect us from what we believe to be fraudulent activity. You can find the specific details regarding your subscription with SmartyRents at anytime by clicking on My Account, located at the top of the pages of the Website.

Limitations of Use

You must be 18 years of age or older and reside in one of the 50 United States or the District of Columbia to subscribe to the Service. WHILE INDIVIDUALS UNDER THE AGE OF 18 MAY UTILIZE THE SERVICE, THEY MAY DO SO ONLY UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN. The games we distribute and the content on the Website are strictly for personal and non-commercial use. We agree to deliver games to you and grant you a license to access the Website for that limited purpose only. Any unauthorized use of the Website will terminate your subscription and the limited license granted by us.

Credit Card Billing & Subscription Fees

Shipping Policies

Our goal is to ship you the game ranked highest in your Game and to ship it from the warehouse the following day we receive the prior one you returned in our warehouse. We currently ship six days per week (Monday through Saturday) using USPS first class mail. We do not ship during USPS holidays. We will send you an email when we have received a returned game and another email when your new game has been shipped. We reserve the right to ship rental games among the members of our Service in any manner we determine. Depending on a variety of factors (including the amount and location of our inventory), we may not always send the top choices from your Game or ship your next game the same day we receive one from you. Other factors that may impact the delivery time are (i) the timing of changes to your game Game; (ii) the distance of the warehouse to the shipping address; (iii) delivery issues within the USPS system; and (iv) technical problems within SmartyRents and/or the Internet.

Right to Terminate

We reserve the right to terminate or restrict your subscription, or the use of our Service, without notice, for any reason whatsoever, or for no reason.
Lost, Unreturned and Damaged Games
You agree to allow us to charge your credit card for the current "Love It" price of a game in the following situations:

• If you have not returned a game to us within 7 days of canceling your paid subscription;
• If you have not returned an unplayable game to us within 7 days of reporting it to us as unplayable;
• If you have lost a game and reported it to us as lost; or
• If you have damaged a game (whether or not you reported it to us as damaged).

If we charge your credit card for an unreturned game and you wish to receive a credit, the game must be returned in playable condition via USPS registered mail within 30 days of the date of the sale. After 30 days, all sales are final.
If the number of lost and/or damaged games on your account becomes excessive, we may place your account on hold or terminate your subscription.

Personal Property

If we are able to identify a game or other item inadvertently submitted to us as a rental return, we will make a reasonable attempt to return the item to the sender. You hereby release us from any liability arising from the receipt and attempted return of such items.

Pricing Policies

From time to time, a small number of items on the Website may be mispriced. If we discover a mispricing, we will do one of the following:

• If an item's correct price is lower than our stated price, we will charge the lower amount.
• If an item's correct price is higher than our stated price, we will (at our discretion) either contact you for instructions before charging or cancel your order and notify you of such cancellation.

Gift Certificates

Gift certificates must be bought and redeemed through the Website, toward the purchase of a SmartyRents Subscription Plan. Gift certificate recipients will need a valid credit card to activate their gift subscription. The recipient's credit card will only be authorized. It will not be charged. Unless the recipient cancels prior to the end of the gift subscription period, SmartyRents will begin to bill the recipient's credit card for monthly subscription fees (plus applicable taxes) at the completion of the gift subscription period. WE DO NOT GIVE PRO-RATED REFUNDS IF CANCELLATION IS INITIATED DURING THE MIDDLE OF A BILLING CYCLE. Gift certificates are not redeemable for the purchase of games from SmartyRents. Gift certificates cannot be used to purchase additional gift certificates, are not redeemable for cash and cannot be returned for a cash refund. SmartyRents is not responsible for lost gift certificates or gift certificates not redeemed and no refunds will be given. We retain the right to close customer accounts and request alternative forms of payment if a fraudulently obtained gift certificate is redeemed.

SmartyRents Email a Friend Terms

When you use the SmartyRents "Email to a friend" Feature, we may ask you to provide information such as your friends' names and e-mail addresses and your name and e-mail address.You and your friends may opt-out of email notices at any time via opt-out links in all communications made to you and your friends through this feature, or by sending an e-mail to friends_optout@smartyrents.com.

Intellectual Property

All content and data included on the Website, including but not limited to graphics, text, logos, button icons, and software, is the property of SmartyRents, or its suppliers and is protected by United States and international copyright laws. No content may be reproduced or used without express written permission from SmartyRents and any other copyright holder.
You agree not to decompile, reverse engineer or disassemble any software, products or processes accessible through the Website, not to insert any code or manipulate any content and not to use data mining, data gathering or any other extraction methods. SmartyRents does not condone the copying of video games or other infringing activities.

Website Content

SmartyRents offers synopses and instruction manuals online pertaining to the games we distribute. Under no circumstances shall CJ Educational Products, LLC or its shareholders, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Website.

Electronic Communications

By using the Service, you agree to receive electronic communications from SmartyRents. These communications may include information about your account, like shipping and receiving confirmation e-mails, or information related to the Service and features. These communications are part of your subscription to our Service. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically do satisfy any legal requirements regarding communications, including the requirement that such communications be in writing.

Your Conduct on the SmartyRents.com Website

By using the Website, you agree (i) not to upload, post, email, or otherwise send or transmit 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, equipment, or site content associated with the Website;(ii) not to interfere in any way with the servers or networks connected to the Website; (iii) not to violate any of the procedures, policies, or regulations of networks connected to the Website, the terms of which are incorporated herein; and (iv) not to conduct yourself in an offensive manner while using our Service and/or our Website, impersonate any other person while using the Website, or use the Website for any unlawful purpose.

Limitations on Liability

THE CONTENTS OF THE SMARTYRENTS.COM WEBSITE, AND THE GAMES WE DELIVER ARE PROVIDED "IS."  WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF ANY KIND ABOUT THEIR ACCURACY OR FUNCTIONALITY. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, FOR ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE, FOR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEBSITE, OR FOR ANY CONDUCT BY USERS OF THE WEBSITE.  TO THE FULL EXTENT PERMISSIBLE BY LAW, SMARTYRENTS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE GAMES WE DELIVER, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA OUR SITE IS ACCURATE, COMPLETE, OR CURRENT.

In No Event Shall

SMARTYRENTS.COM, ITS SHAREHOLDERS, DIRECTORS, OR EMPLOYEES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBLITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY GAMES OR THE INFORMATION ON OUR WEBSITE.  IN NO EVENT SHALL SMARTYRENTS.COM, ITS SHAREHOLDERS, DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY DAMAGE OF ANY KIND TO YOUR GAME CONSOLE OR OTHER EQUIPMENT ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY GAMES.  WHILE SMARTYRENTS WILL MAKE A REASONABLE EFFORT TO RETURN ANY CUSTOMER'S PROPERTY IT RECEIVES, SMARTYRENTS WILL NOT BE LIABLE FOR ANY LOSSES OF OR DAMAGE TO SUCH PROPERTY.  iF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

To Contact SmartyRents

If you have a question or concern about these Terms and Conditions, please contact
support@smartyrents.com.