FRIENDWITHA TERMS OF SERVICE

Last Updated: 5/29/2021 

Thank you for joining the FriendWithA community. Your use of our https://friendwitha.com website (the "Service") is governed by these Terms of Service (the "Agreement"). By using the Service, you agree to be bound by, and use the Service in compliance with, these Terms of Service. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE THE SERVICE.

The terms "you," "your," and "yours" refer to you, the user of the Service. The terms "FWA," "we," "us," and "our" refer to FriendWithA LLC. This Agreement exists solely between you and FWA. We may periodically make changes to this Agreement. It is your responsibility to review the most recent version of these Terms of Service frequently and remain informed of any changes to it. YOU AGREE THAT YOUR CONTINUED USE OF THE SERVICE AFTER SUCH CHANGES HAVE BEEN PUBLISHED TO THE SERVICE SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH REVISED TERMS OF SERVICE.

Nature of the Service 

The Service allows users to borrow from, and loan goods ("Loaned Items") to other users. Use of the Service may require a compatible mobile device and/or access to a data network. Third party data use fees may apply.

How Borrowing Works

Users register for the Service and find an item for rent listed by an Owner.  The Borrower may then request to rent the item from the Owner for a specified time, including an agreed pickup and return time.  Unless otherwise agreed by Owner and Borrower in writing, all rented items are to be picked up and returned during the rental period specified on the website.  Once reaching agreement, Borrower may then pick up the item from the Owner at the scheduled time.  

All rented items must be returned at or before the time scheduled.  Failure to return a rented item in a timely manner shall be a violation of these Terms of Service and shall result in the imposition of a late fee.  Repeated or prolonged failure to return a rented item or items in a timely manner, in addition to grounds for the imposition of late fees, shall be a violation of these Terms of Service, grounds for termination of the user’s account, and may be reported to law enforcement as possible theft.

Late Fees Rentals dropped two hours after the drop-off day as scheduled on the site, or after the previously agreed upon time to return the item, are subject to a late fee as follows:

For Borrowers of Loaned Items

As a borrower ("Borrower") of a Loaned Item, you are responsible for returning the Loaned Item in the condition it was in when you obtained it (less normal wear and tear). You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you permit to use or otherwise access the Loaned Item.

(a)        Coverage for Borrowers.  As a Borrower you may purchase damage coverage to cover accidental damage to any Loaned Item. This coverage only covers accidental damage caused by normal use of the equipment and does not cover claims arising out of misuse or abuse of the equipment or intentional damage. More information about the specifics of what is covered under FWA’s “Borrower Insurance” and the terms and conditions can be found here: Borrower Insurance

(b)        Claims against Borrower by Owner.  If the owner ("Owner") of a Loaned Item claims and provides evidence that you as a Borrower have damaged a Loaned Item (a "Damage Claim"), the Owner may assert a Damage Claim with FWA. If an Owner makes a Damage Claim to FWA, the Borrower will be provided a reasonable opportunity to respond. FWA will decide as to whether the damage alleged in the Damage Claim was caused by Borrower. FWA’s determination shall be final and binding as between Owner and Borrower with respect to any Damage Claim. Such determination relates to damages to the Borrowed Item only, and not to any other alleged damages, including any damages to property, or third parties. If FWA determines a Borrower is responsible for the Damage Claim, Borrower agrees to pay such amounts as determined by FWA. In the event Borrower fails to pay on a Damage Claim within thirty (30) days of FWA’s decision on a Damage Claim, FWA may seek reimbursement from Borrower to the extent FWA or its insurer (if any) pays out on a Damage Claim.

Borrower may purchase Claim Coverage for liability claims from FWA in advance of any rental. Information about this service can be found here: Borrower Claim Coverage.

