Terms Of Service

Last updated on 2017-02-26.

Lend'emOut provides its users with an online platform to rent things they own to others and rent things they need from others, via the Lend'emOut website and domain name offered from time to time (collectively, the "Website") and/or the Lend'emOut mobile application(s) (collectively, the "Application" and together with the Website, the "Lend'emOut Service"). The Lend'emOut Service is owned and operated by Appemout, Inc., a Delaware corporation ("Lend'emOut", "Lendemout", "we" or "us").

Your use of the Lend'emOut Service is subject to the terms and conditions set forth in these Terms of Service (the "Terms of Service").

PLEASE READ THE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING ANY PART OF THE LENDEMOUT SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND TO ALL THE TERMS OF THE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE LENDEMOUT SERVICE. USE OF THE LENDEMOUT SERVICE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS OF SERVICE.

Key Terms

  • "Owner or Lender" is a Member who creates a Listing via the Lend'emOut Service.
  • "Renter" is a Member who rents the items or services from an Owner.
  • "Member" is a person who has registered for a Lend'emOut account by completing the sign-up process.
  • "Listing" is an item or collection of item(s) or service(s) listed by an Owneron the Lend'emOut Service.
  • "Booking or Booking Request" is a limited license granted by the Owner to the Renter to use the Listing for the limited duration of the accepted booking.

The Lend'emOut Service is meant for those at least eighteen (18) years of age. Use of the Lend'emOut Service by anyone under the age of 18 is a violation of the Terms of Service.

  1. Updates to Terms of Service; Integration.

    We may, in our sole discretion, modify the Terms of Service via email or by posting notice on any part of the Lend'emOut Service. The "Last Updated" date at the top the Terms of Service indicates when the latest modifications were made to the Terms of Service. By continuing to access and use the Lend'emOut Service, you agree to any such modifications. Therefore, you are responsible for reviewing and should become familiar with any such modifications. We recommend that you review the Terms of Service prior to each use of the Lend'emOut Service. In addition, when using particular services or features on the Lend'emOut Service, you will be subject to any posted guidelines or policies applicable to such services or features that may be posted from time to time, including but not limited to the Privacy Policy as noted below. All such guidelines or policies are hereby incorporated by reference into these Terms of Service.

  2. Privacy Policy.

    Use of the Lend'emOut Service is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of these Terms of Service. Please carefully review our Privacy Policy. By using or accessing the Lend'emOut Service, you agree to be bound by the terms of our Privacy Policy.

  3. Intellectual Property.

    You acknowledge that all materials on the Lend'emOut Service, including the Website design, Application design, graphics, text, sounds, pictures, and other files and the selection and arrangement thereof (collectively, "Materials"), are the property of Lend'emOut and/or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms of Service are reserved to their respective copyright owners. Lend'emOut authorizes you to view, download and/or print the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by the Terms of Service, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, scrape, copy, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Lend'emOut or the respective copyright owner. In an absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described at the Lend'emOut Service are the sole property of Lend'emOut and/or its licensors and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of Lend'emOut and/or its licensors. Lend'emOut reserves the right to enforce its intellectual property rights to the fullest extent of the law.

    For the avoidance of doubt, your use of the Lend'emOut Service is solely and exclusively under the limited license granted herein and you will not obtain any ownership interest therein through the Terms of Service or otherwise. All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with any aspect of the Lend'emOut Service are either the property of Lend'emOut, its affiliates or licensors. Lend'emOut retains the right to rescind and terminate the limited license granted hereunder at any point, for any reason. All rights not expressly granted herein by Lend'emOut to you are fully reserved by Lend'emOut, its advertisers and licensors.

    Some of the company and product names, logos, brands, and other trademarks featured or referred to within the Lend'emOut Service may not be owned by us, and are the property of their respective trademark holders. These trademark holders are not affiliated with, nor do they sponsor or endorse, Appemout, Inc., the Lend'emOut Service, our products and services, the Website and/or the Application.

  4. Mobile Participants.

    You understand and agree that various entities unaffiliated with us make up the "mobile ecosystem" that enables you to access, visit and/or use the Lend'emOut Service via your computer, mobile or other device, including without limitation equipment, hardware and software manufacturers and providers, telephone, mobile, wireless, and Internet network providers and carriers, and sellers or providers of content for use with the Lend'emOut Service. We do not represent, warrant or guarantee that all portions of the Lend'emOut Service, or the Lend'emOut Service as a whole, can be accessed via all mobile or other devices, or via all carriers and service plans or is available in all geographic locations.

  5. Third Party Sites.

    Links provided via the Lend'emOut Service to third party websites and services are provided only as a convenience. If you use these links, you may leave the Lend'emOut Service. Lend'emOut does not control nor endorse any such third party websites. You agree that the Lend'emOut Parties, as defined below, will not be responsible or liable for any content, goods or services provided by such third party websites or for your use or inability to use such third party websites. You will use such links at your own risk. Your interactions with organizations and/or individuals found on or through the Lend'emOut Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You are advised that other websites on the Internet, including third party websites linked from the Lend'emOut Service, might contain material or information: that some people may find offensive or inappropriate; that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. Lend'emOut expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website.

