TERMS OF USE

Last revised on July 18, 2017

Welcome to Boomerang Hub, operated by Boomerang Hub, LLC (the “Company”). The Company operates an online community and application that facilitates the renting, training, and use of certain tools and equipment between neighbors and peers. When renting or using tools or equipment, ownership of such tools or equipment always remains with the original owner. At no time (1) does the Company possess or is the Company an owner of any tools or equipment, and (2) is an owner or renter an employee of the Company. It is the responsibility of the owner and the renter to comply with any tax requirements of any federal, state or local tax authority with respect to the receipt of fees.

By accessing the Company’s platform and community, whether through a mobile device, mobile application, or computer (collectively, the “Services”) you agree to be bound by these Terms of Use (this “Agreement”). If you wish to use the Services, please read these Terms of Use.

Prior to using the Services, you should also read the Company’s Privacy Policy available at http://boomeranghub.io/privacy-policy/, the Company’s Release of Liability Agreement available at Boomerang-Waiver-and-Release-Agreement.docx, and the Company’s Product Rental Agreement available at Boomerang-Product-Rental-Agreement.docx, which are incorporated by reference into this Agreement and available in the Services. If you do not accept and agree to be bound by all of the terms of this Agreement, including the Privacy Policy, DO NOT USE THE SERVICES. Please feel free to contact us with any questions regarding this Agreement.

  1. Acceptance of Terms of Use Agreement. (a) This Agreement is an electronic contract that establishes legally binding terms you must accept to use the Services. This Agreement includes the Company’s (i) Privacy Policy and (ii) terms disclosed and agreed to by you if you purchase or accept additional features, products or services we offer on the Services, such as terms governing features, billing, free trials, discounts and promotions.
  1. By accessing or using the Services, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. To withdraw this consent, you must cease using the Services. Please print a copy of this Agreement and retain it for your records. This Agreement may be modified by the Company from time to time, such modifications will be effective upon posting by the Company in the Services.
  1. Eligibility. You must be at least 18 years of age to access and use the Services. No portion of the Services is directed at people under the age of 18.  Any use of the Services is void where prohibited. By accessing and using the Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions. If you use the Services outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Services. 
  1. Access to the Site. (a) To create an account, you must either: (i) enter into a separate agreement with us describing the specific terms and conditions of the Services to be provided to you, or (ii) complete the registration process made available to you by us.
  1. When using the Services, you shall be subject to any posted guidelines, rules or licenses. Such guidelines, rules or licenses may contain terms and conditions in addition to those described in this Agreement. For information regarding what we collect from you and how we use it, please consult the Company’s Privacy Policy.
    1. License. Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.
    2. Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
    3. Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
  1. No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site.
  1. Term and Termination. This Agreement will remain in full force and effect while you use the Services. You may disable your account at any time, for any reason. The Company may terminate or suspend your account at any time, for any reason, with or without cause, in its sole discretion. Upon termination or suspension, you will not be entitled to any refund of unused fees for in app purchases. After your account is terminated for any reason, all terms of this Agreement shall survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied. Nothing contained in this Agreement shall create an obligation on behalf of the Company to disclose the reason(s) for termination or suspension of your account.
  1. Commercial Uses. Organizations, companies and/or businesses may not use the Services for any purpose without the Company’s express consent, which may be provided or denied in Company’s sole discretion. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Services, including collection of account names and email addresses of users by electronic or other means for the purpose of unsolicited email and unauthorized framing of or linking of the Services.
  1. Account Security. You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You will take all reasonable precautions to prevent unauthorized access to or use of the Services and notify info@boomeranghub.io promptly of any such unauthorized access or use.
  1. Proprietary Rights. The Services contain copyrighted material, trademarks and other proprietary information of the Company and its licensors. The Company owns and retains all proprietary rights in the Services, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivate works from, make use of, reverse engineer, or reproduce in any way copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Services, without first obtaining the prior written consent of the Company. You agree not to remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
  1. Your Interactions with Other Users. (a) You are solely responsible for your interactions with other users. You understand that the Company currently does not screen its users; does not inquire into user’s backgrounds; or attempt to verify the statements made or the accuracy of questions. The Company makes no representations or warranties as to the conduct or statements of users.
  1. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. AS NOTED BELOW, AND WITHOUT LIMITATION, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES OR ITS PARTNERS BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USER IN CONNECTION WITH THE USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, DEATH, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS WITH OTHER USERS OF THE SERVICE.
  1. Content Posted by you on the Services. (a) You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (collectively, “Post”) on the Services or transmit to other users, including text messages, chat, videos, or photographs (collectively, “Content”).
  1. You may not Post as part of the Services, or transmit to the Company or any other user, any offensive, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal Content, or any Content that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity).
  1. By posting Content to the Services, you represent and warrant that (i) all information that you submit is accurate and truthful; (ii) you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false; and (iii) you have the right to Post the Content to the Services and grant the licenses set forth below.
  1. You understand and agree that the Company may, but is not obligated to, monitor or review any posted Content. The Company may delete any Content that in Company’s sole judgment violates this Agreement or may harm the reputation of the Services or the Company.
  1. You automatically grant to the Company, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, modify, adapt and distribute the Content you Post, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent that any posting and use of your Content by the Company will not infringe or violate the rights of any third party.
  1. If you provide Company with any feedback, information, ideas, or suggestions regarding the Site, Materials, and/or Services (“Feedback”), you hereby agree that such Feedback will be the sole and exclusive property of Company, and hereby assign to Company all right, title and interest worldwide in and to such Feedback and all related intellectual property rights, and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. You agree to assist Company in perfecting and enforcing such rights. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.  You acknowledge that you are responsible for the information (including, but not limited to, Feedback, opinions, messages, comments, and other content or material that you submit or upload to the Site.
  1. Prohibited Activities. (a) The Company reserves the right to investigate, suspend and/or terminate your account if you have misused the Services or behaved in a way the Company regards as inappropriate or unlawful, including actions or communications that occur off the Services.

