FRENTING, INC. TERMS OF SERVICE

Last updated July 9, 2009

Welcome to Frenting

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, DO NOT USE THIS WEB SITE.

These terms of service (“Terms”) apply solely to your access to, and use of, the Web site of Frenting, Inc. (“Frenting”), located at www.frenting.com (the “Site”) and the tools and services accessed through the Site as more fully described below (the “Services”). If you are using the Site or the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity agrees to indemnify you and Frenting for violations of these Terms. Nothing in these Terms will be deemed to confer any third party rights or benefits.

Updates to Terms

We reserve the right to change or modify any portion of these Terms, and any policies or guidelines governing your use of the Site and the Services, at any time in our sole discretion. Any such changes or modifications will be effective immediately upon posting of revisions on the Site. Your continued use of the Site, the Interactive Areas (as defined below) or the Services following the posting of such changes or modifications constitutes your acceptance thereof. Therefore, you should frequently review these Terms and all applicable policies or guidelines on the Site in order to understand the terms and conditions applicable to your use of the Site, the Interactive Areas and/or the Services. If you do not agree to any changes or modifications to these Terms or to any applicable policies or guidelines on the Site, your sole recourse is to stop using the Site, the Interactive Areas and the Services.

Description of Services and Transactions

Frenting is a tool that facilitates transactions. Frenting does not guarantee transactions.

The Site allows you to lend, borrow and share all sorts of goods with others.

You may lend a book, tool, bike, DVD or any other item that is not prohibited by these Terms (“Item”) via the Site to others. Also, you may arrange the delivery of an Item and payment for lending such Item via the Site.

Please do not misprepresent your Items. If an Item is in bad shape, it is best to note the accurate condition of the Item. If you lose, sell, or otherwise get rid of an Item, please remove it from your profile on the Site. By doing this, you help us keep the search results current so that other users of the Site can easily find Items that are available and transact with you and other users lending Items.

Frenting is not liable for: (a) payments for Items; (b) any damage or loss of any Item posted to or transacted through the Site; (c) the condition of the Item; or (d) anything else related to the Item.

Registration Data; Account Security

In consideration of your use of the Site and the Services, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Frenting, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Frenting. Neither the Site nor the Services are intended for use by children under the age of 13. We reserve the right to refuse service, terminate accounts, or remove or edit Content (as defined below) in our sole discretion.

Content

You acknowledge and agree that:

• All materials, text, images, photos, video, sounds or other materials including, but not limited to, all information with respect to your Items (collectively “Content”) that you posted on, transmitted through, or linked from the Site, are your sole responsibility.
• You must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on the Content, and that under no circumstances will Frenting be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Site or the Services.
• Under no circumstances will Frenting be liable in any way for any Item or for any loss or damage of any kind incurred as a result of the use of any Item.
• Your use the Site and the Services and all Content you posted on, transmitted through, or linked from the Site is in compliance with the rules set forth in these Terms (including, but not limited to the Content Policy set forth below), and all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all export control laws.
• Frenting does not pre-screen or approve Content, but that Frenting will have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Site or the Services, for violating the letter or spirit of these Terms or for any other reason.
• You may not use the Site or the Services in any manner that could damage, disable, overburden, or impair the Site or the Services or interfere with any other user’s use and enjoyment of the Site or the Services.
• If you post Content to the Site, unless we indicate otherwise, you grant Frenting and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content solely in connection with providing and promoting the Site and the Services and/or exercising the rights granted in these Terms. You grant Frenting and its affiliates and sublicensees the right (but, not the obligation) to use the name that you submit in connection with such Content.

Interactive Areas

The Site may contain bulletin board services, chat areas, forums, podcasts, and/or other message or communication facilities designed to enable you or other users to communicate with respect to your Items (collectively, “Interactive Areas”). You agree to use the Interactive Areas only to post, send and receive messages and material that are appropriate and related to the particular Interactive Areas and in accordance with the Content Policy, these Terms and applicable law.

Your use of Interactive Areas is at your own risk. As a provider of Interactive Areas, Frenting is not liable for any statements, representations or Content provided by its users or other third parties.

Monitoring; Privacy.

Frenting reserves the right, but is not obligated, to monitor the Content, the Registration Data, the Interactive Areas and any other material related to the Site or the Services, whether published or unpublished, in the interests of security. You acknowledge and agree that you have no expectation of privacy with respect to any such communications or postings, and you expressly consent to such monitoring. For information as to how we collect and use personal information we collect on this Site, please see our Privacy Policy.

By using the Site and/or the Services, you consent to any transfer of personal information, collected by Frenting, outside your country for the purposes of storing the information where Frenting and/or its agents maintain their facilities. You are responsible for protecting and enforcing your rights in and to your Content. No compensation will be paid with respect to the use of your Content, as provided herein.

