This Agreement was last revised on November 8, 2016, and was first made effective on November 8, 2016.
We reserve the right to amend this Agreement at any time by notifying you as provided in this Agreement, provided that no notice shall be required for non-material changes to the Agreement. If we materially amend this Agreement, we will give you at least thirty (30) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account. Your continued use of the Service after any such change constitutes your acceptance of the revised Agreement. If you do not agree to any of these terms or any future amendments, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service ("Users").
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. YOU UNDERSTAND AND AGREE THAT IT’S BORROWED IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN RENTERS AND OWNERS. IT’S BORROWED HAS NO CONTROL OVER THE CONDUCT OF RENTERS OR OWNERS AND OTHER USERS OF THE SERVICE AND DISCLAIMS ALL LIABILITY IN THIS REGARD. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
1. Use of Our Service
Eligibility of People and Items This Service is intended solely for people 18 years of age or older, and any registration, use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by It’s Borrowed, unless It’s Borrowed has given you written notice of reinstatement. A Renter must be at least 18 (eighteen) years of age, reside in the United States, and hold a major credit card in their name issued by a U.S. financial institution. An Owner must be at least 18 (eighteen) years of age, reside in the United States, and have an active PayPal account associated with the same email address with which that person registered for the Service.
The Service is designed for the rental of relatively low-cost, safe, multiple-use items. The following is a list of the types of items that are not permitted to be offered through the Service:
Single-use items (bullets, diapers, disposable goods of any kind)
Living things (people, animals, yeast, etc.)
Items of sexual nature (sex toys, pornographic media or photos, etc.)
DVDs, CDs, MP3s or other media files (hard copy, digital)
Food or hygienic items (toothpaste, deodorant, etc.)
Items valued at over $500 (five hundred dollars)
Anything you or someone else would deem dangerous
Items you do not own or have the rights to lend out or sublet
Please do not lend out your irreplaceable or sentimental items.
Owner shall provide photos of item sufficient to confirm no prior damage or any existing damage and overall condition of the item.
All Users must provide all necessary documentation for determining eligibility throughout your use of the Service as may be determined by It’s Borrowed in its sole discretion. You acknowledge and agree that It’s Borrowed may change its eligibility requirements at any time and for any reason.
It’s Borrowed Accounts In order to rent an item from another User on It’s Borrowed, you will need to qualify for a "Renter account”. In order to rent your item to another User on It’s Borrowed, you will need to qualify for an "Owner account”. By qualifying for a Renter or Owner account, you give us permission to disclose the information you provide on your application to third parties for verification purposes, and to obtain additional information about you. It’s Borrowed may accept or reject Renter or Owner accounts at our sole discretion, for any reason. If you are qualified for a Renter and/or Owner account, you acknowledge and agree to abide by the Renter and Owner Eligibility Requirements which are applicable to your particular type of account.
Users with a Renter or Owner account are collectively referred to in this Agreement as "Members. Your Member account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. Each transaction in which a Renter rents an item from an Owner via the Service is referred to in this Agreement as a "Rental." Your Member account is for your personal use only. You may not create a Member account on behalf of a business or entity. You may not use another Member's account, permit anyone else to use your Member account, or assign or otherwise transfer your Member account to any other person or entity. When applying for and creating your account, you must provide accurate and complete information, and keep that information updated and accurate throughout the term of this Agreement. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify It’s Borrowed immediately of any breach of security or unauthorized use of your account. It’s Borrowed will not be liable for any losses caused by any unauthorized use of your account.
You may control your Member profile and how you interact with the Service by changing the options in your Settings page. By providing It’s Borrowed your email address, you consent to our using the email address to send you Service-related email, including any notices required by law,\ in lieu of communication by postal mail. By providing It’s Borrowed your mobile phone number, you consent to our using the phone number to send you Service-related SMS messages. You may not opt out of Service-related emails or SMS messages. We may also use your email address and/or mobile phone number to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive these messages, you may opt out or change your preferences in your Settings page. Opting out may prevent you from receiving messages regarding updates, improvements, or offers.
