Terms and Conditions

Last Revised: July 14th, 2023

 

Welcome! Please read these General Terms of Use (the “Agreement”) carefully, as they contain the legal terms and conditions that govern your use and access of the site, https://www.ulend.me, including its directories, subdirectories, apps, and mobile platforms (“ULend.Me”, “Website” or the “Services”). This Agreement governs your use of ULend.Me and constitutes a legally binding agreement between each user (“you,” “your,” “User”) and ULend.Me (or “we,” “us,” or “our”). By using any of the Services, you agree to be bound by this Agreement. You also agree to any additional terms specific to Services you use, such as those listed below, which become part of your agreement with us (collectively, the “Terms”). Please read all of the Terms carefully. If you have any questions about this Agreement please contact us at legal@ulend.me. If you do not agree to the terms of this Agreement, do not access ULend.Me.

 

OVERVIEW

This section is a brief summary of the highlights of this Agreement. Know that when you accept this Agreement, you are accepting all of the terms and conditions and not just this section.

• Simply by using ULend.Me, including browsing the website, you are agreeing to our Terms, so please read carefully. We may change the terms of this Agreement from time to time, and those changes are up to us. If you continue to use ULend.Me after our changes, that means you agree to our new terms.
• Remember that we merely facilitate connections between Owners and Renters (each defined below) and are not a party to those agreements between Owners and Renters, except that we may serve as a limited agent to collect the payment of Rentals on Owners’ behalf and report damaged or stolen Item(s). When you use ULend.Me to rent Item(s), you are entering into a binding legal agreement with the Renter or Owner to pay for the rental or provide the requested Item(s), as applicable.
• We make no warranty about the quality of the Item(s) and will not be held liable for any cost, loss, or damage that arises from any transaction (to the extent permitted by law).
• Please remember to always exercise good judgment when communicating with other users either on or off ULend.Me.
• Both you and ULend.Me have the right to stop the use of our Services, or to delete your account at any time, but certain provisions of this Agreement will still apply. For example, any disputes you may have with us based on your use of ULend.Me, even after your account is deleted, will be governed by this Agreement.

DEFINITIONS

Before we get going, please note that for purposes of this Agreement, the following terms shall be defined as follows:

“Items” shall mean a piece of equipment available by an Owner to Renters for rent through ULend.Me as described in any Rental Listing, including accompanying accessories and, if specifically indicated, any consumables included therewith. 

“Member Feedback” shall mean user feedback on ULend.Me about a Rental Transaction or a party to a Rental and the mechanism through which that feedback is delivered.

“Owner” shall mean a party with Item(s) for rent on or via ULend.Me.

“Public Discussion” shall mean the forum elements of ULend.Me that allow Users to comment on Rental Listings or blog posts to ask for more details.

“Rental Contract” shall mean an agreement between an Owner and a Renter for a Rental specifying the Rental Period and the Rental Payment. The Rental Contract includes: (i) the Rental Terms, which can be found at https://ulend.me/rental-contract, (ii) any variation of the Rental Terms as we may provide from time to time; and (iii) any additional terms agreed upon between the applicable Owner and Renter of Item(s) to facilitate a Rental through ULend.Me.

“Rental Listing” shall mean information published by an Owner on ULend.Me in connection with a specific Item(s).

“Rental Payment” shall mean a payment made from a Renter to an Owner for rented Item(s) subject to a Rental.

“Rental” shall mean a rental of an Item(s) between an Owner and a Renter granting Renter the right to use an Item(s) for a fixed amount of time in exchange for the Rental Payment.

“Rental Period” shall mean the fixed period of time during which there is a Rental between an Owner and a Renter pursuant to a Rental Contract.

“Renter” shall mean a party who rents an Item(s), pursuant to a Rental Contract, through ULend.Me.

1. ACCEPTANCE OF THIS AGREEMENT

By accessing ULend.Me in any manner, including browsing the website or taking part in a Rental, you acknowledge that you have read, understood, and agree to the terms listed herein (the “Agreement”). Please note that we reserve the right to revise and amend this Agreement at any time at our sole discretion. Any changes to this Agreement will be posted on our website at https://ulend.me/terms-and-conditions and will become effective immediately upon posting. It is your responsibility to check updates to this Agreement periodically. If you do not agree to any modifications to this Agreement, you should cease using ULend.Me. Your continued use of ULend.Me after any amendment or modification to the Agreement constitutes your agreement to the amended or modified Agreement.

2. ACCOUNTS

• ACCOUNT REGISTRATION 

In order to book or create a Listing on ULend.Me, you must register to create an account and become a Member. You may register to use the Services directly via the Site as described in this section or via direct email invitation.

 

As part of the functionality of the Site and Services, you may link your ULend.Me Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to ULend.Me through the Site or Services; or (ii) allowing ULend.Me to access your Third Party Account, as is 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 ULend.Me and/or grant ULend.Me 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 ULend.Me to pay any fees or making ULend.Me subject to any usage limitations imposed by such third party service providers. By granting ULend.Me access to any Third Party Accounts, you understand that ULend.Me 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 Site and Services via your ULend.Me Account and ULend.Me Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. 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 ULend.Me Account on the Site and Services. Please note that if a Third Party Account or associated service becomes unavailable or Neighbor’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 Site and Services. You have the ability to disable the connection between your ULend.Me Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Site.

 

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.

 

ULend.Me makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and ULend.Me is not responsible for any SNS Content.

 

We will create your ULend.Me Account and your ULend.Me Account profile page for your use of the Site and Services based upon the personal information you provide to us or that we obtain via a Third Party Account as described above. You may not have more than one (1) active ULend.Me Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. ULend.Me reserves the right to suspend or terminate your ULend.Me Account and your access to the Site and Services without cause or notice. Some possible reasons for termination include but are not limited to: (1) if you create more than one ULend.Me Account; (2) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; and (3) breach of these Terms. Termination of an account may result in forfeiture and destruction of all information associated with such an account. All provisions of these Terms that, by their nature, should survive termination shall survive termination, including, without limitation, limitations of liability, and indemnity.

 

You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your ULend.Me Account, whether or not you have authorized such activities or actions. You will immediately notify ULend.Me of any unauthorized use of your ULend.Me Account by emailing admin@ulend.me.

 

• RENTER INFORMATION

It is the Owner’s sole right to check the Renter’s background, credit history and/or criminal history and refuse to rent to Renter, or terminate Renter’s Booking of the Owner’s Space, as the case may be, upon receipt of such information. ULend.Me reserves the right, but has no obligation, to perform these same background, criminal history or credit checks but will not take responsibility for them and you hereby release and hold ULend.Me harmless from any and all liability resulting from Owner’s performance or failure to perform, such checks, or from Owners actions upon receiving background information on Renter. You hereby expressly agree to ULend.Me’s use of a third-party service to perform a reasonable background check, in ULend.Me’s discretion, for the purposes of these Terms and your use of the Site and Services.

 

ULEND.ME RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO DENY ANY Owner OR RENTER SERVICE BASED ON THE RESULTS OF A BACKGROUND CHECK.

 

• CHANGE OF RENTER INFORMATION

Renter agrees to immediately notify Owner of changes in Renter’s email address, mailing address, phone number or other contact information. A change of address will not be effective unless the new address is complete and is reported via the ULend.Me Site. Notice of a change of Renter’s or Owner’s phone numbers may be made orally or via the ULend.Me Site. Renter is strongly encouraged to keep Owner informed of any anticipated changes that may affect the terms of storage.

3. ARBITRATION AND WAIVER OF CLASS ACTION

You and ULend.Me mutually agree and acknowledge that all claims and disputes arising under or relating to these Terms and Conditions, or the breach, termination, enforcement, or interpretation or validity thereof are to be settled by binding arbitration in Spokane, WA or another location mutually agreeable to the parties, and not in a court of law. Such arbitration will occur only after you and ULend.Me have taken good faith efforts to resolve the dispute and such dispute has failed to be resolved. The arbitration shall be administered by the American Arbitration Association (“AAA”) and shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the “AAA”.

 

YOU AND ULEND.ME BOTH WAIVE THE RIGHT TO TRIAL BY JURY IN ALL ARBITRABLE DISPUTES. You and ULend.Me also both acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding in all such disputes. Further, unless You and ULend.Me otherwise agree in writing, any arbitration will be conducted on an individual basis and not in a class, collective, consolidated, or representative proceeding.

 

Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in the “Sharing Economy,” and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction. The parties shall endeavor to settle any such dispute via good faith negotiation prior to initiating any arbitration proceeding.

 

Exceptions to this arbitration provision include (i) any claim related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights; or (ii) any claim seeking emergency injunctive relief based on exigent circumstances. Any claim in exception to the above agreement to arbitration shall be brought into judicial proceedings in a court of competent jurisdiction in Spokane County, Washington.

 

If any portion of this arbitration provision is found to be unenforceable or unlawful, those unenforceable or unlawful portions shall be severed from these terms. The severance of unenforceable or unlawful portions of this arbitration provision shall not have any impact on the remainder of the arbitration provision, which shall be given full force and effect.

 

To the extent any disputed matter arising out of or relating to these Terms is deemed to not be subject to these arbitration provisions, such portion of any disputed matter shall be brought exclusively in the federal and state courts located within the State of Washington, and the parties do hereby submit to the exclusive jurisdiction of those courts.

4. ASSIGNMENT

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ULend.Me without restriction.  Any attempted transfer or assignment in violation hereof shall be null and void.

5. ASSUMPTION OF RIGHTS

If ULend.Me pays out a claim, reversal, or chargeback that you file against another ULend.Me User, you agree that ULend.Me assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, at ULend.Me’s discretion.

6. BOOKING AND FINANCIAL TERMS

• OWNERS

If you are a Owner and a Booking is requested for your Listing via the Site or Services, you will be required to either approve or decline the Booking within 48 hours of when the Booking is requested (as determined by ULend.Me in its sole discretion) or the Booking request will be automatically declined. When a Booking is requested via the Site or Services, we will share with you (i) the first and last name of the Renter who has requested the Booking, (ii) a disclosure of the items that the Renter wishes to store, (iii) the start and end dates of the requested Booking period and (iiii) a link to the Renter’s ULend.Me Account profile page. If you are unable to confirm or decide to decline a Booking of an item within such a 48-hour period, any amounts collected by ULend.Me 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 confirm a Booking requested by a Renter, ULend.Me will send you an email or text message or other method of notification confirming such Booking, depending on the selections you make via the Site and Services. After a Booking is approved, if a Renter wishes to store additional items or remove items, you will receive a notification via the Site or Services. Inaction on your (the Owner’s) part to question or dispute the changes within seventy-two (72) hours will be interpreted as you delivering authorization for these changes.

 

The fees displayed in each Listing are the item Fees (defined below), the Service Fees (defined below), and the Processing Fees (defined below). Where applicable, taxes may be charged in addition to the item Fees, Service Fees, and Processing Fees. The item Fees, the Service Fees, the Processing Fees and applicable taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Renter solely relating to a Owner’s item are the “item Fees”. Please note that it is the Owner and not ULend.Me, which determines the item Fees. You authorize ULend.Me to deduct a sum from the item Fees to cover the Processing Fees. You also authorize ULend.Me to deduct a sum from the item Fee or bill your account in the event of damage or theft of items as contemplated under “Damage to Items” and “Theft of Items” below, if applicable.

 

• RENTERS

You agree to pay ULend.Me the Total Fees for any Booking requested in connection with your ULend.Me Account if the applicable Owner confirms such requested Bookings. In order to establish a Booking pending the applicable Owner’s confirmation of your requested Booking, you understand and agree that ULend.Me, 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), to verify your credit card. Once ULend.Me receives confirmation of your Booking from the applicable Owner, ULend.Me will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. You also authorize ULend.Me to collect additional fees in the event of damage to the Owner’s property or item or Renter default as contemplated under “Damage to Owner’s Property or item” and “Renter Default” below, if applicable. Please note that ULend.Me cannot control any fees that may be charged to a Renter by its bank related to ULend.Me’s collection of the Total Fees, and ULend.Me 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 ULend.Me or its third party payment processor. You agree to pay ULend.Me for any Bookings made in connection with your ULend.Me Account in accordance with these Terms by one of the methods described on the Site or Services. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the Booking, either directly by ULend.Me or indirectly, via a third party online payment processor or by one of the payment methods described on the Site or Services. You also authorize ULend.Me to charge your credit card in the event of damage caused at an item as contemplated under “Damage to item” below, if applicable. If you are directed to ULend.Me’s third party payment processor, 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 such services. Once your Booking transaction is complete, you will receive a confirmation email summarizing your Booking.

