The Borrowing Club offers you access to this Web site, owned and operated by The Borrowing Club, based strictly on the terms contained in this Agreement. By using our website, you are accepting and agreeing to be bound by each of the terms contained in this Agreement.
The Borrowing Club may modify this Agreement at any time. Amended terms are effective upon being posted. You should, therefore, review this Agreement from time to time. Your access and use of this web site after the effective date of amended terms means that you have accepted the amended terms. This Agreement cannot be otherwise amended except in a writing signed by both you and The Borrowing Club
I. COPYRIGHT & TRADEMARKS:
All of the content included on this web site, including the text, graphics, logos, icons, screens and configurations, is the property of The Borrowing Club or its licensors and is protected by U.S. and international copyright and trademark laws. The designs featured on the TheBorrowingClub.com website are representative samples of capabilities; some of these logos were created while on assignment with other employers. All software used on this web site is the property of The Borrowing Club or its software suppliers and is also protected by U.S. and International copyright laws. You do not acquire any ownership rights by printing, downloading or screen capturing any information or using this web site. Any use of the content, designs, or software on this web site other than for the services provided, including reproducing, modifying, distributing, transmitting, replicating or public exhibition is strictly prohibited.
II. ORDERING INFORMATION:
By placing an order through this web site, you represent and warrant that you are 18 years of age or older and that all the information you are providing, including your e-mail address, is accurate, current and complete. Your order is not final until it has been accepted by The Borrowing Club through an e-mail acceptance notice to your e-mail address. It is your sole responsibility (and not The Borrowing Club’s) to pay any applicable taxes that may arise from your order.
IV. PROHIBITED ACTIVITIES:
This web site provides you an opportunity to provide feedback and share your ideas. A. You may not place any content on this Web site that, in The Borrowing Club’s sole determination, is:
B. You may not use this web site for any commercial or political advertisements, solicitations or promotions.
C. You may not upload any destructive programs such as viruses and/or self-replicating code or take any other actions to harm this web site.
D. You may not send unsolicited e-mail messages, including junk mail and chain letters, to any other user of this web site.
As a convenience, this web site may contain links to other Internet sites that are owned and operated by third parties. By offering you these links, The Borrowing Club is not endorsing any of the other sites and The Borrowing Club has no responsibility for the content of third party sites. You access linked sites at your own risk.
VI. EXPORT RESTRICTIONS:
United States export laws and regulations restrict the exportation and/or re-exportation, through downloading or otherwise, into certain embargoed countries, including Cuba, Iraq, Libya, North Korea, Iran and Syria. By downloading from this web site, you are representing that you are not located in any of the prohibited countries.
THIS WEB SITE IS PROVIDED BY THE BORROWING CLUB ON AN “AS IS” BASIS AND THE USE OF THIS WEB SITE IS ENTIRELY AT YOUR OWN RISK. The Borrowing Club MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THE STATUTORY WARRANTY AGAINST NON-INFRINGEMENT. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY WEB SITE OR ITS EMPLOYEES OR REPRESENTATIVES, WILL CREATE A WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. This Section shall survive any termination of this Agreement.
VII. LIMITATION OF LIABILITY:
NEITHER THE BORROWING CLUB NOR ANY OF ITS REPRESENTATIVES, AFFILIATES, LICENSORS OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICES OR TRANSACTIONS THROUGH THIS WEB SITE OR THE INABILITY TO GAIN ACCESS TO THIS WEB SITE. YOU AGREE THAT, IN NO EVENT SHALL The Borrowing Club OR ITS OFFICERS, DIRECTORS, OWNERS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, LICENSORS OR AFFILIATES BE LIABLE, AND YOU RELEASES ALL SUCH PERSONS FROM ANY LIABILITY, DIRECTLY OR INDIRECTLY, TO YOU FOR ANY LOSS, DAMAGE, LIABILITY OR EXPENSE ARISING OUT OF OR RELATED TO THE USE OF THIS WEB SITE OR THE USE OF THE SERVICES THROUGH THIS WEB SITE REGARDLESS OF WHETHER SUCH LOSS, DAMAGE, LIABILITY OR EXPENSE RESULTS DIRECTLY OR INDIRECTLY FROM WEB SITE NEGLIGENCE. IN ANY EVENT, WEB SITE’S LIABILITY TO YOU IS LIMITED TO $100.00. This Section shall survive any termination of this Agreement.
You agree to indemnify The Borrowing Club and its officers, directors, owners, independent contractors, employees, agents and affiliates for and from any loss by reason of, in any way relating to, or arising out of: (a) your use of this web site and any violation of any law, rule or regulation arising out of such use; (b) any misuse of information, including email addresses and email content arising out of or relating to your use of this web site; and (c) any violation of this Agreement.
IX. APPLICABLE LAW AND JURISDICTION:
This Agreement shall be construed and governed by the laws of the State of Florida, United States of America and not by the application of choice of law principles or the laws of any other state or country. You agree that the federal and state courts located in Ft. Lauderdale, Florida shall have exclusive jurisdiction and venue over any action brought to enforce the rights and obligations in or arising from this Agreement and each of the parties irrevocably submits to the jurisdiction of such courts.
X. FORCE MAJEURE:
The Borrowing Club will not be liable in any amount for failure to perform under this Agreement if such failure is caused by power outages, Internet outages, communications outages, fire, flood, earthquakes, hurricanes, tornadoes, war, acts of God or the occurrence of any other unforeseen contingency beyond the control of The Borrowing Club.
XI. ENTIRE AGREEMENT; NON-SEVERABILITY:
This Agreement constitutes the entire agreement between you and The Borrowing Club and supersedes all prior agreements and understandings, whether written or oral, with respect to the subject matter of this Agreement. If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable or against public policy, the remainder of this Agreement shall remain in full force and effect and the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the origi- nal intentions of the parties.