Legal

Terms of Service

Terms of Service

Effective date: November 9, 2026

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User”) and ZEEZ VENTURES, LLC, D/B/A BORROWGVL (“BorrowGVL”), governing User’s access to and use of the website and related services operated by BorrowGVL (collectively, the “Marketplace”), through which individuals may list personal property for rent (“Lenders”) and individuals may search for, request, and rent such property (“Borrowers”). Lenders and Borrowers are each referred to as a “User” and collectively as “Users.”

By accessing or using the Marketplace, creating an account, listing an item for rent, or booking an item for rental, each User acknowledges they have read, understood, and agree to be bound by these Terms, together with BorrowGVL’s Privacy Policy (available at www.borrowgvl.com/privacy-policy) and any other policies referenced in these Terms (collectively, the “Agreement”). BorrowGVL’s Privacy Policy describes BorrowGVL’s policies and procedures on the collection, use, and disclosure of Users’ personal information and informs Users about their privacy rights. Users should read the Privacy Policy carefully before accessing or using the Marketplace.

These Terms apply to all access or use of the Marketplace. If any User does not agree to these Terms, the User must not access or use the Marketplace.

Users must be at least 18 years old, reside in the United States, legally capable of forming a binding contract under applicable law to use the Marketplace, and not be subject to any legal prohibition or restriction that would limit Users’ use of the Marketplace. By using the Marketplace, Users represent and warrant they meet these requirements.

The Marketplace is intended for personal, non-commercial use by individual Lenders and Borrowers.

2. Definitions

For the purposes of these Terms:

“Account” means a unique account created by each User to access the Marketplace.

“Content” means any text, images, ratings, reviews, or other information or material posted, uploaded, linked to, submitted, or otherwise made available to the Marketplace by a User, regardless of the form of that content.

“Feedback” means feedback, innovations, or suggestions sent by Users regarding the attributes, performance, or features of the Marketplace.

“Item” means any personal property listed on the Marketplace for rent, including without limitation tools and project equipment, lawn and outdoor equipment, party and event supplies, camera and photography gear, baby and child-care items, and camping and recreation equipment.

“Listing” means a Lender’s posted offer to rent an Item, including the description, photographs, rental price, availability, and rental terms for that Item.

“Lender” means a User who lists one or more Items on the Marketplace for rent to other Users.

“Borrower” means a User who requests, books, or rents an Item through the Marketplace.

“Rental Period” means the dates and times during which a Borrower is authorized to possess and use an Item, as specified in the applicable booking confirmation or subsequent extension as authorized by Lender.

“Rental Agreement” means the binding agreement formed directly between a Lender and a Borrower for a specific rental transaction, incorporating the applicable Listing terms, these Terms, and any BorrowGVL policies referenced herein.

“Security Deposit” means the temporary authorization hold, in the amount set by the Lender in the Listing, placed on a Borrower’s payment card in connection with a booking, as described in Section 14.

“Third-party Social Media Service” means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available through the Marketplace.

“Website” refers to the BorrowGVL website accessible from https://www.borrowgvl.com.

3. User Account Information

To use the Marketplace, Users must register for an account and provide accurate, current, and complete information, including all information requested during registration. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of User’s account and access to the Marketplace.

Users may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than the User without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Each User must verify their identity, including by providing a valid government-issued photo identification, before submitting their first rental request or publishing their first Listing.

To receive payouts, Lenders must complete the onboarding and identity verification required by BorrowGVL’s payment processor, Stripe, including providing bank account details, and must agree to the Stripe Connected Account Agreement.

Before booking an Item for rental, Borrowers may be asked to supply a valid credit card number, applicable security information, the expiration date of the credit card, and their billing address. In so doing, Borrowers represent and warrant that: (i) they have the legal right to use any credit or debit card(s) or other payment method(s) provided; (ii) the information they supplied to BorrowGVL is true, correct, and complete; and (iii) BorrowGVL may store the payment method through its payment processor and charge it for amounts owed under these Terms, including rental extensions, late fees, and amounts captured from a Security Deposit.

Users agree to promptly update their account information to keep it accurate and complete, and to notify BorrowGVL of any unauthorized use of their account.

