Table of Contents (1-30)
01. Welcome, the rentacalc.com website (the "Website") and the rentacalc.com Rental service (the "Service") are owned and operated by Rent-a-calc, Inc. (hereinafter referred to as "Rent-a-calc, Inc.", "the Website", "we", "us", or “our”). The titles associated to the following sections are provided as a way to navigate this document and in no way affect the meaning or interpretation of this agreement or the content within each section. All graphing calculators available for rent are property of Rent-a-calc, Inc. Rent-a-calc, Inc. does not represent and is not affiliated with Texas Instruments, Inc. Texas Instruments logos and Texas Instruments products and product names are unique registered trademarks of Texas Instruments Inc.
02. The difference between leasing and renting is that when you lease something you usually agree to use it for a pre-determined period of time without having much flexibility on when to return it after you have signed or agreed to the contract. On the other hand, when you rent something, you have the flexibility of keeping it longer or sending it back sooner than you anticipated without any cancellation fees or time restrictions. For this reason, we provide you with the following rental agreement (Terms of Service).
03. Rent-a-calc, Inc. is dedicated to providing graphing calculator rentals to students, school staff, faculty, and academic institutions in the United States and Canada. This Terms of Service Agreement governs your use of the Website and the Services. By visiting this Website and accessing the free or paid information, materials, resources, Services, products, and tools we provide for you, either directly or indirectly, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy, you claim to understand this agreement in its absolute entirety and agree to contact us to clarify any misunderstandings you may have as soon as it is humanly possible and before you use, order, or rent our inventory or use any of our Services or resources.
05. You certify that any information you provide during the online checkout process or any information you provide after you have opened an account with us is true and correct. You declare to be at least 18 years of age, to be an authorized user of the credit/debit card on file, and to reside in the United State of America or Canada. Assuming all other factors are in harmony with this agreement, you are granted a limited license to access the Website and use the Service/s for personal non-commercial use and for the purpose for which they were intended.
06. By using the Website, you agree to accept responsibility for all activities that occur under your account or password. You are solely responsible for maintaining the confidentiality of your account information, including your password, and for restricting access to your computer. It is your responsibility (at all times) to provide and maintain an accurate and up to date working email address, shipping address, telephone number, current credit/debit card and billing information. We reserve the right to place any order 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 specific details about your account at any time by clicking on the "My acc log-in" link, located at the top left of any page in the Website.
07. To complete our online checkout process you must have internet access, an email address, a phone number, a shipping address, a valid U.S. or Canada credit/debit card, and a billing address that matches the address found in your credit/debit card monthly statement. The checkout process is easy and takes a couple of minutes. Simply, navigate to our homepage, click on the button of the calculator that interests you, provide your shipping info, your billing info, and submit your order. The Website accepts orders 24/7/365.
08. We do not accept pre-paid or international credit/debit cards from countries other than the United States/Puerto/Alaska and Canada. By completing the online checkout process and submitting your order you authorize Rent-a-calc, Inc. to charge your card for the total amount of your order. Rent-a-calc, Inc. is not responsible for overdraft fees, bounced check charges, or any charges your bank account or credit card account may experience as a result of an amount charged by Rent-a-calc, Inc. to cover the total amount of your order prior to shipping or to cover a subsequent outstanding balance. By submitting your order you acknowledge that Rent-a-calc, Inc. will not contact you to remind you of the automated monthly charges that will be applied to your card to pay for your monthly fee or your outstanding balance. Rent-a-calc, Inc. reserves the right to refuse Service to anyone at our discretion.
09. Since quantities of graphing calculators are limited, we must restrict calculator rentals to only one calculator per individual or household. The submission of multiple orders either back to back or in intervals, with identical information such as personal information, billing information, or a combination of both is rejected and flagged. If an individual has rented a calculator in the past and his/her account is closed, he/she may rent another calculator, but not if his/her account from the first rental is still open or has an outstanding balance.
10. All security deposits are 100% refundable and are refunded/credited back to the card on file when the calculator is returned and your account is closed. For a full security-deposit refund, calculator/s must be returned in the same condition it/they was/were rented, normal wear is expected. School orders of more than one calculator are subject to different rates as described in the rental order addendum.
11. It is your responsibility to update expiring credit/debit cards at least 30 days prior to their expiration date. To update your account or billing information please visit: http://rentacalc.com/my-acc-log-in.html or call our toll-free number 1 (844) 4TI-CALC Monday-Friday 9:00am-5:00pm (pacific time).
