THESE TERMS CONTAIN IMPORTANT DISCLAIMERS AND LEGAL INFORMATION
Welcome to the Bestway Rental, Inc. (“Bestway Rental”) Web Site (“Web Site”). This page states the Terms and Conditions (“Terms”) under which you, the Web Site visitor (“You”), may use this Web Site, which is owned by Bestway Rental. Please read this page carefully. By using this Web Site, You agree to be bound by all of the Terms and Conditions of Use herein and also by the Official Rules and Regulations of any game, sweepstakes or promotion (the “Rules” and together with the Terms, the “Agreements”).
No Unlawful or Harmful Use of the Bestway Web Site
You agree not to use the Bestway Web Site in any way that is unlawful, or harms Bestway or its affiliates, agents, employees, or any customer of Bestway, as determined by Bestway in its sole discretion. We may tell you about certain specific harmful uses in a code of conduct or other notices available through our Web Site, but we have no obligation to do so. You may not use the Web Site in any way that breaches any code of conduct, policy or other notice applicable to the Web Site. Without limiting the generality of this section, you may not use the Web Site in any manner that could damage, disable, overburden, or impair the Web Site or interfere with any other party’s use and enjoyment of the Web Site. If you do not accept these Agreements, do not use this Web Site. Bestway Rental may, in its sole discretion, revise these Agreements at any time; therefore, you should review the Agreements periodically.
The transaction advertised is a Rental-Purchase Agreement (or in SC, a Consumer Rental-Purchase Agreement). You will not acquire any ownership rights until the Total Cost is paid in full or you exercise your Early Purchase Option. Weekly, semi-weekly or monthly rates are available. Totals do not include tax. Models and styles may vary by store. Not responsible for typographical errors. Merchandise may be new or previously rented. Some supplies may be limited. For complete details, see your local store manager. Not valid with any other offers after See Store for Details.
The rental transaction offered in all states is a Rental-Purchase Agreement, which is sometimes referred to as Rent-To-Own, Lease-Purchase, Consumer Rental-Purchase or Consumer-Lease, depending on where you reside. Weekly or monthly rental rates are available in all of our stores. You will not acquire any ownership rights to the rented property unless you pay the amount required to obtain ownership of the particular merchandise you are renting. The photographs depicted on this site represent only a sample of our products. Actual products available for sale or rent vary by store. Models and styles may vary by store. Merchandise may be new or previously rented. Some supplies may be limited. For complete details, see your local store manager.
Bestway “Home of the Low Price Guarantee or It’s Free®”
Bestway guarantee applies to (1) Matching Any Local Rent-To-Own Business’s Advertised Price (competing advertised price must be for similar payment, delivery and product service terms for in-stock new merchandise on the same brand and model), (2) Delivery, Set-Up and Service (delivery and set-up are included and Bestway services and maintains the merchandise while on rent. Set up does not include connection of gas appliances.)
Bestway EZ-Pay Online Payments
The EZ-Pay application is provided as a convenient method to make rental payments. Bestway assumes no responsibility for providing access to, or maintaining the Web Site. If the Web Site is unavailable for any reason, the customer is still responsible for making timely payment on or before the due date. Payments received after the due date may be assessed a late fee in the amount specified in the rental agreement. Customers using EZ-Pay to make their rental payments are only permitted to pay the aggregate amount of all agreements within each store. You may not use EZ-Pay to make a payment for less than the total amount owed for that pay period for that store. If the account is past due, the customer may be required to contact the store to process a payment. To see the full EZ-Pay Terms and conditions, click here.
Sweepstakes, Contests or Promotions
Prizes may be offered from time to time on this Web Site. Each sweepstakes, contest or promotion will be governed by its own set of official rules. We encourage You to read each sweepstakes’, contest’s or promotion’s Rules before participating. To see if we have a current promotion/sweepstakes on-going click here to see official rules.
Bestway Rental places the utmost importance on protecting information transmitted via this Web Site and will take security precautions to protect all such information in its transmission to the Web Site and its storage and use with the Web Site. However, while Bestway Rental will take measures to secure and protect from loss, misuse and alteration any information transmitted by You with this Web Site, Bestway Rental does not guarantee or warrant that any use of this Web Site is totally secure.
