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Terms of Service

Updated: March 25, 2018

By using Borrow Modern, you agree to these Terms of Service and are effective as of the date when you first submit a Listing, book or participate in an Reservation, whichever happens first. Thank you for using Borrow Modern! These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Borrow Modern (as defined below) governing your access to and use of the Borrow Modern website, including any subdomains thereof, and any other websites through which Borrow Modern makes the Borrow Modern Services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, “Borrow Modern Services"). The Site, Application and Borrow Modern Services together are hereinafter collectively referred to as the “Borrow Modern Platform”. Our other Policies applicable to your use of the Borrow Modern Platform are incorporated by reference into this Agreement.

When these Terms mention “Borrow Modern,” “we,” “us,” or “our,” it refers to Borrow Modern, Inc., the company you are contracting with.

Our collection and use of personal information in connection with your access to and use of the Borrow Modern Platform is described in our Privacy Policy.

If you have questions about how local laws apply to your Listing(s) on Borrow Modern, you should always seek legal guidance.

Definitions

"Reservation" means a time period in which a Renter is renting one or more of the Lender’s Rental(s).

"Renter" means a Member who books a Reservation via the Borrow Modern platform, or a Member who participates in an Reservation and is not the Lender for such Reservation, or a Renter’s additional renter who also signed up for or participates in the Reservation.

"Lender" means an eligible Member who posts a Listing or makes a Rental(s) available for booking via the Services.

"User" means any person who interacts with, or uses the Borrow Modern platform and or its Services.

"Member" means any person who interacts with, or uses the Borrow Modern platform and or its Services.

"Rental" means a item that is created, submitted, listed or otherwise made available by a Lender for booking via the Services.

"Listing" means a Rental(s) that is created, submitted, listed or otherwise made available by a Lender for booking via the Services.

"Services" means an online platform that allows parties to connect, via the Borrow Modern Site, Application or Services: (i) Renters seeking a Rental can connect with Lenders providing such Rentals; and (ii) Lenders seeking to post a Listing on the Site or Application can connect with independent third party service providers who wish to provide services to Lenders (such as but not limited to professional photographers and videographers). In certain instances the Services may also include an option to receive and/or pickup Rental(s) through delivery services. YOU ACKNOWLEDGE THAT YOUR ABILITY TO RESERVE RENTALS AND/OR DELIVERY SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH BORROW MODERN AS A PROVIDER OF THE RENTAL(S), LOGISTICS OR DELIVERY SERVICES.

Payment Services. While Borrow Modern is not a party to any agreement between a Renter and any Lender, Renter acknowledges and agrees that Borrow Modern may act as the Lender’s payment agent for the purposes of collecting payment for bookings made through the Borrow Modern Website. Renter's provision of financial information to us for purposes of payment is governed by our Privacy Policy.

Eligibility

The Eligibility terms outlined in the TOS apply. In addition, if you are a Lender, you agree that you are only eligible to list a Rental if your Listing complies with the Prohibited Items Guidelines, complies with all applicable law, and meets the Renter’s demand.

Relationship of the Parties

If you create a Listing on Borrow Modern, you understand and agree that your relationship with Borrow Modern is limited to being a Member and an independent, third-party contractor, and not an employee, agent, joint venturer, commercial joint-venturer, or partner of Borrow Modern for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of Borrow Modern. Borrow Modern shall not control, and has no right to control, your Listing or Experience, or any details in connection with any Listing or Experience. You acknowledge and agree that you alone are responsible for any Listing you submit or post and for any offline activities associated with a Reservation.
When Renters and Lenders make, receive, or accept a booking through the Services, they are entering into a contract directly with each other. Borrow Modern is not a party to any transactions between Lenders and Renters.
Lenders alone are responsible for the Rentals they submit, List and provide. Borrow Modern merely provides the Services and is not itself an operator or provider of Rental(s). Borrow Modern does not own, sell, resell, furnish, provide, manage and/or control any such Rental(s). Borrow Modern’s responsibilities are limited to making the Services available through its Site and Application.

No Endorsements

While we think Renters and Lenders will enjoy the use of a Rental(s) provided by Lenders, we do not endorse any Renter, Lender, or Rental. We can’t guarantee or control the accuracy, completeness, quality, safety, suitability, satisfaction or usefulness of any Rental or Listing, nor the conduct of any Lender or Renter or other users of the Services. The decision whether to list, book, host or participate in a Reservation is yours alone, and you do so at your sole risk.

