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ecoBorrow, LLC Terms of Service
Last Modified August 3, 2009
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
TERMS OF SERVICE
The following terms and conditions govern all use of the ecoborrow.com website and all content, services and products available at or through the website, including, but not limited to, the ecoborrow.com application service (“Service”), (taken together, the "Website" or the "Site"). The Website is owned and operated by ecoBorrow, LLC. (referred to as “ecoBorrow”, “we”, “us” and “our” herein). References to “you” and “your” refer to users of our website whether or not registered as users. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, ecoBorrow’s Privacy Policy) and procedures that may be published from time to time on this Site by ecoBorrow (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement, whether as a guest or a registered user. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by ecoBorrow, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
1. WEBSITE. The Website (http://www.ecoborrow.com) is owned and operated by ecoBorrow. The Site and its contents may only be accessed for personal use. No material from ecoBorrow or any web site owned, operated, licensed or controlled by ecoBorrow may be used for any commercial or resale purposes. Furthermore, no materials may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without ecoBorrow’s express written permission, except that you may download one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of ecoBorrow’s copyright and other proprietary rights.
For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited. All trademarks, service marks, and trade names (collectively, the "Marks") are proprietary to ecoBorrow or other respective owners which have granted ecoBorrow the right and license to use such Marks. Any derivative use of this Website or its contents; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall the user frame any portion of the Site or any content contained therein.
While ecoBorrow uses reasonable efforts to include accurate and up-to-date information on the Website, ecoBorrow makes no warranties or representations as to its accuracy. ecoBorrow assumes no liability or responsibility for any errors or representations in the content of this Site.
The Website may contain links to other sites on the Internet which are owned and operated by other third parties (the "External Sites"). You acknowledge that ecoBorrow is not responsible for the availability of, or the content located on or through, any External Sites. You should contact the site administrator (support@ecoborrow.com) for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
2. BUSINESS PURPOSE. Our purpose is to facilitate its users in creating and/or joining online private networking groups who will list items which will then be made available to be borrowed by other group members. 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.
3. SHARING ITEMS. You can take advantage of our service by lending items to other members or by borrowing items from them. Should you choose to do so, you agree to indemnify us against any claims made by other members 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 members.
4. PRIVATE GROUPS. 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.
5. REGISTRATION.
a. Fees and Payment. By signing up as a registered user, you agree to pay ecoBorrow an annual fee of $20.00 (http://ecoborrow.com/signup). From the day you become a registered user, you will have a thirty (30) day trial period to familiarize yourself to the Website. Upon completion of the thirty days, your credit card will receive a charge of $20.00. Each registered user has an opportunity to discount their ongoing annual fee by the number of new members they referred to the Site over the life of your membership with ecoBorrow. Once five (5) of your referrals become active registered users of the Site, your ongoing annual fee will be reduced to $10.00 for the life of your membership with ecoBorrow. Once ten (10) of your referrals become active registered users of the Site, your account will be free of charge for the life of your membership with ecoBorrow. If applicable, future payments will be charged on each year’s anniversary day from your original registration date. The fees for our services are not refundable. ecoBorrow reserves the right to change the payment terms and fees for new members upon thirty (30) days notice to you. Such notice may come either in the form of an email or through a general posting on the Website.
b. Cancellation and Termination. If you wish to terminate your ecoBorrow account, you are solely responsible for properly canceling your account. An email or phone request does not constitute an account cancellation. In order to cancel your ecoBorrow subscription you must log into your account and cancel from the ‘Settings’ page of your console. Canceling your Service may result in the immediate deletion of your Content. If you cancel during the first thirty (30) days of your membership, you will not be subject to the annual fee. ecoBorrow may in its sole discretion terminate your account and your participation on the Website at any time for violation of these Terms of Use. You acknowledge and agree that upon cancellation or termination ecoBorrow is under no obligation to continue to publish your User Submissions and we may immediately delete your profile and other information and bar current or future use of the website. ecoBorrow’s proprietary rights, indemnities, releases, disclaimer of warranties, limitations of liability and jurisdiction provisions shall survive any termination of your account.
c. Refund Policy. ecoBorrow’s service offers a free 30-day trial on a new membership into ecoBorrow. If you cancel your account before you are billed thirty (30) days after your original signup date, then you won’t be charged. Once you cancel you won’t be charged again, but you are responsible for whatever charges have already been incurred for the current billing period. For example, if your billing cycle begins in August and you cancel in November, you’ll still have to pay for the current year, but you won’t be charged again after that. In order to treat everyone equally, no exceptions will be made.
d. Single Account. 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. 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.