FWA is not an insurance company, broker, or agent. FWA is not an insurance provider, broker, or agent. FWA is not licensed in any state or country to be an insurance provider, broker, or agent. All of FWA's damage waiver coverage options are not insurance policies. Any insurance coverage made available to Borrowers or Owners is provided by an independent third-party insurance company or broker. Terms and conditions may apply. For more information see  https://friendwitha.com/insurance/#partner-insurance

Condition of equipment

It is understood FWA is a peer-to-peer equipment sharing application, which allows individuals to “loan” certain equipment to others through FWA’s portal. Some of the equipment may be inherently dangerous, even when used properly. FWA is not responsible for verifying the condition of any equipment offered on FWA’s platform.

TaxesFWA does not collect any sales or use taxes for transactions booked through FWA’s platform. Owners and borrowers are responsible for pay all taxes, whether local, state, or federal, which may be due as a result of the use of FWA’s platform, and any payments made or received.

FWA Not liable for malfunctions in equipment

FWA is not liable for equipment malfunctions or accidents or injuries caused by use of any equipment obtained through FWA’s platform. Borrower is solely and fully responsible for the safe operation of any Equipment obtained through FWA’s platform. Borrower understands Equipment may malfunction and even properly maintained Equipment and such malfunction may cause injury or harm.

Borrower acknowledges they intend to use Equipment obtained through FWA’s platform, which may be inherently dangerous. Borrower acknowledges he/she has been advised to read and review all safety precautions and instructions for any specific Equipment before using the Equipment.

Borrower is responsible for ensuring he or she is comfortable with using the Equipment safely and competent to operate the Equipment safely.

Borrower hereby expressly assumes all risks associated with use of any Equipment obtained through FWA’s platform, website, or mobile application. Borrower acknowledges Equipment available on FWA’s platform may be inherently dangerous, even if used properly.

Borrower agrees use of Equipment involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in property damage, injury or death, and such risks cannot always be predicted or avoided.

Service Fees

FWA charges a service fee for use of its platform. Information on the service fees and how those fees are calculated can be found here:

Borrowing Service Fees -

https://support.friendwitha.com/hc/en-us/articles/360046552651-What-is-the-service-fee-pricing-for-renting-an-item

Owner Service Fees -

https://support.friendwitha.com/hc/en-us/articles/360046116012-What-is-the-pricing-service-fee-to-rent-out-my-equipment-on-FriendWithA

Cancellation of a Rental

FWA charges a cancellation fee for late cancellations. Information on the cancellation fees can be found here.

https://support.friendwitha.com/hc/en-us/articles/360050425492-Cancellation-Fee

Lenders – responsible for maintenance

All owners are required by FWA to verify any loaned equipment listed on FWA’s platform has been properly maintained, and does not include any known material defects. FWA does not perform any independent testing or physical examination of equipment which lenders are offering on FWA’s platform. Borrower’s use of any equipment through FWA’s platform is at borrower’s own risk.

Before each use of any Equipment, Borrower is responsible for conducting a basic safety inspection of the Equipment. Borrower agrees not to use the Equipment if there are any noticeable defects or safety concerns, and to immediately notify customer service to alert FWA of any problems.

If at any time, whether prior to, during, or after riding any Equipment, Borrower discovers any defect or notice any other potentially unsafe condition on any Product, no matter how slight, Borrower shall not use the Equipment.

Lender – indemnification of host

Borrower agrees to defend, indemnify, and hold harmless FWA and Lender from and against any and all consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, attorneys’ fees, judgments, suits settlements, and/or disbursements of any kind, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown, that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any FWA or Lender, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) Your use or misuse of Equipment, (ii) Your breach or alleged breach of this Agreement; (iii) Your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with any Equipment; and (iv) any misrepresentation made by Borrower (all of the foregoing, “Claims and Losses”).

Borrower will cooperate in the defense of any of the foregoing. Notwithstanding the foregoing, FWA retains the exclusive right to settle, compromise, and pay any and all Claims and Losses.

Agreement to Arbitrate/Venue

Any and all claims, of any type or nature, including but not limited to, claims arising out of contract, tort, common law, statute, or regulation, asserted against FWA shall be resolved by binding arbitration by a single arbitrator.