4. Identity Verification; No Background Check Guarantee

BorrowGVL reviews identification submitted by Users and may display an “ID verified” badge on a User’s profile once that review is complete. BorrowGVL does not conduct background checks. BorrowGVL does not accept any responsibility for the reliability, accuracy, and completeness of any information provided by Users. BorrowGVL does not endorse any User.

BorrowGVL may use third-party services to verify User identity. BORROWGVL DOES NOT GUARANTEE THAT SUCH VERIFICATION IS PERFORMED FOR EVERY USER OR THAT IT WILL DETECT ALL RELEVANT INFORMATION, AND BORROWGVL DISCLAIMS ANY LIABILITY FOR A USER’S RELIANCE ON THE FACT THAT ANOTHER USER HAS BEEN “VERIFIED” OR HAS PASSED A BACKGROUND CHECK. USERS ARE RESPONSIBLE FOR EXERCISING THEIR OWN JUDGMENT WHEN INTERACTING WITH OTHER USERS.

5. Account Credentials and Security

Users are responsible for safeguarding account credentials used to create and access the User’s account and for all activity that occurs under their account. Specifically, Users agree not to disclose their password to any third party. Users must notify BorrowGVL immediately upon becoming aware of any breach of security or unauthorized use of User’s account.

6. Account Termination or Suspension

BorrowGVL may terminate or suspend a User’s account or access to the Marketplace immediately, with or without prior notice, and at BorrowGVL’s sole discretion, including without limitation if BorrowGVL reasonably believes the User has violated these Terms or applicable law, or poses a risk to BorrowGVL, other Users, or third parties. Upon termination, a User’s right to access and use the Marketplace will cease immediately.

If a User wishes to terminate their account, the User may simply discontinue accessing and using the Marketplace or the User may deactivate their account by following the instructions on the Marketplace or by contacting BorrowGVL, subject to completion of any Rental Agreement then in progress and resolution of any outstanding payment, Security Deposit, or claim.

Sections 13, 14, 17, 21 through 27, 29 through 35, and all other provisions that by their nature should survive, will survive termination of a User’s account.

7. Description of the Marketplace; BorrowGVL’s Role

The Marketplace is an online venue that allows Lenders to list Items for rent and allows Borrowers to search for, request, and book those Items. BorrowGVL facilitates the connection between Lenders and Borrowers, processes payments and Security Deposits as described herein, and provides related tools such as messaging, scheduling, ratings, and customer support.

BorrowGVL is not a party to any Rental Agreement formed between a Lender and a Borrower. Each rental transaction is a private agreement solely between the Lender and the Borrower. BorrowGVL does not own, control, inspect, manufacture, deliver, or take possession of any Item, and BorrowGVL is not a rental company, bailee, insurer, or warrantor of any Item.

Although BorrowGVL processes payments, Security Deposits, and payouts as a convenience to Users and to facilitate transactions on the Marketplace, BorrowGVL’s provision of these services does not make BorrowGVL a party to, or a guarantor of the performance of, any Rental Agreement, and does not create any bailment, agency, partnership, joint venture, or employment relationship between BorrowGVL and any User.

BORROWGVL DOES NOT GUARANTEE THE EXISTENCE, QUALITY, SAFETY, LEGALITY, OR FITNESS FOR ANY PURPOSE OF ANY ITEM, THE TRUTH OR ACCURACY OF ANY LISTING, OR THE RELIABILITY OR CONDUCT OF ANY USER. USERS ARE SOLELY RESPONSIBLE FOR EVALUATING WHETHER TO ENTER INTO A RENTAL AGREEMENT WITH ANOTHER USER.

8. Listing Items

Lenders may post Items for listing on the Marketplace. Lenders are responsible for all Content associated with a Listing, including its legality, reliability, and appropriateness. By posting a Listing, Lender grants BorrowGVL the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute all related Content on and through the Marketplace. This license includes the right for BorrowGVL to make a User’s Content available to other Users, who may also use a User’s Content subject to these Terms. You represent and warrant that in posting Items for listing on the Marketplace: (i) the Lender owns the Item or has the legal right to list and rent it; (ii) the User owns the Content or the User has the right to use it and grant BorrowGVL the rights and license as provided in these Terms; (iii) the posting of User’s Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person; and (iv) does not violate Sections 9, 11, 18, or 19 of this Agreement.