Service Use Rules You agree not to engage in any of the following prohibited activities:
copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping";
using any automated system, including without limitation "robots”, "spiders”, "offline readers”, etc., to access the Service in a manner that sends more request messages to the It’s Borrowed servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser except that It’s Borrowed grants the operators of public search engines revocable permission to use spiders to copy materials from It’s Borrowed for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials;
transmitting spam, chain letters, or other unsolicited email;
attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
uploading invalid data, viruses, worms, or other software agents through the Service;
collecting or harvesting any personally identifiable information, including account names, from the Service;
using the Service for any commercial solicitation purposes;
impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
interfering with the proper working of the Service;
accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or
bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
It’s Borrowed may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if in It’s Borrowed sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. All aspects of the Service are subject to change or elimination at It’s Borrowed’s sole discretion. It’s Borrowed reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that It’s Borrowed will not be liable to you for any interruption of the Service, delay or failure to perform.
Policies and Procedures; Rental Confirmations; Feedback If you are an Owner, you agree to our Owner Policies and Procedures. If, you are an Owner, by accessing or using the Service, you signify that you have read, understood and agree to be bound by the Owner policies and Procedures. If you are a Renter, you agree to our Renter Policies and Procedures. If, you are a Renter, by accessing or using the Service, you signify that you have read, understood and agree to be bound by the Renter policies and Procedures. When you use the Service to transact a Rental, the Service will present you with a page confirming the details of the Rental (the "Rental Confirmation"). By clicking "I Agree (or any other means of acceptance presented by the Service), you agree to the terms of that Rental and the Rental Confirmation becomes part of this Agreement.
2. User Content
Some areas of the Service may allow Users to post feedback, comments, questions, and other content or information (any such materials a User submits, posts, displays or otherwise makes available on the Service is referred to as "User Content"). You retain ownership of your User Content. You are solely responsible for the User Content that you upload, publish, display, link to or otherwise make available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand that It’s Borrowed does not guarantee any confidentiality with respect to any User Content.
You agree not to post User Content that:
may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
may create a risk of any other loss or damage to any person or property;
seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
may constitute or contribute to a crime or tort;
contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights,
harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);
contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
contains any information or content that you know is not correct and current.
You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy. It’s Borrowed reserves the right, but is not obligated, to reject and/or remove any User Content that It’s Borrowed believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization. For the purposes of this Agreement, "Intellectual Property Rights means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
It’s Borrowed takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. It’s Borrowed is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and you agree that It’s Borrowed shall not be liable for any damages you allege to incur as a result of such User Content.
3. Other Users
It’s Borrowed does not endorse any Users, any User Content or Rentals. You are solely responsible for your interactions with other It’s Borrowed Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. It’s Borrowed shall have no liability for your interactions with other Users, or for any Users action or inaction, with respect to Rentals or the Service. While we may help facilitate successful transactions and the resolution of disputes, we do not guarantee the quality, safety, truth or accuracy of Rentals, User Content, or other services or transactions available via the Service.
By using the Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a particular User or third party that cause you harm and you agree not to attempt to impose liability on, or seek any legal remedy from It’s Borrowed with respect to such actions or omissions. If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes or your use of the Services.
If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICE IS INTENDED TO BE USED TO FACILITATE RENTALS. IT’S BORROWED CANNOT AND DOES NOT CONTROL THE USER CONTENT CONTAINED IN ANY RENTAL, THE CONDITIONS OF ANY ITEM PROVIDED THROUGH THE SERVICE, THE BEHAVIOR OF ANY USER, OR THE ACTIONS OF ANY USER. IT’S BORROWED IS NOT RESPONSIBLE FOR, AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO, ANY AND ALL RENTALS AND USER CONTENT. ACCORDINGLY, ANY RENTALS THROUGH THE SERVICE WILL BE MADE AT THE USER’S, RENTER’S AND/OR OWNER'S OWN RISK.
4. License Grant
You retain all your ownership rights in your User Content. By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to It’s Borrowed a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with It’s Borrowed’s (and its successors and affiliates) business. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform your User Content as permitted through the functionality of the Service and under this Agreement.
5. End User Licenses
It’s Borrowed Service Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable, license to use the Service. for your personal, use only. It’s Borrowed reserves all rights not expressly granted herein in the Service and the It’s Borrowed Content (as defined below). It’s Borrowed may terminate this license at any time for any reason or no reason.
