PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
THEY AFFECT YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW DISPUTES BETWEEN YOU AND nTRUST ARE RESOLVED.
The nTrust application(s), the nTrust.us web site, and other related services of nTrust, Inc. (the “Service(s)”) provide a marketplace enabling an individual nTrust account holder (“You”), to borrow and/or lend items of personal property. nTrust facilitates, but is not a party to, your borrowing and lending transactions. The actual contract is between the lender and the borrower.
While nTrust has policies for resolving disputes between lenders and borrowers, nTrust has no control over user behavior. nTrust cannot guarantee listing accuracy, the condition or safety of items, the lender’s ability to deliver possession, the borrower’s ability to pay, or that a lender or borrower will complete a transaction and return borrowed items.
By using any of the Service(s), you agree to be bound by the terms and conditions in this agreement.
General Account Terms
As a condition of opening an account and ongoing access to the Service(s), you agree that you will:
- Be a human 18 years or older who has the legal capacity to enter a contract. Accounts registered by minors, “bots” or other automated methods are not permitted.
- Provide your full legal name, a valid email address, and all other device function access and information requested.
- Maintain the security of the device(s) you use to access the Service(s) and your account and password.
- Take full responsibility for: (i) deciding how to list and price your items, (ii) all activity on your account, and (iii) anything posted under your account (your “Content”).
- Use the Service(s) only for legal and authorized purposes. You must not use the Service(s) in a way that violates any laws or regulations in your jurisdiction.
- Report and pay any taxes, levies, or duties imposed by any authority arising from any lending of items by you in exchange for compensation.
- Insure items you lend against theft, fire, and other casualties.
- Fairly compensate the lender if you fail to return a borrowed item on time and in substantially the same condition.
- Accept nTrust’s decision as to any dispute between you and another account holder as final and binding.
As a condition of opening an account and ongoing access to the Service(s), you agree that you will NOT:
- Offer to lend, provide, borrow, or accept any item or service that violates nTrust’s acceptable use policies, as amended in nTrust’s sole discretion from time to time, or that nTrust determines in its sole discretion is inappropriate or unlawful.
- Violate nTrust’s acceptable use policies (as determined in nTrust’s sole discretion from time to time) for selection of your username and for all Content, communications, and behavior relating to the Service. For example, physical abuse, violation of any party’s intellectual property rights, and communication that is profane, unlawful, threatening, abusive, libelous, defamatory, pornographic, obscene, threatens abuse or retribution, contains slurs and/or is otherwise objectionable, are grounds for immediately terminating your account.
- Upload, post, host, or transmit unsolicited email, advertisements for services other than lending offers supported by the Service(s), SMSs, “spam” messages, worms, viruses or any links or code of a destructive nature.
- Offer to bypass or bypass the Service(s) to engage in lending or borrowing transactions with other members.
- Modify, adapt, hack, or interfere with the operation of the Service(s).
- Create or operate another application, website, or service to falsely imply that it is associated with nTrust Service(s).
- Reproduce, duplicate, copy, sell, resell or exploit (i) any portion of the Service(s), or (ii) access to any portion of the Service(s) without nTrust’s express written permission.
- Misrepresent your identity, create a new account, or use other accounts to avoid enforcement of any nTrust policies, terms or conditions.
- Falsely report that another account holder has violated a policy or failed to perform an agreed transaction.
- Make a false statement in an nTrust dispute resolution process.
- Disclose in any item listing, review, or other public posting the contact information of another account holder.
- Use an automated data gathering and extraction tool (e.g. a spider, robot or scraper) to access the Service(s) and/or harvest data.
- Abuse the review system, such as by threatening to leave a negative review if the other party won’t change the agreed terms, or leaving reviews to manipulate review standings rather than to provide legitimate feedback.
These terms apply to each transaction you make using the Service(s):
- The fees nTrust charges to borrowers and lenders for each transaction are defined in the fee schedule available at www.nTrust.us .
- You must have an appropriate payment method in your profile with sufficient funds to complete any transaction you propose or accept.
- You enter a legally binding contract with a lender to borrow an item when you offer to borrow an item and your offer is accepted.
- You enter a legally binding contract with a borrower to lend your item when you accept that borrower’s offer.
- You are responsible for reviewing the item listing carefully before making a commitment to borrow.
- You are responsible for evaluating the borrower’s profile before making a commitment to lend.
- When a contract has been established, the borrower and lender are responsible for completing it in compliance with the agreed terms, timing, and location.
Cancellation & Termination
nTrust, in its sole discretion, may refuse to provide an account, or suspend or terminate your Account, for any reason at any time. Such termination of the Service(s) will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
Modifications to the Service(s) and Their Terms
nTrust reserves the right to modify or discontinue, temporarily or permanently, the Service(s) (or any part thereof) with or without notice.
nTrust also reserves the right to amend these Terms of Service, its policies, and fees. Changes will take effect as posted, and continued use of any Service(s) shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.nTrust.us/terms-of-service.html. Other policies and the nTrust fee schedule are posted at www.nTrust.us.
nTrust is not obligated to pre-screen Content. nTrust may, but has no obligation to, remove Content that violates its policies.