12. By completing the online checkout process and submitting your order you agree to use our free automated-payment service and authorize us to automatically (without further notice) charge applicable fees to your credit/debit card/s until your account is closed. Your account remains OPEN from the time you SUBMIT your order to the time your account is CLOSED. Once you place your order, monthly charges are automatic. The day of the month that your card gets charged during future months is the same day of the month that you placed your order. Example: If you placed your order on the 10th of the month your card will be charged every 10th of subsequent months until your account is CLOSED. If your order is submitted between the 28th and the 31st of any given month your monthly charge will be on the 1st of the following month.
13. A $6.25 IFF (insufficient funds fee) will apply in addition to the monthly charge every month sufficient funds are NOT available at the time your credit/debit card gets charged. Our system will try to charge your card multiple times after the first decline after which point the $6.25 fee will apply towards your outstanding balance. You may prevent this IFF (insufficient funds fee) by making sure that your card always has sufficient funds available to cover the monthly charge and updating the expiration date or replacing your card with another one when the original expires. IF YOUR ACCOUNT REMAINS OUTSTANDING WITH A PAST DUE BALANCE FOR MORE THAN 3 CONSECUTIVE BILLING CYCLES, YOUR ACCOUNT WILL BE REPORTED TO A COLLECTIONS AGENCY AND YOUR CREDIT MAY BE AFFECTED. Rent-a-calc, Inc. is not responsible for any additional bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed by us. You are responsible for your account until it is CLOSED.
14. Currently we ship 5 days per week (Monday through Friday) via the United States Postal Service (USPS). Shipping Services available are First Class Mail and Express mail. You may choose your selection during the online checkout process. The following factors may impact the delivery time of a package (1) shipping address location; (2) issues within the USPS system such as network and/or internet connectivity, weather conditions, and natural disasters; and (3) internal or external issues within our system such as network and/or internet connectivity.
15. You may cancel your order and receive a full refund provided that your order has not already been shipped. If your order has already been shipped you can still cancel it and return the package to us "unopened" by asking your mail carrier to "return the package back to sender" because you canceled your order at which point the mail carrier will return the package back to us free of charge and you will receive a refund from us (minus the shipping cost) as soon as the package is received by us and your account is closed. Please note that packages that are sent back to sender in this manner usually take longer because the post office does not ship them back with the same priority as when they are originally shipped. So do expect a delay of several days for us to receive your package. Your refund will be processed within two weeks after we receive your package. All shipping charges are final.
16. All calculators are rented on a month-to-month basis, with no long-term contracts, and a convenient automatic pay-as-you-go plan. This gives you the freedom to use our service for as little or as long as needed without worrying about renewing your rental term or early cancellation fees. There are no penalties or late fees for keeping the calculator longer than anticipated or sending it back sooner than expected. To avoid the next monthly fee, your package must arrive to our PO Box by the last day of your billing cycle. That is one day before your card gets charged. As a courtesy, and at your request, we may grant you a courtesy credit/refund if your package arrives within the first 3 days of the next billing cycle.
17. When you decide it is time to return the calculator, there is NO need to send any personal or additional information with it, the calculator has a barcode, which is associated to your account and contains the information necessary for our system to identify it, stop your recurrent billing, and close your account. Just follow these easy steps: Step (1) Remove the batteries. Step (2) Insert the calculator into a strong bubble-wrap mailer/envelope (not included). Step (3) Write our returns address on the package or affix it with a label. Be sure that the label reads clearly and correct. The returns address is: RAC Returns Dept. PO Box 236 LA Habra, CA 90633. Step (4) Confirm that your package is sealed properly. If necessary use more tape to seal it. Step (5) Take your package to the United States Postal Service USPS (FedEx and UPS do NOT deliver to PO boxes).
18. There are 3 ways to close an account: Option (1) To return the calculator back to us. Calculators must be returned in the same condition they are received. Normal wear is expected; Option (2) If the calculator is damaged, broken, lost, or stolen, you may replace it with a calculator of the same model in the same condition or better; Option (3) If the calculator is damaged, broken, lost, or stolen, you may pay for the value of the calculator. Previously paid rental fees do not apply towards the value of a damaged, broken, lost, or stolen calculators. Rental fees are used to cover operating expenses from previous months. At the time the calculator is reported damaged, broken, lost, or stolen, these funds are no longer available to be used to replace the unit. If the replacement cost was waived the inventory would eventually deplete completely, hence, the need for this policy. However, if you find a lost calculator for which you have already paid the replacement cost of, you can send it in and get a refund. You have 30 calendar days from the date your card was charged the replacement cost to send it in and get a full refund.
