LendIt, LLC ("LendIt", or "we", "us", or "our", as applicable) provides lendit.io (together with all subdomains and related websites, and together with related mobile device applications, the "the Website") for your information. As used in these Terms of Service, "you" or "user" means both (a) the individual now registering as a user of the Website, and (b) if applicable, the company or other business or governmental entity specified by you upon registration (any such entity, your "Company"). You and your Company, if any, are jointly and severally liable for your obligations under these Terms of Service.
By using the Website or any related services, you agree to the following terms:
1. Amendment to Terms of Service.
We reserve the right to amend these Terms of Service from time to time in our sole discretion, and will post and maintain the most recent version of these Terms of Service on the Website. We may not notify Website visitors of any such amendments by e-mail or other personal contact. You are responsible for reviewing these Terms of Service upon each visit to the Website. You can determine if the Terms of Service have been revised since your last visit by referring to the "Last Modified" date at the top of this document. By continuing to use the Website, you agree to abide by any amended Terms of Service.
2. Nature of Website.
The Website is an online platform and marketplace that allows users to offer to rent various products and services in a variety of pricing formats. LendIt is not a party to any rental contract or other agreement between any users of the Website. All users are completely and exclusively responsible for the legality of subject matter and means of each actual transaction, including what is being lent, rented, shared, borrowed, and so forth, the parties involved in the transaction, and their legal ability to engage in the transaction. On the Website, users ("Lenders") can make items available for lending to other users ("Renters"). We provide Lenders with tools and instructions for posting descriptions of items offered for lending on the Website (each such item described for sharing, a "Listing"). In addition, users may communicate with other users via the Website or post text, graphics, pictures and other content on the Website (any such material, a "Posting"). We may, but are not obligated to, monitor, edit, refuse to post, or remove any Listing or Posting from the Website, in our sole discretion. Nevertheless, we are not responsible for the content of Listings or Postings posted by users. We do not verify the accuracy of the information contained therein and any monitoring we may elect to perform should not be relied upon by you for any purpose.
3. Limited Right to Use the Website.
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, and/or other intellectual property or proprietary rights laws. These Terms of Service permit you to use the Website solely for your own use, and not in connection with any service bureau, data scraping, or other commercial purposes. Our name, logo, and all related names, logos, product and service names, designs and slogans are trademarks of us or our affiliates or licensors. Other than nominative uses, you must not use such marks without our prior written permission.
LendIt does not claim any ownership rights in any user's content. LendIt may, in its sole discretion, permit users to post, upload, publish, submit or transmit content. By making available any content on or through the Website, you hereby grant to LendIt a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view and otherwise exploit that content. You acknowledge and agree that you are solely responsible for all content you post to the Website. Accordingly, you represent and warrant that you have all the necessary rights to use the content you post to the Website and that none of the content that you use will violate any laws or rights of third parties.
4. Registering on the Website; Fees and Payments; Refunds and Cancellations; Additional Information.
A user of the Website must be at least 18 years of age, and of the age of legal majority in your state or country of residence. If you registered your Company, you represent that you have written or other sufficient corporate authority to form binding contracts under applicable law on behalf of your Company each time that you use the Website. You agree that you will not allow others to use your account, nor will you use your account on behalf of any third party. You must not use the Website if your account is temporarily suspended or permanently inactivated.
LendIt charges a lending fee (the "LendIt Fee"); the LendIt Fee is a percentage of the fee for renting an item as identified in a Listing. VAT and sales tax may be charged in addition to the LendIt Fee, if applicable. The LendIt Fee is charged when a Lender lists an item for rental and is nonrefundable. Even if a Lender cancels a Listing, you will not receive a refund for the LendIt Fee.
If you are a Renter and encounter a material issue with an item in a Listing, LendIt may take the following actions, as determined by LendIt in its sole discretion. All determinations with respect to refunds shall be final and binding on the applicable Lender and Renter.
Listings on the Website, and corresponding rentals made through the Website, may be cancelled. Cancellation of any particular Listing is subject to the cancellation policy associated with that Listing. Regardless of whether a Listing is cancelled by the Lender, or a booking is cancelled by a Renter, the LendIt Fee is nonrefundable.
(e) Additional Information.
A Lender may elect to require additional information or assurances (such as a security deposit) from a Renter in connection with a Listing. Any such information will be noted in the "Additional Information Required" portion of the Listing, and any such communications and/or transactions shall solely be between the Renter and the Lender.
5. User Representations; Prohibited Uses.
You represent and warrant that (a) your use of the Website is legal in, and does not violate any laws, rules or regulations of, the jurisdiction(s) in which you reside or from which you use or otherwise access the Website; (b) all the information you provide to us is correct, including but not limited to registration information and the contents of any Listing or Posting; (c) you have the legal right and ability to enter into these Terms of Service and to use the Website in accordance with these Terms of Service; and (d) your use of the Website shall be in accordance with these Terms of Service and all applicable laws, rules or regulations.
