` '

Let Me Borrow That Terms of Service

These Terms of Use (the “Agreement”) govern your use of the website located at letmeborrowthat.com the website (the “Site”) and the Services (as defined below) operated by Let Me Borrow That, LLC (“Let Me Borrow That,” “LMBT,” “us,” and “we”). Let Me Borrow That provides an online service where users can make available new or previously owned items as a Lender (“Lender”) and receive new or previously owned items as a borrower (“Borrower”); each instance of such being a transaction (“Transaction”) (the “Services”). Certain features of the Services or Site may be subject to additional guidelines, terms, or rules, which will be posted on the Service or Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement. In the event of a conflict between the additional terms and any provision in these Terms, the additional terms will prevail, but only with respect to the Service to which the additional terms apply. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SITE AND SERVICES. BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE ACCEPTING THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SITE OR SERVICES.

THE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

1. ACCOUNTS

1.1 Accounts. In order to use certain features of the Site (e.g., to use the Services), you must create an account (“Account”). To create an Account, you must provide certain information about yourself as prompted by the registration process on the Site or log in using your Facebook account. You represent and warrant that: (i) all required registration information you submit is truthful and accurate; and (ii) you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Let Me Borrow That of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Let Me Borrow That cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You may not have more than one Account. You agree not to create an Account or use the Site or Services if you have been previously removed by us or banned from any of the Services. Let Me Borrow That reserves the right in its sole discretion to suspend or terminate your Account and refuse any and all current or future use of the Site or Services (or any portion thereof) at any time for any reason. You agree that Let Me Borrow That will not be liable to you or to any third party for any suspension or termination of your Account or any refusal of any use of the Site or Services (or any portion thereof). Information on your profile will include information and content you provide and/or upload as well as information we collect from your account with social media sites (each an “SMS”) (“Profile Information”). Let Me Borrow That reserves the right in its sole discretion to remove Profile Information at any time for any reason. You agree that Let Me Borrow That will not be liable to you or to any third party for such removal.

1.2 Social Media Sites. The Services may allow users to connect with various SMSs. By connecting your SMS account, you represent that you are entitled to grant us access to your SMS account without breach by you of any SMS terms and conditions and without obligating us to pay any fees or making us subject to any usage limitations. By granting Let Me Borrow That access to your SMS account, you understand that we may access, make available, and store any information, content, or other materials that you have provided to or stored in your SMS account (“SMS Content”) accessible through the Site and Services so that it is available on your Account. Unless otherwise specified in this Agreement, all SMS Content will be deemed your User Content (as defined below) for all purposes of this Agreement. PLEASE NOTE THAT YOUR RELATIONSHIP WITH EACH SMS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SMS, AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO US BY AN SMS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN THE SMS. Let Me Borrow That makes no effort to review any SMS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Let Me Borrow That is not responsible for any SMS Content.

2. SITE

2.1 License. Subject to the terms of this Agreement, Let Me Borrow That grants you a non-transferable, non-exclusive license to use (i) the Site on any compatible browser and (ii) the other aspects of Site and Services for your personal use. To the extent the terms of this Agreement provide for usage rules that are less restrictive than or otherwise in conflict with the Usage Rules, the more restrictive term applies.

2.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof. Let Me Borrow That makes no representation that the Site or Services are appropriate for use in locations other than the United States.

2.3 Modification. Let Me Borrow That reserves the right, at any time in its sole discretion, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice for any reason. You agree that Let Me Borrow That will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof, except and if otherwise expressly set forth in Section 10.

2.4 Support and Maintenance; Updates. You acknowledge and agree that Let Me Borrow That will have no obligation to provide you with any support or maintenance in connection with the Site or Services. You agree that Let Me Borrow That is not obligated to create or provide any corrections, updates, upgrades, bug fixes, and/or enhancements of the Site or Services (each an “Update”). However, in the event Let Me Borrow That decides to offer an Update, you agree that Let Me Borrow That may amend this Agreement in connection with such Update without specific notice to you and that your use of the Site or Services following such Update is conditioned upon your acceptance of any revised Agreement. By using the Site or Services following an Update, you are representing that you have reviewed the then-current version of the Agreement and agree to be bound by such version. All Updates will be governed by the version of this Agreement published by Let Me Borrow That as of the date you use the Site or Services following such update.

2.5 Ownership. Excluding your User Content (defined below), you acknowledge and agree that (i) the Site and Services are and will remain the sole property of Let Me Borrow That and is subject to protection under U.S. and foreign copyright laws and (ii) all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and Services are owned by Let Me Borrow That or Let Me Borrow That’s licensors. Let Me Borrow That’s name, logo, and the product names associated with the Site or Services belong to Let Me Borrow That (or its licensors, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Let Me Borrow That and its partners reserve all rights not granted in this Agreement.