It’s Borrowed Software. To use the It’s Borrowed Software you must have a mobile device that is compatible with the It’s Borrowed Service. It’s Borrowed does not warrant that the It’s Borrowed Software and/or It’s Borrowed Service will be compatible with your mobile device.
License Grant. It’s Borrowed hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the It’s Borrowed Software for one It’s Borrowed Member account on one mobile device owned or leased solely by you, for your personal use.
Restrictions. You may not:
modify, disassemble, decompile or reverse engineer the It’s Borrowed Software, except to the extent that such restriction is expressly prohibited by law;
rent, lease, loan, resell, sublicense, distribute or otherwise transfer the It’s Borrowed Software to any third party or use the It’s Borrowed Software to provide time sharing or similar services for any third party;
make any copies of the It’s Borrowed Software;
remove, circumvent, disable, damage or otherwise interfere with security-related features of the It’s Borrowed Software, features that prevent or restrict use or copying of any content
accessible through the It’s Borrowed Software, or features that enforce limitations on use of the It’s Borrowed Software; or
delete the copyright and other proprietary rights notices on the It’s Borrowed Software.
Software Upgrades. You acknowledge that It’s Borrowed may from time to time issue upgraded versions of the It’s Borrowed Software, and may automatically electronically upgrade the version of the It’s Borrowed Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
Third-Party Code. Any third-party code that may be incorporated in the It’s Borrowed Software is covered by the applicable open source or third-party end-user license agreement, if any, authorizing use of such code.
Rights Reserved. The foregoing license grant is not a sale of the It’s Borrowed Software or any copy thereof, and It’s Borrowed or its third-party partners or suppliers retain all right, title, and interest in the It’s Borrowed Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. It’s Borrowed reserves all rights not expressly granted under this Agreement.
Government End Users. If the It’s Borrowed Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the It’s Borrowed Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.
Export Control. The It’s Borrowed Software originates in the United States, and is subject to United States export laws and regulations. The It’s Borrowed Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the It’s Borrowed Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the It’s Borrowed Software and the It’s Borrowed Service.
It’s Borrowed Software from iTunes. The following applies to any It’s Borrowed Software you acquire from the iTunes Store ("iTunes-Sourced Software"): You acknowledge and agree that this Agreement is solely between you and It’s Borrowed, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to It’s Borrowed as provider of the software.
You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to:
(i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to It’s Borrowed as provider of the software.
You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, It’s Borrowed, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and It’s Borrowed acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.
6. Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the "It’s Borrowed Content"), and all Intellectual Property Rights related thereto, are the exclusive property of It’s Borrowed and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the It’s Borrowed Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place It’s Borrowed under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, It’s Borrowed does not waive any rights to use similar or related ideas previously known to It’s Borrowed, or developed by its employees, or obtained from sources other than you.
7. Fees; Billing; Payments
Fee Schedule and Billing Policies. You agree to the fees and charges, terms of sale, payment and billing policies applicable to your use of the Service as in the Fee Schedule. It’s Borrowed may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. All fees and charges for your use of the Service are non-refundable, except as may be expressly stated in the Fee Schedule.
Payments. If you are an Owner, you may set the Rental fee for your item as permitted by the Service. Swipe will calculate the total Rental charges to the Renter, which means processing the Renter’s credit card, retaining any service fees and/or commission as set forth in our Fee Schedule, and remitting funds to you as provided in this section.
It’s Borrowed will remit payments due to you hereunder no later than thirty (30) days after the end of each calendar month in which the applicable fees are received. Payment shall be in the form you select when you register for the Service, or as subsequently updated as permitted by the Service. It’s Borrowed reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under this Agreement, or any amounts due as a result of a breach of this Agreement by you, pending It’s Borrowed’s reasonable investigation of the breach. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which includes without limitation applicable tax information. If we believe that we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your payments until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information. Any bank fees related to returned or cancelled checks due to a contact or payment information error or omission may be deducted from the newly issued payment.