If you are a Lender, you agree to obtain and maintain appropriate insurance coverage for any item you include in a listing, including coverage for liability arising from use thereof, and agree to provide proof of such insurance to LendIt upon request.
You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:
Additionally, you agree not to use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
6. Certain restrictions on Listings.
In addition to all other restrictions in these Terms of Service, you may not (and covenant not to) lend or otherwise make available any guns/firearms, weapons, drugs, or drug related items.
7. Limited Warranty.
YOU AGREE THAT USE OF THE WEBSITE AND THE SERVICES ON THE WEBSITE ARE ENTIRELY AT YOUR OWN RISK. WE MAKE NO ENDORSEMENT OR WARRANTY REGARDING ANY ITEMS POSTED ON THE WEBSITE OR ANY TRANSACTION ENTERED INTO THROUGH OR IN CONNECTION WITH THE WEBSITE. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY USER OF THE WEBSITE. LENDIT IS NOT INVOLVED IN ANY ACTUAL TRANSACTION BETWEEN LENDERS AND RENTERS. WE MAKE NO REPRESENTATION AND GIVE YOU NO ASSURANCE THAT:
ACCORDINGLY, THE WEBSITE AND SERVICES, INCLUDING ALL CONTENT, ITEMS, LISTINGS, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE OR ITS FUNCTIONS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THE WEBSITE MAY NOT BE CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER-CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER-CONTRIBUTED CONTENT TO US AND BY POSTING INFORMATION ON THE WEBSITE, INCLUDING LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
YOU SHALL INDEMNIFY, DEFEND AND HOLD LENDIT, ITS AFFILIATES, MEMBERS, OR ANY OF THEIR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "LENDIT PARTIES") HARMLESS AND INDEMNIFY THEM FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, JUDGMENTS AND FEES AND EXPENSES RELATED THERETO (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES), INCURRED BY ANY LENDIT PARTY IN CONNECTION WITH ANY CLAIMS ARISING OUT OF, BASED UPON OR RESULTING FROM ANY OF THE FOLLOWING: (A) ANY BREACH OR VIOLATION OF THESE TERMS OF SERVICE; (B) ANY USE OF THE WEBSITE; (C) A DISPUTE WITH ANOTHER USER; (D) ANY VIOLATION OF ANY APPLICABLE LAW OR REGULATION GOVERNING YOUR ACTIVITIES ON OR OFF OF THE WEBSITE; (E) ANY FALSE, OR INACCURATE REPRESENTATION OF ANY NATURE MADE BY YOU; (F) THE INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY; OR (G) PERSONAL INJURY, PROPERTY DAMAGE, OR ANY SIMILAR CLAIM ARISING OUT OF OR IN CONNECTION WITH (1) USE OF ANY ITEM THAT WAS THE SUBJECT OF A LISTING OR (2) ANY TRANSACTION BETWEEN A LENDER AND A RENTER.
9. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO LENDIT PARTY SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE WEBSITE OR SERVICES, OR RELATED TO USE OR MISUSE OF ANY ITEM THAT WAS THE SUBJECT OF A LISTING, OR RELATED TO THE INFORMATION, CONTENT, AND FUNCTIONS THEREOF, WHETHER GENERATED BY THE WEBSITE, BY ANOTHER USER, OR BY UNAUTHORIZED ACCESS TO THE WEBSITE, OR ANY TRANSACTION OR INTERACTION BETWEEN A LENDER AND A RENTER (INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS OR LOST SALES, BUSINESS INTERRUPTION, LOSS OF INFORMATION, DISRUPTIONS OR DELAYS ON THE WEBSITE, THIRD PARTY ACTIONS TAKEN THROUGH THE WEBSITE, ACTIONS TAKEN RELATED TO YOUR ACCOUNT, MALWARE OR COMPUTER VIRUSES OBTAINED BY USING THE WEBSITE, OR LINKS ON THE WEBSITE) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF SERVICE OR ANY OTHER AGREEMENT BETWEEN YOU AND US, OUR CUMULATIVE LIABILITY TO YOU WILL AT ALL TIMES BE LIMITED TO $100.00 (ONE HUNDRED UNITED STATES DOLLARS).
10. Release of Claims.
We do not take possession or title of any item offered for renting or lending on the Website. We are not a principal in any transaction arising out of use of the Website. We are not the agent of any Lender or Renter. Accordingly, you hereby release the LendIt Parties from any claims or liabilities, known or unknown, arising from or relating to any transaction or dispute between you and any other user of the Website, and hereby waive any statutory or other exclusion or limitation that would limit this release of claims to those known or reasonably should be known at the time of this release.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE.