  6. Overview of the Lend'emOut Service

    The Lend'emOut Service provides an online marketplace for Renters and Owners to list, discover and rent Items and Services directly with each other. Such Items and Services are included in Listings on the Lend'emOut Service by Owners. You may view Listings without signing up for an account on the Lend'emOut Service. However, tasks such as creating a Listing, booking a Listing, communicating with Owners and Renters on the Lend'emOut Service requires registering for a Lend'emOut account.

    Lend'emOut provides an online marketplace with the necessary technology for Renters and Owners to rent Items and Services. Lend'emOut does not own nor provide any of the Items and Services offered in the Listings created by the Owners. Lend'emOut does not manage and/or control the Items and Services offered in the Listings created by the Owners. Except where explicitly described, Lend'emOut's responsibilities are limited to maintaining the availability of the Lend'emOut Service.

    PLEASE NOTE THAT, AS STATED ABOVE, THE LENDEMOUT SERVICE IS INTENDED TO BE USED TO FACILITATE OWNERS AND RENTERS CONNECTING AND BOOKING ITEMS AND SERVICES DIRECTLY WITH EACH OTHER. LENDEMOUT CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ITEMS OR SERVICES. LENDEMOUT IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND THE ITEMS AND SERVICES. ACCORDINGLY, ANY BOOKINGS AND TRANSACTIONS WILL BE MADE AT THE MEMBER'S OWN RISK.

  7. Use of the Lend'emOut Service.

    You may be required to establish an account in order to use the Lend'emOut Service and/or take advantage of certain features. If so, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Lend'emOut Service; and (b) as permitted, maintain and promptly update such information. If you provide any information that is false, inaccurate or outdated, or Lend'emOut has reasonable grounds to suspect that such information is false, inaccurate or outdated, Lend'emOut has the right to suspend or terminate your account and prohibit any and all current or future use of the Lend'emOut Service by you.

    You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. Your account is meant to be private and you shall not share accounts for any reason. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You agree to be responsible for all charges resulting from the use of your account via the Lend'emOut Service, including charges resulting from unauthorized use of your account.

    In lieu of creating an account, you can also use the Lend'emOut Service by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such account, a "Third-Party Account"), via the Lend'emOut Service, as described below. As part of the functionality of the Lend'emOut Service, you may link your account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Lend'emOut through the Lend'emOut Service; or (ii) allowing Lend'emOut to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Lend'emOut and/or grant Lend'emOut access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Lend'emOut to pay any fees or making Lend'emOut subject to any usage limitations imposed by such third-party service providers. By granting Lend'emOut access to any Third-Party Accounts, you understand that Lend'emOut will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Lend'emOut Service via your account. Unless otherwise specified in these Terms of Service, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms of Service. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your account on the Lend'emOut Service. Please note that if a Third-Party Account or associated service becomes unavailable or Lend'emOut's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Lend'emOut Service. You have the ability to disable the connection between your account and your Third-Party Accounts, at any time, by accessing the "Account" section of the Lend'emOut Service. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Lend'emOut makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Lend'emOut is not responsible for any SNS Content.

    We will create your account and your profile page for your use of the Lend'emOut Service based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active account on the Lend'emOut Service. Lend'emOut reserves the right to suspend or terminate your account and your access to the Lend'emOut Service if you create more than one (1) account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.

    You agree to use the Lend'emOut Service only for lawful purposes and that you are responsible for your use of and communications and content you may post via the Lend'emOut Service. You agree not to post or transmit any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes upon others' intellectual property rights, impersonates any individual or entity, or otherwise violates any applicable law. You agree not to use the Lend'emOut Service in any manner that interferes with its normal operation or with any other user's use of the Lend'emOut Service.

    You may not do any of the following while accessing or using the Lend'emOut Service: (i) access, tamper with, or use non-public areas of the Lend'emOut Service, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Lend'emOut Service by any means other than through our currently available, published interfaces that are provided by us, unless you have been specifically allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Lend'emOut Service to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Lend'emOut Service, or otherwise creating an undue burden on the Lend'emOut Service.

    You may not use manual or automated software, devices, or other processes to "crawl", "scrape", or "spider" any page of the Lend'emOut Service. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any part of the Lend'emOut Service.

    You further agree that you will not access the Lend'emOut Service by any means except through the interface provided by Lend'emOut for access to the Lend'emOut Service. Creating or maintaining any link from another application to any page at the Lend'emOut Service without the prior authorization of Lend'emOut is prohibited. Running or displaying the Lend'emOut Service, or any information or material displayed via the Lend'emOut Service in frames or through similar means on another website or application without the prior authorization of Lend'emOut is prohibited. Any permitted links to the Lend'emOut Service must comply with all applicable laws, rule and regulations.

    Lend'emOut makes no representation that Materials contained, described or offered via the Lend'emOut Service are accurate, appropriate or available for use in jurisdictions outside the United States, or that these Terms of Service comply with the laws of any other country. Visitors who use the Lend'emOut Service and reside outside the United States do so on their own initiative and are responsible for compliance with all applicable law. You agree that you will not access the Lend'emOut Service from any territory where its contents are illegal, and that you, and not the Lend'emOut Parties, are responsible for compliance with applicable law.

  8. Communications to You.

    The communications between you and us usually use electronic means, whether you access, visit or use the Lend'emOut Service, send us messages, or whether we post notices on the Lend'emOut Service or communicate with you via messaging. For contractual purposes, you (a) consent to receive communications from us in electronic form; and (b) agree that all notices, documents, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Your consent to receive communications and do business electronically, and your agreement to do so applies to all of your interactions and transactions with us.