Venue for any such arbitration shall be in King County, Seattle, Washington and by using FWA’s platform and agreeing to these Terms of Service you expressly consent to this venue. By using FWA’s platform you also expressly waive any claims for forum non conveniens and agree to submit all claims to binding arbitration in Seattle, King County, Washington.

The arbitration shall be conducted in accordance with RCW 7.04A. If the parties cannot agree on the identity of an arbitrator, any party may petition in the King County Superior Court for the appointment of a qualified arbitrator. The parties will share in the cost of the arbitration unless the arbitrator determines a party has acted in bad faith.The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

The Parties agree that all communications and evidence related to the dispute will remain confidential, and neither party shall take any action that will harm the reputation of any of the other, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the Parties or entities.

Severability. If an arbitrator or court decides any part of the Agreement to Arbitrate is invalid or unenforceable, the other parts of the Agreement to Arbitrate shall still apply.

Opt-Out Procedure. YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION BY EMAILING US AN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE RECEIVED 30 DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME OR THE COMMENCEMENT OF YOUR FIRST USE OF THE FWA PLATFORM AS AN OWNER OR BORROWER, WHICHEVER DATE IS EARLIEST. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Agreement, these Terms, and its Legal Disputes Section will continue to apply to you.

Judicial Forum for Legal Disputes. Unless the Parties agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate, as a result of a decision by the arbitrator or a court order, or the parties have reserved their rights to pursue legal action in a court of law for actual or threatened intellectual property infringement pursuant to these Terms, you agree that any claim or dispute that has arisen or may arise between the Parties must be resolved exclusively by a state, federal, or small claims court located in Seattle, Washington. Insurance Fees

Lenders - See exact pricing here https://friendwitha.com/things/fee-calculator/#fee-calculator

Borrowers - Click on the item see exact damage coverage fees.

Prohibited Items and prohibited activities

The following categories of items may not be listed on FWA’s platform and any attempt to do so is a violation of these Terms of Service and may result in a user being banned:

For Owners of Loaned Items

(a)        Claim Coverage for Claims by Third Parties. FWA provides Owners with a claim coverage for liability claims made by third parties, which arise directly out of the use of a Loaned Item by a Borrower. The limits of the are One Hundred Thousand Dollars ($100,000.00). For information on how to submit a claim, as well as the terms, conditions, exclusions, including the scope of coverage associated with the Liability coverage can be found here: Loaner Claims.

(b)        Property Coverage for Loaned Items. If a Borrowed Item is not returned by the end of the rental or returned to you in an unsatisfactory condition (less normal wear and tear) you may make a Damage Claim by contacting support@friendwitha.com. Please make sure to supply all supporting documentation (e.g., before and after photos) so that FWA may make an accurate assessment of your Damage Claim. If FWA determines, in its sole discretion, the item was not returned by the borrower, or damage was caused by the Borrower, FWA will pay Owner for damage to the Borrowed Item up to $10,000.00. Claims are limited to damage and theft to the Borrowed Item(s) only, and do not include any consequential, incidental, or other damages, including damage or injury to property or persons.

Third Party Insurance For Professional Camera Equipment. An owner may purchase insurance from an outside platform and rent their equipment on FWA of up to $125,000 for professional camera equipment.

For information on how to submit a claim, as well as the terms, conditions, and exclusions, including what is and is not covered under the Property coverage, refer to and "Loaner Insurance"

For All Users

Users agree to cooperate with and assist FWA in good faith, and to provide FWA with such information and take such actions as may be reasonably requested by FWA, in connection with any Damage Claims or other complaints or claims made by users relating to their borrowing experience via the Service. A user shall, upon FWA's reasonable request and at no cost to the user, participate in mediation or a similar resolution process with another user, which process will be conducted by FWA or a third party selected by FWA or its insurer, with respect to losses for which a user is requesting payment from FWA.

In the event a Borrower damages or destroys a Loaned Item, FWA, in its sole discretion, may offer to pay up to $10,000 of the Loaned Item's value to the Owner. The foregoing sentence is not a guarantee of recompense by FWA for damaged or destroyed Loaned Items.

Violations and Disclosure of Information.