11. No Refunds; Termination and Suspension.
We reserve the right to modify or discontinue operation of the Website or any portion thereof or services related thereto at any time, without notice to you. We reserve the right to refuse to provide services to anyone, in our sole discretion. We do not refund any payments you make to us for any services or for any other reason. We may immediately suspend or terminate your account when a payment dispute or credit card chargeback is initiated on a prior transaction. We reserve the right to reject your user registration by disabling your registered account on the Website, and we will notify the user of the decision to reject their registration. Even after acceptance, we may terminate or suspend your account and ability to use the Website in our sole discretion, with or without cause and without prior notice to you. If we believe your actions may cause us or other users legal liability, harm, or loss, we reserve the right to notify other users of your actions. Should you object to any of these Terms of Service or any subsequent modifications thereto or become dissatisfied with the Website and related services in any way, your only recourse is to immediately: (i) discontinue use of the Website and any related services; and (ii) terminate your membership in the Website by providing us written notice of termination. We reserve the right to deem your account inactive and close it if there is no activity on your account for one year.
12. No International Users.
The Website is operated, administered, and controlled by LendIt, LLC, a Delaware limited liability company in the United States. We make no representation that the Website is appropriate or available for use at other locations outside of the United States. You agree not to access the Website from any territories where any Website function or content is illegal. You may not use the Website or export the information found on or at the Website in violation of U.S. or other export laws and regulations. If you access the Website from a location outside of the U.S., you are responsible for compliance with all laws applicable to you, but these Terms of Service specifically prohibit such access or use and such access is in violation of these Terms of Service.
13. Choice of Law.
These Terms of Service, all matters arising from or relating to your use of the Website, and any and all claims arising out of your relationship with the LendIt Parties are governed by the laws of the State of California, excluding its conflicts of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods, and the 1974 Convention on the Limitation Period in the International Sale of Goods, as amended, are specifically excluded from applicability to these Terms of Service.
14. Dispute Resolution; Attorney's Fees
Please read this section carefully, as it affects your rights and will have substantial impact on how claims you and LendIt have against each other are resolved. You and LendIt agree that any claim or dispute at law or at equity that has arisen or may arise between us relating in any way to or arising out of this or other agreements with LendIt, your use of or access to the Website, or any products or services rented through the Website, will be resolved in accordance with the provisions set forth in this dispute resolution section.
LendIt and you each agree that any and all disputes or claims that have arisen or may arise between you and LendIt relating in any way to or arising out of these Terms of Service, your use of or access to the Website, or any products or services offered, listed, rented or advertised through the Website shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of these Terms to arbitrate. The arbitration shall be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by these Terms; the arbitration shall be conducted in the city of San Diego, California. The AAA rules are available at http://www.adr.org.
YOU AND LENDIT AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND LENDIT AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. IF A COURT DECIDES THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF ANY OF THIS PARAGRAPH'S LIMITATIONS AS TO A PARTICULAR CLAIM FOR RELIEF, THEN THAT CLAIM (AND ONLY THAT CLAIM) MUST BE SEVERED FROM THE ARBITRATION AND MAY BE BROUGHT IN COURT, SUBJECT TO YOUR AND LENDIT'S RIGHT TO APPEAL THE COURT'S DECISION. ALL OTHER CLAIMS WILL BE ARBITRATED.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in these Terms. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse LendIt for all fees associated with the arbitration. The arbitrator will render an award within the time frame specified in the AAA rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of Section 9 (Limitation of Liability) above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law.
(b) Jurisdiction and Forum.
In the event that the arbitration provision above is found not to apply to your particular claim or dispute, you agree that any claim or dispute that has arisen or may arise between you and LendIt must be resolved exclusively by a state or federal court located in San Diego County, California.
15. Communication; Notices.
Except as expressly provided otherwise herein, any notices you send to us shall be given by means of our electronic support system or by trackable mail to LendIt or, in the case of any notice we send to you, to the email address or street address listed in your account information. Notice shall be deemed given 24 hours after an electronic message is sent, unless the sending party is notified that the message did not reach the recipient or, in the case of mailing, three days after the date of mailing.
16. Relationship of the Parties.
Nothing in these Terms of Service or your use of the Website shall create any agency relationship, partnership, joint venture, employer-employee relationship or franchisor-franchisee between you and any LendIt Party, and at all times such parties shall only be independent contractors.
17. Severability; Survival.
If any part of these Terms of Service is declared unlawful, void or for any reason unenforceable by any court in any jurisdiction, then such term will be deemed severable from the remaining terms in such jurisdiction and will not affect the validity and enforceability of such remaining terms. Headings are for reference purposes only and do not limit the scope or extent of such section. All provisions in these Terms of Service regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of this Agreement.
If you believe that content hosted on the Website infringes your copyright, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:
By mail: DMCA Designated Agent c/o LendIt 1050 Hornblend St. #1 San Diego, CA 92109
19. General Provisions.
The failure by either party to exercise or enforce any rights or provisions of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service, including any other applicable terms and conditions or rules that govern your use of individual services, which are either incorporated herein by specific reference or posted on the Website from time to time, comprises the entire agreement between you and LendIt and supersedes any and all prior agreements regarding the subject hereof. These Terms of Service are binding upon and inures to the benefit of the respective successors and assigns of the parties. These Terms of Service are solely for the benefit of the LendIt Parties and you, and shall not be construed for the benefit of any third party.