9. Listing Content Restrictions

BorrowGVL is not responsible for the Content posted by any User with respect to a Listing or otherwise. Users expressly understand and agree that they are solely responsible for any Listing, related Content, and all activity that occurs under User’s account, whether by User or any third person using User’s account.

User may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity;
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups;
  • Spam, machine, or randomly–generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person;
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights;
  • Impersonating any person or entity including BorrowGVL and its employees or representatives;
  • Violating the privacy of any third person; and/or
  • False information and features.

BorrowGVL reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Listing or associated Content is appropriate and complies with these Terms, and refuse or remove this Listing and associated Content. BorrowGVL further reserves the right to make formatting and edits and change the manner of any Content. BorrowGVL can also limit or revoke access and use of the Marketplace if a User posts objectionable Content. As BorrowGVL cannot control all content posted by Users and/or third parties on the Marketplace, Users agree to access and use the Marketplace at their own risk. Users understand that by accessing and using the Marketplace they may be exposed to content that they may find offensive, indecent, incorrect, or objectionable, and Users agree that under no circumstances will BorrowGVL be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of any User’s Content.

10. Content Backups

Regular backups of Listings and associated Content may be performed; however, BorrowGVL does not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed. But Users acknowledge that BorrowGVL has no liability related to the integrity of Listings and associated Content or the failure to successfully restore Listings and associated Content to a usable state. Users agree to maintain a complete and accurate copy of any Listing and associated Content in a location independent of the Marketplace.

11. Listings and Lender Obligations

By creating a Listing, Lender represents and warrants that:

  • the Lender owns the Item or has the legal right and all necessary authority to list and rent out the Item;
  • the Item is accurately described, including its condition, any defects, and any operating instructions or safety warnings;
  • the Item is safe for its intended use, is in good working order, and is not subject to any manufacturer recall, safety notice, or known defect;
  • the Item, and the Lender’s rental of the Item, complies with all applicable federal, state, and local laws, ordinances, and regulations, including any licensing, permitting, or registration requirements;
  • the Item is not a Prohibited Item under Section 18; and
  • the photographs and description in the Listing fairly and accurately represent the actual Item listed.

Lenders are solely responsible for setting their rental price, availability, and any Listing-specific rules (such as cleaning requirements, usage restrictions, or delivery/pickup logistics), subject to any Marketplace policies established by BorrowGVL.

Lenders are solely responsible for maintaining their Items in safe, working condition throughout the time they are listed and rented, for providing any necessary safety instructions or protective equipment, and for promptly removing or updating a Listing if an Item becomes unavailable, damaged, unsafe, or subject to a recall.

BorrowGVL may, in its sole discretion, remove, suspend, or decline to publish any Listing that it believes violates these Terms or applicable law, or that it believes is otherwise inappropriate for the Marketplace, without liability to the Lender.

12. Booking and Rental Agreements Between Users

A Borrower initiates a rental request through the Marketplace, and a binding Rental Agreement is formed directly between the Lender and the Borrower upon the Lender’s acceptance of the request and BorrowGVL’s confirmation of payment. A request that the Lender does not accept within 24 hours, or before the start of the Rental Period if sooner, expires automatically.

The Rental Agreement incorporates the applicable Listing terms, the Rental Period (including any minimum or maximum length as set by the Lender), the rental price, any Lender-specific rules disclosed in the Listing, and these Terms. Lenders and Borrowers are encouraged to communicate directly through the Marketplace regarding pickup/delivery logistics, Item condition, and any special instructions, and to document Item condition (for example, by photograph) at the start and end of each Rental Period.

Extensions. A Borrower may request to extend a Rental Period through the Marketplace before it ends. If the Lender approves, the additional periods consistent with the existing Rental Period are charged to the Borrower’s payment method at the Listing’s rental price plus the applicable Service Fee, and the extended dates become part of the Rental Period.

BorrowGVL is not obligated to mediate, and has no liability for, the negotiation, formation, performance, or breach of any Rental Agreement, except as expressly set forth in these Terms with respect to payments, Security Deposits, and damage claims.

13. Fees, Payments, and Payouts

Borrowers agree to pay the rental price specified in the Listing, plus BorrowGVL’s service fee (currently eight (8%) percent of the rental price) (the “Service Fee”), and any applicable taxes. The Borrower’s payment method is authorized when the Lender accepts the request and charged when pickup is confirmed. Any Security Deposit is handled as described in Section 14.