 

• RENTER ACCESS TO ITEM

In the Listing the Owner agrees to provide the times that the Renter may access the item(s). Renter must contact Owner at least 24 hours in advance to request access unless otherwise specified in written agreement between the Owner and Renter. Unless otherwise noted in the Listing, the Owner must provide reasonable access to the item upon request from the Renter and communicate with the Renter in a timely manner.

 

• ITEM RETURN DUTIES 

At or before the end of the Booking period for the item, Renter must return the item in the condition that they received the item in. Renter may be subject to additional costs and fees as detailed in the Collection section below if Renter fails to leave the item in good condition. Except as otherwise detailed in these Terms, once the Renter has left the item in the condition required, and its Booking has been canceled, Renter no longer has any right to access or take possession of the item.

 

• OWNER ITEM FEE COLLECTION 

Owners acknowledge that item Fees will be directly deposited into their bank accounts, net of Service Fees and Processing Fees. Furthermore, Owners acknowledge that they are required to provide correct bank account information in order to receive payment. Owners also acknowledge that they are responsible for registering and filing any applicable state or county taxes. ULend.Me is neither responsible nor liable for notifying, collecting or paying any such taxes. Owners agree to never insist, ask, or insinuate to a Renter that he or she pay any or all of the item Fees directly to Owner, and Owner agrees to never accept payment made directly to Owner with a check, cash, or any payment method other than by payment through ULend.Me. Renters also agree to never ask a Owner to receive any or all of the item Fees directly, and Renter agrees to never make payment directly to Owner. If a Owner or Renter violates this prohibition, ULend.Me may immediately cancel the Owner or Renter’s account, they will remain liable for the item Fees, and they authorize ULend.Me to deduct a sum from the item Fee or bill their account for $200 to partially compensate for administrative costs and not as a penalty and such deduction shall not limit ULend.Me from pursuing any other remedy to which it is entitled hereunder or pursuant to Applicable Law. Any dispute and/or litigation between Renters and Owners regarding direct payments in violation of this section shall be between Owners and Renters exclusively and shall not name ULend.Me.

 

• FEES 

ULend.Me charges a fee to Renters based upon a percentage of applicable item Fees, which are referred to herein as “Service Fees”. The standard Service Fee is set forth in the documentation communicated to Renters at the time they receive a confirmed Booking and may change from time to time after notice to Renters. The Service Fees are added to the item Fees to calculate the Total Fees. Except as otherwise provided herein, Service Fees are non-refundable. Processing Fees are to cover the merchant services and direct deposit or ACH processing that ULend.Me uses to process payments.

 

• CANCELLATIONS AND REFUNDS

 

• RENTER CANCELLATION 

It is the responsibility of the Renter, not the Owner, to cancel a Booking once the Renter has removed the Stored Items from the item. Renters must visit their My Rentals page to cancel their Booking and all future payments will be stopped effective immediately. 

 

• If a Renter cancels a Booking less than 24 hours after approval and/or more than three days before the start date, the Renter is eligible for a 100% refund of the Listing price and the Service Fee. ULend.Me may, in its sole discretion, halt or otherwise withhold payouts to Owners to cover a refund to Renter if Renter timely cancels a Booking.
• If a Renter cancels a Booking less than three days before the start date, the Renter is eligible for an 80% refund of the Listing price and will be refunded 0% of the Service Fee.

 

If a Renter communicates to its Owner that it wants to move out and end its Booking but does not cancel its Booking on the ULend.Me Site or Services, the Renter is not eligible for a refund if its rental month automatically renews.

 

• Owner CANCELLATION 

If a Owner needs to cancel a Booking before the Renter has access to the item, the Renter will receive a full refund and the ULend.Me Customer Support team is available to help the Renter find an alternative item.

 

Owners who repeatedly cancel Bookings may be subject to additional charges, including removal from the ULend.Me community and suspension of use of the Site and Services.

 

• TAXES 

You understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. ULend.Me cannot and does not offer tax-related advice to any Members of the Site and Services. Additionally, please note that each Owner is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings.

 

• DISCOUNTS 

The Owner has the ability to provide the Renter a discount if they so choose to. Discounts are set up at Booking. 

7. CHANGES TO THE PLATFORM

We may update the content on the Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.

8. COMMUNICATION BETWEEN OWNERS AND RENTERS

ULend.Me is a community-oriented service that allows for communication and sharing of information between Owners and Renters to facilitate Rentals. In order to build and maintain an amazing community on ULend.Me:

Don’t Undermine ULend.Me or go off-platform. You agree not to enter into a Rental or otherwise conduct any Rentals outside of ULend.Me with an Owner or Renter initially discovered through ULend.Me. If your Rental is not paid through ULend.Me, you will not be protected by ULend.Me and you will be solely liable for such Rental. Going off-platform also will limit our ability to grow and build your clientele. We reserve the right to block you and/or remove you from ULend.Me if we find that you have taken a transaction off ULend.Me.

Owners must complete Rentals on ULend.Me. If you are contacted by a Renter on ULend.Me to rent your Gear, you must conduct all written communications through the ULend.Me messaging service. If you choose to accept the Rental, you must accept payment and complete the Rental on ULend.Me. Any Renter who initially contacted you on ULend.Me must thereafter rent from you on ULend.Me. If you rent to a Renter who you initially met through ULend.Me but you accept payment off of the ULend.Me platform, the terms of this Agreement will not apply to such transaction, and you will be completely unprotected and liable for any damage to or theft of your equipment. If you do not complete the transaction on ULend.Me, you will be damaging our community’s trust and we reserve the right to remove you and bar you from our Services.

Renters must complete Rentals on ULend.Me. If you find equipment to rent on ULend.Me you must conduct all written communications through the ULend.Me messaging service and if you and the owner choose to go through with the rental you must make payments and complete the rental on ULend.Me. When you initially contact an Owner for the first time on ULend.Me, and decide to rent from that Owner again, you must thereafter rent from that Owner through ULend.Me. If you rent from an Owner who you initially met through ULend.Me but you make payments off of the ULend.Me platform, the terms of this Agreement will not apply to such transactions, and you will be liable for any damage to or theft of the equipment. If you do not complete the transaction on ULend.Me, you will be damaging our community’s trust and we reserve the right to remove you and bar you from our Services.

Be Careful. When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons that you don’t know. Each User should undertake his or her own research to be satisfied that a specific User is suitable to enter into a Rental. Owners should always ask to check a Renter’s government-issued identification card or passport in order to ensure that Owners are meeting with the right Renter.

9. COMMUNITY RULES 

When you sign up as a Member of the Platform, you must agree to ULend.Me’s Community Rules, along with the Terms of Service and Privacy Policy, when prompted. A current version of the Community Rules is available here: http://www.

10. CONTENT 

Like many online services, ULend.Me allows users to post, transmit, or store text or other materials, such as Rental Listings, Public Discussion, Member Feedback, and third-party links (collectively, “Content”).

Permission to Use Your Content. You retain all ownership rights in any Content that you post to ULend.Me. However, by submitting any Content, you hereby grant us a universal, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Content, in full or in part, in connection with ULend.Me, subject to the terms of our Privacy Policy. Note that this means that we may use any published listings for commercial means and may sell or exchange information (except personal information pursuant to our Privacy Policy) with third parties.

Responsibility for Your Content. You should only provide Content that you have the right to share and are comfortable sharing with others. Don’t upload, post, or otherwise transmit any Content to or through ULend.Me that infringes, misappropriates, or otherwise violates any copyright, trademark, or other intellectual property right, right of privacy, right of publicity, or any other right of any entity or person, or that is unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane, or that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or ULend.Me rule or policy. If you do so, we reserve the right to remove any and all of your Content from ULend.Me.

Approval of Content. We do not verify or pre-approve any posted Content, and User opinions are not our opinions. We do not warrant, and will not be responsible for, the accuracy, completeness or usefulness of Content posted on or through ULend.Me.

11. CONTENT STANDARDS

These content standards apply to any and all User Contributions and use of the Platform. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not: 1) Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; 2) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; 3) Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; 4) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the Terms and our Privacy Policy; 5) Be likely to deceive any person; 6) Promote any illegal activity, or advocate, promote or assist any unlawful act; 7) Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person; 8) Impersonate any person, or misrepresent your identity or affiliation with any person or organization; 9) Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; and/or 10) Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case. ‌

12. CONTENT STANDARDS

If you believe that any User Contributions violate your copyright, email legal@ulend.me for a copy of our Copyright Policy and for instructions on sending us a notice of copyright infringement. It is the policy of ULend.Me to terminate the ULend.Me Accounts of repeat infringers.

13. DAMAGE COVERAGE AND RENTAL INSURANCE POLICIES

Disclaimer: Please note that ULend.Me is not an insurance provider, broker, or agent. ULend.Me is not licensed in any state or country to be an insurance provider, broker, or agent. You are acting as a small business owner using our platform to rent out your items. We recommend talking to a local insurance agent and acquiring a small business insurance policy. Policies are widely available through companies like Liberty Mutual, Travelers, The Hartford, Nationwide, etc. Do your research and find a policy that best covers you and your property that you are renting out. 

14. DESCRIPTIONS OF CERTAIN FEATURES

ULend.Me Rental: We offer a feature that allows Renters to request to rent, or rent, a Listing offered for rental by an Owner.

ULend.Me Purchase (Buy & Sell): We offer a feature that allows Buyers to offer to purchase or purchase, a Listing offered for sale by a Seller. Both Buyers and Sellers can submit offers or counter-offers to the other party, which may be accepted by that Member.

ULend.Me Rental Cart: We offer a feature that allows Renters to add one Listing or multiple Listings, offered for rental by one or more Owners, to a cart that aggregates the initial Transaction Costs, fees, and discounts, for all the Listings (hereinafter, “Cart”). A Renter has an option to select a Listing pick-up date and return date for a Cart. A Renter may have an option to select a coverage option for each Listing in a Cart. A Renter can create multiple Carts, where each Cart is associated with one Owner and one Rental Period.

ULend.Me Purchase Cart: We offer a feature that allows Buyers to add one Listing or multiple Listings, offered for purchase by one or more Sellers, to a cart that aggregates the initial Transaction Costs, purchase cost, fees, and discounts, for all the Listings (hereinafter, “Cart”). A Buyer has an option to select a Listing pick-up date and return date for a Cart. A Buyer may have an option to select a coverage option for each Listing in a Cart. A Buyer can compile and create Carts, where each Cart is associated with one Owner and one Rental Period.

ULend.Me Rental Conversation: We offer a feature that allows Users to view a summary of a Listing rental, starting from when the Renter requests the Listing to when the rental is completed (hereinafter, “Rental Conversation”). The Rental Conversation includes the Owner and Renter’s ShareGrid Account names, any Authorized Person(s) added by a User, the Listing title that is linked to the Listing web address or URL, the original Rental Period, the Rental Invoice number that is linked to the Rental Invoice (described below), the order summary that includes any initial fees or profits associated with the rental, and a conversation thread between Owner and Renter that include Service system messages. The Rental Conversation for the Owner and Renter may display different information that is applicable to each User’s role, including but not limited to the other User’s name and information, the order summary that includes any initial fees or profits associated with the rental and the specific User, and certain Service options that be available to each User. A Rental Conversation may include multiple Listings if the Renter requested multiple Listings to one Cart.

ULend.Me Purchase Conversation: We offer a feature that allows Users to message each other (hereinafter, “Purchase Conversation”). The Purchase Conversation for the Seller and Buyer may display different information that is applicable to each User’s role, including but not limited to the other User’s name and information, the order summary that includes any initial fees or profits associated with the rental and the specific User, and certain Service options that may be available to each User. A Purchase Conversation may include multiple Listings if the Buyer added multiple Listings to one Cart.