Any information you enter in the application or upload (“Content”) remain yours. However, Content posted in listings and reviews will be available to users of the site and is therefore not confidential. Also, by posting, uploading, displaying, performing, transmitting, or otherwise distributing Content to the Service, you are granting nTrust, its affiliates, officers, directors, employees, consultants, agents, and representatives a perpetual, worldwide, paid-up license to use the Content in operation of the Service(s), including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat the Content. You further authorize nTrust and its affiliates to use, reuse, and to grant others the right to use and reuse, your Content, and any reproduction or simulation thereof, in any form of media or technology now known or hereafter developed, both during and after your use of the Service(s), for any purposes related to the Service(s). You will not be compensated for any Content. By posting Content on the Service(s), you warrant and represent that you own the rights to the Content or are otherwise authorized to post the Content and grant the licenses herein.
You will not upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any party’s copyrights, trademarks, patents, or trade secrets. You are solely responsible for any violations of any laws and for any infringements of rights caused by any content you provide, post, or transmit, or that is provided or transmitted using your Account login.
nTrust Ownership Rights
All nTrust content provided as part of the Service(s) is the property of (or licensed by) nTrust and is protected by U.S. and international copyright and/or other intellectual property laws. The look and feel of the website, mobile applications and Service(s) are also Copyright 2017, all rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, visual design elements, or content without express written permission from nTrust.
The nTrust applications, including all files and images contained in or generated by the applications, their look-and-feel, visual design elements, and accompanying data (collectively, “Software”) are deemed to be licensed to you by nTrust, for personal use only and not for commercial resale. nTrust does not grant you any title or other intellectual property rights in the Software. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert any part of the Software to a human-perceivable form.
Infringement Claims - Digital Millennium Copyright Act
nTrust takes copyright infringement seriously. Pursuant to the Digital Millennium Copyright Act (Title 17 USC 512(c)), a copyright owner or their agent may submit a takedown notice to nTrust. As a service provider, nTrust is entitled to claim immunity from infringement claims pursuant to the “safe harbor” provisions of the DMCA.
nTrust makes a good faith effort to identify any repeat infringers. Those that violate nTrust’s internal repeat infringer policy will have their accounts terminated.
To submit an infringement claim to nTrust, you must provide a notice including the following information:
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the infringing material to be removed, and information reasonably sufficient to permit nTrust to locate the material. Please submit the Username and Description of the offering containing infringing material.
- Contact information including your name, physical address, email address, and phone number.
- A statement that the complaining party has a good faith belief that the use of the material is unauthorized.
- 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 copyright owner.
- A physical or electronic signature of the copyright owner (or authorized representative).
Civil damage penalties, including costs and attorney fees, may apply against any person who knowingly and materially misrepresents certain information in a notification of infringement.
Send all takedown notices to legal@nTrust.us.
Please note that the identity and information in any copyright infringement claim we receive may be communicated to the alleged infringer.
Disputing a Take Down
If you have received a notice that your Content was taken down because of a copyright infringement claim, you may provide us with a counter notification in an effort to have the material in question restored to the Service(s). The notification must be sent in writing to legal@nTrust.us and must contain the following elements (17 USC 512(g)(3)):
- A description of the material that has been taken down and the original location of the material before it was taken down.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled because of mistake or misidentification of the material.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to jurisdiction of any judicial district in which the service provider may be found), and that the you will accept service of process from the person or company who provided the original infringement notification.
- Your physical or electronic signature.
— Disclaimers and Limitations of Liability
Your use of the Service(s) is at your own risk, and on an “as-is” and “as-available” basis. To the full extent permitted by law, nTrust hereby excludes all express and implied warranties, including (without limitation) implied warranties of non-infringement, merchantability, and fitness for a particular purpose.
In addition, to the extent permitted by law, nTrust (and its officers, directors, agents, service providers, and employees) are not liable for any damages or losses resulting in any way from:
- Content you provide while using the Service(s).
- Your use of or inability to use Service(s).
- Your failure to secure your device(s) and your account information.
- Any modification, price change, suspension or discontinuance of the Service(s).
- Pricing and listing suggestions and other recommendations by nTrust.
- Viruses or other malicious software, glitches, bugs, errors or inaccuracies resulting from access to the Service(s).
- Damage to your device(s) while using the Service(s).
- The accuracy of listings and the quality, safety, condition, and suitability of any items obtained by you through the Service(s).
- The behavior, actions and inactions of third parties using the Service(s) including those entering transactions with you. You are solely responsible for your safety. You must decide in your sole discretion whether you wish to engage in a transaction, whether it is safe to deliver or receive an item in a location, and whether to proceed with the transaction.
- Actions taken by nTrust in response to violations of the Terms of Service and its other policies, as amended from time to time.
