Terms of Service

Thank you for your interest in GoListIt. Please read these Terms of Service carefully before using the GoListIt, LLC website and the GoListIt, LLC service.

 

 

Binding Contract

These Terms of Service constitute a binding legal contract between you and GoListIt, LLC (hereinafter “GoListIt,” “we,” “our,” or “us”) concerning GoListIt’s delivery of its services to you. In consideration of your use of the GoListIt website and/or service (including but not limited to registering for a GoListIt account, posting an ad, listing an item for rent, renting an item or otherwise accessing or using the GoListit website and/or service), which you acknowledge is sufficient value or consideration to form a contract between you and GoListIt, you are agreeing to be bound by these terms of service. You acknowledge that GoListIt is a private site owned and operated by GoListIt. By using the GoListIt service as a Lender, you agree to be bound by the GoListIt rules concerning lending. By using the GoListIt service as a Borrower, you agree to be bound by the GoListIt rules concerning borrowing. If you are accessing or using GoListIt on behalf of a business, that business agrees to be bound by these Terms of Service. If you do not want to be bound these Terms of Service, do not use the GoListIt website and/or service. GoListIt hereby incorporates its Guarantee and List of Prohibited Items into these Terms of Service as if fully set forth herein.

 

 

Nature of Service

GoListIt is an intermediary service only. GoListIt, LLC, as an Indiana Limited Liability Company, does not directly lend items that it owns. Rather, we provide an online platform (“GoListIt service” or “service”) where Lenders and Borrowers can conveniently post and/or locate personal property for rent and coordinate the rental of that property according to terms that are mutually agreeable to the Lender and Borrower.

 

GoListIt does not set the terms of any rental agreement between the Lender and Borrower. Again, GoListIt simply provides a platform where Lenders and Borrowers can coordinate a rental agreement between them.

Therefore, GoListIt is not responsible for the actions or behaviors of the Lenders and Borrowers that use its service or for the terms agreed to by the parties. Though GoListIt has set out rules designed to fairly address the concerns of both Lenders and Borrowers, GoListIt cannot guarantee the behavior or actions of Lenders and Borrowers and, therefore, cannot be held liable for the behavior or actions of the Lenders and Borrowers that use its service.

 

You acknowledge that GoListIt has the right, as an intermediary service, to cancel any posting, listing, request to borrow or transaction made by the user if GoListIt, in its sole and absolute discretion, determines that such posting, listing, request or transaction violates its rules or these Terms of Service.

Rules for Lenders

When you list an item on the GoListIt service as a Lender, you agree to the following rules and acknowledge the following terms:

 

Lender acknowledges that, if a Borrower rents an item through the GoListIt service, Lender is making a separate contract with the Borrower. Lender is not renting to GoListIt but rather to another user of GoListIt. Lender further acknowledges that a specific term of the Lender’s contract with Borrower is a promise to comply with these Terms of Service, including the Rules for Lenders set out in this section of the Terms of Service. Lender certifies that any listings made on the GoListIt service will match the picture(s) and any written description of the listing submitted by the Lender or on his/her/its behalf.

 

Lender acknowledges that the Borrowers listed on the GoListIt site or in the GoListIt service are not acting as an agent of or acting under the control or direction of GoListIt. Lender specifically agrees not to claim, assert or pursue a claim that GoListIt is responsible for the actions, behaviors, torts or omissions of the Borrower or any other loss or liability incurred by the Lender due to the actions of the Borrower.

 

Lender is fully responsible and liable for compliance with these Rules for Lenders and any and all claims by a Borrower that Lender has failed to comply with these Rules for Lenders. Lender further agrees that GoListIt is not liable in any way for Lender’s failure to comply with the Rules for Lenders or Terms of Service, a Borrower’s claim that Lender failed to comply with or breached the terms of their separate rental agreement or any obligation to compensate Borrower for failure to comply with the terms of a rental agreement between Lender and Borrower.

