Terms of Use for the Website
The following describes the terms on which BorrowPro offers you access to our services.
Welcome to BorrowPro. By using the services on the BorrowPro websites (BorrowPro.com and other related websites where this agreement appears), you are agreeing to the following terms, with BorrowPro Inc. By using the website you acknowledge and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you also agree that your use of some BorrowPro - branded websites or websites we operate may be governed by separate user agreements and privacy policies. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each website.
Website Description
BorrowPro is a website that is designed to facilitate people and companies for the common purpose of leasing goods between one another. Although BorrowPro provides mechanisms for users to assist with communication and transactions, BorrowPro takes no responsibility for any use, misuse, abuse or actions taken by its users. BorrowPro removes itself from any and all transactions that occur as a result of it users. BorrowPro provides no guarantees for any of the goods posted on the website. BorrowPro will not intervene in any disputes between its users. Each and every transaction is the responsibility of the lessor and lessee to see that each is in compliance with local laws, state laws, federal laws, and the terms set here. This is a “use at your own risk” website.
We do not control the truth or accuracy of content posted or the safety, or legality of the items advertised or leased. You may find other users' information or advertisements posted to be offensive, harmful, inaccurate or deceptive. The views expressed on the website are not those of BorrowPro, and any errors or omissions in them belong to the respective contributors / copyright holders. Through the use of this site, you agree to hold harmless BorrowPro and its sponsors, owners, shareholders or employees against any and all claims related to the opinions expressed by others.
The remainder of this document covers the specific terms and conditions under which each major service category of BorrowPro is provided for your use. It is your responsibility to make sure you read and understand this document before using any BorrowPro service. Please do not contribute to BorrowPro in any manner unless you have carefully read and agree with all of these terms.
Using BorrowPro
While using BorrowPro, you will not:
- Post content or items in an inappropriate category or area on our site;
- Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- Violate any laws, third party rights, or our policies such as the Prohibited and Restricted Items policies;
- Use our sites or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our sites;
- Disrupt the ordinary flow and operation of any portion of the Site, including causing a screen to scroll faster than another User may be able to type in a chat room or bulletin board environment;
- Interfere with or disrupt the Site or any server or network involved with the operation of the Site;
- Stalk or harass any other person;
- Collect or "harvest" from the Site the names of other users for the purpose of transmitting to those other users unsolicited commercial messages.
- Forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any User Content posted or transmitted through or on the Site;
- Engage in commercial activities and/or sales without BorrowPro's prior written consent including, without limitation, contests, sweepstakes, barter, or advertising;
- Post or transmit any Content that you do not have the right to post or transmit;
- Post any living organisms not limited to pets, humans, plants or animals;
- Post any firearms, guns, or ammunition;
- Post any goods that are sexual in nature both legal or illegal;
- Post any nudity, pornography or adult material;
- Post anything deemed illegal as deemed by your local, state, or federal authorities;
- Post or submit unsolicited commercial e-mail, chain letters, pyramid schemes, or seek or encourage others to engage in these activities;
- You may download and print a single copy of any content item for your personal, non-commercial use. Content items include, but are not restricted to, articles, columns, photographs, and reader comments on articles.
- You may not modify any content you download from BorrowPro. You must retain all copyright notices and logos on any content item you download or print.
- You may not make any content item originating from BorrowPro available for public access by any means whatsoever without obtaining prior written permission from BorrowPro.
- You may forward Internet URLs (Uniform Resource Locators) to third parties for private, non-commercial use, along with brief extracts that do not violate Fair Use guidelines.
- You may post, or otherwise make publicly available, excerpts from BorrowPro content items, in any publicly accessible forum, so long as they follow standard Fair Use guidelines and BorrowPro is cited alongside the excerpt as the original source with a link back to BorrowPro.
Abusing BorrowPro
BorrowPro and the Community work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us. Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
Private Areas / Member Areas
Some areas on this website are designated for specific persons only. These areas are protected by a password and intended to be accessed only by the designated person whos name appears in the membership database. Any access to these private areas by persons other than the designated person or BorrowPro staff is strictly prohibited. BorrowPro reserved the right to access all private areas on the website.