You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. If you dispute any payment made hereunder, you must notify It’s Borrowed in writing within thirty (30) days of any such payment; failure to so notify It’s Borrowed shall result in the waiver by you of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by It’s Borrowed. No other measurements or statistics of any kind shall be accepted by It’s Borrowed or have any effect under this Agreement. Collections. In addition to the amount due, delinquent accounts and/or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts and/or chargebacks including, but not limited to, collection fees and/or convenience fees and/or other third parties charges. Members hereby explicitly agree that all communications related to delinquent accounts will be made by electronic mail or by phone, as specified by It’s Borrowed to its Members. Such communication may be made by It’s Borrowed or by anyone on its behalf, including but not limited to a third-party collection agent.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
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11. DMCA Notice
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEY’S FEES.
In accordance with the DMCA and other applicable law, It’s Borrowed has adopted a policy of terminating, in appropriate circumstances and at It’s Borrowed’s sole discretion, members who are deemed to be repeat infringers. It’s Borrowed may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
To pursue your claim, you must provide the following information in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the Service;
Information reasonably sufficient to permit It’s Borrowed to contact you, such as your address, telephone number, and, email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
12. Additional Representations and Warranties
In addition to the other representations and warranties in this Agreement, you affirm, represent and warrant that: You are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement; you are a United States resident; and you have not previously been removed from the Service unless you have a currently valid notice of reinstatement from It’s Borrowed. If you are an Owner, to the best of your knowledge and belief, any item you offer for Rental hereunder is in sound and safe condition and free of any known faults or defects that would affect its safe operation under normal use.
Your User Content and It’s Borrowed’s use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.
To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
13. Third-Party Links
You expressly relieve It’s Borrowed from any and all liability arising from your use of any third-party website or services or third-party owned content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that It’s Borrowed shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
You agree to defend, indemnify and hold harmless It’s Borrowed and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: your use of and access to the Service, including any data or content transmitted or received by you;
your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above;
your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights;
your violation of any law, rule or regulation of the United States or any other country;
any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or
any other party’s access and use of the Service with your unique username, password or other appropriate security code.
15. No Warranty
IF YOU CHOOSE TO USE THE SERVICE AND/OR PARTICIPATE IN A RENTAL, YOU DO SO AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT IT’S BORROWED DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ANY USER, INCLUDING BUT NOT LIMITED TO RENTERS AND OWNERS. THE SERVICE AND ANY CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IT’S BORROWED OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, IT’S BORROWED, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE OR ANY RENTAL WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF THE SERVICE.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE INCLUDING BUT NOT LIMITED TO RENTERS OR OWNERS. YOU UNDERSTAND THAT IT’S BORROWED DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICE AND IT’S BORROWED IS NOT RESPONSIBLE FOR THE ACTION OF USERS OF THE SERVICE. IT”S BORROWED DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GETAROUND SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND IT’S BORROWED WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
16. Limitation of Liability
IN NO EVENT SHALL IT’S BORROWED, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE, INCLUDING WITHOUT LIMITATION ANY RENTAL. UNDER NO CIRCUMSTANCES WILL IT’S BORROWED BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IT’S BORROWED ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE;
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE;
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY;
ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE THROUGH THE SERVICE; AND/OR
USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
IN NO EVENT SHALL IT’S BORROWED, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT.THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN IT’S BORROWED AND YOU.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF IT’S BORROWED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOTHE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled and operated from its facilities in the United States. It’s Borrowed makes no representations that the Service is appropriate for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by It’s Borrowed without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Governing Law. You agree that: (i) the Service shall be deemed solely based in the United States; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over It’s Borrowed, either specific or general, in jurisdictions other than the United States. This Agreement shall be governed by the internal substantive laws of the United States, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a state court located in San Diego County, California or the United States District Court for the Southern District of California, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
Arbitration. In the unlikely event that It’s Borrowed has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any It’s Borrowed claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by the American Arbitration Association ("AAA") in the county of San Diego, California under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing It’s Borrowed from seeking injunctive or other equitable relief from the courts as necessary to protect any of It’s Borrowed’s proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND GETAROUND ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Notification Procedures. It’s Borrowed may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of the notice on our website, as determined by It’s Borrowed in our sole discretion. It’s Borrowed reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. It’s Borrowed is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
Entire Agreement/Severability. This Agreement, together with all amendments, all documents referenced in this Agreement, and any other legal notices and agreements published by It’s Borrowed via the Service, shall constitute the entire agreement between you and It’s Borrowed concerning the Service. If a court of competent jurisdiction deems any provision of this Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and It’s Borrowed’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.