All payments are processed through BorrowGVL’s third-party payment processor, Stripe. By using the Marketplace, Users agree to the payment processor’s terms of service and privacy policy, and authorize BorrowGVL and its payment processor to charge the User’s designated payment method for all amounts owed.

Stripe will remit the rental price to the Lender, less BorrowGVL’s commission (currently twenty-five (25%) percent of the rental price, or fifteen (15%) percent of the rental price for bookings in which the rental price exceeds $1,000) (the “Commission”), after the booking closes and, where applicable, any damage claim under Section 17 is resolved. Payouts are made to the Lender’s BorrowGVL account and can be transferred to Stripe-connected account on demand , provided no unresolved dispute or claim is pending.

BorrowGVL reserves the right to change its Service Fees and Commissions prospectively subject to prior notice. BorrowGVL may reduce or waive the Service Fee or Commission for particular Users, offer referral or discount codes, or award BorrowGVL site credit, under terms disclosed with each offer. Site credit is funded by BorrowGVL, may be applied only to transactions on the Marketplace, has no cash value, cannot be transferred or withdrawn, may expire as stated in the offer, and may be revoked for suspected fraud, self-referral, or abuse. Credit applied to a booking does not reduce the amount paid to the Lender.

BorrowGVL is not responsible for any fees charged by a User’s bank or payment provider.

Users are solely responsible for determining and satisfying any tax obligations (including income, sales, and use tax) arising from their use of the Marketplace. BorrowGVL or Stripe Connect, may issue applicable tax reporting forms (for example, IRS Form 1099-K) to Lenders as required by law.

14. Security Deposits

If a Listing requires a Security Deposit, BorrowGVL will place a temporary authorization hold for the amount set by the Lender on the Borrower’s authorized credit card through its payment processor, Stripe at pickup. Some Listings may have no Security Deposit. The temporary authorization hold secures the Borrower’s obligations under the Rental Agreement, including the safe and timely return of the Item.

If an Item is returned on time and in the same condition as at the start of the Rental Period, ordinary wear and tear excepted, BorrowGVL will release the temporary authorization hold when the booking closes. The time a released hold takes to disappear from the Borrower’s statement is controlled by the Borrower’s card issuer.

If a Lender reports damage, loss, theft, or late return, the Lender must submit a claim through the Marketplace within 48 hours after the Item is marked returned, together with supporting documentation such as photographs. If the Lender and Borrower agree on an amount through the Marketplace, BorrowGVL will capture that amount from the Security Deposit and pay it to the Lender. If they cannot agree, BorrowGVL will review the claim and may, in its discretion, capture all or part of the Security Deposit toward the Lender’s documented loss. BorrowGVL will never charge a Borrower more than the Security Deposit for damage, loss, or theft. If no claim is submitted within that period, the Item is treated as returned in acceptable condition. Section 17 governs claims that exceed the Security Deposit.

BorrowGVL’s decision to release, withhold, or apply a Security Deposit is intended solely to facilitate resolution of disputes between Lenders and Borrowers as a convenience to Users. BorrowGVL’s determination does not constitute a legal adjudication of the parties’ rights, does not preclude either party from pursuing any other available remedy, and does not make BorrowGVL an insurer, guarantor, or arbiter of the underlying dispute.

15. Cancellations, Changes, and Refunds

A Borrower may cancel a booking through the Marketplace before pickup. If the Borrower cancels more than 24 hours before the scheduled pickup, the rental price and Service Fee are refunded in full and any Security Deposit hold is released. If the Borrower cancels within 24 hours of the scheduled pickup, the rental price is refunded and any Security Deposit hold is released, but the Service Fee is not refunded.

BorrowGVL reserves the right to cancel or refund a booking, in whole or in part, if: (i) required by law, (ii) fraud or an unauthorized or illegal transaction or trade is suspected, (iii) necessary to resolve a dispute, (iv) necessary to address a safety concern, or (v) an Item is unavailable for reasons outside a Borrower’s control, in each case in BorrowGVL’s reasonable discretion.

Except as described above, the Service Fee is non-refundable unless required by law or, at BorrowGVL’s sole discretion, if BorrowGVL cancels a booking.

16. Item Condition, Delivery/Pickup, and Return

Lenders and Borrowers are solely responsible for arranging the time, place, and method of Item pickup/delivery and return, unless otherwise stated in the Listing.