Use of Site Material
The contents of this Web Site, such as text, graphics, images and other content (the “Site Material”), are subject to the ownership rights of Bestway Rental and are or may be protected by copyright under both United States and foreign laws. Bestway Rental authorizes you to view and download a single copy of the Site Material for your personal, non-commercial use, subject to your compliance with the provisions of these Terms. Any unauthorized use of the Site Material may violate copyright, trademark and other applicable laws. You agree to retain all copyright and other proprietary notices contained in the original Site Material on any copy You make of the Site Material. You may not sell or modify our Site Material or reproduce, display, distribute, transmit, license or otherwise use the Site Material in any way. Use of the Site Material on any other web site or in a networked environment is prohibited, without the express written consent of Bestway Rental. The products and services contained in the Site Material are available through Bestway Rental retail stores.
Bestway Rental reserves the right to expel users and prevent their further access to this Web Site for violating these terms or the law and reserves the right to remove any communications from this Web Site. The violation of any of the Terms shall result in the immediate revocation of your license to use the Site Material and obligates You to immediately destroy any copies of the Site Material in your possession.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY ACT OR OMISSION OF OURS OR ANY OF OUR OFFICERS, MANAGERS, AGENTS, DIRECTORS, AFFILIATES, INTEREST HOLDERS, STOCKHOLDERS, EMPLOYEES OR CONTENT PROVIDERS, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF DATA, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER WE NOR ANY OF OUR OFFICERS, MANAGERS, INTEREST HOLDERS, AGENTS, DIRECTORS, AFFILIATES, EMPLOYEES OR CONTENT PROVIDERS RELATING TO THIS WEB PAGE IS LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU AGREE THAT USE OF OUR WEB SITE IS ENTIRELY AT YOUR OWN RISK. OUR WEB SITE, CONTENT AND SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS”, AND “AS AVAILABLE” FOR YOUR PERSONAL USE ONLY, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH BESTWAY RENTAL OR THE WEB SITE. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (A) ANY WARRANTIES CONCERNING THE AVAILABILITY AND ACCURACY OF CONTENT, INFORMATION, PRODUCTS OR SERVICES; (B) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PROCESS; AND (C) ANY WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE.
NEITHER BESTWAY RENTAL NOR ANY OF ITS AGENTS, AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, INTEREST HOLDERS, EMPLOYEES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEB SITE OR YOUR INABILITY TO GAIN ACCESS TO OR USE THE WEB SITE OR THE CONTENT. THIS LIMITATION APPLIES EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF ANY SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL IDEAS ON THE WEB SITE OR SUBMITTED TO US. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU; IN SUCH JURISDICTIONS, OUR POTENTIAL LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU ARE DISSATISFIED WITH OUR WEB SITE, OR DO NOT AGREE WITH ANY PROVISION OF THIS AGREEMENT CONCERNING YOUR USE OF THE WEB SITE, OR IF YOU HAVE ANY OTHER CLAIM OR DISPUTE WITH OR AGAINST US OR ANY OF OUR EMPLOYEES, AGENTS, OR DIRECTORS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO QUIT USING OUR WEB SITE.
IF THIS SECTION OR ANY PART OF IT IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, YOU AGREE THAT ANY CLAIM THAT YOU BRING AGAINST BESTWAY RENTAL OR ANY OF ITS AGENTS, AFFILIATES, EMPLOYEES, DIRECTORS, INTEREST HOLDERS, OFFICERS, MANAGERS OR CONTENT PROVIDERS THEREOF SHALL BE BROUGHT ONLY IN YOUR INDIVIDUAL CAPACITY, AND SUCH CLAIM SHALL NOT BE CONSOLIDATED WITH THE ARBITRATION, HEARING OR OTHER PROCEEDING (INCLUDING WITHOUT LIMITATION ANY OTHER SUIT OR CLASS ACTION) BROUGHT BY OR AGAINST ANOTHER USER OR US WITHOUT OUR EXPRESS WRITTEN CONSENT.
Choice of Law and Location for Resolving Disputes
Any claim for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the state of Texas, without reference to conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Tarrant County, Texas for all disputes arising out of or relating to your use of our Web Site.
You Have a Limited Time to Bring Your Claim
You and Bestway agree that any cause of action arising out of or relating to your use of our Web Site must commence within one (1) year after the cause of action accrues. Otherwise such cause of action is permanently barred.
If you have any questions or comments regarding the use of this Web Site or these Terms, please contact us at 1-800-219-1029 or go to the Contact Us page and enter your information. Bestway Rental will make reasonable efforts to answer your questions or comments but does not guarantee a response to such questions or comments.