Content Policy

Frenting respects your rights and does not wish to censor any Content you may post on the Site. However in order to allow the continued posting of a wide variety of Content, Frenting has establish the rules set forth below with respect to Content (the “Content Policy”). Please note that these rules do not create any third party rights or create any private right of action, but may be enforced solely by Frenting in its sole discretion. The decision by Frenting not to take action to enforce these rules in a particular instance will not be considered a waiver of any right to do so in the future or in other situations.

By using the Site, you agree that:

• You may not upload, publish, post, distribute or disseminate any Content that defames, abuses, harasses, stalks, threatens or otherwise violates the legal rights (such as rights of privacy and publicity) of others.
• You may not upload, publish, post, distribute or disseminate any Content that is otherwise deemed as pornographic and/or obscene by Frenting. This includes, but is not limited to, commercial pornography, pedophilia, incest, bestiality, child pornography, or anything similar that violates any applicable laws. Frenting will report any evidence of child pornography along with all known user identification and information to the relevant law enforcement agencies.
• You may not use the Site or Services to provide escort, prostitution or similar services.
• You may not upload, publish, post, distribute or disseminate any Content that promotes hatred towards groups based on race or ethnic origin, religion, disability, gender, age, and sexual orientation/gender identity.
• You may not upload, publish, post, distribute or disseminate any Content that constitutes a direct threat of violence against any person or group of people.
• You may not upload, publish, post, distribute or disseminate any Content that impersonates or is intended to impersonate others in a manner that is intended to mislead or does mislead or confuse others.
• You may not upload, publish, post, distribute or disseminate any Content that, any form, is protected by intellectual property laws (or by rights of privacy and/or publicity) unless you own or control the rights thereto or have received all necessary consents.
• You may not post private individual or company information without the expressed permission of such parties.
• You may not upload, publish, post, distribute or disseminate any files that contain viruses, malware, malicious codes, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
• You may not use affiliate links to third party sellers who have not approved you into their affiliate programs.
• You may not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of Content that is uploaded, downloaded, published, posted, distributed or disseminated.
• You may not use the Service to harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• You may not upload, publish, post, distribute or disseminate any unauthorized private, confidential and personal information about others.
• You may not upload, publish, post, distribute or disseminate any Content that is used for unlawful purposes or for the promotion of dangerous and illegal activities.

Storage

You acknowledge and agree that Frenting has no responsibility or liability for the deletion of or the failure to store or to transmit any Content maintained by Frenting and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.

Posting Agents

A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Site on behalf of others. You may not use a Posting Agent to post Content to the Site without Frenting’s express permission. Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Site or the Services to facilitate posting Content on behalf of others, except with Frenting’s express permission.

Third Party Sites and Content

We may host or provide links to products, Web pages, Web sites and other Content of third parties (“Third Party Sites and Content”). The inclusion of any link or the hosting of any such Content is provided solely as a convenience to our users, including you, and does not imply affiliation, endorsement, approval, control or adoption by us of any Web site or any Content contained therein. We make no claims or representations regarding, and accept no responsibility for such Third Party Sites and Content, or for the quality, accuracy, nature, ownership or reliability thereof. Users, including you, may use these links and the Third Party Sites and Content contained therein at their own risk. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Web site to which you navigate from the Site.

Intellectual Property Rights

You acknowledge that Frenting owns all right, title, and interest in and to the Site and the Services including all intellectual property rights therein (“Frenting IP”). Frenting IP is protected by United States of America and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Frenting IP. You also agree that you will not use any robot, spider, other automated device or manual process to monitor or copy any Content from the Site or Frenting IP.

Disclaimer of Warranties

UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, THE SITE, THE SERVICES, ANY CONTENT AVAILABLE ON THE SITE, ANY EMAIL SENT FROM US, ANY ITEMS MADE AVAILABLE TO YOU THROUGH THE SITE, OR ANY PAYMENTS, DELIVERIES OR OTHER TRANSACTIONS RELATED TO ITEMS ARE PROVIDED TO YOU ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND FROM FRENTING. WE DO NOT WARRANT THAT THE SITE, THE SERVICES, ANY CONTENT AVAILABLE ON THE SITE, ANY EMAIL SENT FROM US, ANY ITEMS MADE AVAILABLE TO YOU THROUGH THE SITE, OR ANY PAYMENTS, DELIVERIES OR OTHER TRANSACTIONS RELATED TO ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SITE, THE SERVICES, ANY CONTENT AVAILABLE ON THE SITE, ANY EMAIL SENT FROM US, ANY ITEMS MADE AVAILABLE TO YOU THROUGH THE SITE, OR ANY PAYMENTS, DELIVERIES OR OTHER TRANSACTIONS RELATED TO ITEMS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SITE, THE SERVICES, ANY CONTENT AVAILABLE ON THE SITE, ANY EMAIL SENT FROM US, ANY ITEMS MADE AVAILABLE TO YOU THROUGH THE SITE, OR ANY PAYMENTS, DELIVERIES OR OTHER TRANSACTIONS RELATED TO ITEMS WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING: (A) ANY AND ALL WARRANTIES OF MERCHANTABILITY; (B) ANY AND ALL WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNEW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (C) ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. FURTHER, WE NEITHER REPRESENT NOR WARRANT THAT THE SITE, THE SERVICES OR ANY CONTENT AVAILABLE ON THE SITE OPERATE WITHOUT INTERRUPTION OR ERROR. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO WARRANTIES. THIS DISCLAIMER AND EXCLUSION WILL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL OF THEIR ESSENTIAL PURPOSE.

