ShareRound Terms of Use

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN AN ASSUMPTION OF RISK, A RELEASE, A LIMITATION OF OUR LIABILITY, AND AN OBLIGATION TO INDEMNIFY US. THEY LIMIT REMEDIES THAT WOULD OTHERWISE BE AVAILABLE TO YOU AND AFFECT HOW DISPUTES ARE RESOLVED. SECTIONS 5 THROUGH 10 AND SECTION 15 ARE PARTICULARLY IMPORTANT.

1. Who we are and what this agreement is

ShareRound (“ShareRound,” “we,” “us,” or “our”) operates a mobile application and website (together, the “Service”) that lets people catalog the things they own and keep track of what they have lent to, or borrowed from, other people.

These Terms of Use (the “Terms”) are a binding contract between you and ShareRound. You agree to them by affirmatively accepting them when you create your account, as described just below, and your continued use of the Service confirms that agreement. If you do not agree, do not use the Service.

How you accept these Terms

You accept these Terms by checking the box, or clicking or tapping the button, identified on our sign-up screen as your agreement to them, and by then creating your account. That action is your signature. We keep a record of it, including the date and time, the version of these Terms and of the Privacy Policy in effect, and basic technical details of the device you used, so that either of us can later establish what you agreed to and when.

If you do not check that box or click that button, we will not create an account for you and you may not use the Service. If we materially change these Terms, we may require you to accept the updated version before you continue. See Section 16.3.

Who we are

“ShareRound” includes the individual, entity, or entities that own or operate the Service from time to time, and their respective owners, members, managers, directors, officers, employees, contractors, agents, licensors, successors, and assigns (together, the “ShareRound Parties”). Every disclaimer, release, limitation of liability, and indemnity in these Terms runs to the benefit of all of the ShareRound Parties, and each of them may enforce it.

2. What ShareRound is, and what it is not

ShareRound is a record-keeping and directory tool. What we provide is software. Everything else on the Service, including the items, the listings, and the people, comes from users.

ShareRound is not a party to any lending, borrowing, rental, sale, gift, exchange, or other arrangement between users. Without limiting that, ShareRound does not:

Any decision to lend an item to, or borrow an item from, another person is yours alone, and any resulting arrangement is between you and that person only. You are solely responsible for deciding whether to meet, deal with, or trust another user, and for satisfying yourself about any item before you use it.

Nothing on the Service is a representation, warranty, endorsement, or recommendation by ShareRound about any user, item, or arrangement. Ratings, listings, descriptions, photos, and comments are supplied by users, not by us.

3. Eligibility and your account

4. Your responsibilities when lending and borrowing

These are your obligations to other users. They are not obligations owed to ShareRound, and ShareRound has no duty to enforce them.

5. Custom borrowing terms are between you and the other user

The Service lets you attach your own notes and conditions to an item, such as a return date, care instructions, or a statement about who bears the cost of damage (“Custom Terms”).

Custom Terms are informational features of the software. They are provided to help you and another user record expectations. ShareRound does not draft, review, approve, verify, interpret, enforce, or mediate Custom Terms, and takes no position on whether any Custom Terms create rights or obligations between you and another user. Whether Custom Terms have any legal effect is a matter between you and the other user and depends on facts and law outside our knowledge and control.

ShareRound is not a party to, beneficiary of, guarantor of, or witness to any Custom Terms, and has no obligation of any kind arising from them.

6. Assumption of risk

YOU UNDERSTAND THAT LENDING AND BORROWING PHYSICAL ITEMS, AND MEETING OTHER PEOPLE IN PERSON, INVOLVE INHERENT RISKS, INCLUDING THE RISK OF PROPERTY DAMAGE, THEFT, LOSS, FINANCIAL LOSS, PROPERTY DESTRUCTION, BODILY INJURY, ILLNESS, AND DEATH. YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL SUCH RISKS AND ACCEPT SOLE RESPONSIBILITY FOR THEM.

Those risks include, without limitation: items that are defective, unsafe, recalled, contaminated, mis-described, or unfit for their intended use; items that are damaged, lost, stolen, or never returned; injury or property damage arising out of the transport, handling, use, or misuse of an item; users who are dishonest, unreliable, uninsured, judgment-proof, or dangerous; and harm arising out of any in-person meeting.

You are solely responsible for deciding whether you are adequately insured for the items you lend and borrow, and for the activities you undertake. ShareRound provides no insurance and no coverage of any kind.

7. Release

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE THE SHAREROUND PARTIES FROM, AND AGREE NOT TO SUE THEM FOR, ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES OF EVERY KIND, WHETHER KNOWN OR UNKNOWN, DIRECT OR INDIRECT, IN CONTRACT OR TORT, AND WHETHER FOR PROPERTY DAMAGE, ECONOMIC LOSS, BODILY INJURY, OR DEATH, ARISING OUT OF OR RELATING TO (A) ANY ITEM LISTED, LENT, BORROWED, OR USED, (B) ANY ARRANGEMENT, COMMUNICATION, MEETING, OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY, OR (C) THE CONDUCT OF ANY OTHER USER OR THIRD PARTY.

