Terms of Service

1 Definitions
In these terms of service, references to 'we', 'us' and 'our' refer to LendAround LLC and our successors, subsidiaries, affiliates or assigns, and references to 'you' and 'your' refer to users of our web site whether or not registered as users. 'Our web site' or 'our site' refers to any web sites upon which we may offer our services, including 'white label' services through partners, unless it is stated on partner web sites that the partner's terms of service apply. Paragraph numbers and headings in these terms of service are for convenience only and do not form part of any agreement.

2 Bound by Use
These terms of service constitute an agreement between you and us, which you enter into by accessing our web site, even if you do not open an account or become a user. If you do not agree to these terms of service, you must immediately cease to use our web site.

3 Contract Between Us and You
Our service provides information that allows our users to lend things to each other and borrow things from each other. We neither lend items to users nor seek to borrow items, and consequently are neither party to any loans nor an agent acting on behalf of any borrower or lender. You agree that our service is limited to the provision of information.

4 Loans To and From Other Users
You may take advantage of our service to lend items to other users or to borrow items from them. Should you choose to do so, you agree to indemnify us against any claims made by other users or third parties for loss or damage however caused, whether direct or indirect, special or consequential, arising from any such loans or borrowings, and you waive any claim against us for loss or damage however caused, whether direct or indirect, special or consequential, arising from any such loans or borrowings. You agree to waive any claims against us arising from the loss of or damage to any of your own property sent or handed to any other users.

5 No Public Use
Our service is open only to private individuals, and is not to be used for lending items to the public. You may not use it to lend any item to or borrow any item from anyone who is not known to you. You may not advertise your willingness to lend or your wish to borrow on any public forum, and you may not approach anyone not known to you or provide them information about our service with a view to lending or borrowing.

6 Sharing With Friends Free of Charge
Our basic service relating to loans to and from your friends and others already known to you is free of charge. We may offer other paid services in future.

7 No Registration Right
We reserve the right to refuse to register your user details at any time for any reason or without reason, and we reserve the right to close any account and terminate any web site access without notice for any reason or without reason.

8 Single and Personal Account Only
Unless otherwise agreed by us in advance and in writing, you may open only one account. You warrant and represent that all information including personal information given by you to us in opening an account and afterwards is accurate and correct. You may not open an account if you are in prison, under arrest or a control order, or in a correctional institution under any jurisdiction.

9 Household accounts
We may at our discretion allow more than one account to be held by different individuals giving a single address. You agree to indemnify us against any loss or damages, direct or indirect, arising from any breach of these terms of service by any account holder giving the same address as you. You agree that we may also restrict, suspend or terminate your account as a result of any such breach by another user who has given the same address as you.

10 Passwords
You agree to keep secure and secret any password you use to gain access to our web site, and you agree to notify us immediately you become aware of any possibility that your password has become known to any third party. You agree that we shall be entitled to treat as yours and act on any instructions given, undertakings or decisions made, or payments authorized by a user of our web site in possession of your password. You indemnify us against any claims for loss or damage, whether direct or indirect, special or consequential, arising from any breach of your password security.

11 Licence
We grant you a non-exclusive, non-transferable licence to access, use and display our web site and to use our services as long as you comply with our terms of service. You agree not to use our web site or our service for commercial purposes.

12 Misuse of Web Site and Service
You warrant and represent that you will not interfere in any way with the operation of our site or our service; will not introduce any worms or viruses to them; will not modify or hack our site, or modify another to imply falsely any resemblance or association with ours; will not use our site or our servers to send unsolicited email to other users or third parties; will not in any way damage, overload, impair or disable our web site or its servers; will not run any automated scripts on them or direct any bots to them; will not use them to for any commercial purpose; will not use them to abuse, intimidate, harass, threaten, harm or intimidate other users or third parties; will not use them to send spam, chain letters or other forms of unsolicited mail or messages; and will not use them for any illegal or immoral purpose.

13 Material Offered by You
You warrant and represent that you have the right to offer to lend any property or items listed by you on our service as yours; that such items were purchased by or for you through normal retail channels in your country of residence and are not stolen, borrowed, commercial samples or promotional items; and that your listing or offering of such items does not breach the laws of any jurisdiction to which you are or may be subject or the rights of any third parties.

14 Prohibited Material
You agree not to offer, seek, lend or borrow any material which is sexually explicit, obscene or pornographic, or which breaches the rights, trademarks, copyrights or other intellectual property of any third parties. You agree not to send to other users of our service through the public postal services or private carrier services any material that breaches any applicable laws or the terms of service of such services or carriers.