You must comply with your local laws

WHETHER YOU ARE A LENDER OR A RENTER, YOU ALONE ARE RESPONSIBLE FOR IDENTIFYING, UNDERSTANDING AND COMPLYING WITH ALL LAWS THAT APPLY TO YOUR USE OF RENTAL(S). IF YOU’RE A LENDER, PLEASE MAKE SURE YOU READ, UNDERSTAND AND COMPLY WITH ALL THE LAWS THAT APPLY TO YOUR LISTING AND RESERVATION(S) MADE, INCLUDING BUT NOT LIMITED TO ANY TAXES (SUCH AS INCOME, SALES AND USE OR OTHER LOCAL TAXES) THAT YOU MAY HAVE TO PAY ON YOUR EARNINGS. IF YOU’RE A RENTER, PLEASE MAKE SURE YOU READ, UNDERSTAND AND COMPLY WITH ALL THE LAWS THAT APPLY TO YOUR USE OF RENTAL(S) OR RESERVATION(S) MADE, INCLUDING BUT NOT LIMITED TO ANY LICENSING LAWS OR OTHER LAWS GOVERNING EVENTS, ACTIVITIES. FOR EXAMPLE, IN MANY CITIES, RENTERS MAY HAVE TO REGISTER, GET A PERMIT, OR OBTAIN A LICENSE TO SAIL. LENDERS AND RENTERS ARE RESPONSIBLE FOR IDENTIFYING AND OBTAINING ANY REQUIRED LICENSES, PERMITS, OR REGISTRATIONS FOR THE USE OF ANY RENTAL(S) . IF YOU ARE A RENTER, YOUR LENDER MAY ALSO REQUIRE YOU TO SIGN A LIABILITY WAIVER IF YOU CHOOSE TO PARTICIPATE IN CERTAIN ACTIVITIES, LIKE KAYAKING, BIKING, OR SNOWMOBILING. BY OFFERING, BOOKING OR RESERVING RENTAL(S), YOU REPRESENT AND WARRANT TO US THAT YOU UNDERSTAND AND COMPLY WITH ALL LAWS THAT APPLY TO YOUR USE OF THE RENTAL(S). IF YOU ARE A RENTER AND BOOK A RESERVATION ON BEHALF OF YOURSELF PLUS ADDITIONAL RENTERS, YOU REPRESENT AND WARRANT THAT YOUR ADDITIONAL RENTERS (I.E., THE PEOPLE ON WHOSE BEHALF YOU BOOK AND WHOM YOU INTEND TO ALSO USE THE RENTAL(S) ) ALSO REVIEWED AND AGREED TO THESE TERMS BEFORE THEY PARTICIPATE IN THE EXPERIENCE. YOU ALSO REPRESENT AND WARRANT THAT YOU WILL ONLY ALLOW PEOPLE TO USE THE RENTAL(S) IF THOSE INDIVIDUALS ARE INCLUDED AND ACCOUNTED FOR IN YOUR BOOKING.
Renters and Lenders are responsible for understanding and complying with any and all laws and regulations that apply to the use of the Rental(s).