Borrowers agree to inspect the Item at the start of the Rental Period and to promptly notify the Lender, through the Marketplace, of any pre-existing damage or defect. Failure to do so may result in the Borrower being held responsible for such damage under Section 17.

Borrowers agree to use the Item only for its intended purpose, in accordance with any operating instructions, safety warnings, and Lender-specified rules, and to return the Item to the Lender by the end of the Rental Period in the same condition it was received, ordinary wear and tear excepted.

Late Returns. A return is late if the Item is not returned within 12 hours after the end of the Rental Period. For each late day, BorrowGVL will charge the Borrower’s payment method on file a late fee equal to the greater of 1.5 times the Listing’s daily rental price or the daily rental price plus $5. The Lender receives the late fee less additional Commission. Late fees accrue for no more than 7 days; if the Item has not been returned by then, and if the Rental Period has not been extended, it will be treated as not returned and handled as a claim under Sections 14 and 17. Borrowers can avoid late fees by requesting an extension consistent with Section 12 before the Rental Period ends.

Borrowers are solely responsible for the Item from the time of pickup/delivery until the time it is returned to the Lender and accepted, or treated as accepted under Section 14, including responsibility for loss, theft, or damage occurring during that time, except to the extent caused by a pre-existing defect the Lender failed to disclose.

17. Damage, Loss, and Theft; Claims Between Users

If an Item is lost, stolen, or damaged during a Rental Period, the Borrower agrees to notify the Lender and BorrowGVL promptly, and to cooperate in good faith to resolve the matter, including by filing a police report where appropriate for theft.

A Borrower is financially responsible for the repair or replacement cost (at the Lender’s reasonable election, based on fair market or replacement value) of an Item that is lost, stolen, or damaged during the Borrower’s Rental Period, other than damage resulting solely from a pre-existing defect the Lender failed to disclose or from normal wear and tear.

If the documented cost of loss, theft, or damage exceeds the Security Deposit, or the Listing has no Security Deposit, BorrowGVL will not charge the Borrower for the difference, but the Borrower remains responsible to the Lender for it, and the Lender and Borrower retain all rights to pursue direct claims against each other, including in small claims court, for amounts not recovered through the Marketplace.

BORROWGVL IS NOT A PARTY TO, AND ASSUMES NO LIABILITY FOR, ANY DISPUTE BETWEEN A LENDER AND A BORROWER REGARDING DAMAGE, LOSS, OR THEFT OF AN ITEM. BORROWGVL’S ASSISTANCE IN CLAIMS MAY BE OFFERED SOLELY AS A CONVENIENCE AND DOES NOT OBLIGATE BORROWGVL TO INDEMNIFY, REIMBURSE, OR INSURE EITHER PARTY.

18. Prohibited and Restricted Items

Lenders may not list, and Borrowers may not request, any Item that:

  • is illegal to own, sell, or rent under applicable law;
  • is a firearm, ammunition, explosive, or weapon of any kind;
  • is subject to an unresolved manufacturer or governmental safety recall;
  • requires a license, permit, or certification to operate that the Borrower does not hold, such as certain power equipment, vehicles, or aircraft;
  • is a controlled substance or drug paraphernalia;
  • infringes the intellectual property rights of any third party;
  • is subject to a recall;
  • is expired or past any manufacturer-recommended use period;
  • does not include applicable manufacturer safety information;
  • does not include applicable manufacturer installation information; or
  • poses an unreasonable risk of harm to persons or property, as reasonably determined by BorrowGVL.

Borrowers are solely responsible for independently verifying that any such Item is appropriate, safe, and properly installed or used for its intended purpose, including verifying current recall status through the U.S. Consumer Product Safety Commission or the applicable manufacturer.

BorrowGVL may, at its discretion, maintain and update a list of specific prohibited or restricted item categories, and may remove any Listing that violates this section without notice.

19. User Conduct

Users agree not to:

  • use the Marketplace for any unlawful, fraudulent, or misleading purpose;
  • circumvent the Marketplace to avoid paying applicable fees;
  • harass, threaten, or discriminate against another User in violation of applicable law;
  • post false, inaccurate, or misleading Content;
  • interfere with the operation or security of the Marketplace; or
  • use the Marketplace to collect information about other Users for any purpose unrelated to a legitimate rental transaction.