19. If the calculator is damaged, broken, lost, stolen, or our internal seal is broken (which means it was taken apart without our authorization), has unreported scratches on the screen, shows signs of abuse, or you shipped it back to us but we never got it and you have absolutely no proof of shipment such as a tracking number or a receipt from the post office. You will be liable for a replacement unit or for the replacement cost of the calculator. Previously paid fees do not apply towards the value of the calculator. The cost associated with replacing inventory are as follows: TI-83 Plus: $89.99, TI-84 Plus: $99.99, TI-89 Titanium: $119.99. If you choose to replace our calculator by sending a different one, you can replace it with a used one. Please include a note inside the package with your FULL NAME, ACCOUNT NUMBER, and DESCRIPTION of what happened to our calculator. It is extremely important that you include this note in your package so that we are able to associate the new replacement calculator to your account, stop the recurrent charges, and close your account accordingly.
20. If we are able to identify a calculator or other item inadvertently submitted to us as a return, we will make a reasonable attempt to return the item to the sender. However, you hereby release us from any liability arising from the receipt and attempted return of such items.
21. All content and data included on the Website, including but not limited to graphics, text, logos, button icons, and software, is the property of Rent-a-calc, Inc, (with exception of logos which may represent other companies displayed for reference purposes only) 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 Rent-a-calc, Inc. 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.
22. Rentacalc.com is a trademark of Rent-a-calc, Inc. Rent-a-calc, Inc. trademarks may not be used in connection with any product or Service that is not Rent-a-calc, Inc's in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Rent-a-calc, Inc. All other trademarks not owned by Rent-a-calc, Inc. that appear on the Website or on calculators are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Rent-a-calc, Inc. Any images of persons or personalities contained on the Website shall not be an indication of endorsement of any particular product or our Service unless otherwise specifically indicated.
23. Under no circumstances shall Rent-a-calc, Inc. or its shareholders, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through our Website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Website. Some hyperlinks on the Website may lead to other Websites that are not owned or operated by Rent-a-calc, Inc. Rent-a-calc, Inc. has not reviewed these sites in their entirety and has no control over the content of such sites. Connecting to linked sites and/or downloading any information from linked sites is done entirely at your own risk. Rent-a-calc, Inc. makes no representation or warranty that downloads from linked sites will meet any prescribed specification, nor do we make any representation or warranty that such linked sites will not contain viruses or otherwise impact your computer or other devices.
24. By using the Service, you agree to receive electronic communications from Rent-a-calc, Inc. These communications may include updates about your order, information about your account, or information related to the Service and features we offer. You agree that any notices, agreements, disclosures, 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.
25. By using the Website, you agree: (1) 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; (2) not to interfere in any way with the servers or networks connected to the Website; and (3) 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 or in any unlawful manner.
26. Visitors may submit reviews, comments, suggestions, ideas, questions, or other content so long as the content is not obscene, threatening, defamatory, or otherwise injurious to third parties or objectionable. Such submissions shall not consist of or contain political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." Rent-a-calc, Inc. reserves the right (but not the obligation) to remove or edit such content. Rent-a-calc, Inc. is free to use any comments, information, ideas, concepts, reviews or techniques or other material you may send to us (without acknowledgement or compensation) for any purpose.
27. If you submit material, and unless we indicate otherwise, you grant Rent-a-calc, Inc. and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, rent, and display such content throughout the world in any media. You grant Rent-a-calc, Inc. and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (1) you own or otherwise control all of the rights to the content that you post; that the content is accurate; (2) that use of the content you supply does not violate this Terms of Service Agreement and will not cause injury to any person or entity; and (3) that you will indemnify Rent-a-calc, Inc. and its affiliates for all claims resulting from content you supply. You further grant Rent-a-calc, Inc. the right to pursue at law any person or entity that breaches this Terms of Service Agreement.