ULend.Me Message Conversation: We offer a feature that allows Users to message each other (hereinafter, “Message Conversation”) via a Listing or Profile. We recommend that any correspondence regarding a rental request, pending rental, active rental, completed rental, purchase offer, pending purchase, or completed purchase between two Users remain on the relevant Rental Conversation or Purchase Conversation and that the Message Conversation be used for other questions and correspondence.

ULend.Me Rental Invoice: We offer a feature that allows Users to view a rental invoice that relates to a Rental Conversation (hereinafter, “Rental Invoice”). The Rental Invoice includes both User’s contact information, the Renter’s payment information (cardholder and/or bank account holder name), the original Rental Period, and an order summary that includes any Transaction Costs and Owner profits associated with the rental.

ULend.Me Purchase Invoice: We offer a feature that allows Users to view a purchase invoice that relates to Purchase Conversation and purchase payment (hereinafter, “Purchase Invoice”). The Purchase Invoice includes both User’s contact information, the Buyer’s payment information, the purchase date, and order summary that includes any initial Transaction Costs and Seller profits associated with the rental.

15. DISCLAIMER OF WARRANTIES

You understand that we cannot and do not or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED TO IT. YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ULEND.ME NOR ANY PERSON ASSOCIATED WITH ULEND.ME MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER ULEND.ME NOR ANYONE ASSOCIATED WITH ULEND.ME REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ULEND.ME HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

16. DISCLAIMER OF WARRANTIES

IF YOU CHOOSE TO USE THE SITE AND SERVICES YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT ULEND.ME DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE AND SERVICES AND ALL CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ULEND.ME EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ULEND.ME MAKES NO WARRANTY THAT THE SITE, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY SPACE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE BASIS. ULEND.ME MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, SPACE, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ULEND.ME OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR RENTERS. YOU UNDERSTAND THAT ULEND.ME DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY SPACE. ULEND.ME MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RENTERS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY ULEND.ME. NOTWITHSTANDING ULEND.ME’S APPOINTMENT AS THE LIMITED AGENT OF THE HOSTS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM RENTERS ON BEHALF OF THE HOSTS, ULEND.ME EXPLICITLY DISCLAIMS ALL LIABILITY, OF ANY KIND OR NATURE, FOR ANY ACT OR OMISSION OF ANY RENTER OR OTHER THIRD PARTY.

17. DISPUTES (AGREEMENT TO ARBITRATE)

THE FOLLOWING SECTION AFFECTS YOUR RIGHTS REGARDING HOW CLAIMS YOU AND ULEND.ME HAVE AGAINST EACH OTHER, AND HOW CLAIMS YOU AND OTHER USERS HAVE AGAINST EACH OTHER, ARE RESOLVED. PLEASE READ THIS SECTION CAREFULLY.

Subject to applicable law, you and ULend.Me agree that any claim or dispute at law or equity that has arisen or may arise between us, or may arise between us, relating to or arising out of this Agreement or any previous versions of the Agreement, your use of and access to the Service, or any breach, termination, or enforcement of this Agreement will be resolved in accordance with the provisions set forth in this “Disputes (Agreement to Arbitrate)” section of the Agreement. This will preclude you from bringing any class, collective, or representative action against ULend.Me and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against ULend.Me by someone else.

Contact ULend.Me: If a dispute arises between you and ULend.Me, we want to do our best to help resolve the dispute. Disputes between you and us may be reported to legal@ulend.me.

Applicable Law: You agree that the laws of the State of Washington, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and ULend.Me, except as otherwise stated in this Agreement.

Agreement to Arbitrate: You and ULend.Me each agree that any and all disputes or claims that have arisen or may arise between you and ULend.Me (including its respective subsidiaries, employees, officers, directors, and agents), or between your and another User, relating in any way to or arising out of this or previous versions of the Agreement, your use of, or access to the Service, or any services sold, offered or purchased through the Platform or any breach, enforcement, or termination of this Agreement shall be resolved exclusively through final and binding arbitration, as an alternative to resolving a dispute in court, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the threatened or actual infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) governs the interpretation and enforcement of this “Disputes (Agreement to Arbitrate)” section.

Prohibition of Class Name and Representative Actions and Non-Individualized Relief: YOU AND ULEND.ME AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ULEND.ME AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS NAME PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER ULEND.ME USERS.

Arbitration Procedures: Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. An arbitrator may award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator also must follow the terms of these Terms as a court would.

You and ULend.Me agree that any dispute, claim, or controversy under $25,000 in value arising out of or relating to this Agreement, whether between you and ULend.Me or between you and other Users, or the existence, breach, termination, enforcement, interpretation, or validity thereof, shall be settled by binding arbitration administered or conducted by FairClaims (www.FairClaims.com) and not in a court of law, in accordance with its Arbitration Rules & Procedures effective at the time a claim is made. You further agree that judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any FairClaims arbitration hearing shall be held via videoconference. You consent to electronic service of process, with service to be made to the email address we have on record for your account.

You and ULend.Me agree that any dispute, claim, or controversy $25,000 and over in value arising out of or relating to this Agreement, whether between you and ULend.Me or between you and other Users, or the existence, breach, termination, enforcement, interpretation or validity thereof, shall be settled by binding arbitration administered or conducted by the American Arbitration Association (“AAA”) (https://www.adr.org) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this “Disputes (Agreement to Arbitrate)” section of the Agreement. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s services at http://www.adr.org. The arbitration shall be held in King County, Washington, or at another mutually agreed location.

You or ULend.Me may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and ULend.Me subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or ULend.Me, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Washington, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Users, but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Costs of FairClaims Arbitration: The parties agree to split all FairClaims fees evenly, or ULend.Me may elect, but is not obligated to, to cover all FairClaims fees. You agree that, in the event of confirmation and enforcement, the delinquent party to the arbitration will be responsible for any attorney, court, or other fees associated with such action.

Costs of AAA Arbitration: Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse ULend.Me for all fees associated with the arbitration paid by ULend.Me on your behalf that you otherwise would be obligated to pay under the AAA’s rules.

Non-Disclosure: You agree that any and all communications and evidence related to any dispute ultimately resolved by arbitration or mediation with FairClaims or AAA arising out of or relating to this Agreement shall be held and will remain confidential and that you will not take any action that will harm the reputation of any of the other parties to the arbitration or mediation or ULend.Me, or which would reasonably be expected to lead to unwanted or unfavorable publicity to and of the parties, ULend.Me or other entities involved in or incidental to the arbitration or mediation. You understand that those parties and entities include but are not limited to the claimant, respondent, witnesses, and ULend.Me.

Severability: With the exception of any of the provisions in any subsection of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in a subsection of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Terms, including all other provisions of this “Disputes (Agreement to Arbitrate)” section, will continue to apply.

Opt-Out Procedure: You can choose to reject this Agreement to Arbitrate (“opt-out”) by mailing us a written opt-out notice (“Opt-Out Notice”). Please email us at legal@ulend.me for the mailing address. For new ULend.Me Users, the Opt-Out Notice must be postmarked no later than thirty (30) days after the date you accept the Agreement for the first time. If you are already a current ULend.Me User and previously accepted the Agreement prior to the introduction of this Agreement to Arbitrate, the Opt-Out Notice must be postmarked no later than October 5, 2016. The Opt-Out Notice must state that you do not agree to this Agreement to Arbitrate and must include your name, address, phone number, and the email address used to log in to ULend.Me Accounts to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt-out of the Agreement to Arbitrate. If you opt-out of the Agreement to Arbitrate, all other parts of the Agreement, including all other provisions of this “Disputes (Agreement to Arbitrate)” section, will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

Future Changes to the Agreement to Arbitrate: Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or services link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against ULend.Me prior to the effective date of the change. Moreover, if we seek to terminate the Agreement to Arbitrate as included in the Terms, any such termination shall not be effective until thirty (30) days after the version of the Terms not containing the Agreement to Arbitrate is posted to http://www.ulend.me, and shall not be effective as to any claim that was filed in a legal proceeding against ULend.Me prior to the effective date of termination.

18. ELIGIBILITY

You must be at least 18 years old to use our Services. If you are under 18 years old and would like to use ULend.Me, you can, but only if a parent or legal guardian who is at least 18 years old supervises you. In all cases, the adult would be the user and is responsible for any and all activity.

We operate in the United States of America, and we provide ULend.Me for use only by Users located in the United States. Furthermore, ULend.Me is hosted in the United States. As such, we make no representation that ULend.Me is appropriate or available for use outside the United States. Users who access ULend.Me or any part thereof from outside the United State do so at their own risk and are responsible for compliance with applicable local laws. For the avoidance of doubt, Users accessing ULend.Me from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from U.S. laws, are advised that through their continued use of ULend.Me, which is governed by U.S. law, consent to transferring their personal information to the United States.

By using ULend.Me, you represent and warrant that you meet all eligibility requirements we outline in these Terms. We may still refuse to let certain people access or use the Services. We may also change our eligibility criteria in our sole discretion.

Subject to your compliance with these Terms, we grant you a limited, non-transferable license to use our Services only for your own personal use and not for the use of any third party (unless you are a parent or legal guardian using the Services for your minor child). If you are signing up for our Services on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to this Agreement.

19. ENTIRE AGREEMENT

This Agreement sets forth the entire understanding and agreement between you and us as to the subject matter hereof and supersedes any and all prior discussions, agreements, and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between us. Except as provided for above, any modification to this Agreement must be in writing and must be signed by both parties.

20. FEEDBACK

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services. You may submit Feedback by emailing us at admi@ulend.me or through the “Contact” section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of ULend.Me and you hereby irrevocably assign to ULend.Me and agree to irrevocably assign to ULend.Me 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 ULend.Me’s request and expense, you will execute documents and take such further acts as ULend.Me may reasonably request to assist ULend.Me to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

21. FEES AND BILLING

Service Fees. For each rental, we charge a service fee (“Service Fee”) as follows: 5% of the Listed Rental Price from Renters. The Service Fee helps cover payment processing, member vetting, hosting, our damage and theft coverage, and other services to run ULend.Me  smoothly.

Here are some things to keep in mind about fees and payment:

Stripe / PayPal. To enter into a Rental, you’ll be required to register with Stripe and/or PayPal, our payment processors, and to go through a vetting process to set up an account. You will then be required to provide your credit card or bank account details to Stripe and/or PayPal  and will be obligated to agree to their terms of use. We do not have control over Stripe and/or PayPal  and disclaims all liability with respect to it. We do not store or maintain any User’s payment information. Any issues with payments may need to be resolved with the payment processors directly. By enabling Stripe and/or PayPal for use with ULend.Me, you grant us permission to access your data and take any other actions as required for the interoperation of Stripe and/or PayPal with ULend.Me, and any exchange of data or other interaction between you and Stripe and/or PayPal is solely between you,  Stripe and/or PayPal.

Responsibility for Paying Fees. Our Service Fee and any third-party processing fees will be deducted from the Listed Rental Price. Renters will be responsible for paying the Rental Payment for the applicable Rental, which includes the Listed Rental Price, any extra payments related to the Rental, such as delivery, maintenance, or other assistance as linked to the particular Gear listed, and any other applicable fees (as determined in our sole discretion). Once an Owner has accepted a particular Rental, the Renter will be charged and hereby authorizes Stripe and/or PayPal to process the Rental Payment. Owner acknowledges and agrees that we will remit the Rental Payment to the Owner within 1-3 days from the date the Rental Period for the applicable Rental begins.

Taxes. You will be liable for any taxes (including VAT, if applicable) required to be paid on a Rental (other than taxes on the Company’s income). Except as set forth in this Agreement, Owners will be solely liable for any taxes resulting from any Rental or use of ULend.Me (including VAT, if applicable) and will be solely responsible to determine what taxes, if any, he or she must pay. Owners will be solely liable for any income taxes required to be paid on a Rental (other than taxes on the Company’s income).