15 Information Posted by You
You agree not to use our service to publish any material that is defamatory, objectionable, obscene, offensive or illegal, or that breaches the copyright, trademarks or intellectual property of third parties. You agree that we shall have the right to remove any material that we may reasonably consider in breach of this undertaking. By publishing material on our web site or service, you irrevocably grant us a non-exclusive royalty-free worldwide right to use, distribute, reproduce, modify and sublicense it, and to create and cause to be created derivative works of it, in any format or medium now known or to be developed in future, for commercial, non-commercial and marketing purposes. You represent and warrant that you have the right to grant these rights.

16 No Prior Review of Others' Information or Material
You agree that owing to the disparity between the number of users of our service and our own resources, we cannot be expected to review in advance material published or items offered or requested on our web site and through our service. You accept that you may be exposed to material that is objectionable, obscene, offensive, or illegal, and you waive any claims against us arising from material offered or information published by others.

17 Notification of Illegal or Offensive Material
You agree to notify us immediately if you notice any material published or items offered which might constitute a breach of paragraphs 12 to 14 of these terms.

18 Connection Charges
As with using any web site, you may become liable for Internet connection charges to an Internet Service Provider, and in particular to a mobile services provider, if you use our services. You agree that we are not responsible for such connection charges and you waive any claim against us in respect of them.

19 Claims of Breach of Copyright, Trade Mark, Intellectual Property or Other Rights
If you believe that any material published on or items offered through our site may constitute a breach or infringement of your copyright, trade mark, intellectual property or any other of your rights, then please immediately email the following information, including scanned original signatures in a file attachment, to copyright@lendaround.com: (a) a detailed description of your intellectual property, together with information on why you believe a breach or infringement has taken place; (b) exact details of the material published or items offered, including item number, exact page URL, and details of any user involved; (c) your full name, address, telephone number and email address; (d) a statement by you that you believe in good faith and upon diligent inquiry that the disputed use is not authorized by the owner of the copyright, trade mark, intellectual property or other right; and (e) a sworn or notarized statement by you that the information in your notice is true and accurate and detailing the basis on which you are authorized to act on behalf of the owner. You may also contact us by mail at LendAround LLC, 1201 Orange Street Suite 600, Wilmington, Delaware 19801.

20 Disclaimer of Warranty
Our service and our web site are offered 'as is'. We make no warranties of any kind whatsoever, either express or implied, including but not limited to warranties of title or of merchantability, fitness for any purpose, satisfactory quality, compatibility, security, accuracy non-infringement or reliability. You accept that software written by us and used in our services or on our web site may contain bugs or other errors that could give rise to errors or to the transmission or recording of incorrect information, and you agree that your sole remedy in the event of any these errors shall be to discontinue use of our service. We shall have no liability of any kind to you other than for the cumulative total of any payments you have made to us for any services.

21 Termination
We may immediately suspend or terminate your access to our service and web site if we have reasonable grounds to believe that you may have breached our terms of service or fallen victim to a third party's breach. We may delete your account and information, and may prohibit you from continuing to use our services or web site for any reason or no reason at our sole discretion.

22 No Class Actions
You irrevocably waive any right you may have to participate in any class action against us, whether in a court of law or through arbitration or any other process in a joint action with other similarly situated complainants. No such action may be combined with any other such action and you agree in the event of such action taking place to consent to any motion to sever any action of which you are a part into an individual proceeding against us.

23 Injunctive Relief
To the extent that you have infringed or threatened to infringe on our rights, we may seek injunctive relief against you in the Delaware courts, and you agree to accept notice of such injunction or our intention to seek such injunction by email.

24 Mediation and Arbitration
If a dispute arises out of or relates to this contract, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules.

25 Indemnity Against Breach
You agree to indemnify us against any loss or damage, direct or indirect, consequential or special, to which we may become subject as a result of any breach by you of these terms of service or of any account holder at your address.

26 No Transfers
You may not assign your rights under this agreement to any third party, nor transfer your account or your usership to any third party.

27 Severability
Should any part of these terms of service be held unenforceable, you agree that the remainder of the terms shall remain in full force and effect to the greatest extent possible in law.

28 Force Majeure
You agree that we shall not be liable for any delay or default in performance of services to you or of our obligations under these terms of service to the extent that such delay or default is the result of conditions beyond our control, including but not limited to acts of God, government restrictions (including the withholding of licences or the prevention of import or export), war, insurrection, natural disaster, or any cause beyond our reasonable control.

29 Entire Agreement
These terms of service constitute the entire agreement between you and us. No representations or warranties have been made to you, you may rely on no other information on our web site in choosing to open an account or use our services, and you accept that there are no other agreements between us other than those set out in these terms of service.

30 Governing Law & Jurisdiction
You agree that the governing law of these terms of service shall be the law of Delaware, and you agree to submit to the exclusive jurisdiction of the Delaware courts.

31 Modifications to Agreement
We shall have the right to modify these terms of service either with immediate effect by making reasonable efforts to give you notice by email, or with seven days' notice by publishing amendments on our web site.