FWA reserves the right to investigate, prosecute, litigate, or refer to law enforcement, any violations of its Terms of Use to the fullest extent permissible by applicable law. FWA may access and disclose your information if we are permitted or required to do so by law under the following circumstances: (1) it is necessary to respond to claims asserted against FWA; (2) to comply with legal process (for example, subpoenas or warrants); (3) to enforce or administer these Terms of Use; (4) to prevent fraud; or (5) for such other lawful purpose as may be required.

FWA reserves the right to remove or disable access to any content FWA, at its sole discretion, considers objectionable for any reason. FWA is not required to provide advance notice to a user of such action. In the event of a violation of our Terms of Use, FWA may limit, suspend, or terminate your account and access to our services, remove hosted content, deny a claim for coverage, remove, and demote your listings, reduce, or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.

Late Fees - Collection.

By providing a payment method to FWA, you are expressly authorizing FWA, and any third-party service providers, to retain your payment credential information for future use in the event you owe FWA any money. FWA may use the stored payment credentials to pay any outstanding balances you may owe, including, but not limited to: rental fees, late fees, security deposits, claims, costs, and related administrative fees. For any items that are returned late, 125% of the daily rental rate will be charged until the item is returned.

FWA reserves the right to retain a collection agency or legal counsel to collect any debts you may owe arising out of your use of FWA services.  FWA, or the collection agencies FWA retains, may report information about your FWA Account to credit bureaus, including any late payments, missed payments, or other defaults, and this information may be included on your credit report.

You explicitly authorize FWA and any collection agent working on its behalf to contact you by phone or email.

If you wish to dispute any information FWA reports to a credit bureau (Experian, Equifax, or TransUnion), please contact FWA.

If you wish to dispute the information a collection agency reported to a credit bureau regarding your FWA Account, you must contact the collection agency directly.

Theft

All claims of theft require: 1) a copy of a filed police report; 2) confirmation of the police report filing and a criminal investigation by law enforcement; and 3) any information or footage that can help provide details of the theft for FWA’s investigation of the claim.

FWA may contact law enforcement and report a borrowed item as stolen where: The following conduct may result in the reporting of the item you have borrowed as stolen to law enforcement:

If FWA reports an item as stolen, you are possibly subjecting yourself to arrest, civil and/or criminal penalties, and voiding of your coverage and/or protection plan.

If FWA finds you at fault for theft of an item, FWA will charge an administration fee of $500 to open a case against you. The $500 plus any hours FWA, collection agency or legal spends attempting to track down the item. FWA charges $300 per hour, the collection agency and legal/attorney fees are charged at their typical hourly rate.

Repossession.

FWA (directly or through a third party) or the Lender may repossess any item booked through the FWA platform at the Borrower’s expense, if the item is not returned by the end of the reservation or used in violation of applicable law or these Terms.

Missing Equipment.

In the event any equipment you book through FWA’s services, which goes missing or is stolen, you must immediately contact the Lender and file a police report within 24 hours. You must also cooperate fully with the Lender, law enforcement, FWA, and other authorities in all matters related to any associated the investigation.

FWA’s Role

FWA’s responsibilities are limited to: (i) facilitating the availability of the platform; and (ii) serving as the limited payment collection agent of each Owner or Borrower for the purpose of accepting payments from the Borrower or third-party cardholder and/or bank account holder on behalf of the Owner, while assessing any applicable rental fees, transaction fees, rental cancellation fees, late rental drop-off fees, or other charges or costs associated with the transaction.

Use of the Service

The Service is protected by applicable intellectual property laws, including United States copyright law and international treaties.

Except as otherwise explicitly provided in these Terms of Service or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Service; (b) rent, lease, or sublicense access to the Service; nor (c) circumvent or disable any security or technological features or measures of the Service.

Access and Modifications to the Service

We do not provide you with the equipment to access the Service. You are responsible for all fees charged by third parties to access the Service (e.g., charges by mobile device service providers). We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

We also reserve the right, in our sole discretion, to reject, refuse to post, or remove any posting by you, or to restrict, suspend, or terminate your access to the Service at any time, for any or no reason, with or without prior notice, and without liability.