• If you are an Owner with a physical business location that primarily sells or rent equipment (a “Rental House”), then you are solely responsible for the payment and/or submission of such sales taxes to the appropriate state tax authority. We are in no way responsible for sales tax payments and you shall indemnify us for all costs associated with any claim or alleged claim by any state tax authority for such payments.
• If you are an Owner who is not a Rental House, we will collect any taxes resulting from any Rentals on your behalf and pay the applicable government authorities. We are not liable for any false or incorrect information you provide resulting in an error in tax distributions.

Our Rights. We reserve the right to change the foregoing fees and agree to notify users of any changes in such fees prior to charging you. We also reserve the right, in our sole discretion (but not the obligation), to: (i) place on hold any Rental Payment for an indefinite period, or (ii) refund or provide credits to a Renter or Owner, or arrange for Stripe and/or PayPal to do so, from the funds paid by a Renter or received by an Owner if we determine, in our sole discretion, that any impropriety has occurred in a Rental.

22. FORCE MAJEURE

We will not be held liable for any delays, failure in performance, or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, or other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provision.

23. FORUM

If for any reason a claim proceeds in court rather than in arbitration, the parties agree that the claim will be brought exclusively in a federal court located in Washington state The parties expressly consent to this exclusive jurisdiction and waive any and all objections based on inconvenience of venue or jurisdiction. However, the parties may seek injunctive or other equitable relief to protect its intellectual property rights and any claims regarding infringement or misappropriation of its intellectual property rights in any court of competent jurisdiction.

24. GENERAL TERMS AND CONDITIONS

ULend.Me has created the Platform with certain technology that enables Listing owners or vendors (hereinafter, “Owners”), who are lessors of Listings, and renters (hereinafter, “Renters”), who are lessees of Listings, to communicate and arrange for the rental of Listings with each other. ULend.Me has also has created the Platform with certain technology that enables Listing sellers or vendors (hereinafter, “Sellers”), who are sellers of Listings, and buyers (hereinafter, “Buyers”), who are purchasers of Listings, to communicate and arrange for purchases of Listings with each other. One Listing can be offered for rent by a Profile as an Owner to a Renter, or for purchase by the same Profile as a Seller to a Buyer.

ULend.Me is not an owner, seller, vendor, or operator of any Listings, except for Listings that are available on ULend.Me’s own Profile. ULend.Me does not own, sell, resell, provide, rent, sub-rent, manage and/or control Listings or Platform offered in Listings, except for Listings on ULend.Me’s Profile.

Eligibility to Use ULend.Me Platform: The Platform is offered and available to Users who are eighteen (18) years of age or older who can form legally binding contracts. By using the Platform, you represent and warrant that: 1) you are at least eighteen (18) years old; 2) you can form a binding contract with ULend.Me and other Users; 3) you submitted accurate and truthful account, registration, identity, and verification information and documents; and 4) you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform. Any use of the Platform by anyone under eighteen (18) is expressly prohibited.

ULend.Me Account Registration: In order to access certain features of the Platform, including listing, requesting, renting, or purchasing a Listing, you must register or sign-up to create a ULend.Me account (herein, “ULend.Me Account”), either by providing us your email address and creating a password or through a third-party networking account, including Facebook and Google accounts. After signing up as a User, you will have a User profile with a publically-viewable web address or URL (herein, “User Profile” or “Profile”). If you register a ULend.Me Account and use a business display name, business-owned domain email address, business profile photo, business Profile logo, and/or business social links on your ULend.Me Account, you agree and personally guarantee that you have the authority to bind the entity to this Agreement, and you agree that you, individually, and the business entity (including any and all of the business’ owners, officers, directors, agents, and joint venturers) are legally bound by the provisions of the Terms. You may not assign or otherwise transfer your ULend.Me Account and/or User ID to another party. You may not register more than one (1) ULend.Me Account unless ULend.Me authorizes you to do so.

Verification Procedure and Profile Badges: Before you message another User, or list, rent, or purchase a Listing, you will provide us and/or our service providers with certain information and documentation, including but not limited to identification information and documentation, about yourself and/or your business to enable us to attempt to verify your identity in order to become a “Verified Member.” You promise to provide complete and accurate information and documentation to us about yourself and/or your business, and fix any and all errors, once discovered, in the information and documentation that you have provided us and/or our service providers. ULend.Me has the right, but not the obligation, to undertake screenings, checks, and processes to help verify or check the identities and/or backgrounds of Users and associated businesses, but ULend.Me does not endorse any User (including User’s that create a business Profile), or the User’s background, or commit to undertake any specific verification or screening process, including but not limited to criminal background checks. We may, in our sole discretion, use third-party services to verify the information and documentation you provide to us and to obtain additional related information and documentation and corrections where applicable and you hereby authorize ULend.Me to request, receive, use, and store such information and documentation. We may accept or reject your application to establish a ULend.Me Account and/or become a Verified Member at our sole discretion.

If you choose to provide us with certain information and documentation about yourself and/or your business to become a Verified Member, you represent and warrant to us that 1) any document, including a government-issued identification document, that you provide to us is an accurate and unaltered image of the original document that is without error, and 2) that you have all necessary permissions to provide such documents to us and your submission of such documents to us will not violate any law or regulation or cause us to be subject to any investigation, prosecution or legal action. We may disclose your submitted document(s) or certain information and documentation, including personal information and documentation, you provide to our third-party service providers, investigators, and/or law enforcement agencies that may help us to detect inaccurate or fraudulent documents and related information. If you do not consent to our disclosure of the submitted information and documentation you provide, you must not provide them to us.

ULend.Me Account verification features, may be discontinued at any time without notice, and we reserve the right to grant and revoke a Verified Member status, for any User, at any time, and without any liability to ULend.Me.

User Information and Documentation Updates: You promise to update the information and documentation you have provided to us in the event of any changes to your identity information and documentation, contact information, or background. You promise to, and are solely responsible for, keeping your contact information up-to-date, as ULend.Me may deliver notices to you at the most recent email, telephone, or address provided by you, and those notices will be considered valid even if you no longer maintain the email account, telephone number, or receive mail at that address, unless you provide updated contact information and documentation to us.

You promise to and are solely responsible for immediately reporting to ULend.Me any and all of your felony criminal convictions and you agree that you have an ongoing duty to report any and all of your new felony criminal convictions. ULend.Me does not represent or warrant that we have taken any steps to run a criminal or other background check or otherwise make an assessment of a User’s (individual or business) integrity or character.

ULend.Me’s Role: ULend.Me’s responsibilities are limited to: (i) facilitating the availability of the Platform; and (ii) serving as the limited payment collection agent of each Owner or Seller for the purpose of accepting payments from the Renter, Buyer, or third-party cardholder and/or bank account holder on behalf of the Owner or Seller, while assessing any applicable rental fees, purchase prices, transaction fees, rental cancellation fees, late rental drop-off fees, Service Fees (Owner or Seller service fees), Community Fees (Renter or Buyer service fees), Owner or Seller Profits (Owner or Seller profits after Service Fees are collected by ULend.Me), Listing fees, insurance fees, loss damage waiver (‘Damage Only’ and ‘Damage + Theft’ as defined herein) fees and costs, deductibles, security deposits, any amounts owed by the Renter, Buyer, or third-party cardholder and/or bank account holder to the Owner or Seller, or ULend.Me, and/or any amounts that the Renter, Buyer, or a third-party cardholder and/or bank account holder have reported as a chargeback or disputed charge (where the cardholder and/or bank account holder, via their bank, dispute a charge to any of the third-party payment processors and/or service providers that we may use on behalf of the cardholder and/or bank account holder) and any associated chargeback or disputed charge fees (hereinafter, collectively known as “Transaction Costs”).

As an Owner, you agree to grant ULend.Me the right to allow the Renter to use any Listings rented by them, as agreed to between you and the Renter. As a Seller, you agree to grant ULend.Me the right to allow the Buyer to purchase and obtain any Listings purchased by them, as agreed to between you and the Buyer. As an Owner or Seller, you agree to fully authorize ULend.Me to enter into agreements that include the aforementioned rights. You understand and agree that ULend.Me does not act as an insurer, broker, or as your contracting agent. Any agreement you enter into with any other User is between you and the User and ULend.Me is not a party to it.

Accessing the Platform: We reserve the right to withdraw or amend the Platform, and any service or material we provide on the Platform, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to Users, including registered Users.

Your Responsibilities and Account Security: You are responsible for making all arrangements necessary for you to have access to the Platform ensuring that all persons who access the Platform through your internet connection are aware of the Terms and comply with them. To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information and documentation. It is a condition of your use of the Platform that all the information and documentation you provide on the Platform is correct, current, and complete. You agree that all information and documentation you provide to register with the Platform or otherwise, including but not limited to through the use of any interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your ULend.Me Account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your User name or password or any other breach of security. You also agree to ensure that you exit from your ULend.Me Account at the end of each session. You should use particular caution when accessing your ULend.Me Account from a public or shared computer so that others are not able to view or record your password or other personal information. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your ULend.Me Account after you have reported unauthorized access to us. No third party is authorized by ULend.Me to ask for your username and password, and you shall not request the credentials of another Member.

We offer a feature that allows a Member to add and authorize a third-party (hereinafter, “Authorized Person”) to act on behalf of the Member, including but not limited to, communicating, picking up Listings, and/or dropping off Listings with other Members, after a Member adds the Authorized Person’s name, email address, phone number, and/or government-issued ID. When you add an Authorized Person to a Listing rental, you understand and agree that you are still legally bound by, the provisions of the Terms, and you are are jointly and severally liable for any actions or inactions of the Authorized Person in relation to the Listing rental and transaction that you added the Authorized Person to, given that you are the responsible party for the Listing rental and transaction. You agree that if, you or anyone makes a claim against the Authorized Person that is added Listing rental, you will indemnify and hold the ULend.Me harmless from any liability, demand, loss, damage, or costs which you or another party may incur as the result of such claim. ULend.Me is not responsible, or liable to any third party.

ULend.Me is a marketplace where Members who comply with the Terms to offer, rent, sell and buy Listings from other Members. While we have verification procedures for our Members and processes in place to review Listings, we cannot guarantee the truth, accuracy, or legality of Listings, and the ability for Owners to rent out Listings, Renters to rent and pay for Listings, Sellers to sell Listings, or Buyers to purchase and pay for Listings. ULend.Me also cannot ensure that a member will complete a rental or purchase transaction or guarantee the true identity, nationality, and age of a Member. We recommend that you communicate directly with other Members using the Platform to conduct your own assessment of another Member, and we strongly recommend that you do not transact with another Member when you’re not comfortable with a potential transaction.

You agree that you will always use your ULend.Me Account and the Platform in compliance with the Terms, applicable law, and any other policies and standards provided to you by ULend.Me. We have the right to disable any ULend.Me Account, Profile, username, password, or other identifiers, whether chosen by you or provided by us, at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of the Terms of Service.

25. GEOGRAPHIC RESTRICTIONS

ULend.Me, LLC, the owner of the Platform, is based in the United States. We provide the Platform for use only by persons located in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States, or accessible or appropriate for non-United States residents. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

26. GOVERNING LAW AND JURISDICTION

All matters relating to the Platform and the Terms and any dispute or claim arising therefrom or related thereto in each case, including non-contractual disputes or claims, shall be governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule whether of the State of Washington or any other jurisdiction. Any legal suit, action, or proceeding arising out of, or related to, the Terms or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington in each case located in the City of Spokane and County of Spokane, although we retain the right to bring any suit, action or proceeding against you for breach of the Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

27. INDEMNIFICATION

You agree to release, defend, indemnify, and hold ULend.Me and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

 

(a) your access to or use of the Site, Services, or Collective Content or your violation or breach of these Terms;

 

(b) your Member Content;

 

(c) any injury occurring to any person or property as a result of the use or travel to or from by you;

 

(d) your (i) interaction with any Member, (ii) Booking of a item, (iii) creation of a Listing or (iv) the use, condition or rental of a item by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, Booking or use of a item;

 

(e) any dispute between you and another user of the Site or Services; and

 

(f) any infringement or misappropriation of the third party’s rights.

