Terms and Conditions of Use

PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.

Welcome to Lend Me It and the www.lendmeit.com website (the “Site”). The Site is a marketplace for lenders (“Lenders”) and renters (“Renters”) of consumer products (each, a “Rental Product” and, collectively, “Rental Products”). Your access and use of the Site, the mobile application (the “App”) and the features, products and services provided by Lend Me It, Inc. (“Lend Me It,” “we,” “us,” or “our”) through the Site or the App, but excluding any products or services provided by Lend Me It under a separate written agreement, (individually and collectively, the “Service”) is subject to the terms and conditions in this Terms of Use (this “ToU”).

You must agree to this ToU in order to use the Service. If you use the Service, or click to accept or agree to this ToU if presented to you in a user interface for the Service, we will understand this as your acceptance of this ToU and your agreement to all of its terms and conditions. By accepting this ToU or using the Service, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside. If you do not accept this ToU, then you may not use the Service.

WHILE THE SERVICE ENABLES LENDERS AND RENTERS TO COMMUNICATE WITH ONE ANOTHER, WE ARE NOT RESPONSIBLE FOR MONITORING SUCH COMMUNICATIONS, BUT RESERVE THE RIGHT TO DO SO. WE ARE NOT A PARTY TO ANY TRANSACTION THAT OCCURS BETWEEN A LENDER AND A RENTER. BY USING THE SERVICE, YOU KNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR, AND WE EXPRESSLY DISCLAIM, ANY AND ALL LIABILITY THAT MAY RESULT FROM ANY INFORMATION PROVIDED BY A LENDER OR RENTER, THE PROVISION OR USE OF ANY RENTAL PRODUCT OR THE CONDUCT, ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. LEND ME IT DOES NOT SPONSOR, ENDORSE OR RECOMMEND ANY LENDER OR A RENTER, NOR DO WE MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, AVAILABILITY OR LEGALITY OF ANY RENTAL PRODUCT. ADDITIONALLY, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT ANY LENDER IS LICENSED, QUALIFIED, INSURED OR CAPABLE OF PROVIDING ANY RENTAL PRODUCT, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY OR ACCURACY OF ANY RENTAL PRODUCT OR ANY INFORMATION PROVIDED BY A LENDER OR A RENTER. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY INFORMATION PROVIDED BY A LENDER OR A RENTER.

  1. ToU Updates. Lend Me It may update this ToU at any time, and Lend Me It will post the updated version of this ToU on the Site. You understand and agree that you will be deemed to have accepted the updated ToU if you use the Service after the updated ToU is posted. If at any point you do not agree to any portion of this ToU then in effect, you must immediately stop using the Service.
  2. Rental Agreement. When you use the Service to provide a Rental Product to a Renter or to obtain a Rental Product from a Lender (a “Rental Transaction”), you hereby agree to the terms set forth in Sections 2.1 or 2.2 below, as applicable, with respect to such Rental Transaction (the “Rental Agreement”).
    1. Terms Applicable to Lenders. If you are a Lender, you hereby agree to the following terms with respect to each Rental Product listing posted by you or on your behalf through the Service (the “Posted Listing”):
      1. You represent and warrant that (i) you are the sole owner of the Rental Product or that you have full agency or other authority to provide the Rental Product to the Renter, (ii) the Rental Product has been accurately described in the Posted Listing, including any known faults, defects or problems, (iii) except as otherwise described in the Posted Listing, the Rental Product is in proper working condition, has been maintained in accordance with the manufacturer’s instructions and, during the rental period specified in the Posted Listing, will operate in a manner that is substantially equivalent to other products of the same type, and (iv) you have the legal capacity and full authority to enter into the Rental Agreement;
      2. You are solely responsible for the cost of any repairs or adjustments to the Rental Product that are not necessitated by damage caused by the Renter; and
      3. All disputes arising out of or relating to the Rental Agreement or relating to the Renter shall be resolved through FairClaims (www.fairclaims.com).
    1. Terms Applicable to Renters. If you are a Renter, you hereby agree to the following terms with respect to each Rental Product listing posted through the Service specifying a Rental Product that you have indicated your interest in renting (the “Accepted Listing”):
      1. You represent and warrant that (i) you are knowledgeable with respect to the type of product being rented and adjustments required for the safe operation and use of the Rental Product, and (ii) you have the legal capacity and full authority to enter into the Rental Agreement;
      2. You are fully responsible for your safety and the safety of any third parties while using the Rental Product;
      3. You will (i) treat the Rental Product with at least the same degree of care as you would your own property, and in any event with reasonable care, and (ii) return the Rental Product to the Lender in the same condition as you received it, except for ordinary wear and tear, on the due date and time and at the location specified in the Accepted Listing;
      4. You understand that there will be additional charges if the Rental Product is returned at a different time, date, or location than indicated in the Accepted Listing, including late charges and/or additional rent charges, as specified in the Accepted Listing;
      5. You will ensure the Rental Product (i) remains personal property and does not become a fixture to real property, (ii) is kept free of any liens or encumbrances, and (iii) is stored in a safe place and environment;
      6. You acknowledge the Lender may repossess the Rental Product at any time without notifying you in advance if: (i) the Rental Product is used in violation of the law, (ii) it appears the Rental Product has been abandoned, (iii) the Rental Product is used in violation of the Rental Agreement, (iii) you made a misrepresentation to the Lender or (iv) you fail to return the Rental Product when due;
      7. You will pay the Lender up to the full replacement value of the Rental Product for all losses and/or damage to the Rental Product, except for ordinary wear and tear;
      8. You acknowledge that the Rental Product remains the exclusive property of Lender and is subject to inspection by the Lender at any time upon the Lender’s request;
      9. You understand and acknowledge that the Rental Product is provided by the Lender “as is” and that the Lender is not making any warranties other than those expressly set forth in Section 2.1(a) above;
      10. You will not (i) remove any labels from the Rental Product identifying the Lender as the owner, or (ii) modify the Rental Product in any manner without the Lender’s prior written approval; and
      11. All disputes arising out of or relating to the Rental Agreement or relating to the Lender shall be resolved through FairClaims (www.fairclaims.com).
  3. Provision of the Service. You are responsible for any Internet connection and telecommunications fees and charges that you incur when accessing the Service. You acknowledge and agree that Lend Me It may make changes to the Service at any time without notifying you in advance.
  4. Termination of Service. Lend Me It reserves the right to deny service to any person or entity at Lend Me It’s sole and absolute discretion. You acknowledge and agree that Lend Me It may stop providing the Service or restrict your use of the Service at any time, without notifying you in advance, for any reason or no reason, including, without limitation, for any violation of this ToU or if Lend Me It suspects that you have used any aspect of the Service to conduct any fraudulent or illegal activity.
  5. Accounts and Security.
    1. Account. To access the Service, you must have an account. You can create an account by completing the registration process. You may be required to provide information about yourself as part of the registration process or your continued use of the Service. You agree that any registration information that you submit to Lend Me It will be correct, accurate and up to date.
    2. Fees. If you are a Lender, you agree to pay Lend Me It a fee equal to twelve percent (12%) of the gross amount of the rental fee specified in each Posted Listing corresponding to a Rental Transaction (the “Transaction Fee”). You agree to pay all fees and taxes incurred by you or anyone using your account. The Transaction Fee shall be payable in U.S. Dollars at the time the rental fee is paid by the Renter. Lend Me It may, from time to time, modify, amend, or supplement its pricing and billing procedures, and such changes shall be effective immediately upon posting a link to an update of this ToU or posting such changes elsewhere on the Site or the App. If there is a dispute regarding your payment of the Transaction Fee for any Rental Transaction, Lend Me It shall have the right to terminate your account without prior notice. YOU ACKNOWLEDGE AND AGREE THAT ALL FEES AND OTHER CHARGES PAYABLE TO LEND ME IT ARE NON-REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
    3. Account Security. Maintaining account security is very important. You are solely responsible for maintaining the confidentiality of your account password. You agree to notify Lend Me It immediately if you become aware of any unauthorized use of your password or of your account.
    4. Account Sharing or Transfers. Accounts are registered to you personally and may not be sold, traded, gifted or otherwise transferred at any time under any circumstances. You may not share your account with, or disclose your password to, anyone else.
    5. Termination by Lend Me It. Lend Me It may at any time terminate your account if:
      1. Lend Me It determines that you are (i) in breach of or otherwise acting inconsistently with this ToU or (ii) engaging in fraudulent or illegal activities or other conduct that may result in liability to Lend Me It;
      2. Lend Me It determines it is required by law to terminate your account; or
      3. Lend Me It decides to stop providing the Service or critical portions of the Service.
    6. Effect of Account Termination. Accounts terminated by Lend Me It for any type of abuse including, without limitation, a violation of this ToU, may not be reactivated for any reason. If Lend Me It disables your access to your account, you may be prevented from accessing the Service, your account details or any materials contained in your account.
  6. Use Requirements.
    1. License Grant. Subject to the terms and conditions of this ToU, Lend Me It hereby grants you a limited, non-exclusive, personal, non-sublicensable, non-assignable license to use the Service, which may only be used in connection with the Service and in accordance with this ToU and any rules, restrictions and/or documentation set forth by Lend Me It from time to time.
    2. Installation. In connection with the Service, you may install the App on one or more mobile devices that you own or control and that meet the minimum specifications provided by Lend Me It.
    3. Updates. Lend Me It may require that you download and install updates to the App from time to time. You acknowledge and agree that Lend Me It may update the Service with or without notifying you and add or remove features or functions to the Service at any time in its sole discretion. You acknowledge and agree that Lend Me It has no obligation to make the Service available to you, make any subsequent versions of the Service available to you or to continue to support the Service in any way. You acknowledge that your access to the Service may not be continuous, features may change during your use of the Service, and Lend Me It may terminate your access to the Service or stop offering the Service at any time.
  7. Restrictions and Conditions of Use.
    1. Use of the Service. Lend Me It permits you to view and use the Service solely for your personal, non-commercial use. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, materials, data or services obtained from the Service. Lend Me It reserves the right to add or remove information, content or services from the Services at any time at its sole discretion.
    2. Accessing the Service. You agree not to access, or attempt to access, the Service by any means other than through the user interface provided through the Site or the App. You specifically agree not to access, or attempt to access, the Service through any automated means (including, without limitation, through the use of scripts, bots, spiders or web crawlers).
    3. No Violation of Laws. You agree that you will not, in connection with your use of the Service, violate any applicable law, ordinance, rule, regulation or treaty. Without limiting the foregoing, you agree that you will not make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
    4. Use Restrictions. You may not connect to or use the Service in any way that is not expressly permitted by this ToU.
      1. You may not: (i) remove any proprietary notices from the Service; (ii) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Service; (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity without the prior written consent of Lend Me It; or (iv) make any false, misleading or deceptive statement or representation regarding Lend Me It and/or the Service.
      2. Without limiting the foregoing, you agree that you will not: (i) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Service (or any servers, systems or networks connected to the Service) or otherwise attempt to obstruct, disrupt or interfere with the operation of the Service or any other person’s or entity’s use of the Service (or any servers, systems or networks connected to the Service); (ii) attempt to gain unauthorized access to the Service, accounts registered to other users, or any servers, systems or networks connected to the Service; (iii) use the Service for any commercial purpose unless consistent with this ToU and the intended use of the same, or for the benefit of any third party, or charge any person or entity, or receive any compensation for, the use of the Service, unless you are specifically authorized to do so in a separate written agreement with Lend Me It; (iv) use the Service to develop, generate, transmit or store information that is defamatory, harmful, abusive, obscene or hateful; (iv) use the Service to perform any unsolicited commercial communication not permitted by applicable law; or (v) use the Service to engage in any activity that (A) constitutes harassment or a violation of privacy or threatens other people or groups of people; (B) is harmful to children in any manner; (C) constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s identity (whether a real identity or online nickname or alias); or (D) violates any applicable law, ordinance, rule, regulation or treaty.
      3. Without limiting the foregoing, you agree that you will not use the Service for any other unlawful, prohibited, abnormal or unusual activity as determined by Lend Me It in its sole discretion.
    5. No Data Mining or Harmful Code. You agree that you will not (a) obtain or attempt to obtain any information from the Service including, without limitation, email addresses or mobile phone numbers of other account holders or other data; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Service, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse routine, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, any aspect of the Service.
    6. Violation of this ToU. You acknowledge and agree that you are solely responsible, and Lend Me It has no responsibility or liability to you or any other person or entity, for any breach by you of this ToU or for the consequences of any such breach. Lend Me It may at its option, terminate its relationship with you, or may suspend your account immediately if it determines you are using the Service contrary to the restrictions found in this Section 7 or any other terms of this ToU.
  8. Links.
    1. Links from the Site. The Site may contain links to websites operated by other parties. Lend Me It provides these links to other websites as a convenience and use of these websites is at your own risk. The linked websites are not under the control of Lend Me It and Lend Me It is not responsible for the content available on the other websites. Such links do not imply Lend Me It’s endorsement of information or material on any other website and Lend Me It disclaims all liability with regard to your access to and use of such linked websites.
    2. Links to the Site. Unless otherwise set forth in a written agreement between you and Lend Me It, you must adhere to Lend Me It’s linking policy as follows: (a) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Lend Me It’s or its licensors’ names and trademarks; (b) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Lend Me It; and (c) when selected by a user, the link to the Site must display the Site on full-screen and not within a “frame” on the linking Site. Lend Me It reserves the right to revoke its consent to the link at any time and in its sole discretion.
  9. Intellectual Property.
    1. Trademarks. The Lend Me It name and logo are trademarks and service marks of Lend Me It. Unless permitted in a separate written agreement with Lend Me It, you do not have the right to use any of Lend Me It’s trademarks, service marks or logos and your unauthorized use of any of these may be a violation of federal and state trademark laws.
    2. Ownership. You acknowledge and agree that Lend Me It, or its licensors, owns all right, title and interest in and to the Service, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Service is protected by U.S. and international copyright laws. Further, you acknowledge that the Service may contain information that Lend Me It has designated as confidential and you agree not to disclose such information without Lend Me It’s prior written consent.
    3. Copyright Agent. Lend Me It respects the intellectual property rights of others, and requires that people who use the Service do the same. Lend Me It maintains a policy of terminating users of the Service who engage in repeated infringing conduct. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
      • Your address, telephone number, and email address;
      • A description of the copyrighted work that you claim has been infringed;
      • A description of where the alleged infringing material is located;
      • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
      • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
      • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
      • Copyright Agent
      • Lend Me It, Inc.
      • 4100 MacArthur Blvd., Ste. 300
      • Newport Beach, CA 92660
      • Tel: (323) 642-6012
      • Email: support@lendmeit.com
  10. Social Networks. The Service includes features that operate in conjunction with certain third party social networking websites, such as Facebook (“Social Network Features”). While your use of the Social Network Features is governed by this ToU, your access and use of third party social networking websites and the services provided through these websites is governed by the terms of service and other agreements posted on these websites. You understand and acknowledge that the Service is not endorsed or certified by any of the aforementioned social networking websites.
  11. Privacy Policy. By accepting this ToU or using the Service, you represent that you have read and consent to our Privacy Policy in addition to this ToU. Lend Me It may revise the Privacy Policy at any time, and a link to the new versions will be posted on the Site. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Service. By using the Service, you agree to the then-current versions of the ToU and Privacy Policy, which will be posted on the Site.
  12. Location. The Service is operated by Lend Me It in the United States. If you choose to access the Service from a location outside of the United States, you do so on your own initiative and you are responsible for compliance with applicable local laws.
  13. User Generated Content.
    1. Content of Communications. Lend Me It is not the source of, does not verify or endorse and takes no responsibility for the content of communications made using the Service or any materials submitted or made available through the Service via any hosting, publishing or any other function which allows a user to post, upload, edit, host, publish or share content (“Submitted Content”). By using the Service, you agree that any Submitted Content may be viewable by other users of the Service. The content of communications is entirely the responsibility of the person from whom such content originated. You therefore may be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent or otherwise objectionable. Submitted Content may be protected by intellectual property rights, which are owned by third parties. You are responsible for the content you choose to communicate and access using the Service. In particular, you are responsible for ensuring that you do not submit material that is (a) copyrighted, protected by trade secret rights or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner; (b) a falsehood or misrepresentation; (c) offensive, unlawful, harmful to minors, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable; (d) an advertisement or solicitation of business; or (e) impersonating another person. Lend Me It may in its sole discretion block, prevent delivery of or otherwise remove the content of communications as part of its effort to protect the Service or its customers, or otherwise enforce the terms of this ToU. Further, Lend Me It may in its sole discretion remove such content or terminate this ToU and your access if you use any content that is in breach of this ToU.
    2. Lend Me It does not claim ownership of any Submitted Content. With respect to such Submitted Content, you grant Lend Me It a perpetual, irrevocable, non-terminable, transferrable, worldwide, royalty-free, sublicensable, fully paid-up, non-exclusive and transferable license to use, reproduce, distribute, prepare derivative works of, display, modify, copy and perform Submitted Content or any part of Submitted Content in connection with the Service and Lend Me It’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any and all media formats and through any and all media channels now known or hereafter adopted. You also hereby grant each user of the Service a non-exclusive license to access your Submitted Content through the Service while the Submitted Content is made available through the Service. You may take down any of your Submitted Content at any time; however, you acknowledge and agree, that Lend Me It may still have access to such Submitted Content and that the above licenses granted by you to Lend Me It will remain in effect despite your removal of such Submitted Content from the Service. You hereby represent, warrant and covenant that any Submitted Content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section 13.2.
    3. You acknowledge and agree that: (a) by using the Service, you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (b) you are solely responsible for, and Lend Me It has no responsibility to you or any third party for any Submitted Content that you create, submit, post or publish through the Service; (c) Lend Me It does not guarantee any confidentiality with respect to your Submitted Content; and (d) Lend Me It is not responsible for any Submitted Content provided by third parties that you may have access to through your use of the Service and all Submitted Content is the responsibility of the person from whom such Submitted Content originated. You acknowledge and agree that (i) Lend Me It has no control over and is not responsible for the use of Submitted Content by a user, including any user that has uploaded such Submitted Content to such user’s personal device; and (ii) Lend Me It may not be able to remove certain Submitted Content that is uploaded onto another user’s device. Lend Me It does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with Submitted Content.
    4. You acknowledge that Lend Me It has the right to pre-screen Submitted Content, but no obligation to do so. At Lend Me It’s sole discretion, any Submitted Content may be included in the Service in whole or in part in a modified form. In addition, Lend Me It and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Submitted Content that is available via the Service that violates this TOU or is otherwise objectionable including, but not limited to, being unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or violating any party’s intellectual property rights.
    5. You acknowledge that the Submitted Content is your sole responsibility. You are entirely responsible for the Submitted Content and agree, under no circumstances, will Lend Me It be liable in any way for Submitted Content including, but not limited to, any errors or omissions in any Submitted Content, or any loss or damage of any kind incurred as a result of the use or distribution of any Submitted Content transmitted or otherwise made available via the Service.
  14. Children. The Service is not directed toward children under 13 years of age, and Lend Me It does not knowingly collect information from children under 13 or allow them to create an account or access account features. If you are under 13, please do not submit any personal information about yourself to Lend Me It.
  15. DISCLAIMER OF WARRANTIES.
    1. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK ANDTHAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
    2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEND ME IT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
    3. LEND ME IT MAKES NO REPRESENTATION OR WARRANTY AS TO (a) THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY MATERIALS, INFORMATION OR DATA AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SERVICE; OR (b) THE VALIDITY OR ENFORCEABILITY OF ANY RENTAL AGREEMENT.
    4. LEND ME IT DOES NOT REPRESENT OR WARRANT THAT (a) YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (b) THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS; (d) DEFECTS IN THE OPERATION OF THE SERVICE WILL BE CORRECTED; OR (e) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
    5. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE OR OTHER DEVICE OR ANY LOSS OF DATA RESULTING FROM DOWNLOADING OR OBTAINING SUCH MATERIAL.
    Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
  16. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY.
    1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEND ME IT AND ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR:
      1. ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, USE, DATA OR GOODWILL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE, EVEN IF LEND ME IT OR THE RELATED PARTIES HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES;
      2. THE DELIVERY OF OR FAILURE TO DELIVER ANY RENTAL PRODUCTS; OR
      3. ANY USE OR OPERATION OF, FAILURE TO OPERATE, DAMAGE TO OR DESTRUCTION OR ANY RENTAL PRODUCT; OR
      4. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; OR
      5. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY MATERIALS, INFORMATION OR DATA MAINTAINED BY OR THROUGH YOUR USE OF THE SERVICE.
      6. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF LEND ME IT OR ANY OF THE RELATED PARTIES EXCEED ONE HUNDRED DOLLARS ($100).
      Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Lend Me It and the Related Parties shall be limited to the fullest extent permitted by law.
  17. Indemnification. You agree to defend, indemnify and hold Lend Me It and the Related Parties harmless from and against any and all claims, demands, suits, actions, proceedings, liabilities, damages, losses, costs, and expenses (including, without limitation, reasonable attorneys’ fees and court costs) resulting from, arising out of or relating to (a) your use of the Service; (b) your transaction with a Lender or Renter, as applicable; or (c) your breach of this ToU or any other policies that Lend Me It may issue for the Service from time to time.
  18. Governing Law; Jurisdiction. This ToU is governed by California law, without regard to conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and Lend Me It agree that, except as otherwise provided in Section 19 below, the state and federal courts located in Orange County, California will have exclusive jurisdiction of all disputes arising out of or related to this ToU or your use of the Site, the App or the Service and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, Lend Me It shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.
  19. Binding Arbitration.
    1. Arbitration Procedures. You and Lend Me It agree that, except as provided in Section 19.3 below, all disputes, controversies and claims related to this ToU, the Service or any Rental Transaction (each a “Claim”) shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. You agree that any Claim by you against Lend Me It shall be conducted by FairClaims in accordance with the terms set forth at www.fairclaims.com at the time the arbitration is initiated (the “FairClaims Terms”) and under the terms set forth in this ToU. In the event of a conflict between the terms set forth in this Section 19 and the FairClaims Terms, the terms in this Section 19 will control and prevail.
    2. Limitations. You and Lend Me It agree that any arbitration shall be limited to the Claim between Lend Me It and you individually. YOU AND LEND ME IT AGREE THAT (a) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (b) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (c) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
    3. Exceptions to Arbitration. You and Lend Me It agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Claim seeking to enforce or protect, or concerning the validity of, any of Lend Me It’s intellectual property rights; (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for equitable relief.
    4. Severability. You and Lend Me It agree that if any portion of this Section 19 is found illegal or unenforceable (except any portion of Section 19.3), that portion shall be severed and the remainder of the section shall be given full force and effect. If Section 19.3 is found to be illegal or unenforceable then neither you nor Lend Me It will elect to arbitrate any Claim falling within that portion of Section 19.3 found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within Orange County, California, and you and Lend Me It agree to submit to the personal jurisdiction of that court.
  20. General.
    1. ToU Revisions. This ToU may only be revised in a writing signed by Lend Me It, or published by Lend Me It on the Site and/or in the App
    2. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Lend Me It as a result of this ToU or your use of the Service.
    3. Assignment. Lend Me It may assign its rights under this ToU to any person or entity without your consent. The rights granted to you under this ToU may not be assigned without Lend Me It’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.
    4. Severability. If any part of this ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.
    5. Attorneys’ Fees. In the event any litigation or arbitration is brought by either party in connection with this ToU, except as otherwise provided in Section 19, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
    6. No Waiver. Our failure to enforce any provision of this ToU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by Lend Me It of any provision, condition or requirement of this ToU shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.
    7. Notices. All notices given by you or required under this ToU shall be in writing and sent to help@lendmeit.com.
    8. Equitable Remedies. You acknowledge and agree that Lend Me It would be irreparably damaged if the terms of this ToU were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this ToU, in addition to such other remedies as we may otherwise have available to us under applicable laws.
    9. Entire Agreement. This ToU, including the documents referenced in this ToU, constitutes the entire agreement between you and Lend Me It with respect to the Service and supersedes any and all prior agreements between you and Lend Me It relating to the Service.

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