  9. Content.

    All Content is the sole responsibility of the person who originated such content.You acknowledge that all Content transmitted or accessed by you using the Lend'emOut Service, is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. You remain solely responsible for all Content that you transmit in connection with the Lend'emOut Service, and you warrant that you possess all rights necessary to provide such Content. We reserve the right to remove any objectionable Content in our sole discretion. You understand that by providing Content publicly in connection with the Lend'emOut Service, you hereby grant us a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable and transferable right to fully exploit such Content (including all related intellectual property rights) in connection with our business.

    For purposes of these Terms of Service, the term "Content" includes, without limitation, any information, text, reviews, videos, audio clips, comments, information, data, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible through the Lend'emOut Service.

  10. Items, Services and Listings.

    Through your use of the Lend'emOut Service, you may list item(s) available for rent or services via the Lend'emOut Service (a "Listing"). To create a Listing, you will be asked a variety of questions about the item/service to be listed, including, but not limited to, the location, description, photos, features, availability, pricing and related rules and financial terms. In order to be featured on the Lend'emOut Service, all Listings must have approximate physical addresses (we typically ask you to provide the city, state, zip and country information). Listings will be made publicly available via the Lend'emOut Service. Other users will be able to view your listings via the Lend'emOut Service and may contact you and/or book your listings based upon the information provided in your Listing. You understand and agree that once a Renter requests a booking of your Listing, you may not request the Renter to pay a higher price than in the booking request. You may charge the renter for any extra items or services provided in relation to a booking request, beyond what was originally agreed to in the booking request, using the claims process.

    Please find below a list of items and services that are prohibited from being posted in a Listing on the Lend'emOut Service. For the avoidance of doubt, this list is not exhaustive and merely represents examples of prohibited items.

    • weapons; firearms/guns and components; BB/pellet, stun, and spear guns; etc
    • ammunition, clips, cartridges, reloading materials, gunpowder, fireworks, explosives
    • recalled items; hazardous materials; body parts/fluids; unsanitized bedding/clothing
    • prescription drugs, medical devices; controlled substances and related items
    • alcohol or tobacco; unpackaged or adulterated food or cosmetics
    • child pornography; bestiality; offers or solicitation of illegal prostitution
    • pets, animal parts, stud service
    • false, misleading, deceptive, or fraudulent content; bait and switch; keyword spam
    • offensive, obscene, defamatory, threatening, or malicious postings or email
    • anyone's personal, identifying, confidential or proprietary information
    • food stamps, WIC vouchers, SNAP or WIC goods, governmental assistance
    • stolen property, property with serial number removed/altered, burglary tools, etc
    • ID cards, licenses, police insignia, government documents, birth certificates, etc
    • US military items not demilitarized in accord with Defense Department policy
    • counterfeit, replica, or pirated items; tickets or gift cards that restrict transfer
    • lottery or raffle tickets, sweepstakes entries, slot machines, gambling items
    • spam; miscategorized, overposted, cross-posted, or nonlocal content
    • postings or email the primary purpose of which is to drive traffic to a website
    • postings or email offering, promoting, or linking to unsolicited products or services
    • affiliate marketing; network, or multi-level marketing; pyramid schemes
    • any good, service, or content that violates the law or legal rights of others

    Please contact us if you see any of the above-mentioned items or services in a Listing on the Lend'emOut Service.

    You acknowledge and agree that you are responsible for any and all Listings you post. Please note that Lend'emOut assumes no responsibility for your compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Lend'emOut reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Lend'emOut, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms of Service or Lend'emOut's then-current policies or otherwise harmful to the Lend'emOut Service.

    Any agreement you enter into with another user for renting/selling/buying items is between you and that user, and Lend'emOut is not a party thereto. We recommend that you always exercise due diligence and care when deciding whether to enter into an agreement, or to have any other interaction with any other user. For bookings made through the Lend'emOut Service, Lend'emOut serves as the limited authorized payment collection agent of the Owner for the purpose of accepting, on behalf of the Owner, payments from Renters of such amounts stipulated by the Onwer (including any unpaid charges, claims or other fees and/or Taxes). If you are an Owner, you understand and agree that Lend'emOut does not act as an insurer or as your contracting agent.

    You assume all risk when using the Lend'emOut Service, including but not limited to all of the risks associated with any online or offline interactions with users and any other people with which you may interact while using the Lend'emOut Service. You agree to take all necessary precautions when communicating with individuals through the Lend'emOut Service.

    Lend'emOut does not endorse any user or any Listing. Lend'emOut also does not guarantee the condition of any item listed by the users of the Lend'emOut Service. By using the Lend'emOut Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular users who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Lend'emOut with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other users on the Lend'emOut Service regarding or Listings made by you. This limitation shall not apply to any claim by an Owner against Lend'emOut regarding the remittance of payments received from a Renter by Lend'emOut on behalf of an Owner, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".

    Please note that Lend'emOut does not currently charge fees for the creation of Listings. However, you acknowledge and agree that Lend'emOut reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Lend'emOut will provide notice of any Listing fee collection via the Lend'emOut Service, prior to implementing such a Listing fee feature.

