Introduction
Welcome to the Lend-Items system. The Lend-Items site (the “Service”), located at http://lend-items.com and http://lend-items.appspot.com, is owned and operated by NovaTel Systems Ltd (“NovaTel”), and is provided to you (the “User”) under the terms and conditions outlined below. By using the Service, the User acknowledges that you have read and agree to be bound by the terms and conditions of this agreement (the “Terms”), and agrees to use the Service accordingly. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Service. This agreement shall continue in effect for as long as the User is registered to use the Service.
Right of Modification
NovaTel reserves the right to change, revise or modify these Terms (including pricing) at any time without prior notice by posting the amended Terms on the Site. Amended terms shall be effective upon posting. Your continued use of the Service indicates your acceptance of the revised Terms. If you do not accept the revised Terms, your sole and exclusive remedy is to discontinue using the Service. NovaTel reserves the right, at its sole discretion, to modify or discontinue the Service, for any reason, without notice.
Description of the Service
Lend-Items is a cataloguing, circulation and reservation system. The “Service” includes (a) the Site, (b) the system, tools and services provided by NovaTel through the Site and (c) all software, data, text, images, sounds, video, and content made available through the Site or Service. We reserve the sole right to augment, modify or discontinue the site, including any of the site’s features, at any time with or without notice to you. Any new features that augment or enhance the Service are also subject to these Terms.
User Conduct
You must be at least thirteen (13) years of age to use this web application. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Lend-Items web application. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Lend-Items web application and are responsible for all activities that occur thereunder.
You shall not, and shall not authorize or encourage any third party to use the Lend-Items web application to; upload, transmit, or otherwise distribute any content that is unlawful, offensive, threatening, libellous, defamatory, harassing, abusive, fraudulent, discriminatory, obscene, contains viruses, or is otherwise objectionable as determined by NovaTel in its sole discretion; upload, transmit, or otherwise distribute content that infringes upon another party’s intellectual property rights or another proprietary, contractual, or fiduciary rights or obligations; or use the Lend-Items web application for any fraudulent or inappropriate purpose.
You shall not, and shall not authorize or encourage any third party to use the Service in any manner that is illegal or harmful to the Service. Among other restrictions, you agree that you shall not, nor shall you allow any third party to; use the Service through unauthorized interfaces or protocols; translate, reverse-engineer, decompile, disassemble, modify, or make derivative works from the Service or Service software (except as applicable law expressly permits); interfere with, or attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from any the Site; take any action that imposes an unreasonable or large load on the Site’s infrastructure; or use the Service in a way that disables the Service or prevents or inhibits anyone from using the Service, or degrades the performance of the Service.
Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. You must not use the Site to transmit or store pornography or illegal content.
NovaTel reserves the right to contact you from time to time for feedback about the Service and for service and support related issues. You agree to receive emails which are specific to your account and necessary for the normal functioning of the Lend-Items Service, including a series of welcome emails which help inform new users about various features of the Service.
Advertisements
Lend-Items is supported in part by advertising revenue and may display advertisements and promotions throughout the Lend-Items web application. These advertisements may be targeted to the content of information stored on the Lend-Items web application, queries made through the Lend-Items web application, or other information submitted to the Lend-Items web application. The manner, mode, and extent of advertising by NovaTel within the Lend-Items web application are subject to change without specific notice to you. You agree that NovaTel may place such advertising throughout the Lend-Items web application.
Feedback
We appreciate any and all feedback from you the User. It is one of the ways by which we can improve the Service we provide to you.
If you are dissatisfied with the Service, please do let us know by providing feedback to the support team through the Support link on the website or emailing directly to support@lend-items.com. Your input is valuable to us. Your only other remedy with respect to any dissatisfaction with (i) the Service, (ii) the Terms, (iii) any policy or practice of NovaTel in operating the Service, is to terminate your usage of the Site and close your account.
We value your suggestions and improvements. By sending us any ideas, suggestions, documents and/or proposals you agree that this does not contain confidential or proprietary information of third parties and that we are under no obligation of confidentiality, express or implied, with respect to the feedback. By sending us this feedback you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense this feedback.