28. INFORMATION ABOUT YOU AND YOUR VISITS TO THE PLATFORM

All information and documentation we collect on the Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

29. INSOLVENCY PROCEEDINGS

If any proceeding by or against you is commenced under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, ULend.Me will be entitled to recover all reasonable costs or expenses (including reasonable attorneys’ fees and expenses) incurred in connection with the enforcement of this Agreement.

30. INSURANCE POLICIES

Disclaimer: ULend.Me is not an insurance provider, broker, or agent. ULend.Me is not licensed in any state or country to be an insurance provider, broker, or agent. 

Currently, ULend.Me does not provide insurance or any other kind of coverage for any items. By renting items, as a Owner, you understand and agree that you must have adequate and applicable insurance for the rental of your items. 

Owners and Renters are also bound by any and all applicable terms and policies of any insurance provider, carrier, broker, or agent involved in the transaction between the Owner and the Renter. ULend.Me recommends that you carefully read and understand any policy documents which may apply to a rental.

For insurance purchased from Athos Insurance (www.athosinsurance.com) on ULend.Me (hereinafter, “Short Term Insurance,” “Short Term,” “Annual Insurance,” or “Annual”), insurance documents may be agreed to or generated which include but are not limited to the Application, Proof of Insurance, Complete Insurance Policy, and Invoice and Payment Receipt. Any questions about a Short Term or Annual policy purchased on ULend.Me should be directed to Athos Insurance, as ULend.Me is not an insurance provider, broker, or agent. 

31. INTELLECTUAL PROPERTY RIGHTS

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by ULend.Me, its licensors, or other providers of such material and are protected by the United States of America and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Terms permit you to use the Platform for your personal, non-commercial use only. Any and all commercial use by you of the Platform must be expressly authorized by ULend.Me.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform, except as follows: 1) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; 2) You may store files that are automatically cached by your Web browser for display enhancement purposes; 3) You may print or download one copy of a reasonable number of pages of website for your own personal, non-commercial use and not for further reproduction, publication or distribution; 4) If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end User license agreement for such applications; and/or 6) If we provide social media features with certain content, you make take such actions as are enabled by such features.

You must not: 1) Modify copies of any materials from this site; 2) Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; and/or 3) Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform without ULend.Me’s authorization. If you wish to make any use of material on the Platform other than that set out in this section, please address your request to: legal@ulend.me. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by ULend.Me. Any use of the Platform not expressly permitted by the Terms is a breach of the Terms and may violate copyright, trademark, and other laws.

32. LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

33. LIMITATIONS OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY ITEM VIA THE SITE AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF ULEND.ME WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER ULEND.ME NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES OR FROM YOUR LISTING OR BOOKING OF ANY ITEM VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ULEND.ME HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE HOSTS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE ULEND.ME HOST GUARANTEE, IN NO EVENT WILL ULEND.ME’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE OR SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ITEM VIA THE SITE AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY ITEM OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE AND SERVICES AS A RENTER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY ULEND.ME TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ULEND.ME AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

34. LINKING TO THE PLATFORM AND SOCIAL MEDIA FEATURES

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. The Platform may provide certain social media features that enable you to: 1) Link from your own or certain third-party services to certain content on the Platform; 2) Send emails or other communications with certain content, or links to certain content, on the Platform; and/or 3) Cause limited portions of content on the Platform to be displayed or appear to be displayed on your own or certain third-party services. You may use these features solely as they are provided by us solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: 1) Establish a link from any Platform that is not owned by you; 2) Cause the Platform or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; 3) Link to any part of the Platform other than the homepage; and/or 4) Otherwise take any action with respect to the materials on the Platform that is inconsistent with any other provision of the Terms. The Platform from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in the Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice at our discretion.

35. LINKS

The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that ULend.Me is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by ULend.Me of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

 

Some portions of the ULend.Me Site, Services and/or platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use, located at, https://www.google.com/intl/en_us/help/terms_maps/.

36. LINKS FROM THE PLATFORM

If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including online advertisements, promoted Listings, and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party services linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such services.

37. LISTINGS

As a Member, you may create Listings. To this end, you will be asked a variety of questions about the item being listed, including, but not limited to, the location, features, availability of the listing and pricing and related rules and financial terms. Listings will be made publicly available via the Site and Services. Other Members will be able to book your item via the Site and Services based upon the information provided in your Listing. You understand and agree that once a Renter requests a Booking of your item, the price for such Booking may not be altered.

 

You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the Booking of, or Renter’s use of, a item in a Listing you post (i) will not breach any agreements you have entered into with any third parties, (ii) you own, license, or otherwise have all necessary rights to occupy or rent the item, and (iii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any item included in a Listing you post, including, but not limited to, demographic laws and laws governing rentals of items and (b) not conflict with the rights of third parties. Please note that ULend.Me assumes no responsibility for a Host’s compliance with any applicable laws, rules and regulations.

 

ULend.Me reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that ULend.Me, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to its community or the Site or Services.

 

You understand and agree that ULend.Me does not act as an insurer or as a contracting agent for you as a Host. Any agreement you enter into with such Renter is between you and the Renter and ULend.Me is not a party thereto. Notwithstanding the foregoing, ULend.Me serves as the limited authorized agent of the Host for the purpose of accepting payments from Renters on behalf of the Host and is responsible for transmitting such payments to the Host and in limited circumstances to assist Hosts in remedying a Renter’s Default.

 

When you create a Listing, you may also choose to include certain requirements and list prohibited items which must be met by the Members who are eligible to request a Booking of your item, including, but not limited to, requiring Members to have a profile picture, connected Facebook account or other SNS account or verified phone number in order to book your item. Any Member wishing to book an item included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the “Hosting” section of the Site and/or Services. If a Host misrepresents a item or otherwise provides inaccurate or incomplete information about a item in a Listing, (a) ULend.Me may, in its sole discretion, determine if and the extent to which the applicable Renter is entitled to a refund and (b) the Host Guarantee (as defined below) is void with respect to such Listing. ULend.Me, in its sole discretion, may (i) refuse to pay Host amounts refunded to Renter, (ii) withhold current or future item Fees, (iii) otherwise charge Host, or (iv) seek all legal remedies against Host for Host’s violation of this provision or otherwise of these Terms.

 

If you are a Host, ULend.Me makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for Booking for your item. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the item at your request or invitation, excluding the Renter.

38. MEMBER AGREEMENTS

FOR A ULEND.ME RENTAL, YOU UNDERSTAND AND AGREE THAT ULEND.ME’S TERMS OF SERVICE AND COMMUNITY RULES, IN CONJUNCTION WITH YOUR RENTAL CONVERSATION AND RENTAL INVOICE, EFFECTIVELY ESTABLISHES THAT A RENTAL TOOK PLACE BETWEEN YOU AND OTHER USER IDENTIFIED YOUR RENTAL CONVERSATION AND/OR RENTAL INVOICE, EFFECTIVELY ESTABLISHING A BINDING LEGAL AGREEMENT BETWEEN YOU AND THE OTHER USER IDENTIFIED IN YOUR RENTAL CONVERSATION AND/OR RENTAL INVOICE.

FOR A ULEND.ME PURCHASE, YOU UNDERSTAND AND AGREE THAT ULEND.ME’S TERMS OF SERVICE AND COMMUNITY RULES, IN CONJUNCTION WITH YOUR PURCHASE CONVERSATION AND PURCHASE INVOICE, EFFECTIVELY ESTABLISHES THAT A PURCHASE TOOK PLACE BETWEEN THE YOU AND OTHER USER IDENTIFIED IN THE PURCHASE CONVERSATION AND/OR PURCHASE INVOICE, EFFECTIVELY ESTABLISHING A BINDING LEGAL AGREEMENT BETWEEN YOU AND THE OTHER USER IDENTIFIED IN YOUR PURCHASE CONVERSATION AND/OR PURCHASE INVOICE.

39. MODIFICATIONS TO THE TERMS

ULend.Me reserves the right, in its sole discretion, to modify the Site or Services or to modify these Terms, including the fees due hereunder at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or update you via the Services, or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site, you are indicating that you agree to be bound (or continue to be bound) by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.

39. MONITORING AND ENFORCEMENT; TERMINATION

We have the right to: 1) Remove or refuse to post any User Contributions for any or no reason in our sole discretion; 2) Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of the Platform or the public or could create liability for ULend.Me; 3) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; 4) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform; and/or 5) Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of the Terms. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform.

YOU WAIVE AND HOLD HARMLESS ULEND.ME AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ULend.Me AND/OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ULEND.ME OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake a review of all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.

39. NO WAIVER

Our failure to exercise or delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.

40. NONDISCRIMINATION POLICY

ULend.Me is, at its core, an open community dedicated to connecting people to improve peer-to-peer renting accessibility. ULend.Me welcomes and services an incredibly diverse community, drawing together individuals of different cultures, values, and norms. To remain a Member, you are required to comply with all Applicable Laws, whether federal, state, or local, including those relating to diversity and non-discrimination. In addition, Members must comply with the following requirements:

ULEND.ME OWNERS MAY NOT:

• Decline a Renter based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
• Impose any different terms or conditions based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
• Post any listing or make any statement that discourages or indicates a preference for or against any Renter on account of race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
• Impose any different terms or conditions based on gender.
• Post any Listing or make any statement that discourages or indicates a preference for or against any Renter on account of gender.
• Decline a Renter based on any actual or perceived disability.
• Impose any different terms or conditions based on the fact that the Renter has a disability.
• Inquire about the existence or severity of a Renter’s disability, or the means used to accommodate any disability. If, however, a potential Renter raises its disability, a Owner may, and should, discuss with the potential Renter whether the Listing meets the potential Renter’s needs.
• Prohibit or limit the use of mobility devices.
• Charge more in fees for Renters with disabilities.
• Post any listing or make any statement that discourages or indicates a preference for or against any Renter on account of the fact that the Renter has a disability.
• Refuse to communicate with Renters through accessible means that are available, including relay operators (for people with hearing impairments) and e-mail (for people with vision impairments using screen readers).
• Refuse to provide reasonable accommodations, including flexibility when Renters with disabilities request modest changes in your house rules, such as bringing an assistance animal that is necessary because of the disability, or using an available parking space near the unit. When a Renter requests such an accommodation, the Owner and the Renter should engage in a dialogue to explore mutually agreeable ways to ensure the unit meets the Renter’s needs.

WHEN RENTERS ARE TURNED DOWN

 

Owners should keep in mind that no one likes to be turned down. While a Owner may have, and articulate, lawful and legitimate reasons for turning down a potential Renter, it may cause that member of our community to feel unwelcome or excluded. Owners should make every effort to be welcoming to Renters of all backgrounds. Owners who demonstrate a pattern of rejecting Renters from a protected class (even while articulating legitimate reasons), undermine the strength of our community by making potential Renters feel unwelcome, and ULend.Me may suspend Owners who have demonstrated such a pattern from the ULend.Me platform or use of the Site and/or Services.

 

41. NOTICE

We may provide you with notices, including those regarding changes to this Agreement. Such notices may not be received if you violate this Agreement by accessing ULend.Me in an unauthorized manner. You acknowledge that under this Agreement, by using ULend.Me you are deemed to have received any and all notices that would have been delivered had you accessed ULend.Me in an authorized manner.

42. OUR MARKETPLACE

ULend.Me is an online marketplace designed to connect Renters and Owners. Because all Rentals are directly between Renters and Owners, we cannot and do not have control over the quality, timing, safety, legality, integrity, actions, or omissions of any Owner or Renter. We also do not have control over:

• The truthfulness or accuracy of the Rental Listings;
• The ability of Owners to rent the Gear listed; or
• The ability of Renters to rent or pay for the rental of any Gear.

When using our Services, know that there is no guarantee that the parties will comply with any terms of the applicable Rental Contract.

ULend.Me Inc. is not liable for a User’s deceptive or fraudulent acts, voluntary parting of the Gear, theft of Gear, or any other loss caused by a User’s deceptive or fraudulent acts through ULend.Me. ULend.Me may, in its sole discretion, choose to work with law enforcement and any insurance companies involved, and cooperate with any investigation and produce information about the incident and the parties involved.

