neigh*borrow terms, terms of use, terms of service, terms of borrowing

Last updated 4/29/11 Including Groups, Facebook groups, $100 nb guarantee.
Our Rental Policy is to be considered in conjunction with our Privacy Policy and Terms of Use. Any agents, employees, attorneys, or anyone else acting on behalf of a user must follow the terms of this Rental Policy and all other neigh*borrow Policies. Capitalized terms not defined herein shall have the same meaning as set forth in the Terms of Use. An Owner must have either all ownership rights to, or all rights allowing them to rent, the Item on their Rental Listing. Any material terms and conditions of a Rental Listing, including, but not limited to, cost of rental, security deposit, delivery, maintenance fees, or any additional fees, representations or warranties must be clearly indicated in the Rental Listing. Further, if any Rental Agreement is to be proposed by the Owner it must be attached to the Rental Listing.

Non-Rentable Objects and Goods

You agree that any Items that you offer for rent in a Rental Listing are * only objects and goods that are part of regular market commerce; * authorized under local, state, and federal laws to be held, used, and leased; * free of defects that would put persons or other property in danger; or, * not counter to the public good or unethical. The responsibility lies with Owner to ensure that the Items he or she offers for rent are legal, authorized and not forbidden. In cases where illegal products are offered for rent, penal and/or civil responsibilities may be incurred. Any user who becomes aware of a rental offer that involves forbidden goods agree to contact neigh*borrow immediately via email at info@neighborrow.com. neigh*borrow reserves the right to remove from its website any listings which are against the law, and/or contrary to its principles and morals. neigh*borrow also reserves the right to ban the user who posted said offer. Proposed Borrower's Obligations Any user, or you, who wishes to send a Rental Request to a Rental Listing (the ÒProposed BorrowerÓ) agrees that he or she will review the Rental Listing in its entirety, including any proposed Rental Agreement, before sending a Rental Request. If the Proposed Borrower wished to amend any terms of the proposed Rental Agreement, he or she must do so in his or her Rental Request. Service Fee neigh*borrow reserves the right to collect 10% of the money collected by the lender.

Disclaimers

YOU AGREE THAT NEIGH*BORROW IS NOT RESPONSIBLE FOR THE CONDITION OF THE ITEMS POSTED IN A RENTAL LISTING OR ANY DAMAGES IN. As such, neigh*borrow highly recommends that the Proposed Borrower inspect the Item prior to signing a rental and that the delivery of any Item occurs in person. You are encouraged to read the Disclaimers, Limited Liability, and Indemnification sections of our Terms of Use. neigh*borrow Is Not a Party to Any Rental Agreement neigh*borrow does not itself offer any rental services. The site is an online marketplace only, designed for the unique purpose of putting people who want to rent things in touch with people who have things to rent. We never intervene in the transaction between the Borrower and the Owner. neigh*borrow cannot thus be considered part of the Rental Agreement between users of the Site. YOU AGREE THAT NEIGH*BORROW EXERCISES NO CONTROL OVER THE QUALITY, SAFETY OR LEGALITY OF ITEMS LISTED, OR OVER THE TRUTHFULNESS OR ACCURACY OF THE RENTAL LISTINGS, OR OVER THE ABILITY OF OWNERS TO RENT THE ITEMS LISTED OR OVER THE ABILITY OF THE BORROWER TO RENT OR PAY FOR THE RENTAL OF ANY ITEMS. WE DO NOT GUARANTEE THAT THE PARTIES WILL COMPLETE ANY OR ALL TERMS OF THE TRANSACTION. Any security deposits or guarantees required by the Owner in whatever form, remains the sole responsibility of the Borrower and Owner. NEIGH*BORROW IS NOT RESPONSIBLE FOR THE COLLECTION, RETENTION, OR REFUNDING OF ANY SECURITY DEPOSIT, FOR THE CONTROL OF THE EXACT IDENTITY OF THE OWNER AND THE BORROWER, OR FOR COLLECTING MONEY OWED BY THE BORROWER TO THE OWNER OR BY THE OWNER TO THE BORROWER. For the convenience of the Owner and Borrower, neigh*borrow may make available to the Owners and Borrowers, an optional Rental Agreement Template. This Template, depending on the type of rental, includes information about the transaction such as the security deposit terms, the length of the rental, the price of the rental as well as all other information often included in rental agreements. This template is provided by neigh*borrow as an option only, to be modified and added to by the Parties as needed. You agree that neigh*borrow is not responsible for any claims related to use of the Template. You acknowledge that the Template is only a Òstarting point,Ó and that it is your sole responsibility to prepare an enforceable Rental Agreement. Accordingly, neigh*borrow recommends that you seek professional advice when preparing a Rental Agreement.