20. Lender Representations and Warranties

In addition to the representations in Section 11, each Lender represents and warrants that:

  • the Lender has and will maintain any insurance the Lender deems appropriate for the Items the Lender lists (BorrowGVL does not provide insurance covering a Lender’s Items except as expressly stated in a separate written policy);
  • the Lender will comply with all Rental Agreements and these Terms; and
  • the Lender is solely responsible for any tax, licensing, homeowners’ association, landlord consent, or other legal requirement applicable to renting Items.

21. Borrower Representations, Warranties, and Assumption of Risk

Each Borrower represents and warrants that the Borrower will use each rented Item safely, responsibly, in accordance with the Lender’s instructions, and only for its intended purpose, and in compliance with applicable law.

RENTING AND USING ITEMS THROUGH THE MARKETPLACE—INCLUDING BUT NOT LIMITED TO TOOLS AND PROJECT EQUIPMENT, LAWN AND OUTDOOR EQUIPMENT, PARTY AND EVENT SUPPLIES, CAMERA AND PHOTOGRAPHY GEAR, BABY AND CHILD-CARE ITEMS, AND CAMPING AND RECREATION EQUIPMENT—MAY INVOLVE INHERENT RISKS, INCLUDING THE RISK OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE. BY USING THE MARKETPLACE, EACH BORROWER VOLUNTARILY AND KNOWINGLY ASSUMES ALL SUCH RISKS, WHETHER KNOWN OR UNKNOWN, ARISING FROM THE BORROWER’S SELECTION, RECEIPT, USE, OR RETURN OF ANY ITEM, AND FROM THE BORROWER’S INTERACTIONS WITH ANY LENDER OR OTHER USER.

Borrowers are solely responsible for determining whether they possess the skill, knowledge, and, where applicable, the license or certification necessary to safely operate a given Item, and for using any protective or safety equipment recommended by the Lender or the Item’s manufacturer.

22. Release of BorrowGVL

TO THE FULLEST EXTENT PERMITTED BY SOUTH CAROLINA LAW, EACH USER, ON BEHALF OF THEMSELVES AND THEIR HEIRS, EXECUTORS, ADMINISTRATORS, AND ASSIGNS, HEREBY RELEASES, WAIVES, AND FOREVER DISCHARGES BORROWGVL AND ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, AND AFFILIATES (COLLECTIVELY, THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, ARISING OUT OF OR IN ANY WAY CONNECTED TO: (A) ANY ITEM, INCLUDING ITS CONDITION, DEFECTS, SUITABILITY, OR USE; (B) ANY RENTAL AGREEMENT OR INTERACTION BETWEEN USERS, INCLUDING ANY DISPUTE REGARDING DAMAGE, LOSS, THEFT, PAYMENT, OR PERSONAL INJURY; (C) ANY ACT OR OMISSION OF ANY OTHER USER; AND (D) USE OF THE MARKETPLACE GENERALLY — EXCEPT TO THE EXTENT SUCH CLAIMS ARISE DIRECTLY FROM THE RELEASED PARTIES’ OWN GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD, OR TO THE EXTENT SUCH RELEASE IS PROHIBITED BY APPLICABLE LAW.

EACH USER EXPRESSLY WAIVES ANY BENEFIT OF ANY STATUTE OR COMMON LAW PRINCIPLE THAT WOULD OTHERWISE LIMIT A RELEASE TO CLAIMS ACTUALLY KNOWN OR SUSPECTED TO EXIST AT THE TIME OF EXECUTION, AND ACKNOWLEDGES THAT THIS RELEASE IS INTENDED TO INCLUDE, AND DOES INCLUDE, CLAIMS THAT THE USER DOES NOT KNOW OR SUSPECT TO EXIST AT THE TIME THE USER AGREES TO THESE TERMS.

This release is a material inducement for BorrowGVL to make the Marketplace available and does not affect any rights a Lender or Borrower may have directly against another User under a Rental Agreement or applicable law.

23. Insurance

UNLESS BORROWGVL EXPRESSLY STATES OTHERWISE IN WRITING (INCLUDING THROUGH AN OPTIONAL PROTECTION PLAN OFFERED ON THE MARKETPLACE, IF ANY), BORROWGVL DOES NOT PROVIDE INSURANCE COVERING ANY ITEM, ANY USER’S PROPERTY, OR ANY USER’S LIABILITY TO ANOTHER USER OR THIRD PARTY.

