1.     ACCEPTANCE OF TERMS

Borrow Freely ("Borrow Freely") welcomes you.  Borrow Freely provides its service to you subject to the following Terms of Service ("TOS"), which may from time to time be updated by us without notice to you. You can review the most current version of the TOS at any time at http://www.borrowfreely.com/terms_of_use/privacy_short.aspx.  

You and Borrow Freely shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time and incorporated herein by reference.  In addition, the TOS shall apply to your use of all services available under the domain and sub-domains of borrowfreely.com (“SITE”).

YOUR USE OR CONTINUED USE OF SITE AND SERVICE FOLLOWING BORROW FREELY POSTING ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THE TOS, DO NOT USE OR CONTINUE TO USE THIS SITE.

2.     DESCRIPTION OF SERVICE

Borrow Freely provides a venue for third-parties (“Borrower”) to request use of items and services offered by other third-parties (“Loaner”).  Borrow Freely provides users with access to a collection of resources, including search tools, sharing services, communications tools, personalized content and branded sites through its network of properties, which may be accessed through any various medium or device now known or hereafter developed (the "Service").

You understand and agree that the Service may include advertisements and that these advertisements are necessary for Borrow Freely to provide or enhance the Service. You also understand and agree that the Service may include certain communications from Borrow Freely, such as service announcements, administrative messages or a newsletter, and that these communications are considered part of Borrow Freely membership and you may not be able to opt out of receiving them. Unless explicitly stated otherwise, any new feature that augments or enhances the current Service, including the release of new Borrow Freely properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Borrow Freely assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

3.     YOUR GENERAL OBLIGATIONS

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.  You also agree to the following:

3a.  BUSINESS ELIGIBILITY

If you are registering or representing a business entity, you represent that you have the authority to bind the entity to this TOS.

3b.  FEES

You are obligated to pay all applicable fees required for use of the Service.  You can review the most current Fees and Credits policy at any time at http://www.borrowfreely.com/terms_of_use/fees_credits.aspx.

3c.  YOUR CONTENT

3c.i. “Your Content” is defined as any information you provide to Borrow Freely or the Service, or other users through the Service, in any public area or through any e-mail or message feature.  You agree you are solely responsible for Your Content, and Borrow Freely acts as a passive conduit only for the distribution and publication of Your Content.

3c.ii. Borrow Freely does not claim ownership of Your Content or make available for inclusion on the Site or Service.  However, with regard to Your Content, made available by you for inclusion on the Site or Service, you grant Borrow Freely a worldwide, royalty-free and non-exclusive license(s) to the use, distribution, reproduction, modification, adaptation, public performance and public display of Your Content on the Service for the purposes of providing and promoting the specific Borrow Freely communities and related communities to which Your Content was submitted or made available.

3d.  BORROWING, RENTING OR BUYING

As Borrower, when borrowing, receiving, renting or buying items or services offered by other individuals or entities, you agree to

3d.i. Complete the transaction with Loaner by agreeing with Loaner on the preferred method of delivery, by returning the item in the same or better condition as it was when received (normal wear and tear, exempted), and by paying in full any and all fees due for items or services;

3d.ii. Take the same or better degree of care and concern to maintain the good and safe condition of the item or service as you would your own belongings and personal well-being, but always with a reasonable degree of care;

3d.ii. Inform Loaner of any problem encountered and expectation unmet with regard to use of the item or service, so Loaner may correct the matter for next borrower or remove said item or service from the Site;

3d.iv Accept the terms of the transaction as may be established by Loaner, including those related to repair, replacement or compensation for loss or damage of item; if you do not agree to the terms established by Loaner for any item or service, do not agree to the transaction, cancel the transaction, do not take possession of item, or do not accept the service;

3d.v. Indemnify and hold Loaner harmless from any claim or demand, made by you or any third party due to or arising out of use of the item or service; and

3d.vi. Exercise integrity and honesty when using the feedback system (when activated.) You will not take any action, which may undermine the benefit of the feedback system or that may, without cause or reason, harm the rating of Loaner.

3e.  LISTINGS

When listing items and services you agree you are legally able to loan, gift, rent or sell the item or service you list on the Site, and you agree to

3e.i. List only items and services known personally to you to be in good and safe working condition;

3e.ii. Provide an honest description of the item or service and a complete list of terms required of Borrower to use said item or service;

3e.iii. Abide fully by the Inappropriate Conduct and Use Policy, which is incorporated herein by reference and may from time to time change.  You can review the most current Inappropriate Conduct and Use Policy at any time at http://www.borrowfreely.com/terms_of_use/inappropriate.aspx; and

3e.iv. Maintain Your Content, and correct or remove immediately any portion of Your Content that becomes known to you to be inaccurate, untrue, incomplete or misrepresentative in any way.  If you provide any information that is inaccurate, untrue, incomplete or misrepresentative in any way, or Borrow Freely has reasonable grounds to suspect that such information is inaccurate, untrue, incomplete or misrepresentative in some way, Borrow Freely has the right to suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof.

3f.   LOANING, RENTING OR SELLING

As Loaner, when loaning, gifting, renting or selling items and services you agree you are legally able to loan, gift, rent or sell the item or service, and you agree to complete the transaction, once received and confirmed, unless there is an exceptional circumstance, such as (a) Borrower fails to meet the terms you have listed, or (b) you cannot authenticate Borrower’s identify.  You further agree to

3f.i. Inform Borrower prior to the transaction of any and all terms and conditions associated with or required for use of the item or service;

3f.ii. Inform Borrower of any known tips, considerations, caveats or concerns regarding use of the item or service;

3f.iii. Indemnify and hold Borrower harmless from any claim or demand, made by you or any third party due to or arising out of use of the item or service.