  11. Bookings

    • Key Terms

      "Rental Fees" (alternatively "Booking Fees") refer to the amounts that are due and payable by the Renter in exchange for the use of the item(s) or for the services offered by the Owner through their Listing.

      "Owner Fees" are the fees that Lend'emOut charges an Owner for the use of the Lend'emOut Service, and is a percentage of the Rental Fees.

      "Renter Fees" are the fees that Lend'emOut charges a Renter for the use of the Lend'emOut Service, and is a percentage of the Rental Fees.

      "Service Fees" refer to the sum of the Owner Fees and Renter Fees.

      "Total Fees" refer to the sum of the Rental Fees, Renter Fees, and any taxes.

      "Booking Response Period" refers to the time period starting from the time a booking request is submitted by a Renter (as determined by Lend'emOut in its sole discretion), within which an Owner may decide whether to accept or reject that booking request. Different Booking Response Periods may apply in different places. Lend'emOut may, at its sole discretion, change the Booking Response Period at any time, in which case the new Booking Response Period shall apply to any new bookings submitted from that point of time onwards.

      "Offline Transactions" refers to any transaction between an Owner and a Renter that happens outside the Lend'emOut Service.

      "Online Transactions" (alternatively "Online Bookings") refers to the bookings made using the booking features provided by the Lend'emOut Service. Any transaction (including but not limited to agreements and payments) between an Owner and a Renter that happens outside of the Lend'emOut Service will be deemed an Offline Transaction, even if it is made in relation to an Online Transaction.

    • Booking Terms For Owners

      If you are an Owner and you receive a booking request for your Listing via the Lend'emOut Service, you will be required to either accept or decline the booking request within the Booking Response Period, otherwise the booking request will automatically expire. When a booking is requested via Lend'emOut Service, we will share with you (i) the first and last name of the Renter who has requested the booking, (ii) a link to the Renter's Lend'emOut Account profile page, (iii) if the Renter and Owner have both connected their Lend'emOut accounts to SNS, the names of any members of an SNS with whom you are "friends" or associated on the SNS if such individuals are also "friends" or associated with the Renter on such SNS, and (iv) an indication of whether or not the Renter has provided other information to Lend'emOut, such as a verified email address, connection to SNSs, or a government ID. If you are unable to accept or decline a booking request within the Booking Response Period, any amounts collected by Lend'emOut for the requested booking will be refunded to the applicable Renter's credit card and any pre-authorization of such credit card will be released. When you accept a booking requested by a Renter, Lend'emOut will send you an email, text message or message via the Lend'emOut Service confirming such booking, depending on the selections you make in your account settings on the Lend'emOut Service.

      Lend'emOut will collect the Total Fees at the time of booking acceptance (i.e. when the Owner accepts the booking request) and will initiate payment of the Rental Fees (less Lend'emOut's Owner Fees and any Taxes in respect of the Owner Fees, such as VAT in Europe) to the Owner within 24 hours of when the booking starts (except to the extent that a refund is due to the Renter). The time it takes for the Owner to receive payouts may depend upon the payout method chosen by the Owner. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Owner, including by deducting their charges from the payout amount.

      Each Owner hereby appoints Lend'emOut as the Owner's limited payment collection agent solely for the purpose of accepting the Rental Fees from Renters.

      Each Owner agrees that payment made by a Renter through Lend'emOut, shall be considered the same as a payment made directly to the Owner, and the Owner will make the Items and Services agreed upon in the booking available to the Renter in the agreed-upon manner as if the Owner has received the Rental Fees. Each Owner agrees that Lend'emOut may, in accordance with the cancellation policy, (i) permit the Renter to cancel the booking and (ii) refund (via Lend'emOut) to the Renter that portion of the Rental Fees specified in the applicable cancellation policy. Each Owner understands that Lend'emOut accepts payments from Renter as the Owner's limited payment collection agent and that Lend'emOut's obligation to pay the Owner is subject to and conditional upon successful receipt of the associated payments from Renters. Lend'emOut does not guarantee payments to Owners for amounts that have not been successfully received by Lend'emOut from Renters. In accepting appointment as the limited authorized agent of the Owner, Lend'emOut assumes no liability for any acts or omissions of the Owner.

    • Booking Terms For Renters

      The Owners, not Lend'emOut, are solely responsible for honoring any accepted bookings and making available any Items and Services reserved through the Lend'emOut Service. If you, as a Renter, choose to enter into a transaction with an Owner for the booking of a Listing, you agree and understand that you will be required to enter into an agreement with the Owner and you agree to accept any terms, conditions, rules and restrictions associated with such Listing imposed by the Owner. You acknowledge and agree that you, and not Lend'emOut, will be responsible for performing the obligations of any such agreements, that Lend'emOut is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Lend'emOut disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Lend'emOut is not a party to the agreement between you and the Owner, Lend'emOut acts as the Owner's payment collection agent for the limited purpose of accepting payments from you on behalf of the Owner. Upon your payment of the Total Fees to Lend'emOut, your payment obligation to the Owner for the Rental Fees is extinguished, and Lend'emOut is responsible for remitting the Rental Fees (less the Owner Fees and any Taxes in respect of the Owner Fees, such as VAT in Europe), in the manner described in these Terms. In the event that Lend'emOut does not remit any such amounts as described in these Terms, such Owner will have recourse only against such Lend'emOut entity.