Payments
When you sign up, you will receive a free 30 day free use period. There is a free plan which comes free of charge and also paid monthly subscription plans which provide greater capacity and number of loans. At present, payments for monthly subscriptions are made through PayPal. Continued use of the Service is dependent upon notification from PayPal that your monthly subscription has been paid. If you decide that you no longer wish to use the Service, you are responsible for cancelling any subscriptions you have set up through PayPal. Also, if you upgrade to a higher subscription through PayPal, you are responsible for cancelling any previous subscription you had set up through PayPal. At present, there is no option for downgrading to a lower subscription.
Intellectual Property
You acknowledge that NovaTel owns all rights, title, and interest in and to the Lend-Items web application and all content therein, including without limitation all intellectual property rights and associated applications, and that such rights are protected by international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Lend-Items web application or related applications or any content therein. NovaTel ™ intellectual property rights specifically include, but are not limited to, all rights to the Lend-Items web application developed and provided by NovaTel and all software associated with the Lend-Items web application and related applications. The look and feel of this website and the graphical user interface is strictly our intellectual property. You may not reproduce, adapt, upload, link, frame, broadcast, distribute or in any way transmit this copyright or intellectual property without our written consent, other than to the extent necessary by law.
Disclaimer of Warranties
THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND NOVATEL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT NOVATEL DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM NOVATEL OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL NOVATEL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION. IN ADDITION, NOVATEL SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE MONTHLY SERVICE FEE PAID OR PAYABLE BY YOU FOR THE ONE MONTH PRECEDING THE TIME OF ANY CLAIM FOR MONETARY DAMAGES OR ONE HUNDRED ($100) U.S. DOLLARS, WHICHEVER IS LOWEST. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL NOVATEL TOTAL CUMULATIVE DAMAGES EXCEED US $100. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.
Indemnification
By accepting these Terms, you agree to indemnify and otherwise hold harmless NovaTel, its officers, employees, agents, subsidiaries, affiliates and other partners from any liabilities, claims, losses, demands, damages (actual and consequential), expenses, including attorney’s fees, resulting from your use of the Service. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.
Cancellation, Suspension or Termination of Service
You may choose to cancel or cease your use of the Service without cause at any time by providing notice to support@lend-items.com. You are also responsible for cancelling any subscriptions you have set up through PayPal. You will lose access to all of your content subsequent to cancellation and we will delete it in our normal course of business operations. This information cannot be recovered once your account is cancelled. If you cancel the Service before the end of your current paid-up subscription period, your cancellation will take effect immediately and you will not be charged again, but no fees will be refunded.
If you are a Google Apps user, then you can delete our product from your Google Apps account at any time. Note that this does not represent a cancellation of our service because users often delete and then re-add our product to their account, without wanting to cancel our service. If you wish to cancel our service, then you need to inform us so that we can complete the cancellation process as described above. We do not offer refunds in the instance that you forget to contact us directly to cancel your account.
NovaTel reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of your content in the Service, for any reason, including, without limitation, breach of these Terms. NovaTel will use all reasonable efforts to contact you directly via email to warn you prior to suspension or termination of your account. NovaTel shall not be liable to you or any third party for any modification, suspension or termination of the Service.
NovaTel will use best efforts to publish on the Site or notify you about any planned downtime of the Service and will use all reasonable efforts to contact you directly via email to warn you prior to suspension or termination of your account.
If you are not on a paid subscription and do not log in to the Service for a period of three (3) months, NovaTel reserves the right to terminate your account and remove all content related to your account.
Assignment
You may not assign your rights and obligations under these Terms to any other party. NovaTel reserves the right to assign or transfer this Terms of Service Agreement, in whole or in part, without restriction.
Waiver
No forbearance or delay in enforcing any provision of these Terms will result in waiver of that right or provision. Also, no waiver of any such right shall be deemed to be a waiver of any other right.
Entire Agreement
These Terms constitute the entire agreement and understanding between you and NovaTel regarding the Service and supersede any prior understandings or agreements. The headings are for convenience only and shall not affect the construction or interpretation of these Terms.
Governing Law and Jurisdiction
These Terms of Service shall be governed by and construed in accordance with English Law without regard to the principles of conflicts of law. You hereby expressly agree to the exclusive jurisdiction of the High Court of Justice of England and Wales for resolving any dispute.