1. The network
BorrowPortal is operated by BorrowPortal Inc., a corporation organised under the laws of the State of New York, with its principal office at 244 Fifth Avenue, Suite 2114, New York, NY 10001.
BorrowPortal is a neighbourhood lending network. We introduce members to one another and keep a record of what was borrowed, from whom, and when it is due back. We are not a party to any loan. The items belong to the members who list them, the agreement to lend is between the two members, and the handoff happens in person without us.
BorrowPortal does not process payments, does not take custody of any item, and does not insure anything listed on the network.
2. Your account
Membership is by application. You must be at least 18 years old, apply under your real name, and give an email address you control and check. One account per person.
You are responsible for everything done through your account and for keeping your password to yourself. Tell us promptly if you believe someone else has access to it.
Approval is at our discretion and can be withdrawn. We may decline an application without giving a reason.
3. Acceptable use
You agree not to
- List anything you do not own outright, or anything you are not lawfully permitted to lend.
- List firearms, ammunition, weapons, prescription medication, medical devices, controlled substances, or anything that requires a licence to operate or possess.
- List a vehicle that requires registration and insurance to operate.
- Use the network to run a rental business, or to advertise goods or services unrelated to lending.
- Harvest member names, addresses or email addresses, by hand or by automated means.
- Harass, threaten, deceive or impersonate another member.
- Interfere with the operation of the service, or attempt to access an account that is not yours.
Items are exchanged between members in person, at a time and place they choose. You are responsible for your own judgement about who you meet and what you hand over.
4. Member content
Listings, photographs, messages and reviews you post remain yours. You grant us a non-exclusive licence to host and display them for the purpose of operating the network.
Reviews are a record of an exchange that happened. They cannot be deleted on request. You may respond to a review about you once, publicly. We remove a review only where it breaks these terms.
We may remove any listing or content that breaks these terms, without notice.
5. Term and termination
You may close your account at any time by writing to us. We may suspend or close an account that breaks these terms, that presents a risk to other members, or that has been dormant for an extended period.
Closing an account does not end an obligation you already have to another member. If you are holding someone else's property, give it back.
We retain records of completed exchanges and of account activity for ten years, in the form described in our privacy policy.
6. Limitation of liability
BorrowPortal is provided as-is. We do not warrant that any member will lend to you, return your property, return it undamaged, or behave honestly.
To the fullest extent permitted by law, BorrowPortal Inc. is not liable for loss of, or damage to, any item lent or borrowed through the network, nor for any indirect, incidental, special or consequential loss. Our total liability arising out of or relating to the service is limited to one hundred United States dollars.
Nothing in these terms limits liability that cannot be limited under applicable law.
7. Governing law and venue
These terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules. The state and federal courts sitting in New York County, New York have exclusive jurisdiction, and you consent to venue there.
7.1 Consumer protection
Nothing in these terms waives any right you have under New York General Business Law § 349, which prohibits deceptive acts and practices. Complaints may be brought to the Bureau of Consumer Frauds and Protection of the New York State Attorney General.
7.2 Dispute resolution
Before starting a formal proceeding, both sides agree to attempt to resolve the dispute in good faith for sixty days. If that fails, the dispute is settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in New York County, New York.
Claims must be brought individually. Class, collective and representative actions are waived. Either party may still bring an individual claim in small-claims court.
8. Email communications
BorrowPortal is an email-based product. Email is how a borrow request reaches you, how a return reminder arrives, and how you learn that your application was decided. By creating an account you consent to receive transactional email from BorrowPortal at the address you provide. By ticking the optional consent box during signup, you additionally consent to receive recurring neighbourhood and product email at that address.
Purpose of emails
Email may include: address verification links, password-reset links, application status notices (received, approved, declined), borrow requests you receive, decisions on requests you sent, handoff and return reminders, review invitations, security notifications, service announcements and, only with your explicit consent, occasional neighbourhood digests and product email.
Email frequency
Frequency follows your activity on the network. A typical active member receives between 4 and 15 transactional emails per month; a member with no open loans may receive none. Optional neighbourhood and product email is limited to no more than 2 messages per month.
Costs
Message and data rates may apply. BorrowPortal does not charge for email. Any data or storage charges levied by your own email provider apply at their standard rates and are not controlled by BorrowPortal.
Unsubscribe and HELP
You can opt out of optional email at any time: use the one-click unsubscribe control your mail client shows, use the Unsubscribe link in the footer of any email, or switch categories off under Settings. Your address is removed from the optional register within 24 hours. For HELP, email help@borrowportal.net or call (929)-460-7318. Transactional email about an active loan or your account security cannot be switched off while the account is open.
Eligibility
Consent to optional email is not a condition of holding an account or of borrowing anything. Recipients must be 18 years or older.
9. Changes to these terms
We may revise these terms. Where a change materially affects your rights we will email you at least 14 days before it takes effect. Continuing to use the network after that date means you accept the revised terms.
10. Contact
BorrowPortal Inc. 244 Fifth Avenue, Suite 2114 New York, NY 10001 help@borrowportal.net (929)-460-7318