      The Total Fees payable will be displayed to a Renter before the Renter sends a booking request to an Owner. As noted above, the Owner is required to either accept or decline the booking request within the Booking Response Period; otherwise, the requested booking will be automatically expired. If a requested booking is expired, any amounts collected by Lend'emOut will be refunded to such Renter, depending on the selections the Renter makes via the Lend'emOut Service, and any pre-authorization of such Renter's credit card will be released, if applicable.

      You as a Renter agree to pay Lend'emOut for the Total Fees for any booking requested in connection with your Lend'emOut Account if such requested bookings are accepted by the applicable Owner. In order to establish a booking pending the applicable Owner's acceptance of your requested booking, you understand and agree that Lend'emOut, on behalf of the Owner, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g. one euro or one British pound), to verify your credit card. As a general rule, Lend'emOut will collect the Total Fees due once the Owner accepts your booking request; if necessary, Total Fees may instead be collected at a later point. Please note that Lend'emOut cannot control any fees that may be charged to a Renter by his or her bank related to Lend'emOut's collection of the Total Fees, and Lend'emOut disclaims all liability in this regard.

      In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to Lend'emOut or its third-party payment processor(s). You agree to pay Lend'emOut for any accepted bookings made in connection with your Lend'emOut Account in accordance with these Terms by one of the methods described on the Lend'emOut Service, e.g. by credit card or ACH. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Lend'emOut or indirectly, via a third-party online payment processor or by one of the payment methods described on the Lend'emOut Service. You also authorize Lend'emOut to charge your credit card in the event of damage caused to the rented items as contemplated under "Damage to Items" below and for Security Deposits, if applicable. If you are directed to Lend'emOut's third-party payment processor(s), you may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your accepted booking transaction is complete you will receive a confirmation email summarizing your booking.

  12. Payments

    • Payments To Lend'emOut

      If you owe or agree to pay any amount to Lend'emOut (whether as a result of your bookings or actions as a Renter or otherwise), then Lend'emOut may (but is not obliged to) withhold the amount owing to Lend'emOut from any payout amounts due to you as an Owner, and use the withheld amount to setoff the amount owed by you to Lend'emOut. If Lend'emOut does so, then your obligation to pay Lend'emOut will be extinguished to the extent of the amount withheld by Lend'emOut, and Lend'emOut will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld. In addition to the amount due, if your account is delinquent or you otherwise have chargebacks on your account, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to Lend'emOut by you. Such communication may be made by Lend'emOut or by anyone on its behalf, including but not limited to a third party collection agent.

    • Payment Collection Terms

      If (i) you as a Renter agree to pay the Owner in connection with a Damage Claim, or (ii) Lend'emOut determines that you are responsible for the loss or damage to the Owner's property in connection with a Damage Claim, Lend'emOut may charge the Payment Method used to make the Booking in order to collect any Security Deposit associated with the Listing, as well as any amount of the Damage Claim exceeding any Security Deposit. If the Listing does not have a Security Deposit, Lend'emOut may charge the Payment Method used to make the Booking for the amount of the Damage Claim. If we are unable to collect from your Payment Method used to make the Booking, you agree that Lend'emOut may charge any other Payment Method on file in your Lend'emOut Account at the time of the Damage Claim.

      Lend'emOut also reserves the right to otherwise collect payment from you and pursue any avenues available to Lend'emOut if Lend'emOut determines that you are responsible for the loss or damage to the Owner's items. If we are unable to charge a Payment Method on file in your Lend'emOut Account or otherwise collect payment from you, you agree to remit payment for any loss or damage to the applicable Owner or to Lend'emOut (if applicable).

      Security Deposits, if required by an Owner, may be applied to any fees due from a Renter keeping the items of the Listing beyond the booking end date without the Owner’s consent.

    • Payments Processing

      Payment processing services on the Lend'emOut Service are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this agreement or continuing to use the Lend'emOut Service, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Lend'emOut enabling payment processing services through Stripe, you agree to provide Lend'emOut accurate and complete information about you and your business, and you authorize Lend'emOut to share it and transaction information related to your use of the payment processing services provided by Stripe.

  13. Claims Center, Security Deposits and Damages

    • Claims Center

      Lend'emOut provides the Claims Center to the Members to resolve any outstanding payments or issues in connection with a Booking. Members may use the Claims Center to send or request money for refunds, services, damages, losses, late returns or other payments related to their Bookings. You agree to pay all amounts sent through the Claims Center in connection with your Lend'emOut Account, and Lend'emOut will handle all such payments pursuant to the Lend'emOut Terms. When a Member agrees to provide items and/or services to another Member via the Claims Center, both parties acknowledge and agree that they, and not Lend'emOut, will be responsible for performing their respective obligations of any such agreements, that Lend'emOut is not a party to such agreements, and that, with the exception of Lend'emOut’s obligations pursuant to the Lend'emOut Terms, Lend'emOut disclaims all liability arising from or related to any such agreements and the items and/or services provided.