42. OWNER OR SELLER RELEASE AND WAIVER 

In order to rent or purchase a Listing, you, the Renter or Buyer, accept this Listing Release and Waiver, which is effective between you, the Renter or Buyer, and Listing Owner or Seller as of the date when you first rent or purchase a Listing.

You represent that you are eighteen (18) years of age or older. If you are allowing a minor to be in the presence of and/or use of the Listing, you acknowledge and agree that you are solely responsible for the supervision of that minor throughout the duration of the Rental Period or after your purchase, and have read this Release and Waiver and agree to it on the minor’s behalf. If you are renting or purchasing a Listing on behalf of another person or company, you will ensure, and you represent and warrant that each person or company on whose behalf you book has read and agreed to this Listing Release and Waiver, which shall apply to each of them as if the reference to “you” was a reference to him/her.

Assumption of Risks: You understand and acknowledge that the Listing may be hazardous and may carry the risk of injury or illness, including but not limited to physical injury, property damage, sickness disability, permanent paralysis, and death.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY, AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF RENTING OR PURCHASING A LISTING, INCLUDING EACH ITEM THAT AN OWNER OR SELLER RENTS OR SELLS TO YOU, EVEN IF THOSE RISKS ARISE FROM THE NEGLIGENCE OR CARELESSNESS OF THE OWNER, SELLER, OR OTHERS, OR DEFECTS IN THE EQUIPMENT, PREMISES, OR FACILITIES USED DURING THE RENTAL OR AFTER THE PURCHASE, OR OTHERWISE, AND YOU ASSUME FULL RESPONSIBILITY FOR PARTICIPATION IN THE RENTAL OR PURCHASE OF THE LISTING.

Release and Waiver: You acknowledge and agree that:(1) You have reasonably assessed the risks involved in the rental or purchase and have made an informed and voluntary choice to participate in the rental or purchase; (2) You alone, and not the Listing Owner or Seller, are responsible for determining your fitness for participating in the rental or purchase and your ability to fully understand any directions or warnings presented; (3) You will not participate in any rental or purchase when you have a physical, medical, or mental limitation or disability that may be relevant or may affect to the use the Listing that you are renting or purchasing, or when you are aware or should reasonably be aware of any factors that may limit or prevent you from safely participating in the rental or purchase; and (4) You will act reasonably and responsibly and will comply with any provided and customary conditions, directions, and/or precautions for participation in the rental or purchase. If you notice any hazard during the Rental Period, you will stop participating in the rental immediately and inform the listing Owner.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE AND PROMISE NOT TO SUE THE LISTING OWNER OR LISTING SELLER FOR ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES (WHETHER ECONOMIC OR NON-ECONOMIC), DAMAGES, EXPENSES, COSTS, OR LIABILITY OF ANY NATURE WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR RENTAL OR PURCHASE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.

If you reside in California, you expressly waive the protection of Section 1542 of the California Civil Code (“Section 1542”), which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR. You understand and agree that claims or facts in addition to or different from those which are now known or believed by you to exist may hereafter be discovered.

You intend this Listing Release and Waiver to be a complete and unconditional release of all liability to the greatest extent allowed by law. You agree that if any portion of this Waiver and Release is held to be invalid, the remainder notwithstanding shall continue in full force and effect.

Disclaimer of Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW, LISTING OWNERS OR LISTING SELLERS PROVIDE THEIR LISTINGS “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, LISTING OWNERS OR LISTING SELLERS EXPRESSLY DISCLAIM ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO YOU.

Indemnification: You agree that if, despite this Listing Release and Waiver, you or anyone on your behalf make a claim against the Listing Owner or Seller relating to a Listing rental or purchase, you will indemnify and hold the Listing Owner or Seller harmless from any liability, demand, loss, damage, or costs which the Owner or Seller may incur as the result of such claim.

YOU AFFIRM THAT YOU HAVE READ THIS LISTING RELEASE AND WAIVER AND FULLY UNDERSTAND THE ASSUMPTION OF RISK, RELEASE, WAIVER, AND CONSENT CONTAINED IN IT. YOU FURTHER UNDERSTAND THAT YOU HAVE GIVEN UP RIGHTS BY AGREEING TO THE TERMS, AND HAVE DONE SO FREELY AND VOLUNTARILY, AND WITHOUT INDUCEMENT.

43. RATINGS AND REVIEWS  

After a completed transaction, ULend.Me Members can leave a publically-displayed Profile review (“Review”) and submit a rating (“Rating”) about another Member. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of ULend.Me. Ratings and Reviews are not verified by ULend.Me for accuracy and may be incorrect or misleading. Ratings and Reviews by Renters and Lenders must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to content terms in this Agreement and may be removed by ULend.Me. Ratings and Reviews may also be displayed elsewhere on the Platform together with other relevant information about the Member.

44. RELEASE OF ULEND.ME AND LIMITATION OF LIABILITY  

If you have a dispute with a ULend.Me User, Authorized Person (including its affiliates or their licensors, service providers, employees, agents, officers or directors, or associates), Authorized Person, any third-parties (including but not limited to related insurance carriers, insurance agents, and/or insurance companies), you release ULend.Me, its affiliates or their licensors, service providers, employees, agents, officers or directors, from any and all claims, demands, and damages (actual and consequential damages) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

IN NO EVENT WILL ULEND.ME, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY SERVICES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ULEND.ME AND YOU. WE WOULD NOT PROVIDE THE SERVICE WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF YOU RESIDE IN CALIFORNIA, YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, OR ANY SIMILAR LAW, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU UNDERSTAND AND AGREE THAT CLAIMS OR FACTS IN ADDITION TO OR DIFFERENT FROM THOSE WHICH ARE NOW KNOWN OR BELIEVED BY YOU TO EXIST MAY HEREAFTER BE DISCOVERED.

YOU AFFIRM THAT YOU HAVE READ THIS AGREEMENT, INCLUDING THIS RELEASE OF ULEND.ME AND LIMITATION ON LIABILITY SECTION AND FULLY UNDERSTAND THE ASSUMPTION OF RISK, RELEASE, WAIVER, AND LIMITATION ON ULEND.ME’S LIABILITY, AND CONSENT CONTAINED IN IT. YOU FURTHER UNDERSTAND THAT YOU HAVE GIVEN UP RIGHTS BY AGREEING TO THESE TERMS, AND HAVE DONE SO FREELY AND VOLUNTARILY, AND WITHOUT INDUCEMENT.

45. RELIANCE ON INFORMATION POSTED  

The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents. The Platform may include content provided by third parties, including materials provided by other Users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by ULend.Me, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of ULend.Me. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

46. RENTALS  

Upon receipt of a Rental confirmation from ULend.Me, a legally binding agreement is formed between the Owner and Renter, subject to any additional terms and conditions detailed in the Rental Listing, as well as the terms and conditions of the Rental Terms. 

If you are an Owner, you understand and agree that we do not act as an insurer or as your contracting agent. By entering into a Rental as an Owner, any agreement you enter into with such Renter is between you and the Renter, and ULend.Me Inc. is not a party to it. Notwithstanding the foregoing, you hereby appoint ULend.Me  as your limited agent for the purpose of collecting the Rental Payments from Renters, and you understand that our obligation to pay you is subject to and conditional upon successful receipt of the associated payments from Renters. In accepting appointment as the limited collection agent of the Owner, we assume no liability for any acts or omissions of the Owner.

By using our Services as an Owner, you acknowledge that there is always a possibility of complete loss that may not be covered by damage coverage or short-term rental insurance. We strongly encourage Owners to separately purchase an insurance policy that covers theft and voluntarily parting for the Gear they post on ULend.Me.

47. RENTERS, RENTAL PERIOD, AND RENTER LIABILITY 

The period of time between when the Owner (or the Owner’s Authorized Person) releases custody and control of the Listing to the Renter (or the Renter’s Authorized Person) and when the Renter (or the Renter’s Authorized Person) returns custody and control of the Listing to the Owner (or the Owner’s Authorized Person) is known as the “Rental Period.” A Renter must request an initial Rental Period, with a set Listing pick-up day and time and a set Listing return day and time, and the Owner may accept the Rental Period that the Renter requests. A Renter must request any modifications to an initial Rental Period, with a set Listing pick-up day and time and a set Listing return day and time, and the Owner may accept any modifications to Rental Period that the Renter requests. Any Renter modifications to the Rental Period that are not accepted by the Owner are not authorized and may result in ULend.Me or the Owner making a police report against the Renter and pursuing legal action against the Renter.

If the Renter damages, loses, steals, converts, transfers custody and control to a third-party, and/or fails to return the Owner’s Listing, within the Rental Period, the Renter agrees that they are liable for and agree to immediately pay for the repair or replacement of the Owner’s Listing, up to the specified limit purchased and/or the Replacement Value of the Listing (as provided on the Listing when a Renter requests a Listing) and/or the amount not covered by a Renter’s coverage option or an insurance policy, and/or the entire deductible amount (if applicable) for the coverage option or insurance policy that covers the Listing. Renters are not liable for pre-existing damage or issues with an Owner’s Listing, if there is proof of pre-existing damage or issues or if the pre-existing damage or issues are not caused by the Renter’s rental and use of the Listing. We always recommend that both Owners and Renters use rental checksheets and thoroughly inspect Listings that they rent.

ULend.Me is not liable for a User’s (or the User’s Authorized Person) deceptive or fraudulent acts, the voluntary parting of Listings, the theft of Listings, and/or any other loss caused by User’s (or the User’s Authorized Person) deceptive or fraudulent acts and a User’s (or the User’s Authorized Person) use of ULend.Me.com, but ULend.Me will completely cooperate with the investigation and produce information about the incident and parties involved, working with law enforcement and any insurance companies involved.

NOTE: AS STATED ABOVE, THE PLATFORM IS INTENDED TO BE USED TO FACILITATE OWNERS OR SELLERS AND RENTERS OR BUYERS CONNECTING, COMMUNICATING, LISTING, RENTING, AND/OR PURCHASING LISTINGS DIRECTLY WITH EACH OTHER. ULEND.ME CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY PROFILES, USER-TO-USER CORRESPONDENCE, AND LISTINGS AND THE CONDITION, LEGALITY, OR SUITABILITY OF ANY LISTINGS. ULEND.ME IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL PROFILES, USER-TO-USER CORRESPONDENCE, AND LISTINGS. ACCORDINGLY, ANY RENTALS OR PURCHASES WILL BE MADE AT THE USER’S OWN RISK. IN NO EVENT SHALL ULend.Me BE LIABLE TO A USER OR A RELATED THIRD-PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY PROFILES, USER-TO-USER CORRESPONDENCE, AND LISTINGS OR THE INFORMATION ON ULend.Me’S PLATFORM. WHILE ULend.Me WILL EXPECT A USER OR A RELATED THIRD PARTY TO MAKE REASONABLE EFFORTS TO RETURN ANY PROPERTY THEY MAY RECEIVE THAT DOES NOT BELONG TO THEM, ULend.Me WILL NOT BE LIABLE FOR ANY LOSSES OF OR DAMAGE TO SUCH PROPERTY.

48. REPORTING MISCONDUCT 

If you rent to anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who: (a) engages in offensive, violent or sexually inappropriate behavior, (b) you suspect of stealing from you, or (c) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and to ULend.Me by contacting us with your police station and report number at admin@ulend.me; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

49. RIGHT TO TERMINATE YOUR ACCOUNT OR BLOCK ACCESS TO THE SITE 

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site and Services, and (b) deactivate or cancel your ULend.Me Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you at our discretion, which we are legally obligated to pay you. In the event ULend.Me terminates these Terms, or your access to our Site and Services or deactivates or cancels your ULend.Me Account you will remain liable for all amounts due hereunder. You may cancel your ULend.Me Account at any time by sending an email to admin@ulend.me. Please note that if your ULend.Me Account is canceled, we do not have an obligation to delete or return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback you have provided to ULend.Me.

50. SEVERABILITY

If any provision or term of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation or any governmental agency (local, state, or federal), such provision will be changed and interpreted to accomplish the objectives of the term or provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.