Users are strongly encouraged to maintain their own insurance (such as homeowners insurance, commercial property insurance, liability insurance, and/or umbrella) adequate to cover their Items and their potential liability arising from use of the Marketplace. Users should independently confirm with their insurance provider whether any such policies extend to peer-to-peer rental activity applicable to the Marketplace.

24. Indemnification

TO THE FULLEST EXTENT PERMITTED BY LAW, EACH USER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATED TO: (A) THE USER’S LISTING, ITEM, OR RENTAL AGREEMENT; (B) THE USER’S BREACH OF THESE TERMS OR ANY RENTAL AGREEMENT; (C) THE USER’S VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY; OR (D) THE USER’S NEGLIGENT OR WRONGFUL ACTS OR OMISSIONS—IN EACH CASE EXCEPT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF BORROWGVL.

25. Disclaimer of Warranties

THE MARKETPLACE, ALL LISTINGS AND ASSOCIATED CONTENT, AND ALL SERVICES PROVIDED THROUGH IT, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF THE COURSE OF DEALING, PERFORMANCE, USAGE OR TRADE PRACTICE.

BORROWGVL DOES NOT WARRANT THAT THE MARKETPLACE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY ITEM OR USER WILL MEET A USER’S EXPECTATIONS.

BORROWGVL MAKES NO WARRANTY REGARDING, AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR, THE CONDITION, SAFETY, LEGALITY, OR QUALITY OF ANY ITEM OR THE TRUTH, RELIABILITY, OR ACCURACY OF ANY LISTING OR OTHER USER CONTENT WITHIN THE MARKETPLACE.

BORROWGVL DOES NOT WARRANT THAT E-MAILS SENT FROM OR ON BEHALF OF BORROWGVL BY ANY THIRD-PARTY OR ANY EMAILS OR OTHER COMMUNICATIONS BETWEEN LENDERS AND BORROWERS ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to certain Users. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

26. Links to Other Websites

The Marketplace may contain links to third-party websites or services that are not owned or controlled by BorrowGVL. BorrowGVL has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Users further acknowledge and agree that BorrowGVL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

BorrowGVL strongly advises Users to read the terms of service and privacy policies of any third-party websites or services Users may visit.

27. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BORROWGVL BE LIABLE TO ANY USER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, OR FOR ANY BUSINESS INTERRUPTION, PERSONAL INJURY, OR LOSS OF PRIVACY, ARISING OUT OF OR RELATED TO THE MARKETPLACE, ANY ITEM, ANY RENTAL AGREEMENT, OR ANY THIRD-PARTY SOFTWARE OR HARDWARE USED WITH THE MARKETPLACE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF BORROWGVL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF BORROWGVL ARISING OUT OF OR RELATED TO THESE TERMS OR THE MARKETPLACE WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL SERVICE FEES AND COMMISSIONS PAID BY OR RETAINED FROM THE USER IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) $100.

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF WHETHER A REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, AND WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW OR TO LIABILITY ARISING FROM BORROWGVL’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD.

Some jurisdictions do not allow the limitation of liability for certain types of damages, which means that some of the above limitations may not apply. In those jurisdictions, liability will be limited to the greatest extent permitted by law.

28. Independent Relationship; No Employment or Agency

BorrowGVL is a technology platform that provides a venue for Lenders and Borrowers to transact. Nothing in these Terms creates an employment, agency, joint venture, partnership, or franchise relationship between BorrowGVL and any User.

Lenders are independent from, and are not employees, agents, or representatives of, BorrowGVL. Lenders operate their own independent activity in listing and renting Items, set their own prices and availability (subject to Marketplace policies), and are solely responsible for their own tax obligations, business licenses, and compliance with applicable law. BorrowGVL does not direct or control the manner or means by which a Lender maintains, prepares, or delivers an Item.

No User is authorized to make any representation, warranty, or commitment on behalf of BorrowGVL, or to bind BorrowGVL in any way.

29. Intellectual Property of BorrowGVL

BorrowGVL retains all right, title, and interest in and to the Marketplace, including but not limited to services provided and its software, design, trademarks, trade dress, logos, and copyrights. Users receive a limited, non-exclusive, non-transferable, revocable license to access and use the Marketplace only for its intended purpose.