Content
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures 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 your violation of any law or the rights of a third party.
Taxes & Licenses
BorrowPro is not responsible for any taxes that may occur as a result of transactions through its website. Each user is responsible for claiming and paying taxes that may apply to their region and type of transaction.
Users are responsible for any and all licensees or certifications required by law for leasing goods. BorrowPro provides no legal lecense of any kind to its users.
Notices
Except as explicitly stated otherwise, legal notices shall be served on BorrowPro's national registered agent (in the case of BorrowPro) or to the email address you provide to BorrowPro 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 legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Resolution of Disputes
If a dispute arises between you and BorrowPro, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
BorrowPro takes no party to any transactions between its users and shall be held harmless in any disputes between users. BorrowPro will not intervene in any disputes between users and shall provide no method of resolution between lessors and lessees.
Legal Fees
The user accepts to defend and compensate BorrowPro (including reasonable lawyer fees), its agents, directors, and owners against any request or claim made by a third party, resulting from a violation or any other act for which the user is responsible. This includes but is not limited to complaints and legal claims with regards to: infringement or violation of intellectual property rights, libel, calumny or other defamation, privacy rights or “false representation”, publicity rights.
BorrowPro reserves the right to organize a defence with a lawyer of their choosing, against all legal claims, legal suits or other affairs that request financial compensation from the user or the member.
No Spam, Spyware or Spoofing
BorrowPro does not tolerate spam. Make sure to set your BorrowPro notification preferences so we communicate to you as you prefer. You are not licensed to add other BorrowPro users, even a user who has purchased an item from you, to your mailing list (email or physical mail) without their express consent. You may not use our communication tools to send spam or otherwise send content that would violate our User Agreement. We automatically scan and may manually filter messages to check for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store messages sent through these tools. If you send an email to an email address that is not registered in our community (via Refer-a-Friend or other tools), we do not permanently store that email or use that email address for any marketing purpose. We do not rent or sell any of our personal/ professional email addresses. Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others, whether they are bidders, buyers or sellers on our sites or other sites throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them. BorrowPro does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your personal information to others.
BorrowPro may send you commercial e-mail messages (unless you have chosen to opt-out of receiving them, with some exceptions, as explained below) and non-commercial e-mail messages (which are not subject to opt-out, as explained below). For example, BorrowPro may send you e-mails to (a) conduct online surveys, (b) provide information regarding our company, information regarding our website(s), marketing information about products and services, and newsletters, and (c) confirm orders placed online and to otherwise communicate with you as a customer. You may set request preferences not to receive (i.e., “opt-out” of receiving) commercial e-mail messages (the primary purpose of which is the commercial advertisement or promotion of a commercial product or service) from us (on a category-by-category basis), by clicking on Update Your Email Preferences (or otherwise visiting the e-mail campaign opt-out page), and following the directions provided on the e-mail campaign opt-out page. If you have previously opted out of receiving commercial e-mail messages related to one or more categories, you may cancel your request to opt-out of (i.e., consent to receive commercial e-mail messages from us related to) such categories (on a category-by-category basis) by clicking on Update Your Email Preferences (or otherwise visiting the e-mail campaign opt-out page), and following the directions provided on the e-mail campaign opt-out page. BorrowPro accepts advertisements from third parties that serve advertising into This Website. BorrowPro may use clear .gif files (also known as “web beacons”) provided by such third parties in the pages containing the ad(s) that BorrowPro sends to your browser. These "clear gifs" allow the third parties to automatically collect information (e.g., usage pattern information) about your visit to This Website.
Please note that we reserve the right to send e-mails to online users, including those who have opted out of receiving commercial e-mail messages, to (a) facilitate, complete or confirm a commercial transaction the user has agreed to enter into with BorrowPro; (b) provide warranty information, product recall information, or safety or security information with respect to a commercial product or service used or purchased by the user; (c) provide notification concerning a change in the terms or features of, notification of a change in the user’s standing or status with respect to, or at regular periodic intervals, account balance information or other type of account statement with respect to, a subscription, membership, account or comparable ongoing commercial relationship involving the ongoing purchase or use by the user of products or services offered by BorrowPro;