You must be 18 years old or older and a resident of the United States to register as a user or to use the Service. If you are a parent and your child has used the Service without your permission, please contact us at legal@friendwitha.com for further assistance.

Registration. To access certain features of the Services, you must sign up for an account with us (a “FWA Account”) by providing your email address, mailing address, telephone number, and creating a password. All information must be accurate and current. Where permitted, FWA has the right, but not the obligation, to undertake screenings, checks, and processes designed to help verify or check the identities and/or backgrounds of users and items, including driving history and driver’s license validity. If you provide false or incorrect information, FWA reserves the right to suspend or terminate your account.

Consumer Report Authorization.

You authorize FWA, in accordance with the Fair Credit Reporting Act and applicable consumer reporting laws, to obtain your personal and/or business auto insurance score and/or credit report. You also authorize FWA to conduct a background check, including a criminal background check, where permissible under applicable law.

Communications

By registering an account with FWA, you consent to receive digital communications from FWA. These communications may include notices about your account and are part of your relationship with us. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

Payments

Payments for Loaned Items obtained through our Service are provided by our third-party payment processor, Stripe. Please see Stripe's Services Agreement  for any questions about payment processing.

By providing a credit or debit card, you represent and warrant that you are authorized to use the designated payment method and that you authorize or our third-party payment processor to charge your payment method for the total amount of your Loaned Item (including any applicable taxes and other charges) (collectively, as applicable, an "Order"). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or canceled.

Restrictions

You must comply with all applicable laws when using the Service. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works; or other content made available by FWA or its users on the Service ("Content") or compile or collect any Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Service or store, copy, modify, distribute, or resell any Content; (c) rent, lease, or sublicense your access to the Service to another person; (d) use the Service or Content for any purpose except for your own use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Service; (f) use the Service in a manner that threatens the integrity, performance, or availability of the Service; or (g) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Service or Content.

Links and Third-Party Content

The Service may contain links to third party products, services, and websites. We exercise no control over the third-party products, services, and websites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third-party products, services, and websites. We are not responsible or liable, directly, or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third-party products, services, and websites.

Submissions

The Service allows you and other third parties to post information to the Service. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Service are those of the respective authors or producers and not of FWA, or its officers, directors, or employees.

You agree that FWA is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each, a "Submission"), without further compensation, acknowledgement, or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Service and our products and services. Furthermore, by posting any Submission on the Service, submitting information to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute, and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future. By posting or providing a Submission or information, you represent and warrant that: (i) you own all right title and interest in your Submissions or otherwise have the right to grant the license set forth herein, and (ii) the posting of your Submissions on or through the Service does not (and will not) violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay all royalties, license fees and any other monies owing any person by reason of any Submission posted by you on or through the Service.

Use Restrictions

You are solely responsible for any content and other material that you submit, publish, or display on the Service or transmit to third parties.

You will not use the Service to: (a) upload, post, email, or otherwise transmit any information that contains personally identifying information, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm FWA or third parties in any way; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, or otherwise transmit any information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post, email or otherwise transmit any information that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (f) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation; (g) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (i) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (j) "stalk" or otherwise harass another; (k) collect or store personal data about other users.

If you see content on the Service that violates these use restrictions, please contact FWA at legal@friendwitha.com .

In the event of a conflict or inconsistency between the explanation of damage or liability coverage in these terms and the policy offered to the FWA community, the policy language controls.

Limitation on Damage Claims Against FWA

By agreeing to these Terms of Service, users of the FWA platform expressly agree they will not be entitled, under any circumstances, to an award of incidental or consequential damages, including but not limited to lost profits, for any claims asserted against FWA, whether arising in contract, tort, common law, statute, or regulation.