51. TAKEDOWN POLICY AND DMCA COMPLAINTS

If a User has uploaded any User Content to ULend.Me that infringes an intellectual property right, feel free to send us a request to take down the content at admin@ulend.me. Any such complaints or requests should include your name, mailing address, telephone number, email address, and physical or electronic signature, as well as the following information:

1. A) If you send us a request to take down content that infringes upon your copyright, your request should include:

• A description of the content that you believe infringes upon your copyright;
• The name of the copyrighted work that you believe is being infringed;
• The website URL that contains or is associated with the infringing content;
• A short explanation of how the content infringes your rights;
• A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or under the law; and
• A statement that the information included in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright.

Please note that we have designated the following agent for such copyright complaints or requests under the Digital Millennium Copyright Act (“DMCA”): Justin Anderson.

Copyright complaints and requests can be sent directly to this agent at admin@ulend.me. To learn more about the policies and requirements of the DMCA, please visit http://www.copyright.gov/legislation/dmca.pdf.

1. B) If you send us a request to take down content that infringes upon any other intellectual property rights of your’s (e.g., trademarks, patents, trade secrets, a right of publicity, etc.), your complaint or request should include:

• The intellectual property you own that is being infringed;
• A description of the content you believe infringes upon your intellectual property;
• The website URL that contains or is associated with the infringing content; and
• A short explanation of how the content infringes your rights.

If someone has created an account in which he or she pretends to be you, and you send us a request to take down that account, please be sure that you have included the email address of the fake account.

Once we receive a complaint, we will make best efforts to review the complaint as soon as possible. If you have provided all of the information above, we will promptly remove or block access to the content or the fake profile and will send a notice to the other ULend.Me user indicating that we have done so. We will terminate the accounts of any repeat infringers at our discretion.

If you receive a notice that we have removed infringing or false content, and you believe that we have acted as a result of misidentification or error, you can lodge a Counter Notice by emailing us at admin@ulend.me. Any Counter Notice should include:

• Your name, address, telephone number, and email address;
• An identification of the material that we have taken down;
• A statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification;
• A statement that you consent to the jurisdiction of the U.S. District Court for the federal district in which you reside, and that you will accept service of process from the complaining party or its agent in the event that a lawsuit is filed against you relating to such content; and
• Your physical or electronic signature.

If we receive such a Counter Notice, we will put the removed content back on your profile, unless we first receive notice from the complaining party that it has filed a lawsuit or other action seeking a court order to keep you from engaging in the allegedly infringing activity.

52. TAXES

ULend.Me cannot and does not offer tax-related advice to any Users. Please consult your tax consultant to determine tax treatment for your rental activities and retain all relevant documentation. This statement is provided for information purposes only and is not intended to constitute tax advice.

You are responsible for any sales, use, duty, or other governmental taxes or fees due with respect to your purchase or sale through the Sevices.

ULend.Me will collect applicable sales tax if we determine that we have a duty to collect sales tax in a given state. ULend.Me maintains a list of the states where it collects sales tax. If you are in a state where ULend.Me does not collect sales tax on your behalf, you are required to collect all applicable sales taxes for rentals or sales made through the Platform.

ULend.Me is a registered Washington State sales tax vendor and will collect sales tax on all taxable sales of tangible personal property that it facilitates for delivery to a Washington State address.

ULend.Me may need to report your earnings from transactions on the Platform to tax authorities if you hit certain thresholds of activity on our Platform. If ULend.Me determines that it is necessary to report your earnings, we and/or our Payment Provider will ask you for personal information, such as your social security number, in order to complete tax form 1099-K. If you do not provide this information when requested, we will instruct our Payment Provider to block payments to your bank account until we receive the necessary information.  ULend.Me is not responsible, in any manner, for paying taxes on your earnings or your use of the Platform.

53. THEFT OF ITEMS

After a formal claim is submitted by the Lender to ULend.Me with a copy of a filed police report, the Renter agrees to compensate the Lender for lost or stolen items. The Lender authorizes ULend.Me to determine the amount to be charged to the Renter, if any, except in cases exceeding one thousand dollars ($1,000) in damages (as determined by ULend.Me), which will then be determined by professional arbitration (see “Arbitration”) between the Lender and Renter. The Renter agrees to pay associated arbitration fees in the event of lost or stolen items.

54. THIRD-PARTY SERVICES AND CONTENT

We haven’t built ULend.Me entirely from scratch. In order to operate the Service, we utilize various third-party services and websites including, but not limited to, Stripe, PayPal and Facebook, as well as any other services listed in our Privacy Policy (“Third-Party Services”). We have no control over these Third-Party Services, and in no event shall we be held responsible or liable for the accuracy, reliability, or currentness of any third-party’s content or policies. Users who access or use a Third-Party Service through ULend.Me are solely responsible for complying with the terms and policies of those third parties.

In no event shall a description or reference to a third-party’s product or service (including, but not limited to, providing a description or reference via hyperlink) be construed as an endorsement of such third-party product or service by us. We retain the exclusive right to add to, modify, or cancel the availability of any Third-Party Service through ULend.Me.

55. TIME LIMITATION ON CLAIMS

You agree that any claim you may have arising out of or related to your relationship with us must be filed within one (1) year after such claim arose, where, for purposes of this section, the time that the injury or harm occurred – not when it was discovered thereafter – is where it arose; otherwise, your claim is permanently barred.

56. TRADEMARKS

ULend.Me name, the term “ULend.Me,” the Platform or ULend.Me logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ULend.Me or its affiliates or licensors. You must not use such marks without the prior written permission of ULend.Me. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.

Prohibited Uses: You may use the Platform only for lawful purposes and in accordance with the Terms. You agree not to use the Platform: 1) In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); 2) For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; 3) To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in the Terms; 4) To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; 5) To impersonate or attempt to impersonate ULend.Me, a ULend.Me employee, another User or any other person or entity (including, without limitation, by using email addresses, display names, usernames, social links, or bios associated with any of the foregoing); and/or 6) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm ULend.Me or Users of the Platform or expose them to liability. Additionally, you agree not to: 1) Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platform, including their ability to engage in real-time activities through the Platform; 2) Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform; 3) Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent; 4) Use any device, software or routine that interferes with the proper working of the Platform. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful; 5) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform; 6) Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack; and/or 7) Otherwise attempt to interfere with the proper working of the Platform.

57. TRANSACTION CHARGES, AUTHORIZATIONS, CARDHOLDER AND/OR BANK ACCOUNT HOLDER LIABILITY, DISPUTES, AND COLLECTIONS

Once a Renter agrees to rent a Listing, or a Buyer agrees to purchase a Listing on ULend.Me, we process payment from the Renter or Buyer and remit payment to the Owner or Seller of the Listing. We may use third-party payment providers to process transactions. By using the Platform, you agree to pay us and receive payment through our payment providers (such as Stripe and PayPal) to process transactions. By using the Service, you agree to pay us and receive payment through our payment providers, and you agree to the terms and conditions and privacy policies of our third-party providers.

By providing ULend.Me with payment credentials and billing information, you authorize ULend.Me and any third-party payment processors and/or service providers that we may use, to store your payment credentials (whether it is a personal or business account) and billing information for future use by you, and for future charges for any unpaid balances, you may owe to an Owner, a Seller, and/or ULend.Me.

By providing ULend.Me with payment credentials (whether it is a personal or business account) and billing information for a third-party cardholder and/or bank account holder, you and the third-party cardholder and/or bank account holder agree that the third-party cardholder and/or bank account holder has authorized ULend.Me and any third-party payment processors and/or service providers that we may use, to store the third-party cardholder and/or bank account holder’s payment credentials and billing information for future use by you and the third-party cardholder and/or bank account holder, and for future charges for any unpaid balances you or the third-party cardholder and/or bank account holder may owe to an Owner, a Seller, and/or ULend.Me . You and the third-party cardholder and/or bank account holder agree that you and the third-party cardholder and/or bank account holder are jointly and severally liable for any unpaid balances you may owe to an Owner, a Seller, and/or ULend.Me.

You authorize ULend.Me, or you and the third-party cardholder and/or bank account holder agree that the third-party cardholder and/or bank account holder has authorized ULend.Me, to use stored payment credentials and billing information for any unpaid balances of Transaction Costs that include, but are not limited to, rental fees, transaction fees, Service Fees (Owner service fees), Community Fees (Renter service fees), Owner Profits (Owner profits after Service Fees are collected by ULend.Me), Listing fees, insurance fees, Loss Damage Waiver (‘Damage Only’ and ‘Damage + Theft’) costs, deductibles, security deposits, any amounts owed by the you or the third-party cardholder and/or bank account holder to an Owner, a Seller, and/or ULend.Me, and/or amounts that you or the third-party cardholder and/or bank account holder have reported as a chargeback or disputed charge (where the cardholder and/or bank account holder’s bank disputes a charge to our payment processor on behalf of the cardholder and/or bank account holder) and any associated chargeback or disputed charge fees.

If you opt to make an Automated Clearing House (ACH) payment, you agree to authorize ULend.Me, LLC to electronically debit my account and, if necessary, electronically credit my account to correct erroneous debits. Please print the authorization and retain a hard copy or electronic copy for your records.

You may authorize a third party to use your ULend.Me Account in accordance with this Agreement. You acknowledge and agree that anyone you authorize to use your ULend.Me Account may use stored payment credentials and billing information on your behalf and that you will be responsible for any payments made by such person.

ULend.Me will pursue all available methods available under law to collect unpaid balances. We may also engage collection agencies and legal counsel to collect unpaid balances and any applicable late payment fees. ULend.Me, and any collection agencies that we engage, may report unpaid balances and any related ULend.Me Account information to credit bureaus to be reflected in your credit report.

If ULend.Me receives a cardholder and/or bank account holder dispute or chargeback for any charges that are owed by you from your use of the Platform, you agree to immediately remit payment to ULend.Me for the disputed charge amount and a $35.00 dispute fee for each disputed charge. ULend.Me will respond to any disputes with any information that indicates that the charge was authorized by you or a third-party cardholder and/or bank account holder.

As an Owner or Seller, you understand and agree that if ULend.Me is unable to collect any Transaction Costs and funds related to a Listing rental or purchase, including disputed charges, from the Renter or Buyer, you will refund any Owner or Seller profits or funds that were transferred to you, or the bank account added on your ULend.Me Account, directly to ULend.Me immediately. You also agree and authorize ULend.Me to withdraw funds from the bank account added on your ULend.Me Account, if necessary to reimburse ULend.Me for any Transaction Costs and funds related to a Listing rental or purchase that ULend.Me is unable to collect from the Renter or Buyer.

You agree that all communication, including but not limited to communication from ULend.Me, a collection agency, or legal counsel, regarding unpaid balances, delinquent accounts, and amounts owed to other Users may be made by contacting you via the email address (electronic mail) or phone number you provided on your ULend.Me account. In some cases, communication regarding unpaid balances, delinquent accounts, and amounts owed to other Users or ULend.Me may be made by mailing a letter to the address you provided on your ULend.Me account. You may dispute the information that ULend.Me reports to a credit bureau by contacting legal@ulend.me, or you may contact the collections agency directly if they made a report to a credit bureau.

57. USE OF STRIPE/PAYPAL FOR PAYMENT PROCESSING

Once a Renter If you choose to make or accept payments, you agree to pay the relevant service fees. ULend.Me reserves the right to change the service fees from time to time.

Making or accepting payment requires you to maintain an account with ULend.Me’s payment processor (“Payment Provider”). ULend.Me uses Stripe, Inc. (“Stripe”) and PayPal, Inc. (“PayPal”), payment processing services, as its Payment Providers. If you wish to use these features, you must enroll for the service through Stripe and PayPal. By enrolling, you enter into an agreement with Stripe and PayPal subject to the terms of the Stripe and PayPal Account Agreements, which includes the Stripe and PayPal Terms of Service. ULend.Me is not a party to the Stripe and PayPal Services Agreement and is not responsible for the payment services provided by Stripe and PayPal. If Stripe of PayPal discontinues providing services in connection with making or accepting payments through the Platform, you authorize Stripe and PayPal to share your payment method information with an alternative Payment Provider.