(b) Company has the right to disable your use of the Services, at any time for any or no reason, including if, in Company’s opinion, you have violated any provision of these Terms of Use. Company reserves the right to discontinue, temporarily or permanently, any or all of the Services to you, at any time, provided we will make reasonable efforts to notify you within 24 hours of doing so. Company shall not be liable to you or any third-party for any termination of your access to the Services except as specifically set forth in this Terms of Use.

(c) By using the Services, you agree not to engage in the following non-exclusive list of activities with respect to the Services:

  • Use the Services in any way that violates any applicable law or regulation.
  • Use the Services or any content contained in the in connection with any commercial endeavors.
  • Engage in any conduct that restricts anyone’s use or enjoyment of the Services, or which, in our opinion, may harm the Company or users of the Services.
  • Use the Services in any manner that could disable, overburden, damage, or limit our ability to provide the Services.
  • Attempt to interfere with the proper working of the Services.
  • Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Services.
  • Use the Services for any commercial or fraudulent purposes.
  • Transfer, resell, lease, license or otherwise make available the Services to third parties.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, or any server, computer or database connected to the Services.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services or expose them to liability.
  1. Modifications to Services. The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. To protect the integrity of the Services, the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Services.
  1. Links. (a) The Services may contain, and the Services may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that the Company is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found in or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the Company 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 upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.
  1. You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “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.”
  1. Disclaimer of Warranties. THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, AND/OR CORRECTION.  IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO 90 DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
  1. Limitation on Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF U.S. $50. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
  1. Indemnification. You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand (including reasonable attorney’s fees) made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you Post, and the violation of any law or regulation by you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.
  1. Arbitration and Governing Law. (a) The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Services shall be binding arbitration administered by the American Arbitration Association. By using the Services in any manner, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court).  Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. DECISIONS BY THE ARBITRATOR ARE ENFROCEABLE in court and may be overturned by a court only for very limited reasons.
  1. This Agreement, and any dispute arising between you and the Company, shall be governed by the laws of the state of Colorado without regard to conflicts of law principles. Any proceeding to enforce this Agreement may be commenced in the federal or state courts located in Denver, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
  1. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  1. Notice. The Company may provide you with notices, including those regarding revisions to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings in the Services. Such notices may not be received if you violate this Agreement by accessing the Services in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Services in an authorized manner.
  1. Miscellaneous; Entire Agreement. This Agreement is subject to change by the Company at any time. This Agreement, with the Privacy Policy and any specific guidelines or rules that are separately posted for particular services or offers, contains the entire agreement between you and the Company regarding the use of the Services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non-transferable. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind the Company in any manner.
  2. Your Comments and Concerns. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy. All communications relating to the Services should be directed to: info@boomeranghub.io.