    • Security Deposits

      Owners may include deposit amount ("Security Deposits") in their Listings. If an Owner makes a claim against the Security Deposit on a Listing that is part of an accepted booking, Lend'emOut will, in its capacity as the payment collection agent of the Owner, use its commercially reasonable efforts to charge the Renter's payment method in the amount of the Security Deposit, within a reasonable period of time after the Renter's booking request ends. Lend'emOut will also use its commercially reasonable efforts to address Owners' requests and claims related to Security Deposits, but Lend'emOut is not responsible for administering or accepting any claims by Owners related to Security Deposits, and disclaims any and all liability in this regard.

    • Losses and Damages To Items

      As a Renter, you are responsible for returning any items rented from the Owner in the condition it was in when you received it (besides normal wear and tear). You acknowledge and agree that, as a Renter, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you let use, or otherwise provide access to, the items rented by you. In the event that an Owner claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items.

      If an Owner has a Damage Claim for an accepted Booking, the Owner can seek payment from the Renter through the Claims Center. If the Owner and Renter are unable to resolve a Damage Claim through the Claims Center, the Owner may involve Lend'emOut to resolve the claim. If Lend'emOut is involved to resolve a Damage Claim, you as a Renter will be notified of the Damage Claim and given an opportunity to respond. If you as a Renter agree to pay the Owner in connection with a Damage Claim, or if Lend'emOut determines, in its sole discretion, that you are responsible for the damamge or loss to the Owner's items, Lend'emOut will collect any such costs from you and/or against the Security Deposit in accordance with the Payment Collection Terms listed below. Lend'emOut also reserves the right to otherwise collect payment from you and pursue any avenues available to Lend'emOut in this regard in situations in which you have been determined, in Lend'emOut's sole discretion, to have caused the damage or loss to the Owner's property.

      Both Renters and Owners agree to cooperate with and assist Lend'emOut in good faith, and to provide Lend'emOut with such information and take such actions as may be reasonably requested by Lend'emOut, in connection with any complaints or claims made by users relating to Listings or any personal or other property associated with the booking or with respect to any investigation undertaken by Lend'emOut or a representative of Lend'emOut regarding use or abuse of the Lend'emOut Service.

      If you are a Renter, you understand and agree that Lend'emOut may make a claim under your homeowner's, renter's or other insurance policy related to any damage or loss that you may have caused or been responsible for or to an item or any personal or other property associated with the booking. You agree to cooperate with and assist Lend'emOut in good faith, and to provide Lend'emOut with such information as may be reasonably requested by Lend'emOut, in order to make a claim under your homeowner's, renter's or other insurance policy, including, but not limited to, executing documents and taking such further acts as Lend'emOut may reasonably request to assist Lend'emOut in accomplishing the foregoing.

    • Keeping items beyond booking end date without Owner's Consent

      Renters agree that an accepted booking is merely a license granted by the Owner to the Renter to receive and use the items in the Listing for the limited duration of the booking and in accordance with the Renter's agreement with the Owner. Renters further agree to return the items no later than the booking end date or such other time as mutually agreed upon between the Owner and Renter. If a Renter keeps any item associated with the booking past the agreed upon date/time without the Owner's consent, they no longer have a license to keep such items and the Owner is entitled to recover the items from the Renter as allowed by the laws. In addition, Renters agree that the Owner can charge the Renter, for each 24 hour period that the Renter keeps the items over the agreed period without the Owner's consent, a daily fee equivalent to the average daily Rental Fees originally paid by the Renter, plus an additional daily fee not exceeding the daily Rental Fee originally paid by the Renter to cover the inconvenience suffered by the Owner, plus all applicable Service Fees, Taxes, and any legal expenses incurred by the Owner to recover the items from the Renter (collectively, "Additional Sums"). Renters agree that Lend'emOut, in its role as the limited collection agent for the Host, shall charge the Renter's credit card or other payment methods it has on file to collect these Additional Sums. In addition, Lend'emOut may recover any costs and expenses it incurs in collecting the Additional Sums by charging the Renter's credit card or other payment method on file.

  14. Service Fees

    In consideration for the use of Lend'emOut's online marketplace and platform, Lend'emOut charges the Service Fees. Where applicable, Taxes (such as VAT in Europe) may also be charged in respect of the Owner Fees. Lend'emOut deducts the Owner Fees from the Rental Fees before remitting the balance to the Owner as described in these Terms.

    Balances will be remitted by Lend'emOut to Owners via check, PayPal, direct deposit or other payment methods, as described on the Lend'emOut Service, in the Owner's currency of choice, depending upon the selections the Owner makes via the Lend'emOut Service. Amounts may be rounded up or down as described the "Rounding Off" section below.

    Please note that Lend'emOut, may impose or deduct foreign currency processing costs on or from any payments or payouts by Lend'emOut in currencies other than U.S. dollars. More information on any such costs or deductions will be available via the Lend'emOut Service. More information on Services Fees can be found at www.lendemout.com/help. Except as otherwise provided herein, Service Fees are non-refundable.

  15. Cancellation And Refunds

    The terms of the Cancellation Policy found here.

    If, as a Renter, you cancel your accepted booking before the booking has started, Lend'emOut will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Renter, you wish to cancel a booking on or after the start date, you will need to contact the owner to process such cancellation. Our ability to refund the Rental Fees and other amounts charged to you will depend upon the terms of the Cancellation Policy. Details regarding refunds and cancellation policies are available via the Lend'emOut Service.