 

 

Rules for Borrowers

When you rent an item from the GoListIt service as a Borrower, you agree to the following rules and acknowledge the following terms:

 

Borrower acknowledges that, if Borrower rents an item through the GoListIt service, Borrower is making a separate contract with the Lender. Borrower is not renting from GoListIt but from another user of GoListIt. Borrower further acknowledges that a specific term of the Borrower’s contract with Lender is a promise to comply with these Terms of Service, including the Rules for Borrowers set out in this section of the Terms of Service.

 

Borrower acknowledges that the Lenders listed on the GoListIt site or in the GoListIt service are not acting as an agent of or acting under the control or direction of GoListIt. Borrower specifically agrees not to claim, assert or pursue a claim that GoListIt is responsible for the actions, behaviors, torts or omissions of the Lender or any other loss or liability incurred by the Borrower due to the actions of the Lender.

 

Borrower is fully responsible and liable for compliance with these Rules for Borrowers and any and all claims by a Lender that Borrower has failed to comply with these Rules for Borrowers. Borrower further agrees that GoListIt is not liable in any way for Borrower’s failure to comply with the Rules for Borrowers or Terms of Service, a Lender’s claim that Borrower failed to comply with or breached the terms of their separate rental agreement or any obligation to compensate Lender for failure to comply with the terms of a rental agreement between Borrower and Lender.

 

Your Account and Content

To use GoListIt, you must open an account. By opening a GoListIt account, you certify and agree to the following:

 

  1. You are over the age of 18.

  2. The information you provide is accurate and up to date. Failure to provide accurate and up-to-date information may result (at the sole and absolute discretion of GoListIt) in the termination of your account and a fine of up to $100 per misrepresentation.

  3. You will comply with the GoListIt Terms of Service and agree to the rules and restrictions set out in the Terms of Service.

  4. You will not attempt to impersonate any individual or organization.

  5. You have the right or title to any items that you list on the GoListIt service and have obtained all required permits or approvals for doing so.

  6. You will not post or transmit any material that is knowingly false, defamatory, inaccurate, abusive, vulgar, obscene, threatening, sexually oriented or explicit, invasive of a person’s privacy, or a violation of any law or regulation.

  7. You will not post materials or information that violates or infringes on another’s rights, including but not limited to privacy and intellectual property rights.

  8. You will not transmit any viruses or other technologies that would be harmful to GoListIt or any other person.

  9. You will not transmit spam, including but not limited to chain letters, junk mail, bulk mail and any material unrelated to the GoListIt website and service.

  10. You will not submit materials that solicit or advertise for services other than GoListIt.

  11. You will not discuss illegal activities or link to websites that deal with illegal activities.

  12. You will not attempt to disrupt or interfere with GoListIt, impose or contribute to imposing an unreasonable load on the GoListIt service or attempt to gain unauthorized access to any part of the GoListIt website or service.

  13. You will not attempt to mine or harvest the data of other GoListIt users in any way, including the use of a use any robot, spider, scraper or other automated, electronic or technological means.

  14. You agree to indemnify and compensate GoListIt for any damages and expenses incurred by GoListIt because of your failure to comply with these Terms of Service.

  15. By posting content (including but not limited to posts and listings) on the GoListIt website or service, you grant to us (and have the right to grant to us) and anyone authorized by us an irrevocable, non-exclusive, worldwide, royalty-free, unrestricted and transferable right to use the copyright, trademark and/or other intellectual property rights connected with that content. You also waive your right to be listed as the author of such content to the fullest extent permissibly by law.

 

Without limiting any other rights, failure to comply with these terms (at the sole and absolute discretion of GoListIt) may result in GoListIt removing your post(s) or listing(s), revoking your account and prohibiting you from creating other accounts.

 

GoListIt further retains the right to move, delete, condense or alter posts or listings that we find unacceptable or inappropriate, even if the reason for removal is not clearly set out above or a legal reason.