Remedies

If the proposed rental transaction is cancelled by an Owner after having transferred the funds via an Authorization Code, or if you suspect bad faith or other abuse of the Site by another user, you can contact neigh*borrow directly by emailing info@neighborrow.com and can otherwise leave feedback about the Owner. All informal complaints must be submitted by emailing neigh*borrow. neigh*borrow will do its best to attain an amiable resolution in all disputes. Any formal disputes or claims shall be handled in accordance with our Terms of Use.

Fees & Tax

Users are solely liable for all the taxes, fees and commissions resulting from use of Our Services and Our Site. (See Terms of Use). Taxes (such as, and without limitations, sales taxes) might be applicable to your transactions whether you are an individual or entity, or whether you are an Owner or a Borrower. Users are encouraged to seek tax advice from a professional. (See Terms of Use). Warranties and Limitation of Liability As set forth in the Terms of Use, neigh*borrow is not responsible for any injury or loss that may occur during any rental transaction or usage of the Site or Services. You are encouraged to review the Disclaimer, Limited Liability, and Indemnity sections of the Terms of Use.

Proof of Transactions

The computerized records kept within neigh*borrow electronic data system, and maintained using reasonable security measures, will be considered as the sole proof of the communications, orders, amounts owed, and payments made between neigh*borrow and the users. Facebook messages may be used as secondary evidence.

neigh*borrow.com's Terms of Use (TOU)

neigh*borrow is a venue site that allows registered users to inventory their collection of books, CD's, DVD's, games and tools, electronics, clothing, baby items, and other items and lend or borrow within their "neigh*borrow-hood" of friends, physical neigh*borrow-hood, social or work groups (the "Site" or "Service). The Site is owned and operated by QRINK LLC ("QRINK"). This Agreement (the "Agreement") is between you and QRINK whether or not you create an account on the Site.

By completing the registration process and clicking on the "I Accept" button, you will become a registered user and agree to be bound by the terms and conditions ("Terms") of this Agreement. You are also bound by our terms of borrowing by engaging in any type of search or or transaction via neigh*borrow's website or via email.

If you do not agree to the Terms please do not use the Site or register for the Service.

The Terms are subject to change, effective upon posting such on the Site. At our sole discretion we may send such changes to account holders via e-mail or regular mail. Continued use of the Site or Service following the posting of any changes in this Agreement will indicate acceptance by you of such changes.

1. Eligibility:

By creating an account on the Site, you represent and warrant that (a) you are 14 years of age or older; (b) all registration information that you submit is truthful and accurate and you will maintain the accuracy of such information; (c) your use of the Site or Service does not violate any applicable law or regulation. QRINK reserves the right to determine whether an individual is eligible for the Service. Use of the Service is void where prohibited.

Verified accounts and "LEND WITH CONFIDENCE"

Certain accounts at neigh*borrow's sole discretion will qualify as a verified member. neigh*borrow will guarantee to the lender that a verified member will return this item or replace it (up to $50). LENDERS are eligible if they COMPLETE a "lend it" transaction through neigh*borrow with a VERIFIED BORROWER. neigh*borrow reserves the right to remove this verification at any time or to cancel the program at any time. Lenders fully assume the liability of lending and are encouraged to make sure all items they lend out are fully operational and borrower is capable of using the item. All decisions regarding the LEND WITH CONFIDENCE program are final.

Account holders between the ages of 14 and 17 may sign up for a private neigh*borrow-hood only.