Financial Terms

When Renters and Lenders make, receive or accept a Reservation through the Services, they are contracting only with each other, and Borrow Modern is not a party to that transaction. Payment processing services for Lenders on Borrow Modern are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a Lender on Borrow Modern, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Borrow Modern enabling payment processing services through Stripe, you agree to provide Borrow Modern accurate and complete information about you and your business, and you authorize Borrow Modern to share it and transaction information related to your use of the payment processing services provided by Stripe.
Each Lender agrees that a payment made by a Renter through Borrow Modern Payments shall be considered the same as a payment made directly to the Lender, and that the Lender will make the Rental(s) available to the Guest in the agreed-upon manner as if the Lender has received the payment. Each Lender understands that Borrow Modern accepts payments from Renters as the Lender’s limited payment collection agent and that Borrow Modern’s obligation to pay the Lender is subject to and conditional upon successful receipt of the associated payments from Renters. Borrow Modern does not guarantee payments to Lenders for amounts that have not been successfully received by Borrow Modern from Renters. In accepting appointment as the limited collection agent of the Lender, Borrow Modern assumes no liability for any acts or omissions of the Lender.
Lenders understand and agree that they are responsible for determining any applicable tax reporting requirements and agree to pay any taxes applicable to their Reservation(s).
Borrow Modern charges Lenders service fees for use of the Services (“Service Fees”). These Service Fees may be calculated as either a flat fee for the Reservation or as a percentage of the cost of a Reservation. Service Fees will be displayed to the Lender on the Site or Application. If you are a Lender, you authorize Borrow Modern to deduct Service Fees from the applicable costs for a Reservation. Where applicable, taxes may also be charged in respect to Service Fees. Except as otherwise provided in the Borrow Modern cancellation policy, Service Fees are non-refundable. We reserve the right to modify or charge additional Service Fees at any time, and if we do so, we will give you prior notice via email and/or the Site, Application or Services.
Renters agree to pay applicable Reservation Fees and any applicable taxes for any booking confirmed in connection with their Borrow Modern Account.
You as a Renters acknowledge and agree that, notwithstanding the fact that Borrow Modern is not a party to the agreement between you and the Lender, Borrow Modern acts as the Lender’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Lender. Upon your payment for a Reservation and Reservation related payments (and applicable taxes) to Borrow Modern, your payment obligation to the Lender for the Reservation is extinguished, and Borrow Modern is responsible for remitting the payment (less the Service Fees and applicable taxes), in the manner described in this TOS. In the event that Borrow Modern does not remit any such amounts as described in this TOS, such Lender will have recourse only against such Borrow Modern entity.
Borrow Modern will initiate payment of the Reservation Fees (less the Service Fees) to the Lender in most cases within 78 hours of the following Monday after at least half of the Reservation has completed (except to the extent that a refund is due to the Renter). The time it takes for the Lender to receive payouts may depend upon the Payout Method chosen by the Lender. Some Payout Methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Lender, including by deducting their charges from the payout amount.
In accordance with Borrow Modern’s cancellation policy, each Lender agrees that the Renter may (i) cancel a Reservation and (ii) receive a refund (via Borrow Modern) for that portion of the Reservation Fees in accordance with the Borrow Modern cancellation policy.
If, as a Renter, you wish to cancel a confirmed booking made via the Services, either prior to or after the Reservation begins, the Borrow Modern cancellation policy will apply to such cancellation. Our ability to issue a refund for the Reservation Fees charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are described on the Borrow Modern Site or Application.

Deposits. Renters are responsible for leaving the rental in the same condition it was in before you rented it. Renters acknowledge and agree that you are responsible for all acts and omissions of you and any addition renters using the Rental(s) that effect the condition of the Rental. In the event a Lender claims and provides evidence of damage to the Rental(s), you agree that Borrow Modern shall be entitled to charge a deposit to your credit card to cover the cost of the damage, as established after reasonable investigation. We will notify you of any damage claim made by a Lender related to your Rental(s) and you will have an opportunity to respond, as set forth in such notice. We will only charge a deposit to Renter's credit card after the rental is complete if the Lender has made a claim. Renters will have up to 72 hours to accept or dispute a claim. A renter will then have the option to pay or dispute the claim. If the claimed amount can be fully covered by the deposit, and the renter agrees to pay or is deemed liable to pay for the damages, the amount will be taken directly from the deposit. If the claimed amount exceeds the deposit, the renter will be charged the additional amount in a separate transaction. If a Lender and a Renter are unable to reach an agreement regarding a Claim within 72 hours after a claim is submitted, either party may choose to Involve Borrow Modern to settle the dispute. A Renter may choose to involve a Borrow Modern agent from the details page of the claim (this page can be found by tapping the link in the email sent regarding the claim). A Lender may involve a Borrow Modern agent by tapping their pending claim in from the rental instance details page within the Borrow Modern App. If a Renter or a Lender involve a Borrow Modern agent in a dispute regarding a claim, Borrow Modern will request evidence from both the Renter and the Lender that support their case. Borrow Modern will attempt to resolve a dispute within 72 hours after being involved.

Service Charge for Reservation. We charge a service fee of 10% of the reservation total (i.e., the booking and any additional expenses) for facilitating the rental and this amount will be reflected in the final amount charged to Renter’s credit card. A Lender will receive 90% of the total cost of a Reservation (this service fee does not apply to Delivery prices, Late Fees, Extensions, and excludes Booking Fees). We reserve the right to round up amounts to the nearest whole dollar (for example, $202.60 will be rounded to $203). The service fee and the booking fee constitute "Transaction Fees." Borrow Modern reserves the right to adjust its Transaction Fees at any time. Any Fee changes will be effective the next time you book a rental after such fee change goes into effect (i.e., rentals already booked will be subject to Fees as established at the time of booking).