 

 

Content Posted by Others

GoListIt maintains rules and Terms of Service designed to exclude any inaccurate or misleading listings. However, GoListIt, as an intermediary service, relies upon the representations of its users and cannot entirely prevent postings that are misleading or inaccurate. If we become aware of inaccurate or misleading content, we reserve the right to remove those posts or listings in our sole discretion.

 

For these reasons, you assume the responsibility and risk of your use of the GoListIt service, including but not limited to the risk of inaccurate and misleading listings by other users. You acknowledge that your use of or reliance on the posts or listings on the GoListIt website and service are at your own risk.

 

 

Fees and Commissions

GoListIt charges a rental commission of 15% and a service fee of 15% to the Lender and a rental commission of 15% and a rental commission of 15% to the Borrower on each rental transaction on the GoListIt service. By using the GoListIt service, you agree to pay the rental commission(s) and service fees described in this section. You acknowledge that you are solely responsible for any and all taxes, if applicable, incurred by you from the gross receipts of any rental transactions. The rental commission and service fees described in this section will be due at the beginning of the rental transaction and must be paid in US Dollars. GoListIt reserves the right to change its rental commission and service fees upon written notice to you (including but not limited sending an email to the email account submitted with your user application). If you continue to use GoListIt after changes are made to the rental commission, you agree to be bound by those changes.

 

GoListIt uses a third-party payment processing service called Stripe to process rental fees and commissions. By using the GoListIt service, you agree to be bound by Stripe’s Service Agreement, as amended by Stripe from time to time. You further agree to provide accurate information to GoListIt and Stripe and authorize GoListIt to share your information related to your use of the Stripe service with Stripe.

 

Once you have contacted a user through the GoListIt service concerning the rental of an item listed on the GoListIt service, you may not complete a rental transaction with that user for any item on the GoListIt service other than through the GoListIt service or otherwise attempt to avoid the payment of the GoListIt rental commission (“Payment Avoidance”). If you engage in such Payment Avoidance, you agree to indemnify or reimburse GoListIt for any loss suffered by GoListIt because of the Payment Avoidance and, in addition, to pay to GoListIt a penalty of $150.00 (in US Dollars) for each instance of Payment Avoidance.

 

 

Cancellation of Listings and Transactions

A Borrower may, without penalty, cancel a request to borrow an item on the GoListIt service prior to a Lender’s acceptance of such a request to borrow an item. If a Lender has accepted a Borrower’s request to borrow an item, a Borrower may still cancel his/her/its request by submitting such a request to cancel within forty-eight (48) hours of a Borrower’s original request to borrow the item. However, if a Borrower cancels a request to borrow an item after a Lender has accepted the request, a Borrower will not be refunded any rental commission charged by GoListIt and will be charged a cancellation fee of twenty-five (25%) percent of the rental fee. Borrower agrees to have this cancellation fee deducted from any fees charged, including any rental fee(s) and rental commission. GoListIt reserves the right, at its sole and absolute discretion, but does not assume the obligation to compensate a Lender in such a situation using proceeds from the cancellation fee described in this section.

 

A Lender may, without penalty, cancel a listing of an item on the GoListIt service prior to a Borrower’s request to borrow the item. If a Borrower has requested to borrow an item listed by a Lender, a Lender may still cancel that listing by submitting such a request to cancel within forty-eight (48) hours of a Borrower’s request to borrow the item. However, if a Lender cancels a listing after a Borrower’s request to borrow an item, the Lender will be charged a cancellation fee of twenty-five (25%) percent of the rental fee. Borrower agrees to pay this cancellation fee directly to GoListIt. GoListIt reserves the right, at its sole and absolute discretion, but does not assume the obligation to compensate the Borrower in such a situation using proceeds from the cancellation fee described in this section.

 

If GoListIt, in its sole and absolute discretion, believes that you intend to rent a listed item to damage or steal it or that you are listing a stolen item or items, GoListIt reserves the right to cancel your rental or listed item(s) immediately and to charge you a penalty in the amount of the rental fee plus other damages sustained by GoListIt due to your actions.