2. Lending and Borrowing:

The Service provides registered users the ability to create an inventory of their collection of books, CD's, DVD's, games and miscellaneous items and to lend and borrow from an inventory within the same "neigh*borrow-hood." QRINK does not verify a user's inventory, is not involved in the lending transaction, is not the agent of either the lender or the borrower, does not have authority over either and, therefore, is not responsible for any for any claims, demands or damages that arise from any disputes between lenders and borrowers. Likewise, borrower assumes all risk with regard to use of, access to, pickup/delivery of and all other instances relating to the "BORROWING." neigh*borrow does and will continue to to use proprietary and third party means to HELP users determine suitablity for lending and borrowing but is not respible in any way for the utilization of these ratings. To achieve a good rating and continue as a registered user of the Service, users are required to comply with the Service's lending and borrowing obligations as well as the Terms.

3. Account Password and Security:

As part of the registration process, you must select a password for access to your account. You shall be responsible for maintaining the confidentiality of your password and for all activities that occur under your account. You may be held liable for losses incurred by QRINK or a third party due to use of your password or account by someone else.

4. Appropriate Conduct and Content:

You will comply with all applicable laws and regulations regarding online conduct and content. International users agree to comply all local rules regarding online conduct and acceptable content including laws regulating the export of data from the U.S. or your country of residence.

You are solely responsible for your conduct and any content ("Items") that you submit, post, and display on the Site. You promise not to submit Items of any kind through your account that will: (1) violate local, state, national and international laws and regulations, (2) interfere with or disrupt the servers or networks; (3) mislead or deceive; (4) violate, plagiarize, or infringe upon the rights of others, including copyright, trademark, privacy or other personal or proprietary rights; or, (5) contain libelous or otherwise unlawful material.

Further prohibited activities include by way of example and not limitation:

• Modifying, adapting, translating or reverse engineering any portion of the Site.
• Removing any copyright, trademark or other proprietary rights notices contained in or on the Site.
• Collecting any information for unauthorized purposes.
• Reformatting or framing any portion of the web pages that are part of the Site.
• Creating accounts by automated means or false or fraudulent pretenses.
• Submitting content of any third-party without such third-party's prior written consent.
• Creating a false identity in order to mislead others.

Lenders are required to provide and maintain an accurate description of each Item submitted to the Service. QRINK may, but shall have no obligation to review, modify, edit, or reject or remove any Item that QRINK in its sole discretion believes is inappropriate or in violation of this Agreement.

5. Updating Account Information:

You may change your password, modify your personal information or demographic information and change your promotional e-mail preferences when you log into your account.

6. Non-commercial Use:

The Service is for the personal use only and may not be used in connection with commercial endeavors. Organizations, companies and businesses should not use the Service or Site for any purpose.

7. Proprietary Rights:

By submitting, posting or displaying any Materials on or through the Service, you automatically grant and represent that you have the right to grant, to QR ink a worldwide, non-exclusive, sublicenseable, transferable, royalty-free license to use, copy, distribute, transmit, adapt, create derivative works of, publicly perform and display such Materials.

QRINK owns and retains all rights in the Site, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except for that information which is in the public domain or for which you have been given written permission from QRINK, you may not copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary information.

8. Privacy Policy and Security:

Our PRIVACY POLICY is part of this Agreement. You understand and agree that QRINK may disclose your personal information if required to do so by law, or if we believe in good faith is necessary to comply with legal process, enforce the terms of any agreements concerning the Site, respond to any claims, protect the rights, personal safety or property of QRINK, its officers or employees, affiliates or the public.

9. Disclaimers:

QRINK LLC, its members, agents, employees, partners, and consultants (QRINK) disclaim any and all responsibility and liability for the conduct, whether online or offline, of any user of the Site. QRINK is not involved in the actual lending transaction and has no control over and does not guarantee the ability of a user to lend or borrow or that a user will lend or borrow as promised.