ULend.Me, in its sole discretion, may from time to time impose limits on your ability to make and/or receive payments through the Platform. Additionally, the Payment Provider may impose its own limits on your use of making or accepting payments on the Platform. THE PAYMENT PROVIDER MUST ACCEPT YOUR APPLICATION TO ACCEPT PAYMENTS BEFORE YOU CAN RECEIVE RENTAL OR SALE PROCEEDS VIA THE PLATFORM. IF THE PAYMENT PROVIDER REJECTS YOUR APPLICATION OR YOU FAIL TO SET UP A PAYMENT PROVIDER ACCOUNT WITHIN 90 DAYS AFTER COMPLETION OF A RENTAL OR SALE PROCESSED THROUGH THE PLATFORM, THEN THE PAYMENT PROVIDER MAY DISABLE OR LIMIT YOUR ABILITY TO RECEIVE RENTAL OR SALE PROCEEDS.

YOUR RIGHT AND/OR ABILITY TO RECEIVE SALES PROCEEDS VIA THE PLATFORM MAY BE REVOKED, DISABLED, OR LIMITED IF THE PURCHASE OR SALE VIOLATES ANY OF THESE TERMS.

The buyer’s payment, minus any applicable ULend.Me fees, will be released to the seller typically 3 to 5 business days after a rental has been completed or a purchase has been delivered to the Buyer, provided that no issues or incidents are reported to ULend.Me. Issues or incidents may result in delay and/or cancellation of payment being released. Owners and Sellers authorize the Payment Provider to pay ULend.Me from Owner’s or Seller’s account any fees incurred by the Owner or Seller from using the Platform.

58. USER CONTRIBUTIONS

The Platform may contain Listings, User Profiles, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, blogs, comment sections, social media features, and other interactive features (collectively, “Interactive Platform”) that allow Users to post, submit, publish, display or transmit to other Users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Platform. All User Contributions must comply with the Content Standards set out in the Terms. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that: 1) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; 2) All of your User Contributions do and will comply with the Terms; and 3) You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not ULend.Me, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other User of the Platform.

59. USER LIABILITY

YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL LAWS, RULES, REGULATIONS, AND TAX OBLIGATIONS THAT MAY APPLY TO YOUR USE OF THE SITE, SERVICES AND CONTENT.

 

In connection with your use of our Site and Services, you may not and you agree that you will not:

• violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
• use manual or automated software, devices, scripts robots, other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other services contained in the Site, Services or Content;
• use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;
• copy, store or otherwise access any information contained on the Site, Services or Content for purposes not expressly permitted by these Terms;
• infringe the rights of any person or entity, including without limitation, its intellectual property, privacy, publicity or contractual rights;
• interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without its permission, personal contact information or credit, debit, calling card or account numbers;
• use our Site or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements;
• “stalk” or harass any other user of our Site, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a ULend.Me Renter or Host;
• offer, as a Host, any Space that you do not yourself own or have permission to rent (without limiting the foregoing, you will not list Space as a Host if you are serving in the capacity of a rental agent or listing agent for a third party);
• offer, as a Host, any accommodation that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;
• register for more than one ULend.Me Account or register for a ULend.Me Account on behalf of an individual other than yourself;
• contact a Host for any purpose other than asking a question related to a Booking, such Host’s Space or Listings;
• contact a Renter for any purpose other than asking a question related to a Booking or such Renter’s use of the Site and/or Services;
• when acting as a Renter or otherwise, recruit or otherwise solicit any Host or other Member to join third party services or websites that are competitive to ULend.Me, without ULend.Me’s prior written approval;
• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
• use automated scripts to collect information or otherwise interact with the Site or Services;
• use the Site and Services to find a Host or Renter and then complete a Booking of a Space transaction independent of the Site or Services in order to circumvent the obligation to pay any Service Fees and Processing Fees related to ULend.Me’s provision of the Services;
• as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;
• post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
• systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
• use, display, mirror or frame the Site, or any individual element within the Site or Services, ULend.Me’s name, logo or other proprietary information, or the layout and design of any page or form contained on a page, without ULend.Me’s express written consent;
• access, tamper with, or use non-public areas of the Site ULend.Me’s computer systems, or the technical delivery systems of ULend.Me’s providers;
• attempt to probe, scan, or test the vulnerability of any ULend.Me system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by ULend.Me or any of ULend.Me’s providers or any other third party (including another user) to protect the Site, Services or Collective Content;
• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, App, Services or Collective Content to send altered, deceptive or false source-identifying information;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.

60. WAIVER AND SEVERABILITY

No waiver of by ULend.Me of any term or condition set forth in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ULend.Me to assert a right or provision under the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

61. WARRANTIES AND LIMITATION OF LIABILITY (OR THE THINGS YOU CAN SUE US FOR) 

Disputes Between Renters and Owners. Except as explicitly stated here or as otherwise explicitly agreed in writing, we’re not a party to any Rental Contract between Renters and Owners. We serve only as a limited agent and facilitator by offering a digital communications platform through which Users can execute Rentals. You understand that we do not create, manufacture, store, or inspect any of the Gear rented through our Service. We cannot and do not make any warranties about Gear’s quality, safety, or even their legality. Any legal claim related to Gear you rent must be brought directly against the Owner of the Gear. If you find yourself in a dispute with another user of the Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. You hereby release ULend.Me from any claims, demands, and damages arising out of disputes with other Users or third parties.

Warranties.

YOU UNDERSTAND AND AGREE THAT WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ULEND.ME, GEAR RENTED THROUGH ULEND.ME, OR ANY OTHER SOFTWARE REFERENCED IN THIS AGREEMENT, ALL OF WHICH ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, COMPLETENESS, SECURITY, COMPATIBILITY, RELIABILITY, OR OTHERWISE, WITH RESPECT TO ALL SUCH SOFTWARE.

OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF (THE “ULEND.ME PARTIES”) DO NOT WARRANT THAT ULEND.ME WILL BE ERROR-FREE OR THAT DEFECTS WITH ULEND.ME WILL BE CORRECTED. MOREOVER, YOU EXPRESSLY AGREE THAT YOUR USE OF ULEND.ME AND ANY THIRD-PARTY SOFTWARE ON ULEND.ME IS AT YOUR OWN RISK.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF ULEND.ME, INCLUDING, BUT NOT LIMITED TO, ANY OWNERS OR RENTERS. YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF ULEND.ME. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF ULEND.ME OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF ULEND.ME. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF ULEND.ME AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OWNERS OR RENTERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY US.

BECAUSE WE ARE NOT INVOLVED IN THE ACTUAL CONTACT BETWEEN USERS OR IN THE CONSUMMATION OF RENTALS, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE US (AND OUR OFFICERS, DIRECTORS, AGENTS, INVESTORS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. WE EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS.

WE EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY OWNER, RENTER, OR OTHER THIRD PARTY.

SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

Limitation of Liability.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF ULend.Me, ITS RENTAL LISTINGS, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE SERVICES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. THE ULEND.ME PARTIES WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY RENTAL CONTRACT, FROM THE USE OF OR INABILITY TO USE THE SERVICES, FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF ULEND.ME, OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF ULEND.ME OR FROM ITS RENTAL LISTINGS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT AND YOUR USE OF ULEND.ME, INCLUDING, BUT NOT LIMITED TO, FROM ITS RENTAL LISTINGS OR FROM THE USE OF OR INABILITY TO USE ULEND.ME OR IN CONNECTION WITH ANY INTERACTIONS WITH ANY OTHER USERS OF ULend.Me, EXCEED THE LOWER OF: (1) AMOUNTS YOU HAVE PAID OR OWE FOR YOUR RENTALS IN THE ONE (1) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; OR (2) $200. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY.

62. YOUR ACCOUNT WITH ULEND.ME

You don’t need to create an account on ULend.Me in order to browse for Rentals. However, you’ll need to create an account with ULend.Me in order to enter into any Rental Contract. To create an account, you will need to provide us with your first and last name, email address, a password and other information. Here are a few common sense rules and acknowledgements that we ask you comply with and understand when you create an account:

Be honest with us. Provide accurate information about yourself. It’s not OK to use false information or to impersonate another person or company through your account.

You’re responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people (e.g., if you’re renting Gear as a collective), then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Your accounts are not transferable. You are solely responsible for any activity on your account, so it’s important to keep your account password secure.

Be clear about our relationship. Except as explicitly stated in this Agreement, creating an account with ULend.Me or using our Service does not create an agency, partnership, joint venture, employment, or franchisee relationship with us. No confidential, fiduciary, contractually implied, or other relationship is created with us other than pursuant to these Terms.

Passwords. You’re responsible for safeguarding the password that you use to access ULend.Me and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot, and will not, be liable for any loss or damage arising from your failure to comply with the above.

Please contact admin@ulend.me to answer any questions you have about registering an account with ULend.Me.

63. YOUR RELATIONSHIP WITH US

Except as otherwise set forth hereunder, nothing in this Agreement shall be deemed to constitute, create, give effect to, or otherwise recognize a partnership, franchise, agency, joint venture, or formal business entity of any kind or create a fiduciary or similar relationship with us.

64. YOUR USE OF OUR SERVICE

ULend.Me is provided for your personal use only. You are responsible for all of your activity in connection with ULend.Me and for any use of your ULend.Me account. We grant you a limited, non-exclusive, non-transferable, and revocable license to use ULend.Me, subject to your good behavior and your adherence to the terms of this Agreement. If you use the Service, we ask that you abide by basic common sense ground rules – specifically:

Don’t Use Our Service to Break the Law. You agree that you will not violate any laws or regulations when using ULend.Me. This includes any local, provincial, state, federal, national, and international laws or regulations that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your Gear requires; you may not rent or offer for rental anything that violates any laws; and don’t commit fraud, theft, or any other crimes against ULend.Me, another ULend.Me user, or a third party.

Respect the Rights of Others. Don’t engage in any harassing, intimidating, or predatory behavior, or stalk any other User or contact a User for any purposes other than to ask a question related to a Rental Contract or a Rental. Don’t upload any Content that violates the rights of any third parties, including but not limited to copyright, trademark, statutory, and other proprietary rights.

Pay Your Bills. You are responsible for paying all fees that you owe to ULend.Me. You are also solely responsible for collecting and paying any applicable taxes (i.e. value added taxes) for any purchases or sales you make through our Service.

Don’t Steal from Us. You agree not to “crawl,” “scrape,” “spider,” decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code, data, or underlying ideas or algorithms of any part of ULend.Me, except to the limited extent applicable laws specifically prohibit such restriction.

Don’t Steal from Each Other. ULend.Me is, at its core, a community of people that is largely built on trust. Please be good to each other. If you are a Renter, you agree that you will not willfully fail to return any equipment you rent from any Owner on ULend.Me.

Don’t Try to Harm Our Systems. Don’t Try to Harm Our Systems. You agree not to distribute any virus, worm, Trojan horse, or other harmful computer code through the Service.

Respect Our Intellectual Property. The name “ULend.Me” and any graphic elements, design elements, presentations, phrases, designs, logos, layout, and source code of ULend.Me are owned by us and are protected by copyright, trademark, and other laws.

Respect Our Service. Do not take any action that: imposes or may impose an unreasonable or disproportionately large burden or load on ULend.Me’s infrastructure; interferes or attempts to interfere with the proper working of ULend.Me or any activities conducted using ULend.Me; circumvents any security-related features of ULend.Me; builds, or authorizes another party to build, a competitive product to ULend.Me; recruits or otherwise solicits any user of ULend.Me to join third-party services or websites that are competitive to ULend.Me; or bypasses any measures we may use to prevent or restrict access to ULend.Me.

Provide Us with Feedback. Your feedback can help us improve your experience and our Service. Any unsolicited ideas or other materials you submit to ULend.Me (not including your Content or items you offer for Rental through our Service) are considered non-confidential and nonproprietary to you. You grant us a nonexclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation, credit, or acknowledgement.

 

65. YOUR QUESTIONS AND COMMENTS

We welcome comments, questions, concerns, or suggestions. Please contact us at: admin@ulend.me.

Effective Date: June 1, 2022.

We know that Terms can be long. Thanks for making it to the end!