Limitation of Liability

IN NO EVENT WILL FRENTING BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS, OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, ANY CONTENT AVAILABLE ON THE SITE, ANY EMAIL SENT FROM US, ANY ITEMS MADE AVAILABLE TO YOU THROUGH THE SITE, OR ANY PAYMENTS, DELIVERIES OR OTHER TRANSACTIONS RELATED TO ITEMS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, ANY CONTENT AVAILABLE ON THE SITE, ANY EMAIL SENT FROM US, ANY ITEMS MADE AVAILABLE TO YOU THROUGH THE SITE, OR ANY PAYMENTS, DELIVERIES OR OTHER TRANSACTIONS RELATED TO ITEMS EXCEED THE AGGREGATE OF THE NET AMOUNTS RECEIVED BY US FROM YOU, IF ANY, FOR SOLELY YOUR ACCESS TO OR USE OF THE SITE. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THESE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification and Release

You will indemnify, defend and hold us and our investors, officers, directors, affiliates, subsidiaries, consultants, contractors, agents, attorneys, employees, and applicable third parties (such as licensors, partners and advertisers) (collectively, the “Indemnified Parties”) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims (groundless or otherwise), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney and expert fees, costs, penalties, interest and disbursements) resulting from any claim (including third party claims), suit, action, or proceeding against a Indemnified Party, whether successful or not, resulting from or arising in connection with: (a) your use of the Site and/or the Services; (b) your conduct; (c) your violation of any provision set forth in these Terms; (e) your violation of the rights of any third party; (f) your Content; and/or (g) your Items.

Service Contact

support@Frenting.com

Termination/Access Restriction

Frenting reserves the right, in its sole discretion, to terminate your account and your access to the Site and the Services, or any portion thereof, and to remove or block access to any user or any user Content at any time without notice for any reason (including, but not limited to, unacceptable Content or for any violation of these Terms) or for no reason.

Consent to Disclose Information

You acknowledge, consent and agree that Frenting may access, preserve and disclose your account information (including your name and contact information) and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary or appropriate to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Frenting, its users and the public.

Governing Law and Jurisdiction

To the maximum extent permitted by law, these Terms are governed by the laws of the state of California and the United States of America, and you hereby consent to Santa Clara County, California being the exclusive jurisdiction and venue of courts in all disputes arising out of or relating to the use of the Site or the Service. Use of the Site or the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms including, but not limited to, this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Frenting as a result of these Terms or use of the Site and/or the Services.

The performance of Frenting per these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of the right to comply by Frenting with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Frenting with respect to such use.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.

Unless otherwise specified herein, these Terms constitute the entire agreement between you and Frenting with respect to the Services and these Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Frenting with respect to the Services.

A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Copyright

All Content and other material on the Site and the Services are the proprietary property of Frenting or its licensors or users and are protected by U.S. and international copyright laws. All rights not expressly granted in these terms are expressly reserved.

Trademark

Frenting, the Frenting logo and any other product or service name or slogan contained in the Site are trademarks of Frenting and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Frenting or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Frenting” or any other name, trademark or product or service name of Frenting without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Frenting and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Notices and Procedure for Making Claims of Copyright Infringement

If you believe that anything on the Site or the Service infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

Name of Agent Designated to Receive Notification of Claimed Infringement: CORPORATION SERVICE COMPANY

Address of Designated Agent to Which Notification Should be Sent:

2711 Centerville Road Suite 400WilmingtonDE, 19808

Telephone Number of Designated Agent: (302) 636-5401

E-Mail Address of Designated Agent: dmca@Frenting.com

To be effective, the notification must be a written communication that includes the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Frenting has adopted a policy of terminating, in appropriate circumstances and at the sole discretion of Frenting, subscribers or account holders who are deemed to be repeat infringers. Frenting may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.