    If an Owner cancels an accepted booking made via the Lend'emOut Service, (i) Lend'emOut will refund the Total Fees for such booking to the applicable Renter within a commercially reasonable time of the cancellation and (ii) the Renter will receive an email or other communication from Lend'emOut about the cancellation that may contain alternative Listings and other related information. If the Renter requests a booking from one of the alternative Listings and the Owner associated with such alternative Listing accepts the Renter's requested booking, then the Renter agrees to pay Lend'emOut the Total Fees relating to the accepted booking for the alternative Listing, in accordance with these Terms. If an Owner cancelled a confirmed booking and you, as a Renter, have not received an email or other communication from Lend'emOut, please contact Lend'emOut.

    If, as an Owner, you cancel a confirmed booking, you agree that Lend'emOut may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a confirmed booking was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts or charged to the credit card on file in your Lend'emOut Account). You will be notified of the situations in which a cancellation fee applies before you decide to cancel.

    In certain circumstances, Lend'emOut may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Lend'emOut Service. This may be for reasons set forth in the Cancellation Policy or for any other reason. Lend'emOut may also determine, in its sole discretion, to refund to the Renter part or all of the amounts charged to the Renter in accordance with the Renter's Refund Policy. You agree that Lend'emOut and the relevant Renter or Owner will not have any liability for such cancellations or refunds.

    If, as an Owner, your Renter cancels a confirmed booking or Lend'emOut decides that it is necessary to cancel a confirmed booking, and Lend'emOut issues a refund to the Renter in accordance with the Renter's Refund Policy or other applicable cancellation policies, you agree that in the event you have already been paid Lend'emOut shall be entitled to recover the amount of any such Renter refund from you, including by subtracting such refund amount out from any future Rental Fees due to you.

  16. General Payment and Financial Terms

    • Rounding Off Amounts

      Lend'emOut may, in its sole discretion, round up or round down amounts that are payable from or to Renters or Owners to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, Lend'emOut will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.

      Some currencies are denominated in large numbers. In those cases, Lend'emOut may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Lend'emOut to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.

    • Payment Processing Errors

      We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.

  17. Review Content Policy

    Reviews submitted on Lend'emOut Service are subject to the terms of our Review Content Policy, which is hereby incorporated into and made part of these Terms of Service. By using or accessing the Lend'emOut Service, you agree to be bound by the terms of our Review Content Policy.

  18. Monitoring.

    We strive to provide an enjoyable online experience for our users, so we may monitor activity on the Lend'emOut Service, including as applicable, in the social, community, and public discussion areas, photo and video galleries, bulletin boards, forums, chats, blogs, personal/job search and other classified ads, and elsewhere. Nevertheless, we do not make any representations, warranties or guarantees that: (1) the Lend'emOut Service, or any portion thereof, will be monitored for accuracy or unacceptable use, (2) apparent statements of fact will be authenticated, or (3) we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance. We generally do not pre-screen Content before it is posted, uploaded, transmitted, sent or otherwise made available on or through the Service by users, so you may be exposed to content that is opinionated, offensive, and/or inappropriate.

  19. Termination.

    You may terminate your use of the Lend'emOut Service at any time. You agree that Lend'emOut may terminate or suspend your access to all or part of the Lend'emOut Service, with or without notice, in our reasonable discretion. Lend'emOut reserves the right to modify or discontinue the Lend'emOut Service (or any part thereof) with or without notice. Following the termination or cancellation of your subscription to the Lend'emOut Service and/or your account, we reserve the right to delete all your data in the normal course of operation.

  20. Representations.

    You expressly represent, warrant, and/or acknowledge that:

    • Lend'emOut does not warrant or guarantee the suitability or availability of any Material or Content, including without limitation any data, products or services, found through the Lend'emOut Service.

    • Lend'emOut does not screen the authenticity or quality of any Material or Content or any provider of Material or Content, including without limitation any data, products or services found through the Lend'emOut Service.

    • Lend'emOut makes no representations or promises regarding any Material or Content, and that many of the Material or Content provided via the Lend'emOut Service may be owned or licensed by third parties.

    • Lend'emOut is not a party to any transaction between you and any provider of products or services via the Lend'emOut Service. Any dispute shall be resolved between yourself and the provider of such products or services.

    • Any information, including any data, Materials, or Content on the Lend'emOut Service, including on any Facebook, Instagram or Twitter page, are for informational purposes

    • You assume all risk when using the Lend'emOut Service, including all of the risks associated with any online or offline interactions with other users, providers of products and services, and from additional fees or charges from your mobile carrier.

    • You are of legal age to form a binding contract or have your parent's permission to do so, and you are at least 13 years or age or you have the authority of such legal entity to form a binding contract; all registration information you submit is accurate and truthful; you will maintain the accuracy of such information; and you are legally permitted to use and access the Lend'emOut Service and take full responsibility for the selection and use of and access to the Lend'emOut Service.