Service Charge for Delivery. We charge a service fee of 3.4% of the total delivery cost for a reservation. The delivery price is charged in addition to the reservation cost as one transaction. We reserve the right to round up amounts to the nearest whole dollar (for example, $202.60 will be rounded to $203).

Service Charge for Late Fees. We charge a service fee of 10% of the total cost of a Late Fee (if accepted by a Renter). The late fee price is charged by taking 1.5 times the average hourly rate for the initial reservation duration and multiplying this by the number of hours the Rental(s) were returned after the agreed return-by date. We reserve the right to round up amounts to the nearest whole dollar (for example, $202.60 will be rounded to $203).

Service Charge for Extension. We charge a service fee of 10% of the total cost of an extension. The extension price is charged by taking the average hourly rate for the initial reservation duration, and multiplying this by the number of hours the Renter requested to extend the Reservation. We reserve the right to round up amounts to the nearest whole dollar (for example, $202.60 will be rounded to $203).

Promotions. A Lender may decide to promote a Listing to appear within the initial results in the “Browse” section of the homepage of the Borrow Modern app. Promotions are available for a $2.00 fee and will apply to a listing for 3 days. Promoted listings will appear mixed within the top results of the “Browse Section” on the homepage, and only if the selected location of the Browse results are in close approximation to the Listing. Promoted listings may lose priority to other promoted Listings if they were promoted at a later date.

Booking Fee. We charge a booking fee of $1.10 to the Renter once a Reservation is confirmed. The booking fee and any service fees constitute "Transaction Fees." Borrow Modern reserves the right to adjust its Transaction Fees at any time. Any Fee changes will be effective the next time you book a rental after such fee change goes into effect (i.e., rentals already booked will be subject to Fees as established at the time of booking).

Late Rentals. Borrow Modern allows a 30 minute grace period for all late items. If a Renter returns your items more than 30 minutes after the agreed "return by" time, a Lender may choose to charge a late fee. If a Lender decides to charge a late fee, navigate to the "Help" section for your reservation, and tap the "My item(s) were late or not returned" option. Your renter will be notified of this charge and will be sent an email with details of the charge as well as a link to pay the fee.

Extensions. A Renters has the option to extend a reservation at any time before the initial end time for the reservation. Extension’s are charged by taking the average hourly rate for the initial reservation duration, and multiplying this by the number of hours the Renter requested to extend the Reservation

Refund Policy. If a Renter makes a complaint, then Borrow Modern will gather more information from both the Renter and the Lender and act as the mediator. If deemed appropriate Borrow Modern will debit the host’s account on the next reservation that is successfully completed through Borrow Modern.

Requests. A Renter may post a Request for Rentals, where a Lender may then respond with an offer to lend their Rental(s) for a price. Rentals requested by a Renter must comply with Borrow Moderns Prohibited Items Guidelines.

Delivery. A Lender may offer a delivery option where a Renter may choose receive and/or return Rental(s) through delivery services. YOU ACKNOWLEDGE THAT YOUR ABILITY TO RESERVE RENTALS AND/OR DELIVERY SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH BORROW MODERN AS A PROVIDER OF THE RENTAL(S), LOGISTICS OR DELIVERY SERVICES.

The following scenarios are subject to refund:

If you believe you meet one of these exceptions, cancel the reservation within 1 hour after its start time, and email us at help@borrowmodern.com as soon as possible.