QRINK disclaims any and all responsibility and liability for the accuracy, quality, content, timeliness, completeness, legality, reliability, operability or availability of the information, software, products, or services or other materials contained on or available through the Site, or that defects or errors will be corrected, or that the content is free of other harmful components.

neigh*borrow SITE AND SERIVCE, AND ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND MATERIALS ARE PROVIDED "AS IS" AND, "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, QRINK EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND MATERIALS INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, FROM US WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. Some states do not allow the exclusion or limitation warranties, so the above disclaimers and exclusions may not apply to you.

YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR OWN RISK.

10. Limitation of Liability:

IN NO EVENT SHALL QRINK BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICE, OR DELAY OR INABLIITY TO USE THE SERVICE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF QRINK HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

NOTWITHSTANDING THE FOREGOING AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, QRINK's AGGREGATE LIABILITY TO YOU IN ANY CIRCUMSTANCE IS LIMITED TO $100.00.

11. Links:

The Site may provide, or third-parties may provide, links to other World Wide Web sites or resources. QRINK has no control over such sites and resources, you acknowledge and agree that QRINK is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.

12. Term of Service:

The Agreement will remain in full force and effect while you use the Site or Service.

13. Modifications and Changes:

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or Service (or any part thereof) with or without notice. You agree that QRINK shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or Service.

14. Termination:

You may cancel your registration in the Service at any time by sending e-mail to support@neigh*borrow.com. If by e-mail, include your name and the Email address associated with your account.

We may in our sole discretion, and with or without notice, terminate your account and your participation in the Service at any time and for any reason.

You acknowledge and agree that upon cancellation or termination QRINK is under no obligation to continue to publish your inventory and we may immediately delete your profile and other information and bar current or future use of the Service.

Our proprietary rights, indemnities, releases, disclaimer of warranties, limitation of liability, force majeure, and miscellaneous provisions shall survive any termination of your account.

15. Indemnity by You:

You agree to indemnify and hold harmless QRINK, its members officers, agents and employees from and against any liability, claim, loss, or demand including reasonable attorney's fees, made by any third party arising from or in any way related to your use of the Service in violation of this Agreement, breach of this Agreement and/or breach of your representations or warranties, or your violation of law or of the rights of a third party.

16. Release by You:

By registering as a user of the Service, you agree to release and hold harmless QRINK, its members, officers, agents and employees from any and all claims, demands, damages (actual and consequential) of every kind and nature, known or unknown arising from or in any way connected with your inventory, lending or borrowing transactions.

17. No Agency:

You agree that no agency, partnership, joint venture, employee-employer or fanchisee-franshisor relationship is intended or created by this Agreement.

18. Force Majeure:

QRINK shall not be held liable for any delay or failure in performance due to any force majeure event. For purposes of this Agreement, force majeure event shall mean act of nature (tornado, earthquake, flood, hurricane etc.), force or cause beyond QRINK's reasonable control including, without limitation, strike, lockout, war, fire, riot, insurrection, civil disturbance, embargo, governmental action, a domestic or foreign court or tribunal, act of God, Internet failure, electrical power failure, or act of a third party.

19. Miscellaneous:

This Agreement will be governed by and construed in accordance with the laws the State of New York, without giving effect to its conflict of law provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in New York County, State of New York for any dispute with QRINK or any or its members, officers, agents or employees. The Agreement constitutes the entire agreement between you and QRINK and supersedes any and all prior agreements and contemporaneous communications between you and QRINK with respect to the Service. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Any waiver of any provision of this Agreement by a party will be effective if in writing and signed by a party. Any cause of action by you with respect to the Site or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred. The language in the Agreement shall be interpreted as to its fair meaning and not strictly for or against either party.

You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force and effect.

Paragraph headings are inserted only as a matter of convenience and reference, and such headings are not intended and shall not be construed to define, limit, establish, interpret, or describe the scope, intent or effect of any provision of this Agreement.

Copyright Policy: We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Site; (4) your address, telephone number, and e-mail address; (5) if possible, information to permit us to notify the user who posted the allegedly infringing material; (6) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (7) 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. QRINK's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Principal, QRINK LLC, 41 River Terrace New York, NY 10282.

Last updated June 22, 2009- Last updated November 09, 2007- Last UPDATED JANUARY 10th, 2010