- The way your listings appear or do not appear.
- Any effects of changes in nTrust operations, policies and Terms of Service on your business, including without limitation the need to modify your Content and practices to comply with such changes.
- The technical operating and transmission features of the Service(s), including without limitation the transfer of unencrypted Content over various networks.
- Acts (or failures to act) of nTrust’s third party hardware, software, and network service providers.
The foregoing exclusions of nTrust liability apply to all forms of damages or losses, whether direct, indirect, incidental, special, consequential or exemplary, and including but not limited to, damages for loss of profits, goodwill, use, personal injury, or intangible losses (even if nTrust has been advised of the possibility of such damages).
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
If despite the provisions herein, nTrust is found to be liable for damages to you or another party, our liability is limited to the greater of (i) the amount paid for the transaction giving rise to the alleged liability and (ii) $100.
— Release and Indemnity
You release nTrust and its officers, directors, employees and agents from claims, demands and damages (actual and consequential) of every type, known and unknown, connected in any way with any dispute you have with other nTrust account holder(s). You expressly waive any statutory or other protection that would otherwise limit this release to claims that you know of (or suspect to exist) when you open your account and agree to this release.
You will indemnify and hold harmless nTrust, its officers, directors, employees, and agents from any claim or demand (and reasonable attorney’s fees) made by any third party arising out of your breach of these Terms of Service, your improper use of the Service(s), your failure to honor the terms of a transaction arranged using the Service(s), or your violation of any law or other rights of a third party.
— Resolution of Lender - Borrower Disputes
nTrust has established a policy for mediating and resolving disputes between lenders and borrowers, available at www.nTrust.us. This policy may be amended from time to time in nTrust’s sole discretion, without advance notice. When a lender or borrower has an issue, nTrust may consider both the facts and information presented and each individual’s history of using the Service(s). nTrust reserves the right to take action in its sole discretion to provide what it determines is a fair result.
— Arbitration of Disputes with nTrust
Any claim or dispute arising between you and nTrust that relates in any way to the nTrust Terms of Service, your use of or access to the Service(s), actions by nTrust or its agents, or any transaction through the Service(s), will be resolved exclusively through final and binding arbitration, rather than in court.
As an alternative, you may file a claim in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
Prohibition of Class and Representative Actions
YOU AND NTRUST MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS ACTION OR OTHER REPRESENTATIVE STATUS. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS OR PRESIDE OVER ANY CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING RELIEF FOR THAT PARTY’S INDIVIDUAL CLAIMS.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org.
A party who intends to seek arbitration must first send to the other, by certified mail, a Notice of Dispute (“Notice”) describing the nature and basis of the claims the party is asserting and the relief sought. The Notice to nTrust should be sent to nTrust, Inc., Attn: Notice of Dispute, (address)____________________ . nTrust will send any Notice to the physical address on file for your nTrust account; it is your responsibility to keep your physical address up to date.
If you and nTrust are unable to resolve the claims in the Notice within 30 days after the Notice is sent, either party may initiate arbitration proceedings. A form for initiating arbitration proceedings is available at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to nTrust at the following address: ____________________________________. If nTrust initiates an arbitration it will send a copy of the completed form to the physical address on file for your nTrust account. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Settlement offers shall not be disclosed to the arbitrator.
The arbitration hearing shall be held in Jupiter, Florida. If the value of the relief sought is $1,000 or less, either you or nTrust may elect to have the arbitration conducted by telephone or based on written submissions.
The arbitrator will decide all claims consistent with applicable law and will honor privileges recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving other users. The arbitrator’s award shall be final and binding; judgment on the award may be entered in any court having jurisdiction thereof.
YOU CAN REJECT THE ARBITRATION REQUIREMENT HEREIN BY MAILING nTRUST A WRITTEN NOTICE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU OPEN YOUR ACCOUNT FOR THE FIRST TIME.
The Notice must include your name, street address, city, state and zip code, and the user ID(s) and email address(es) associated with the nTrust account(s) to which the opt-out applies, and must be signed by you. You must mail the Opt-Out notice to ____________________________________________. This is the only way to opt out of arbitration; the rest of the Terms of Service will continue to apply. Opting out of arbitration as provided in this version of the Terms of Service has no effect on any other or future arbitration agreements you may have with nTrust.
— General Terms
If the arbitration provisions above are found not to apply to your claim, the state courts located in Palm Beach County, Florida and the Federal courts located in Florida will have exclusive jurisdiction, and you agree to submit to the personal jurisdiction of these courts.
- General Account Terms
- Transaction Terms
- Cancellation & Termination
- Modifications to the Service(s) and Their Terms
- User Content
- nTrust Ownership Rights
- Infringement Claims - Digital Millennium Copyright Act
- — Disclaimers and Limitations of Liability
- — Release and Indemnity
- — Resolution of Lender - Borrower Disputes
- — Arbitration of Disputes with nTrust
- — General Terms