Liquidated Damages

You acknowledge actual damages likely to result from your breach of these Terms of Service may be difficult to establish accurately and would be difficult for FWA to prove with certainty. At FWA’s sole and exclusive option, in an action or claim by FWA against a user for breaching any provision of the Terms of Service, FWA shall be entitled to either (a) actual damages; or (b) liquidated damages in the amount of $2,500. This amount is not intended as a penalty for any such breach, but rather as a reasonable estimate where actual damages are difficult or impossible estimate accurately and/or prove with certainty. This liquidated damage provision is a fundamental element of the basis of the bargain between FWA and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.

Disclaimer of Warranties

FWA DOES NOT ASSUME LIABILITY FOR LOANED ITEMS. FWA DOES NOT SCREEN BORROWERS, OWNERS, OR THEIR LOANED ITEMS. YOU ARE SOLELY RESPONSIBLE FOR THE PROPER USE OF ANY LOANED ITEM YOU PROCURE FROM THE SERVICE.

YOUR USE OF THE SERVICE AND CONTENT IS AT YOUR SOLE RISK. THE SERVICE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FWA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE AND CONTENT, AND YOU RELY ON THE SERVICE AND CONTENT AT YOUR OWN RISK. ANY MATERIAL OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FWA OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. FWA MAKES NO WARRANTIES WITH RESPECT TO ASPECTS OF THE SERVICE PROVIDED BY THIRD PARTIES. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY LOANED ITEMS, SERVICES, PRODUCTS, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FWA BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SERVICE OR THE ORDER, RECEIPT OR USE OF ANY LOANED ITEM, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM FWA OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FWA'S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF FWA ARISING OUT OF OR IN ANY WAY RELATED TO THE ORDER, RECEIPT, OR USE, OF ANY LOANED ITEM PURCHASED FROM FWA, EXCEED THE AMOUNT PAID FOR SUCH LOANED ITEM. THE FOREGOING LIMITATION SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE FWA'S SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE FWA FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH FWA PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.

Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at legal@friendwitha.com and provide our copyright agent, in writing, the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on the Service where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Indemnity

You will indemnify and hold FWA, and its subsidiaries, affiliates, officers, agents, and employees (the "Indemnified Parties"), harmless from any costs, damages, expenses, and liability caused by your use of the Service, Content, Loaned Items, your violation of this Agreement, or your violation of any rights of a third party through use of the Service, Content, or Loaned Items. For the sake of clarity, this indemnity will cover any claims against the Indemnified Parties arising in connection with personal injury or death occurring in connection with the use of, or exposure to, Loaned Items by you or your representatives (e.g., your spouse or family members) or received by you or your representatives (e.g., members of your family, caregivers, your children, or other children under your care).

Disclosure of Background Check/Consent

In an effort to try to protect against potential fraud or other wrongful conduct by users of its platform, FWA performs background checks on all users who submit an ID for verification.

FWA uses a third-party service to check publicly available information for all its users, which includes but is not limited to, court records and criminal history, if any. No information obtained through this background check will be shared or disclosed to any person or third party, except as may be required by law enforcement or by a court of law with appropriate jurisdiction or as may be strictly required to respond to bank disputes or chargebacks for payments made.

FWA reserves the right to terminate a user’s account with FWA for any reason, including but not limited to, the results of a background check or any violations of the Terms of Service.

BY CLICKING “ACCEPT” ON THE TERMS OF SERVICES, YOU ARE CONSENTING TO ALLOWING FWA TO PERFORM A BACKGROUND CHECK ON YOU.

Updates to the Service and Terms of Service

We may occasionally update the Service and these Terms of Service. When we do, we will revise the "last updated" date on these Terms of Service. You should check the Service and these Terms of Service frequently to see recent changes. Your continued use of the Service after such changes will be subject to the then-current terms of service. This version of these Terms of Service shall supersede all earlier versions.

Legal Notices

Enforcement of these Terms of Service is governed by Washington law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms of Service or your use of the Service will lie in the State and Federal courts located in King County, Washington, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of FWA to enforce any right or provision in these Terms of Service will not constitute a waiver of such right or provision unless acknowledged and agreed to by FWA in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Service to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.

Contacting FWA

If you have any questions or concerns about the Service or these Terms of Service, please send us a thorough description by email to legal@friendwitha.com.