28. You expressly understand and agree that any claim against us shall be limited to the amount of money you have paid in the last 90 days. Rent-a-calc, Inc., and any of the following parties (if applicable) its affiliates, and its owners, shareholders, directors, officers, managers, employees, donors, agents, contractors, partners, representatives, and licensors will not under any circumstances be liable to you or any other party for any special, direct, indirect, incidental, consequential, reliance, punitive, or exemplary loss, expenses, or damages which may be directly or indirectly incurred by you or anyone related to you as a result of using our resources, Services, or products, or as a result of any changes, data loss or corruption, cancellation, loss of access, negligence on our part to act upon any sign, or downtime to the full extent that applicable limitation of liability laws apply, applicable even when we have been advised or had reason to know of the possibility of such damages. In no event shall our total liability to you for any and all damages, losses, and causes of action, whether in contract, tort (included but not limited to negligence) exceed the amount you have paid in the last 90 days. If applicable law does not allow the limitation or exclusion of liability or consequential or incidental damages and you are unhappy with our ways of conduction business, resources, Services, or products, your sole and exclusive remedy shall be to discontinue the use of our resources, Services, or products including the Website, return any and all of our equipment/inventory, and terminate this agreement in accordance with the terms hereof. You agree to use this Website and our resources, Services, or products at your own risk and to indemnify, defend, and hold entirely harmless Rent-a-calc, Inc., and any of the following parties (if applicable) its affiliates, and its owners, shareholders, directors, officers, managers, employees, donors, agents, contractors, partners, representatives and licensors, from and against any and all liability such as but not limited to losses, expenses, damages and costs, including but not limited to interest, penalties, attorney fees, accounting fees and expert witness, known or unknown, contingent or otherwise, directly or indirectly arising from or related to any violation of this agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us. By using our Website, you understand and agree that all resources, Services, or products we provide are "AS IS" and "AS AVAILABLE". We have done our best to ensure the accuracy of the information provided in this Website as well as the good quality of our Service but make absolutely NO representations, warranties, or guarantees about its accuracy, relevance or validity of any kind either express/ed, implied, or statutory. We do not represent or warrant to you that the use of our resources, Services, or products will meet your individual needs or requirements. We do not represent or warrant to you that the use of our resources, Services, or products will be uninterrupted, timely, secure or free from errors. And finally, we do not represent or warrant to you that any defects in the operation or functionality of any resources, Services, or products we provide will be repaired or corrected. You understand that no information or advice, whether expressed, implied, oral or written, obtained by you from this Website or through any resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this agreement. You and Rent-a-calc, Inc. expressly and irrevocably agree that State and Federal courts located in Orange County, California shall have exclusive jurisdiction over any dispute between you and Rent-a-calc, Inc. You and Rent-a-calc, Inc. expressly and irrevocably consent to personal jurisdiction and venue in these courts and waive any claims that the forum is inconvenient. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, non-representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves. IN SUMMARY: THE CONTENTS OF THE WEBSITE, THE SERVICES, AND THE CALCULATORS WE RENT ARE PROVIDED "AS IS" AND “AS AVAILABLE.” WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, OF ANY KIND ABOUT THE ACCURACY OR FUNCTIONALITY OF THE WEBSITE, THE SERVICES AND/OR THE CALCULATORS. WE MAKE NO GUARANTEES OR WARRANTIES THAT THE CONTENT OF THE WEBSITE, THE SERVICES AND/OR THE CALCULATORS WILL BE UNINTERRUPTED OR ERROR-FREE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE, IN PERFORMANCE OF THE SERVICES AND IN DELIVERY OF THE CALCULATORS, 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, RENT-A-CALC, INC. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING THE WEBSITE, THE SERVICES AND THE CALCULATORS WE DELIVER/RENT, INCLUDING 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 RENT-A-CALC, INC., ITS SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, OR EMPLOYEES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY PERSONAL INJURY, 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 POSSIBILITY OF THE DAMAGES, AND ON ANY OTHER THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE, THE SERVICES AND THE CALCULATORS OR THE INFORMATION ON OUR WEBSITE. IN NO EVENT SHALL RENT-A-CALC, INC., ITS SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, OR EMPLOYEES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY DAMAGE OF ANY KIND TO YOUR EQUIPMENT ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY CALCULATORS. WHILE RENT-A-CALC, INC. WILL MAKE A REASONABLE EFFORT TO RETURN ANY CUSTOMER'S PROPERTY IT RECEIVES, RENT-A-CALC, INC. 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.
29. This Terms of Service Agreement contains the entire agreement between the parties with respect to the matters covered in this Agreement. No other agreements, representations, warranties or other matters, oral or written, purportedly agreed to or represented by or on behalf of Rent-a-calc, Inc. by any of its employees or agents, or contained in any sales materials or brochures, shall be deemed to bind the parties with respect to the subject matter contained in these Terms of Service Agreement.
31. If you have any comments, questions, or concerns. Please feel free to contact us: