Borrow, lend, or rent anything, with people you can trust.

The Terms of Service below are effective for all users on Earth Day . April 22, 2009.

Terms of Service

THE FOLLOWING DESCRIBES THE TERMS ON WHICH BORROWME INC. OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the Terms of Service for BorrowMe Inc. (the "Agreement"). This Agreement describes the terms and conditions applicable to your use of our services available under the domain and subdomains of www.borrowme.com, (the "Site") and the general principles for the websites of our subsidiaries and international affiliates. If you do not agree to be bound by the terms and conditions of this Agreement, do not use the Site or access our services.

If you have any questions please refer to our Terms of Service Frequently Asked Questions.

You must read, agree with and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of BorrowMe. We strongly recommend that, as you read this Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a BorrowMe user. Please note that underlined words and phrases are links to these pages and websites. By accepting this Agreement, you also agree that your use of other BorrowMe websites will be governed by the Terms of Service and privacy policies posted on those websites.

We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site. In addition, we will notify you in accordance with your Communications Preferences. This Agreement may not be otherwise amended except in a writing signed by you and BorrowMe Inc. This agreement is effective upon acceptance in registration for new registering users and is otherwise effective on March 22, 2009 for all users registered.

Membership Eligibility
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18, or those who have not yet reached the age of majority in their jurisdiction) or to temporarily or indefinitely suspended BorrowMe members. If you are under the age of 18, or under the age of majority in your jurisdiction, you can use this Site only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use the Site. Further, your BorrowMe account (including feedback) and Display Name may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
Fees and Services
Basic membership at BorrowMe is free. We do charge fees for certain premium membership upgrades and for facilitating paid transactions through our Site. When you do list an item you have an opportunity to review and accept the fees that you will be charged in the event of a successful paid transaction. Our Fees and Credits Policy is incorporated into this Agreement by reference. We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the Site. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, .Borrow Free. days) and such changes are effective when we post the temporary promotional event on the Site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes.

Certain taxes and government charges may be payable in relation to a paid transaction. We accept no responsibility for such taxes and other government charges on transactions on the Site.
BorrowMe is a Venue
3.1 BorrowMe is not a store. Although we are commonly referred to as an online marketplace, it is important to realize that we are not a traditional "store." Instead, the Site acts as a venue to allow anyone to offer, sell, loan, gift, borrow and buy just about anything, at anytime, from anywhere, in a variety of pricing formats. We are not involved in the actual transaction between members. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of vendors to vend items/services or the ability of customers to pay for items/services. We cannot ensure that any members will actually complete a transaction.
3.2 BorrowStores Marketplace. We may offer you the availability to rent or buy/sell services or items from an area of the Site called BorrowStores.
3.3 Identity Verification. We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. User authentication is difficult and BorrowMe cannot and does not confirm user's purported identity. Thus, we may established a user-initiated feedback system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential trading partners through the tools available on the Site. You may also wish to consider using additional services like TrustMe Verification that provide an additional level of user authentication.
3.4 Release. Because we are a venue, in the event that you have a dispute with one or more users, you release BorrowMe (and our parent and its subsidiaries and joint ventures and all such person's, officers, directors, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
3.5 Information Control. We do not control the information provided by other users which is made available through the Site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice smart trading when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons (below the age of majority in your jurisdiction) or people acting under false pretence. By using this Site, you agree to accept such risks and BorrowMe is not responsible for the acts or omissions of its users.
Loss or Damage to Borrowed/Rental Items
4.1 As a party to any paid (rental) or free borrow transaction, you agree to be bound by the terms of the transaction including those related to repair, replacement or compensation for loss or damage of borrowed/rented items. If you do not agree to the borrow/rental terms for any particular item, such as the replacement cost - do not agree to the transaction, or cancel the transaction before you take possession of any item to be borrowed/rented.
Listings
5.1 Listing Description. You must be legally able to loan, gift or sell the item(s) you list on the Site. You must describe your item and all terms on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures, video and other content relevant to available transactions available on the item. All listed items must be listed with appropriate keywords.
5.2 Binding Offers. Unless otherwise specifically noted, if you make any financial transaction offer, and that offer is accepted, you are obligated to complete the transaction, unless there is an exceptional circumstance, such as: (a) the vendor fails to meet the terms of the listing, or (b) you cannot authenticate the vendors' identity.
5.3 Fraud. Without limiting any other remedies, we may suspend or terminate your account if you are found (by conviction, settlement, insurance investigation, or otherwise) or are suspected to have engaged in fraudulent activity in connection with the Site.
Your Information
6.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration, listing or transaction process, in any public message area (including, but likely not limited to the feedback, vouching, user suggestions or Help areas) or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
6.2 Restricted Activities. Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the trade in counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted and indicated as .Adult Content. and shall be distributed only to people legally permitted to receive such content; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are identical to listed items; (cc) are concurrently listed for sale on a web site other than BorrowMe's (this does not prevent linking to or advertising a BorrowMe item from another web site); or (dd) you do not have a right to link to or include. Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using our service) that, by paying to us any transaction fee, could cause us to violate any applicable law, statute, ordinance or regulation.
6.3 License. Solely to enable us to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information:
- a) In any media now known or not currently known, with respect to Your Information;
- b) In conjunction with use of item images in our Photo Library features . whereby item photos may be borrowed by members for the purposes of
describing similar items in their inventory or wish lists exclusively for use within BorrowMe, and BorrowMe related activities. You also waive all moral rights you have in such information. We will only use Your Information in accordance with our Privacy Policy.
Access and Interference
The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to BorrowMe by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of BorrowMe and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Feedback System
8.1 Integrity. You may not take any actions which may undermine the integrity of the feedback system. We may limit the number of BorrowMe listings you may place on the Site based upon the level of your feedback. We reserve the right to automatically suspend memberships with feedback ratings below an acceptable minimum, which may cause members to be unable to list or transact.
8.2 Export. You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by us, and that the composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating trading between BorrowMe users, you agree that you shall not market or export your BorrowMe feedback rating in any venue other than an BorrowMe operated website.
8.3 Import. We do not provide the technical ability to allow you to import feedback from other (non-BorrowMe operated) websites to BorrowMe because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
Breach
Without limiting other remedies, we may limit your activity, immediately remove your item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause financial loss or legal liability for you, our users or us.
Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your personal information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in The United States and/or Canada that are protected by physical as well as technical security devices. From time to time we use third parties to review our privacy practices. Read our Privacy Policy. If you object to your personal information being transferred or used in this way, please do not use our Site or services.
No Warranty
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED REPRESENTATION, WARRANTIES OF TITLE, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY LAW OR THROUGH A COURSE OF DEALING OR USAGE OF TRADE, UNLESS SPECIFICALLY REQUIRED BY LAW.
Liability Limit
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND C$150.
Indemnity
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Legal Compliance
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
No Agency
You and BorrowMe are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, any notices shall be given by registered mail to:

BorrowMe Inc.
Attn: Legal Department
Ramsay Design Centre
1202 20th Ave SE
Calgary, AB T2G 1M8

(in the case of BorrowMe) or to the email address you provide to BorrowMe during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to BorrowMe during any registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Resolution of Disputes
In the event a dispute arises between you and BorrowMe, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and BorrowMe agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
17.1 Binding Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than US$15,000, you or BorrowMe may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered in accordance with the laws and rules of arbitration of the Province or State where the registered head office of the Corporation is located by one (1) or more arbitrator(s) appointed in accordance with such rules.
17.2 Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in the Province or State where the registered head office of the Corporation is located or where the defendant is located (in our case Calgary, Alberta, and in your case your home address or principal place of business).
17.3 Alternative Dispute Resolution. Alternatively, BorrowMe will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in the Province or State where the registered head office of the Corporation is located or another location mutually agreed upon by the parties.

All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Section, the other party may recover attorneys' fees and costs up to C$1500, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
Additional Terms
The following policies are incorporated by reference into this Agreement and provide additional terms and conditions related to specific services offered on the Site:
- Privacy Policy
- General Terms of Use
- Prohibited Items Policy
- Our Fees and Credits Policy
Each of these policies may be changed from time to time and are effective immediately after we post the changes on the Site, except the Privacy Policy for which we will provide you with thirty days prior notice. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to service you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.
General
This Agreement shall be governed in all respects by the laws of the Province of Alberta and the federal laws of Canada applicable therein. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated terms and conditions may be automatically assigned by BorrowMe in accordance with Section 16 "Notices", in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This is the entire agreement between the parties relating to the use of this site. However, the BorrowMe site may describe products and services that are not available worldwide. This site may be linked to other sites which are not maintained by BorrowMe. BorrowMe is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by BorrowMe of the sites.
Contracts in English
It is the express wish of the parties that this document and any related documents be drawn up and executed in English. Les parties aux présentes ont expressément demandé que ce document et tous les documents s'y rattachant soient rédigés et signés en anglais.
Disclosures
The services hereunder are offered by BorrowMe Inc. for fees as described in Fees and Credits. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

Disputes between you and BorrowMe regarding our Site may be reported to dispute@borrowme.com. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general or a certified mediation or arbitration entity.
Submissions
Except for any personally identifiable user information, all remarks, suggestions, ideas communicated to BorrowMe through this site (together, the "Submissions") will forever be the property of BorrowMe. BorrowMe will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future BorrowMe operations. Without limitation, BorrowMe will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. BorrowMe will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not BorrowMe have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Disclaimer
The material in this site could include technical inaccuracies or typographical errors. BorrowMe may make changes or improvements at any time. The materials in this site are provided "as is" and without warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable law, BorrowMe disclaims all warranties or merchantability and fitness for a particular purpose. BorrowMe does not warrant that the functions contained in the material will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. BorrowMe does not warrant or make any representations regarding the use of or the result of the use of the material in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not BorrowMe) assume the entire cost of all necessary servicing, repair or correction. The above exclusion may not apply to you, to the extent that applicable law may not allow the exclusion of implied warranties.
Trademark Information
The following trademarks used herein are owned by BorrowMe Inc. and its affiliates: BorrowMe®, Gifts in Kindness™, BorrowStores™, PropShare™, Friendcycle™. All other trademarks are the property of the respective trademark owners.

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