Chargeback Policy. If Renter disagrees with any charges, before any dispute is logged with Renter’s credit card company, Renter shall provide Borrow Modern with a detailed written explanation of such disputed sum within fourteen (14) days of the charge, and the parties shall engage in a discussion related to same. FAILURE TO TIMELY PROVIDE NOTICE OF SAID DISPUTE VOIDS ANY CLAIM OR DISPUTE. At Borrow Modern’s request, Renter shall provide any additional written explanation or details and/or supporting documentation, in the format desired by Borrow Modern. RENTER SHALL NOT DISPUTE VALID CHARGES ASSESSED IN ACCORDANCE WITH THESE TERMS OF USE. Member understands and acknowledges that Borrow Modern acts merely as a conduit for reservations and payments between Renters and Lenders, and Lender assumes all rental payment risk. IF A RENTER OBTAINS A CREDIT CARD CHARGEBACK AGAINST BORROW MODERN, FOR ANY REASON, AND BORROW MODERN HAS ALREADY PAID ALL OR A PORTION OF SUCH AMOUNT TO LENDER, THEN LENDER SHALL IMMEDIATELY (WITHIN FIVE (5) DAYS UPON RECEIVING WRITTEN DEMAND FOR SAME) RETURN TO LENDER ALL SUCH AMOUNTS. Use of Application. The content and information on Borrow Modern’s Application (this “Application”) (including, but not limited to, price and availability of rentals listed in any inventory database), as well as the infrastructure used to provide such content and information, is proprietary to Borrow Modern, its licensors, its suppliers and providers. While you may make limited copies of your booking documents (and related documents) for rentals booked through this Application, you agree not to and you have no right to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, content, products, or services obtained from or through this Application. Additionally, you agree not to:

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH BORROW MODERN AND OTHER PARTIES ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Borrow Modern and any other related party on an individual basis in arbitration, as set forth below. This will preclude you from bringing any class, collective, or representative action against Borrow Modern, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Borrow Modern by someone else.

Opt-out of Agreement to Arbitrate.You can decline this agreement to arbitrate by emailing help@borrowmodern.com and saying “I opt out of arbitration” in the email within 30 days of first registering your account.
You and Borrow Modern agree that any dispute, claim or controversy arising out of or relating to this agreement whether between you and Borrow Modern or between you and other Users, or the existence, breach, termination, enforcement, interpretation or validity thereof, (including the validity of this arbitration clause) shall be settled by binding arbitration administered 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.
You consent to electronic service of process, with service to be made to the email address we have on record for your account.
You acknowledge and agree that you and Borrow Modern are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Borrow Modern otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Borrow Modern each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
You agree that any and all communications and evidence related to any dispute ultimately resolved by arbitration or mediation with FairClaims 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 Borrow Modern or which would reasonably be expected to lead to unwanted or unfavorable publicity to and of the parties, Borrow Modern 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 Borrow Modern.
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.
Notwithstanding any choice of law or other provision in this agreement parties agree and acknowledge that this arbitration clause evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and FairClaims Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and FairClaims
Rules are found to not apply to any issue that arises under this arbitration clause or the enforcement thereof, then that issue shall be resolved under the laws of the state of Colorado.

Identity Verification

User verification on the Internet is difficult and we cannot, and do not, assume any responsibility for the confirmation of each Renter or Lender’s purported identity. Notwithstanding the foregoing, you agree that you will provide us or the Lender with whom you book a rental whatever proof of identity we may reasonably request. You agree to (i) keep your password for both your Borrow Modern account and your email account secure and strictly confidential, (ii) notify us immediately and select a new password if you believe your password for either your Borrow Modern account or your email account may have become known to an unauthorized person, and (iii) notify us immediately if you are contacted by anyone requesting your online ID and password. We discourage you from giving anyone access to your password for your Borrow Modern account and your email account. However, if you do give someone your online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your Borrow Modern account or your email account, even those transactions that are fraudulent or that you did not intend or want performed.

Proprietary Materials

The Services contain proprietary materials such as logos, text, software, photos, video, graphics, music and sound. Borrow Modern is the owner or licensee of all such proprietary material and all intellectual property rights therein, including without limitation, copyrights and trademarks. In using the Services, you agree not to upload, download, distribute, or reproduce in any way any such proprietary materials without obtaining Borrow Modern’s prior consent, except you may make limited copies of your booking documents (and related documents) for rentals booked through the website or application.

User Conduct

To help our Members have good Reservation(s), Lenders and Renters agree to the following terms of conduct, in addition to those contained in these TOS:

If, in our sole discretion, we think that (a) you’re using the Services in a way that is inappropriate, offensive, fraudulent, or unsafe; (b) you have provided inaccurate, fraudulent, outdated or incomplete information during the identity verification, Booking or Listing process or thereafter; (c) you have violated applicable laws, regulations, or third party rights; or (d) you have violated these TOS, we may suspend your use of the Services or Borrow Modern as described in the Suspension, Termination and Borrow Modern Account Cancellation Section below, and may take appropriate legal action.