2.6 Feedback. You agree that submission of any ideas, suggestions, and/or proposals to us (“Feedback”) is at your own risk and that Let Me Borrow That has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Let Me Borrow That a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner it deems appropriate, any and all Feedback, and to sublicense the foregoing rights.

3. USER CONTENT

3.1 User Content. “User Content” means any and all information and content that a Lender or Borrower submits via the Site or Services (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Let Me Borrow That. Because you alone are responsible for your User Content (and not Let Me Borrow That), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Let Me Borrow That is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire. Let Me Borrow That has no responsibility or liability for the deletion or accuracy of any User Content; the failure to store, transmit, or receive transmission of User Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Site or Services. You acknowledge that Let Me Borrow That has no obligation to pre-screen User Content, although Let Me Borrow That reserves the right in its sole discretion to pre-screen, refuse, or remove any User Content that violates the Acceptable Use Policy defined within.

3.2 License. You hereby grant, and you represent and warrant that you have the right to grant, to Let Me Borrow That an irrevocable, nonexclusive, royalty-free, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

3.3 Ownership. Each user owns its own User Content. By making available your User Content on or in the Site or Services, you represent that you own or have all rights necessary to make available your User Content.

3.4 Acceptable Use Policy. The following sets forth Let Me Borrow That’s “Acceptable Use Policy”:

(a) You agree not to use the Site or Services to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

(b) In addition, you agree not to use the Site or Services to: (i) engage in any deceptive, misleading, or unfair conduct, including failing to lend items as promised, or intentionally misrepresenting the condition of an item, or otherwise deceiving or misleading another member; (ii) list or lend items involving (a) drug paraphernalia, (b) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (c) stolen goods including digital and virtual goods, (d) items that are considered obscene, (e) ammunition, firearms, or certain firearm parts or accessories, or (k) certain weapons or knives regulated under applicable law; (iii) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (iv) send, post, or upload unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise, including making any offer for money or compensation via email; (v) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (vi) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks; (vii) attempt to gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (viii) harass or interfere with another user’s use and enjoyment of the Site or Services; (ix) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials), or (x) engage in any fake transactions for the purpose of defrauding Let Me Borrow That or its users.

3.5 Enforcement and Termination. We reserve the right, but carry no obligation, to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person. Such acts may include removing or modifying your User Content, terminating your access to the Site or Services in accordance with Section 11, and/or reporting you to law enforcement authorities. In the event of such termination, Let Me Borrow That reserves the right to nullify any pending transactions without notice and terminate the offending member’s account. 

4. INDEMNITY

4.1 Indemnity. You agree to indemnify and hold Let Me Borrow That (and its officers, employees, and agents) harmless, from any claim or demand made by any third party including costs and attorneys’ fees, due to or arising out of (a) your use of the Site or Services, (b) your User Content, (c) your violation of this Agreement; (d) your violation of applicable laws or regulations, or (e) your participation in any Transaction. Let Me Borrow That reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Let Me Borrow That. Let Me Borrow That will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

5. OTHER USERS

5.1 Other Users. Each user is solely responsible for any and all of his/her User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other users are solely between you and such user. You agree that Let Me Borrow That will not be responsible for any loss or damage incurred as the result of any user interactions, including in connection with any Transaction. Let Me Borrow That is not obligated to become involved in any dispute between users. 

5.2 Release. To the extent permitted under applicable laws, you hereby release and forever discharge Let Me Borrow That (and its officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions or exchange of goods with, or act or omission of, other Site or Service users or your participation in any Transaction, including any claim for personal injury, property damage, or death. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

6. FEES AND PURCHASE TERMS

6.1 Third Party Payment Services Provider. Let Me Borrow That uses, and you agree to use, a third party service provider for payment services (e.g., credit card transaction processing, merchant settlement, and any related service fees), currently Braintree, a Division of PayPal, Inc.. (“PayPal”). By using the Site or Services, you agree to be bound by Braintree’s Acceptable Use Policy: Braintree Acceptable Use Policy. PayPal’s Privacy Policy is available for review here: PayPal Privacy Policy. You hereby consent to provide and authorize Let Me Borrow That, Braintree, and PayPal to share any information and payment instructions you provide to the extent required to complete the payment transactions in accordance with this Agreement, including personal, financial, credit card payment, and transaction information. 