By submitting Content (including Listing photographs, descriptions, and reviews), Users grant BorrowGVL a worldwide, royalty-free, non-exclusive license to use, reproduce, display, and distribute that Content in connection with operating, promoting, and improving the Marketplace. Users represent they own or have the necessary rights to grant this license.

BorrowGVL’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of BorrowGVL.

30. Intellectual Property of Others

BorrowGVL respects the intellectual property and copyrights of others. It is BorrowGVL’s policy to respond to any claim that a Listing or associated Content in the Marketplace infringes a copyright or other intellectual property right of any person. BorrowGVL will comply with applicable laws in such cases (such as, for example, the Digital Millennium Copyright Act (“DMCA”).

If a User is a copyright owner or authorized on behalf of one, and the User believes a copyrighted work has been copied in a way that constitutes copyright infringement in the Marketplace, the User must submit notice in writing to BorrowGVL and include in User’s notice the following information related to the alleged infringement:

  • User’s address, telephone number, and email address.
  • A description of the copyrighted work that the User claims has been infringed.
  • Identification of the URL or other specific location on the Marketplace where the material User claims is infringing is located.
  • A statement by User that they have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by User, made under penalty of perjury, that the information provided is accurate and that User is the copyright owner or is authorized to act on the copyright owner’s behalf.
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.

Upon receipt of such notification, BorrowGVL will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged Listing and associated Content from the Marketplace.

31. Feedback and Ratings

Users assign all rights, title, and interest in any Feedback they provide BorrowGVL. If for any reason such assignment is ineffective, User agrees to grant BorrowGVL a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

BorrowGVL may allow Users to rate and review one another following transactions. Ratings and reviews should be honest, accurate, and based on the User’s actual experience. BorrowGVL is not responsible for the content of User reviews and may, but is not obligated to, remove reviews that violate these Terms. Reviews may be held for a period after a booking closes before they are published.

32. Dispute Resolution Between Users

Disputes between a Lender and a Borrower, including disputes over damages, losses, theft, Security Deposits, or otherwise, are solely between those Users, except for the claims and Security Deposit process described in Sections 14 and 17. Nothing in these Terms limits a User’s right to pursue any other available remedy against another User.

33. Class Action Waiver

USER AND BORROWGVL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE IN WRITING, A COURT MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

34. Jury Trial Waiver

USER AND BORROWGVL EACH WAIVE ANY RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE AMONG THEMSELVES.

35. Governing Law and Venue

These Terms are governed by the laws of the State of South Carolina, without regard to its conflicts of laws principles. User and BorrowGVL each consent to the exclusive jurisdiction and venue of the state and federal courts located in Greenville County, South Carolina, for any dispute among themselves.

36. Modifications to Terms

BorrowGVL reserves the right, at its sole discretion, to modify, amend, or replace these Terms from time to time. If BorrowGVL makes material changes, which shall be determined at BorrowGVL’s sole discretion, it will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect through the Marketplace or by email. Continued use of the Marketplace after the effective date of any changes constitutes acceptance of the revised Terms. If a User does not agree to the revised Terms, the User’s sole remedy is to stop using the Marketplace.

37. Force Majeure

BorrowGVL will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disaster, pandemic, war, terrorism, labor dispute, governmental action, or failure of third-party service providers, including payment processors.

38. Severability

If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, severed, and the remaining provisions will remain in full force and effect.

39. Assignment

Users may not assign or transfer these Terms or their account without BorrowGVL’s prior written consent. BorrowGVL may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

40. Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between Users and BorrowGVL regarding the Marketplace and supersede any prior agreements or understandings.

41. Waiver

Except as provided herein, the failure to exercise a right or to require the performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

42. Electronic Communications to Users

By using the Marketplace, you consent to receive notices and other communications from BorrowGVL electronically, including by email or notices posted on the Marketplace, and you agree that such communications satisfy any legal requirement that they be in writing. Marketing emails are sent only to Users who opt in and may be unsubscribed from at any time; messages about bookings and accounts are sent regardless.

43. Contact Information; Notice to BorrowGVL

Questions about these Terms or any notices to BorrowGVL should be directed to hello@borrowetc.com.