6. ADMINISTRATORS. An individual who creates a group using the website will be deemed the "Administrator" of that group. Administrators have the ability to determine the scope and criteria for the group and may send invitations for membership into the applicable group. Administrators also have the ability to remove users from a group at any time for any reason or without a reason. ecoBorrow does not control the actions of Administrators and will not, and has no obligation to, review the actions of Administrators or participate in any manner or resolve any disputes with respect to the actions or inactions of Administrators; provided, however, Administrators shall comply at all times with these Terms of Use.
7. MISUSE OF WEBSITE. You must not interfere in any way with the operation of our Website 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. By breaching this provision, you would commit a criminal offense under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
8. RESPONSIBILITY OF REGISTERED USERS
a. Material Offered to Share. 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.
b. 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.
c. Content Posted on our Website. Users of the Website may post comments, reviews, and other content and submit suggestions, ideas, or other information, provided, the content does not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or which infringes upon the rights of any third party. The user agrees not to impersonate any person or communicate under a false name or a name the user is not entitled or authorized to use. ecoBorrow has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Site, including content that has been posted by users.
By posting content or publishing material on our Website, you grant ecoBorrow and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and material as if it were the full owner thereof. Furthermore, you grant ecoBorrow, its affiliates, and sublicensees the right to use your name and/or user name in connection with the content. You represent and warrant that all content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party. You will defend and indemnify ecoBorrow and its affiliates from any claims resulting from any content or materials you provide hereunder.
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 content posted or items offered or requested on our Website 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. You agree to notify us immediately if you notice any material published or items offered which might be considered a breach of this understanding.
9. DISPUTES. If your use of materials from this site results in the need for servicing, repair, replacement or correction of equipment or data, you assume any costs thereof. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. If you have a dispute with one or more users, you release ecoBorrow (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes and/or your inventory, lending or borrowing transactions. ecoBorrow will not, and has no obligation to, participate in any manner or resolve a dispute between or among users of the Website (including, without limitation, any disputes related to payment or rental fees, availability of items on the site or that a user will lend or borrow as promised).
10. INTELLECTUAL PROPERTY. This Agreement does not transfer from ecoBorrow to you any ecoBorrow or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with ecoBorrow. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others to material posted on our site. In fact we encourage the sharing of pertinent information to others to help promote usage of the site. ecoBorrow, ecoborrow.com, the ecoBorrow logo, and all other trademarks, service marks, graphics and logos used in connection with ecoBorrow, or the Website are trademarks or registered trademarks of ecoBorrow. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any ecoBorrow or third-party trademarks.
11. DISCLAIMER OF WARRANTY. The website and related services are provided "as is" without warranties of any kind either express or implied. ecoBorrow shall have no responsibility or liability for any content or materials posted on the site. To the fullest extent possible pursuant to the applicable law, ecoBorrow disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you. You hereby agree that use of the website and related services is at your own risk.
12. LIMITATION OF LIABILITY. In no event will ecoBorrow be liable to any party for any direct, indirect, incidental, special, consequential or punitive damages for use of the website or any other related services including but not limited to lost profits or revenues, personal injury and/or damage to property resulting from use of items and/or services offered through the site, costs of replacement, business interruptions, loss of data or damages resulting from use of or reliance on the information viewed, even if ecoBorrow is expressly advised about the possibility of such damages. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you. Notwithstanding the foregoing to the fullest extent permissible under applicable law, ecoBorrow’s aggregate liability to you shall in no event exceed the fees paid by you to ecoBorrow under this agreement during the twelve (12) month period prior to the cause of action.
13. JURISDICTION. These Terms of Use shall be governed by the laws of the State of Ohio, without giving effect to its conflict of laws provisions. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in Columbus, Ohio, for any action, suit or proceeding arising out of or relating to these Terms of Use or your use of the Website.
14. INTERNATIONAL USERS. The Website is controlled and offered by ecoBorrow from its facilities in the United States. ecoBorrow makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
15. INDEMNIFICATION. You agree to indemnify and hold harmless ecoBorrow, its respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
16. ASSIGNMENT. You may not assign your rights under this agreement to any third party, nor transfer your account or your usership to any third party.
17. WEBSITE MODIFICATIONS. ecoBorrow reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website, services and features available on the website (or any part thereof) with or without notice. You agree that ecoBorrow shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website and/or services and features of the Website (or any part thereof).
18. VARIATIONS. ecoBorrow reserves the right, from time to time, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" located at the bottom of the pages of the Website. The most current version of the Terms of Use will supersede all previous versions. We will provide at least thirty (30) days' notice before any material changes take effect. If you disagree with such changes simply discontinue your use of the Website and/or applicable services before the changes take effect. Your use of the Website and/or continued use of our service after changes are made signifies your agreement to such changes.