Let me borrow that uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing. In order for you to use Braintree's payment processing services, you must read and agree to the Commercial Entity User Agreement (CEA) available at https://www.braintreepayments.com/legal/cea-wells and the Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement. By accepting this Agreement, you agree: (a) that you have downloaded or printed the CEA, and (b) that you have reviewed and agree to the CEA. If you have questions regarding the CEA or the PSA, please contact Braintree at 877.434.2894.

6.2 Fees. For each transaction, the Lender agrees to pay Let Me Borrow That a service fee (the "Service Fee") in U.S. dollars. Our Fee Policy is available Here and is incorporated herein by reference. Unless otherwise stated, all such fees are quoted in U.S. Dollars. Additional charges may apply. Payment is due at the time your Transaction is submitted. Let Me Borrow That accepts payment for Service Fees in U.S. Dollars only. If you submit a payment that results in Let Me Borrow That being charged non-sufficient fund fees, chargeback fees, or other similar fees, you agree to reimburse Let Me Borrow That for all such fees.

6.2.1 Lender Fees. Each transaction is charged a service fee of 15%. The service fee is deducted at the time a Borrower books an item. All funds are held in escrow until the transaction has completed. A Lender must accept the return of the item in order to release the remaining 85% of the rental amount. All fees will be released to the Lenders linked bank or Venmo accounts up to 24 hours after the Lender has accepted the return. 

6.2.2 Borrower Fees. A Borrower is responsible for the total amount of the item being rented. Each Borrower must also acknowledge if they damage or do not return the rented items; they may be charged an additional damage fee, limited to maximum of 10 times the rental amount.  

We reserve the right to change or discontinue, temporarily or permanently, some or all of the fees for the Service (including to lower fees for promotional events), and such changes are effective when we post information about the fee change through the Service, or communicate the changes via email. Additionally, we may change our Fee Policy at any time and in our sole discretion, and any changes to the Fee Policy are effective upon the posting of such changes to the Fee Policy. 

6.3 Payment Information. All payment information that you provide in connection with the Services must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT MEANS USED TO PAY ANY FEE OR CHARGE. By providing Let Me Borrow That or Braintree with your payment information, you agree that Braintree is authorized to immediately invoice you for all fees and charges due and payable to Let Me Borrow That hereunder and that no additional notice or consent is required. You agree to immediately notify Let Me Borrow That and Braintree (as applicable) of any change to your payment information. 

6.4 Taxes. You will be responsible for paying any applicable taxes relating to your payments and credits received and will indemnify and hold harmless Let Me Borrow That and Braintree from any and all taxes, including sales tax, based on any payments made or received by you in connection with the Services. Any taxes imposed on payments will be your sole responsibility. If Let Me Borrow That is legally required to report such information, you will provide Let Me Borrow That with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes.

7. MOBILE TEXT MESSAGE TERMS 

7.1 Text Messages. The following terms apply to everyone who provides Let Me Borrow That with their mobile phone number for Account verification purposes. When you provide Let Me Borrow That with your mobile phone number for Account verification purposes, you are expressly consenting to receive a text message on behalf of Let Me Borrow That, containing a verification code needed to verify your account (the “Text Services”). We do not charge a fee for the Text Services; however, depending on your messaging plan, your mobile carrier may charge you for each message we send you or that you send us. It is your responsibility to know whether your carrier will charge you per-message costs (for instance, if you do not have an unlimited texting plan, or have exceeded your monthly quota of free messages). We assume no responsibility for charges incurred by your using the Text Services. The Text Services may not be available in all areas at all times. This means we may not be able to successfully transmit SMS/MMS messages to you, and we have no liability for any such transmission delay or message failure. The Text Services may not work in the event of product, software, coverage, or other changes made by your wireless carrier or changes you make to your mobile device. You must provide your own wireless device, subscribe to a wireless service on a participating mobile carrier, and be able to receive text messages using that wireless device and your carrier’s service.