Disclaimers

IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO VOLUNTARILY AND AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BORROW MODERN EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SAFETY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, TAX-EXEMPT STATUS OR TAX DEDUCTIBILITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OR TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE THAT YOU HAVE HAD WHATEVER OPPORTUNITY YOU DEEM NECESSARY TO INVESTIGATE THE USE OF THE RENTAL(S) OR DETAILS OF THE RESERVATION, LAWS, RULES OR REGULATIONS THAT MAY BE APPLICABLE TO THE RESERVATION YOU ARE OFFERING AND/OR RECEIVING AND THAT YOU ARE NOT RELYING UPON ANY STATEMENT OF LAW OR FACT MADE BY BORROW MODERN RELATING TO YOUR RESERVATION.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS THROUGH, AND INTERACTIONS ARRANGED THROUGH, THE SERVICES. YOU UNDERSTAND THAT BORROW MODERN DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES AND HAS NO OBLIGATION TO REVIEW ANY LISTINGS, RESERVATIONS, LENDERS, RENTERS, OR THIRD PARTIES WITH WHOM YOU MAY INTERACT DURING AN RESERVATION. BORROW MODERN MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR OF QUALITY AND SAFETY OF THE RENTAL(S). NOTWITHSTANDING BORROW MODERN’S APPOINTMENT AS THE COLLECTION AGENT OF THE THIRD PARTY HOST FOR THE LIMITED PURPOSE OF COLLECTING PAYMENTS FROM RENTERS ON BEHALF OF LENDERS, BORROW MODERN EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY RENTERS, LENDER, OR RELATED TO ANY RESERVATION, RENTAL, LISTING OR BOOKING.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, YOUR PARTICIPATION IN A RESERVATION, YOUR USE OF A RENTAL(S), AND ANY CONTACT YOU HAVE WITH RENTERS, LENDERS OR THIRD PARTIES THAT ARISE FROM YOUR USE OF THE SERVICES WHETHER IN PERSON OR ONLINE.
YOU UNDERSTAND AND AGREE THAT SOME EXPERIENCES MAY CARRY INHERENT RISK, AND BY PARTICIPATING IN THOSE EXPERIENCES, YOU CHOOSE TO ASSUME THOSE RISKS VOLUNTARILY. FOR EXAMPLE, THE USE OF SOME RENTALS MAY CARRY RISK OF ILLNESS, BODILY INJURY, DISABILITY, OR DEATH, AND YOU FREELY AND WILLFULLY ASSUME THOSE RISKS BY CHOOSING TO USE THE RENTAL(S). YOU ASSUME FULL RESPONSIBILITY FOR THE CHOICES YOU MADE BEFORE, DURING AND AFTER YOUR PARTICIPATION IN A RESERVATION AND USE OF THE RENTAL(S), AND TO THE MAXIMUM EXTENT PERMITTED BY LAW YOU RELEASE BORROW MODERN FROM ANY AND ALL LIABILITY, DAMAGES, OR LOSS, WHETHER ECONOMIC OR NON-ECONOMIC, OF ANY TYPE OR CHARACTER. YOU ACKNOWLEDGE THAT BORROW MODERN IS NOT RESPONSIBLE FOR THE RESERVATION AND RENTAL(S) PROVIDED BY LENDERS, AND THAT IT HAS NO RIGHT TO AND DOES NOT CONTROL, DIRECT, OR SUPERVISE LENDERS, RENTERS OR THIRD PARTIES WHO MAY BE IN ATTENDANCE DURING A RESERVATION. BORROW MODERN DOES NOT CREATE OR DELIVER RESERVATIONS, RENTALS, OR LISTINGS. TO THE MAXIMUM EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY DAMAGE ARISING OUT OF OR IN CONNECTION WITH RESERVATIONS, USE OF RENTAL(S), LISTINGS OR YOUR PARTICIPATION IN ANY RESERVATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
IF YOU ARE BRINGING A MINOR AS AN ADDITIONAL RENTER, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE SUPERVISION OF THAT MINOR THROUGHOUT THE DURATION OF YOUR RESERVATION AND TO THE MAXIMUM EXTENT PERMITTED BY LAW YOU AGREE TO RELEASE AND HOLD HARMLESS BORROW MODERN FROM ALL LIABILITIES AND CLAIMS THAT ARISE IN ANY WAY FROM ANY INJURY, DEATH, LOSS OR HARM THAT OCCURS TO THAT MINOR DURING THE RESERVATION OR IN ANY WAY RELATED TO YOUR RESERVATION.