 

 

Termination of Your Account and/or Use of GoListIt

You may discontinue your use of GoListIt at any time. GoListIt reserves the right, in its sole and absolute discretion, to terminate your account for a breach of these Terms of Service. If GoListIt terminates your account, GoListIt will notify you by sending a notice to the email associated with your account.

 

 

Your Responsibilities and Liabilities

  1. As a Lender, you are responsible for listing complete and accurate information about your listing, including its condition, including but not limited to any items missing, any broken or non-working functions and any alterations.

  2. Nothing in these terms of service limit your liability for fraud, misrepresentation or negligence.

  3. As a Borrower, you certify that you have funds available in your account to replace the rented item if it is damaged, broken or stolen during the rental period. If you do not have funds available to cover the value of the rented item, do not rent the item. GoListIt reserves the right to determine, in its sole and absolute discretion, a good faith, reasonable replacement amount (after consulting with the Lender and Borrower) for any damaged, broken or stolen item and to deduct that amount from a Borrower’s account if GoListIt has reason to believe that the rented item has been damaged, stolen or broken while in the Borrower’s possession or if the rented item has not been returned within seven days of the end of the rental period.

  4. As a Borrower, you agree to return any rented items no later than 12 noon on the date of return determined in the original rental agreement between you and the Lender. If you fail to return a rented item by 12 noon on the due date described in this section, GoListIt may charge you a late fee in the amount of the full rental fee and rental commission attributable to the Borrower for each day that the item is late. For purposes of this section, GoListIt will measure days by a deadline of 12 noon on the due date, and GoListIt will not give credit for partial days. You acknowledge that GoListIt may deduct such late fees from your account without further permission from you. If GoListIt is required to retain an attorney or a collection agency to recover these funds, you agree to pay the attorney and collection agency fees as well as the late fee(s) described in this section.

 

 

Our Responsibilities and Liabilities

  1. Nothing in these Terms of Service shall limit GoListIt’s liability for fraudulent misrepresentation or for injury or death caused by GoListIt’s negligence.

  2. You have certain rights under the law, and nothing in these Terms of Service are intended to limit those rights guaranteed by law. For more information about your rights, you should seek the advice of a legal professional.

  3. In no event shall GoListIt be responsible for or liable for the actions of Borrowers, Lenders or any other third party that uses the GoListIt service. GoListIt is an intermediary service only and cannot guarantee or control the actions or behaviors of the users of its site. GoListIt is not liable for the acts or omissions of the users of GoListIt and accepts no responsibility for these acts or omissions. More specifically, GoListIt is not responsible or liable for any direct losses incurred by you through use of the GoListIt site or service; any and all indirect losses (even if not forseeable by you at the time of your use of the GoListIt site) including but not limited to loss of opportunity, loss of use or loss of profits; and user content that is posted or listed in violation of these Terms of Service.

  4. GoListIt cannot guarantee an uninterrupted service and may not be able to meet its obligations due to events beyond our control. GoListIt shall not be liable or responsible to the Borrower, Lender or third party user of GoListIt, nor be deemed to have defaulted or breached these Terms of Service, for any failure or delay in fulfilling or performing any term of these Terms of Service when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control which include but are not limited to acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.

  5. To the full extent permitted by law, GoListIt and its agents disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement and disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with GoListIt.

  1. Unless prohibited by law, GoListIt’s aggregate liability under these Terms of Service shall not exceed the total of the amounts paid by you to GoListIt hereunder or $100, whichever is less.

 

 

Indemnification

You agree to indemnify, defend, and hold harmless GoListIt and its officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, “Indemnified Party”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or, expenses of whatever kind, including reasonable attorneys’ fees, fees and the costs of enforcing any right to indemnification under this Terms of Service, and the cost of pursuing any insurance providers, incurred by Indemnified Party arising out of or resulting from any claim of a Lender, Borrower or other party arising out of or occurring in connection with your negligence, willful misconduct, or breach of these Terms of Service.