8. DISCLAIMERS

LET ME BORROW THAT MAKES NO WARRANTIES REGARDING USERS OR THE SERVICES, INCLUDING THE CONTENT OR ITEMS MADE AVAILABLE THROUGH THE SERVICES, OR THE INTERACTIONS (IF ANY) BETWEEN THE USERS WITHIN OR OUTSIDE OF THE SITE, AND EACH OF THE FOREGOING IS PROVIDED BY US “AS IS.” LET ME BORROW THAT SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS THE RESULT OF ANY SUCH INTERACTIONS. YOU ACKNOWLEDGE THAT IN ALL TRANSACTIONS YOU ARE SOLELY RESPONSIBLE FOR INSPECTING ALL GOODS RECEIVED THROUGH THE SERVICES BEFORE USING THEM AND YOU ASSUME ALL RISK OF USE. WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

9. LIMITATION ON LIABILITY

IN NO EVENT SHALL LET ME BORROW THAT, ITS, OFFICERS, AGENTS, PARTNERS, EMPLOYEES OR CONSULTANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RELATED TO THE EXCHANGE OF AN GOODS ON THE LET ME BORROW THAT MARKETPLACE, INTERACTIONS BETWEEN MEMBERS, OR INTERACTIONS BETWEEN LET ME BORROW THAT AND MEMBERS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES. LET ME BORROW THAT AND ITS AFFILIATES ARE NOT LIABLE FOR ANY LOSS OF VALUE ASSOCIATED WITH THE TRANSFER OF GOODS IN CONSIDERATION OF LET ME BORROW THAT DOLLARS.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE EXTENT ALLOWED BY APPLICABLE LAW, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS ($50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS AND LICENSORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LET ME BORROW THAT AND YOU.

10. TERM AND TERMINATION

Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. You may terminate your Account at any time, for any reason, by following the instructions on the Site. We may (a) suspend your rights to use the Site and/or Services (including your Let Me Borrow That Account) and/or (b) terminate this Agreement at any time for any reason. Upon termination of this Agreement, your Let Me Borrow That Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your Account constitutes the forfeiture of the User Content associated with your account and the deletion of your Let Me Borrow That dollars. Let Me Borrow That is not liable for any termination of this Agreement, termination of your Account, use or deletion of your User Content, or loss of your Let Me Borrow That dollars. All provisions of this Agreement will survive regardless of account termination, including and without limit to: ownership provisions, warranty disclaimers, and limitations of liability.

11. COPYRIGHT POLICY 

Let Me Borrow That respects the intellectual property of others and asks that users of our Site and Services do the same. In connection with our Site and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent: (a) your physical or electronic signature; (b) identification of the copyrighted work(s) that you claim to have been infringed; (c) identification of the material on our services that you claim is infringing and that you request us to remove; (d) sufficient information to permit us to locate such material; (e) your address, telephone number, and e-mail address; (f) a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and (g) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

To receive DMCA takedown notices; Att: Legal Department: Let Me Borrow That, LLC: 240 N Lazy Meadow Rd, Orange, CA 92869; legal@letmeborrowthat.com. You acknowledge that for us to be authorized to takedown any content, your DMCA takedown notice must comply with all the requirements of this Section. 

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

12. GENERAL

12.1 Changes to Terms of Service. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site or Services. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version at https://letmeborrowthat.com/tos. Let Me Borrow That may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

12.2 Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read this Section (“Arbitration Agreement”) carefully. It is part of your contract with Let Me Borrow That and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. (a) Contact Let Me Borrow That First. If a dispute arises between you and Let Me Borrow That, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that you will notify us about any dispute you have with Let Me Borrow That regarding our Site or Services by emailing support@letmeborrowthat.com. (b) Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by Let Me Borrow That that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Let Me Borrow That, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms. (c) Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms (“Arbitration Rules”). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States (in which case hearing will be held in the capital of your country), and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. (d) Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. (e) Authority of Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and Let Me Borrow That, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Let Me Borrow That. (f) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Let Me Borrow That in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND LET ME BORROW THAT WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. (g) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court located in Orange, California. (h) Confidentiality. No part of the procedures shall be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order or unless required by law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief. (i) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. (j) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement. (k) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Let Me Borrow That. (l) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Orange, California, for such purpose. (m) Governing Law. The Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

12.3 Miscellaneous. This Agreement constitutes the entire agreement between you and us, and supersedes all prior and contemporaneous discussions between the parties with respect to the subject matter hereof. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Let Me Borrow That’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. This Agreement is binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. 

12.4 Copyright/Trademark Information. Copyright © 2016, Let Me Borrow That. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

12.5 Contact Information. Let Me Borrow That’s contact information for any end-user questions, complaints or claims with respect to the Site of Services is:

Email: support@letmeborrowthat.com

12.6 Electronic Communications. The communications between you and Let Me Borrow That use electronic means, whether you visit the Site or send Let Me Borrow That e-mails, or whether Let Me Borrow That posts notices on the Site or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Let Me Borrow That in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Let Me Borrow That provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

12.7 Force Majeure. Let Me Borrow That shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

12.8 Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to Let Me Borrow That Properties, please contact us at: support@letmeborrowthat.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

12.9 Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.