  21. Warranties, Disclaimers and Limitations of Liability.

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    YOUR USE OF THE LENDEMOUT SERVICE IS AT YOUR SOLE RISK. THE LENDEMOUT SERVICE AND THE ASSOCIATED MATERIALS AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, LENDEMOUT, ITS PARENT, SUBSIDIARY AND OTHER AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES (COLLECTIVELY, THE "LENDEMOUT PARTIES"), 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. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE LENDEMOUT PARTIES MAKE NO WARRANTY THAT: (I) THE LENDEMOUT SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE LENDEMOUT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) INFORMATION THAT MAY BE OBTAINED VIA THE LENDEMOUT SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY AND ALL PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL, INCLUDING ALL MERCHANDISE, GOODS AND SERVICES, OBTAINED OR PURCHASED BY YOU DIRECTLY OR INDIRECTLY THROUGH THE LENDEMOUT SERVICE WILL MEET YOUR EXPECTATIONS OR NEEDS; AND (V) ANY ERRORS IN THE LENDEMOUT SERVICE WILL BE CORRECTED.

    THE LENDEMOUT PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE LENDEMOUT SERVICE, INCLUDING ANY LIABILITY: (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY INCORRECT OR INACCURATE INFORMATION OR ANY ‘BUG' OF THE LENDEMOUT SERVICE; (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR VIA THE LENDEMOUT SERVICE; (V) FOR ANY DISPUTES BETWEEN USERS OF THE LENDEMOUT SERVICE OR BETWEEN A USER OF THE LENDEMOUT SERVICE AND A THIRD PARTY; OR (VI) FOR ANY OTHER MATTER RELATING TO THE LENDEMOUT SERVICE OR ANY THIRD PARTY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES THE LENDEMOUT PARTIES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LENDEMOUT AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE LENDEMOUT SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

    NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE LENDEMOUT PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE CHARGES PAID BY YOU DIRECTLY TO LENDEMOUT (AND NOT OTHERWISE PAID TO A PROVIDER OF GOODS OR SERVICES VIA THE LENDEMOUT SERVICE) VIA THE LENDEMOUT SERVICE FOR SERVICES PROVIDED SOLELY AND DIRECTLY BY LENDEMOUT TO YOU IN THE SIX MONTHS PRIOR TO SUCH CAUSE OR CLAIM.

    SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.

    If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

  22. Indemnification.

    You agree to indemnify, defend and hold harmless the Lend'emOut Parties against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys' fees), resulting or arising from or relating to your use of the Lend'emOut Service, any activity related to your account by you or any other person permitted by you, any Content that you submit to, post on or transmit through the Lend'emOut Service, your breach of these Terms of Service, your infringement or violation of any rights of another, or termination of your access to the Lend'emOut Service. We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.

  23. Applicable Law and Jurisdiction.

    Your use of the Lend'emOut Service is governed by and will be enforced under the laws of the State of Delaware without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Austin, Texas. You agree that printed copies of any and all agreements and/or notices in electronic form are admissible in any legal or regulatory proceedings. Any controversy, claim, suit, injury or damage arising from or in any way related to the Lend'emOut Service or these Terms of Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in effect and before a single arbitrator chosen by Lend'emOut. Any such controversy, claim, suit, injury or damage shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy, claim, suit, injury or damage of any other party. Lend'emOut may seek any interim or preliminary relief from a court of competent jurisdiction in Austin, Texas necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration. IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THE TERMS OF SERVICE INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF THE LENDEMOUT SERVICE, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

  24. Procedure for Notifying the Company of Copyright Infringement.

    Those who believe that their copyrighted work has been infringed or are aware of other infringing material, should contact our Copyright Agent at the address listed below and provide us with the following information:

    • An electronic or physical signature of a person authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.

    • Identification of the copyrighted work claimed to have been infringed.

    • Information describing where the allegedly infringing material is located on the Lend'emOut Service.

    • Your address, telephone number, and email address.

    • 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.

    • A statement by you that the above information in your notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner's behalf.

    The foregoing information may be emailed to abuse@lendemout.com or mailed to our Copyright Agent at the following address:

    Copyright Agent -“ Appemout, Inc.
    700 Lavaca St Ste 1401
    Austin TX 78701
    USA

    Following receipt of the information listed above, we will remove or disable access to the infringing material and take reasonable steps to notify the user responsible for posting said material. The posting of infringing copyrighted material may result in the termination of user privileges of such user.

  25. U.S. Export Controls.

    The Lend'emOut Service may be subject to United States export controls. No part of the Lend'emOut Service may be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Lend'emOut Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

  26. Miscellaneous.

    These Terms of Service constitute the entire agreement between Lend'emOut and each user of the Lend'emOut Service with respect to the subject matter of these

    If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.

    The failure of the Lend'emOut Parties to insist upon strict adherence to any term of these Terms of Service shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Service. You may not assign your obligations or rights hereunder to another entity or individual. We may transfer, assign or delegate these Terms of Service and its rights and obligations without your consent.

    We shall have no liability to you hereunder if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of us or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.

    No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind us in any respect whatsoever.

    No action arising out of these Terms of Service or your use of the Lend'emOut Service, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).

  27. Feedback.

    We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Lend'emOut Service ("Feedback"). You may submit Feedback through the Contact Us form. You acknowledge and agree that all Feedback will be the sole and exclusive property of Lend'emOut and you hereby irrevocably assign to Lend'emOut and agree to irrevocably assign to Lend'emOut all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Lend'emOut's request and expense, you will execute documents and take such further acts as Lend'emOut may reasonably request to assist Lend'emOut to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

  28. Customer Service.

    If you have any comments or questions regarding these Terms of Service, or wish to report any violation of these Terms of Service, you may contact us.