 

 

Dispute Resolution, Class Action Waiver and Jury Trial Waiver

If a dispute arises between you and another GoListIt user, you agree to release us from any and all claims, known and unknown, arising from your dispute with the other GoListIt user. If such a dispute arises, you may contact GoListIt and request that GoListIt mediate any such dispute. However, GoListIt reserves the right to charge a fee for mediating the dispute up to and including 25% of the rental fee, which may be deducted from the requesting user’s account without further permission from the user.

 

By using GoListIt, you agree to submit any disagreement, claim, or action with or against GoListIt to binding arbitration through the American Arbitration Association or any arbitration service mutually agreed to by you and GoListIt. You further agree that all claims between you and GoListIt will be resolved in an individual arbitration and that there will be no class, representative, or consolidated actions in arbitration. If, for any reason, this arbitration agreement is held unenforceable, then you expressly and knowingly waive your right to a jury trial. This means that a judge instead of a jury will determine any dispute between you and GoListIt.

 

 

Third Party Information

GoListIt may, from time to time, rely upon information, images and product descriptions provided from third parties and utilize services provided by third parties. Such information may be copyrighted or trademarked and used by permission. You may not copy, display, sell the rights to, duplicate, exploit, download or convert the intellectual property of third parties.

 

 

License

If you agree to these Terms of Service, GoListIt grants you a revocable, nontransferable, limited, non-exclusive and non-assignable license to use the GoListIt website and service in accordance with the Terms of Service. You are not authorized to use the GoListIt website and service without a license from GoListIt. You may not copy, display, sell the rights to, duplicate, exploit, download or convert the web pages, computer coding, metadata, services, structure or other intellectual property of GoListIt.

 

 

Messaging Service

GoListIt provides a messaging service that you may use to contact other GoListIt users. However, you may not use the messaging service to violate these Term of Service. This includes but is not limited to sending spam, unsolicited advertising or abusive or obscene messages to other users; creating agreements or coordinating with other users to avoid GoListIt fees; harassing other users or sending messages once another user has requested that you stop messaging them. GoListIt reserves the right to, in its sole and absolute discretion, determine if a user has violated this section.

 

 

Miscellaneous

  1. If any term or provision of these Terms of Service are invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms of Service or invalidate or render unenforceable such term or provision in any other jurisdiction.

  2. By using GoListIt, you agree to the collection, use, storage, and transmittal of your personal information by GoListit. You also agree to receive marketing materials from us unless you communicate to us that you do not want to receive such materials.

  3. GoListIt reserves the right to modify these terms of service at any time for any reason (which may benefit you or be to your detriment), and it is your responsibility to periodically check for changes. GoListIt will provide notice of any material changes to its service by sending an email to the email address on file with GoListIt. If you continue to use GoListIt after changes are made to the Terms of Service, you agree to be bound by those changes.

  4. GoListIt reserves the right to transfer its rights under these Terms of Service to a third party without your consent.

  5. Neither these Terms of Service nor your use of the GoListIt service or site constitute an agency, joint enterprise, partnership or employment relationship between you and GoListIt.

  6. Your responsibilities and liabilities under these Terms of Service shall survive the termination of your use of or account with GoListIt.

  7. You many not assign, transfer, delegate, or subcontract any of your rights or obligations under these Terms of Service without the prior written consent of GoListIt. Any purported assignment or delegation in violation of this Section shall be null and void.

  8. These Terms of Service are binding on and inures to the benefit of the parties to this Agreement and their respective successors and permitted assigns.

  9. These Terms of Service constitute the entire agreement between you and GoListIt, and supersede any prior written or oral communications between you and GoListIt.

  10. Except as otherwise set forth in these Terms of Service, no failure by GoListIt to exercise, or delay in exercising, any of its rights, remedies or powers shall operate or be construed as a waiver thereof.

  11. All notices to GoListIt must be sent to 929 W. Second Street Madison, Indiana 47250. GoListIt will send all notices to the email submitted with your user application. Such notices will be deemed received the business day following the sending of the email.

 

End of Terms of Service