3f.iv. Exercise integrity and honesty when using the feedback system (when activated.) You will not take any action, which may undermine the benefit of the feedback system or that may, without cause or reason, harm the rating of Borrower.

4.     GENERAL PRACTICES

You understand and agree Borrow Freely has the right and privilege to provide the Service in accordance with its Mission, Vision, Values and Corporate Purpose statements.  You acknowledge that Borrow Freely may establish practices and limits concerning use of the Service, in all matters, without exception, as Borrow Freely in its sole and own discretion deems most applicable to its Mission, Vision, Values and Corporate Purpose statements.  You can review the most current corporate statements at http://www.borrowfreely.com/basics/about.aspx.

5.     PRIVACY POLICY

Your membership data and certain other information about you are subject to our Privacy Policy. For more information, see our full privacy policy at http://www.borrowfreely.com/terms_of_use/privacy_full.aspx. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Borrow Freely and its affiliates.

6.     MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Service registration process. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Borrow Freely of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Borrow Freely cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.

7.     MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you and you alone are entirely responsible for all Content you upload, post, email, transmit or otherwise make available via the Service. Borrow Freely does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Borrow Freely be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree also to abide fully by the Inappropriate Conduct and Use Policy, which is incorporated herein by reference and may from time to time change.  You can review the most current Inappropriate Conduct and Use Policy at any time at http://www.borrowfreely.com/terms_of_use/inappropriate.aspx.

You acknowledge that Borrow Freely may or may not pre-screen Content, but that Borrow Freely and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content available via the Service. Without limiting the foregoing, Borrow Freely and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or submitted to Borrow Freely, including without limitation information in Community Message Boards and in all other parts of the Service.

You acknowledge, consent and agree that Borrow Freely may access, preserve and disclose your account information and Your Content if required to do so by law or in a good faith believe that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Borrow Freely, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Borrow Freely and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

8.     INTERSTATE NATURE OF COMMUNICATIONS ON BORROW FREELY NETWORK

When you register with Borrow Freely you acknowledge that in using the Service to send electronic communications (including but not limited to email, search queries, photos, and messages to Community Administrators), you will be causing communications to be sent through Borrow Freely’s owned and leased computer networks which are located in North Carolina and other locations in the United States. As a result, and also as a result of Borrow Freely's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the Service results in interstate data transmissions.

9.     CONTRIBUTIONS TO BORROW FREELY

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Borrow Freely through its suggestion or feedback web pages, you acknowledge and agree that (a) your Contributions do not contain confidential or proprietary information; (b) Borrow Freely is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Borrow Freely shall be entitled to use or disclose (or choose not to use or disclose) Contributions for any purpose, in any way, in any media worldwide; (d) Borrow Freely may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Borrow Freely without any obligation of Borrow Freely to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Borrow Freely under any circumstances.

10.  INDEMNITY

You agree to indemnify and hold Borrow Freely and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

11.  GENERAL RELEASE

Borrow Freely is a venue and is not involved in the transactions between Borrowers, Loaners, users and advertisers.  If you become involved in a dispute with another user or content provider of the Service, you release Borrow Freely and its subsidiaries, affiliates, officers, employees, agents, partners and licensors 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.

12.  NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. 

13.  MODIFICATIONS TO SERVICE

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

14.  TERMINATION

You agree that Borrow Freely may, under certain circumstances and without prior notice, immediately terminate your Borrow Freely account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account terminations), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Service. Termination of your Borrow Freely account includes (a) removal of access to all offerings within the Service, including but not limited to search features, Community pages, and Message Boards,  (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Borrow Freely’s sole discretion and that Borrow Freely shall not be liable to you or any third party for any termination of your account or access to the Service.

15.  DEALINGS WITH ADVERTISERS AND MEMBERS

Your correspondence, business or other dealings with, or participation in promotions of advertisers, Borrower, Lenders or other members found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other party. You agree that Borrow Freely shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or listings on the Service.

16.  LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Borrow Freely has no control over such sites and resources, you acknowledge and agree that Borrow Freely 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. You further acknowledge and agree that Borrow Freely shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

17.  BORROW FREELY’S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Borrow Freely or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Borrow Freely grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Borrow Freely for use in accessing the Service.

18.  DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a.     YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BORROW FREELY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b.    BORROW FREELY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c.     ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d.    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BORROW FREELY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

19.  LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BORROW FREELY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BORROW FREELY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

20.  EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.

21.  NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

22.  NOTICE

Borrow Freely may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.

23.  GENERAL INFORMATION

Entire Agreement. The TOS constitutes the entire agreement between you and Borrow Freely and governs your use of the Service, superseding any prior agreements between you and Borrow Freely with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Borrow Freely services, third-party items or affiliate services.

Choice of Law and Forum. The TOS and the relationship between you and Borrow Freely shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. You and Borrow Freely agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Mecklenburg, North Carolina.

Waiver and Severability of Terms. The failure of Borrow Freely to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your Borrow Freely account is non-transferable, non-assignable and any rights to your Borrow Freely ID or Contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

No Agency. Borrow Freely and you are independent and no agency, partnership, join venture, employee-employer or franchiser-franchisee relationship is intended or created by this TOS.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

24.  COPYRIGHTS

If you believe there is a copyright violation with your or another entity’s work, contact Borrow Freely through the Site contact us page or contact form.