Limitation of Liability

IN NO EVENT WILL BORROW MODERN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES OR AFFILIATES BE LIABLE TO RENTERS, MEMBERS, OR ANY PARTY FOR:

THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE A RESERVATION TO RENT GOODS BUT YOU AGREE THAT BORROW MODERN HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
Notwithstanding the Terms, if Borrow Modern is held liable, Borrow Modern’s entire aggregate liability under or arising out of these Terms or the Services shall be limited to the greater of (a) the service fees you paid to Borrow Modern in connection with your use of this Website or Application (if any), or (b) One-Hundred Dollars (US$100.00). Some jurisdictions do not allow the exclusion or limitation of certain damages, so in these jurisdictions the above limitations or exclusions may not apply.

Indemnification

You agree to release, indemnify, and hold Borrow Modern 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 your access to or use of the Services, your violation of these terms, or your Listing, booking, or participation in a Reservation.

Severability

If any provision or part of a provision in these terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.

Other Terms

General Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Services.

Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Assignment. This Agreement, the Terms, the Services and any modifications thereto may not be assigned or in any way transferred by you without the prior written consent of Borrow Modern. Borrow Modern may assign this Agreement, the Terms, and any information you provide without your consent, including, without limitation, in connection with a sale of its business, assets, a merger or other similar transaction.

Governing Law. The terms of this Agreement shall be construed in accordance with the substantive laws of the State of Colorado, United States of America, without giving effect to the principles of conflict or choice of law of such state. The original form of this Agreement has been written in English. The parties hereto waive any statute, law, or regulation that might provide an alternative law or forum or might require this Agreement to be written in any language other than English. This Agreement expressly excludes the United Nations Convention on Contracts for the International Sale of Goods.

No Responsibility for Acts of God. Borrow Modern shall not be liable for any delay or failure to perform in connection with any booking, Service or in the performance of any obligation hereunder, if such delay or failure is due to or in any manner caused by acts of God, rebellion, riots, hijacking, insurrection, civil commotion, strikes or labor disputes, fires, floods, laws, regulations, acts, demands or and orders of any government or agency, seizure of the Rental(s) under legal process, adverse weather conditions, inability to obtain fuel, rental damage or loss, lack of essential parts or supplies, mechanical problems, illness or incapacitation of Renter(s), denial of operating or docking approvals if applicable to the use of the Rental(s), clearances or permits by governmental authority, or any other cause which is beyond the control of Borrow modern. Borrow Modern is hereby released by a Member from any claim or demand for any direct or consequential damages arising out of failure to perform as a result of a force majeure event whether or not herein enumerated or other event referenced above.

Entire Agreement. The Terms constitute the entire agreement between you and Borrow Modern with respect to the subject matter covered herein, including use of the Services and any subject matter therein, and supersede all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter.

Termination. Borrow Modern may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate User's use of all or any portion of the Services if you breach the Terms, or at any time or for any reason, at the sole discretion of Borrow Modern.

No Relationship. You agree that no joint venture, partnership, agency or employment relationship exists between you and Borrow Modern as a result of this Agreement, website, or application.

Notice of Claim. You agree that all disputes arising out of the Terms or the use of Borrow Modern’s Services shall be communicated to Borrow Modern by submitting a Claim through the Borrow Modern app within 72 hours from the date of the incident causally related to the dispute and before the start date of any Reservations in which the claimed Rental(s) has been booked following the date of the incident. You hereby waive your right to any claim against Borrow Modern not communicated as provided by this Section.
Any rights not expressly granted herein are reserved by Borrow Modern.

Updates to the Terms and Program

We reserve the right to update, modify or discontinue the Services, including Service Fees, and these TOS, at any time. If we modify theseTOS, we will give you notice and post the modification on the Borrow Modern Site, Application, or Services. By continuing to access or use the Services after the modified TOS becomes effective, you are indicating that you agree to be bound by the updated terms. If the modified terms are not acceptable to you, your recourse is to stop using the Services.

Survival

If you or we terminate these TOS, the clauses of these TOS that reasonably should survive termination of the TOS will remain in effect. When the TOS is terminated, you are not entitled to a restoration of your account (if your account is cancelled) or of the Member Content.

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