If you are a California resident, you expressly waive California Civil Code section 1542, which reads: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are not a California resident, you waive the protection of any comparable law of any other jurisdiction.

Limits on this release. This release does not apply to, and nothing in these Terms purports to release or limit, liability for fraud, willful injury to the person or property of another, gross negligence, violation of law whether willful or negligent, or any other liability that cannot lawfully be released or limited under applicable law.

8. Disclaimer of warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SHAREROUND PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, secure, error-free, or free of data loss, that any content or record on the Service is accurate or complete, or that any data will be preserved. You are responsible for keeping your own copies of anything important to you.

9. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SHAREROUND PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST DATA, LOSS OF USE, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER OR NOT WE WERE ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE SHAREROUND PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE TOTAL AMOUNT YOU PAID US, IF ANY, FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Limits on this section. Nothing in this Section 9 limits or excludes liability for fraud, willful injury to the person or property of another, gross negligence, violation of law whether willful or negligent, death or personal injury caused by our own negligence, or any other liability that cannot lawfully be limited or excluded under applicable law. If any part of this Section 9 is held unenforceable, the remainder will continue to apply to the maximum extent permitted.

These limits reflect an allocation of risk that is a fundamental element of the basis of the bargain between you and us, and they apply even if a limited remedy is found to have failed of its essential purpose. The Service is currently provided free of charge.

10. Your indemnity

To the fullest extent permitted by law, you will defend, indemnify, and hold harmless the ShareRound Parties from and against any claim, demand, proceeding, loss, liability, damage, penalty, cost, or expense (including reasonable attorneys’ fees and costs) arising out of or relating to:

We may assume exclusive control of the defense and settlement of any matter subject to this Section, at your expense, and you will cooperate with us. You may not settle any matter in a way that imposes any obligation on, or admits fault by, any ShareRound Party without our prior written consent.

11. Managed Profiles: information about people who are not users

The Service lets you create a placeholder record for someone who does not have a ShareRound account, so you can track what you have lent to or borrowed from that person (a “Managed Profile”). A Managed Profile may include the person’s name and, if you choose to enter it, an email address or phone number.

Managed Profile information is designed to be visible only to you unless and until that person creates an account and claims the profile. We do not display it to any other user, but we do not warrant that it cannot become accessible through error, a security incident, or legal process. Either way, you are entering another person’s personal information into someone else’s system, and that carries obligations.

By creating a Managed Profile, you represent and warrant that:

You are the party responsible for the Managed Profile information you enter, and you indemnify us for it under Section 10. We do not use Managed Profile information to contact the person, to market to anyone, or for any purpose other than displaying it back to you and operating the Service. A person described in a Managed Profile may contact us at privacy@shareround.org, and if they ask us to remove or restrict information about them we may do so without notice to you.

12. Your content and the license you give us

You keep ownership of the photos, descriptions, comments, and other material you submit (“Your Content”). You represent that you have the right to submit it and that it does not infringe or violate anyone’s rights.

You grant ShareRound a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, modify (for formatting and display), publish, and display Your Content solely as needed to operate, provide, secure, and improve the Service and to display it to the people you have chosen to share it with. This license ends a reasonable time after you delete Your Content or your account, except for copies retained in routine backups, in records of activity involving other users, or as required by law.

We may remove, restrict, or decline to display any content at any time, in our sole discretion, with or without notice. We have no obligation to monitor, review, screen, or remove any content.

If you send us feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use them for any purpose without obligation or compensation to you.

13. Prohibited uses and prohibited items

You may not use the Service to:

This list is illustrative, not exhaustive. We may add to it at any time. We may, but are under no obligation to, monitor use of the Service or take action against violations.

14. Suspension, termination, and what happens to your data

You may stop using the Service and delete your account at any time in the app’s settings.

We may suspend, restrict, or terminate your account or the Service, in whole or in part, at any time, with or without cause and with or without notice, in our sole discretion. We may also discontinue the Service entirely. Because the Service is provided free of charge, you agree that we have no liability to you for doing so.

When an account is closed, the profile and its items are removed from other users’ views. Records of past activity involving other users, such as the fact that an item was lent on a particular date, may remain visible to those users, and we may retain information as described in our Privacy Policy and as needed to comply with law, prevent fraud or abuse, and establish, exercise, or defend legal claims.

Sections 1 through 13 and 15 through 21 survive termination, along with any other provision that by its nature should survive. Section 12 survives only as to the retained copies described in that Section.

15. Disputes between users; legal process; records

15.1 We are not your record-keeper or your witness

The Service is a convenience tool for you, not an evidentiary system. We make no representation that any record on the Service is accurate, complete, tamper-evident, authenticated, or admissible, and we do not maintain records for the purpose of proving anything in a dispute between users.

ShareRound has no obligation to preserve, retain, restore, produce, certify, authenticate, or testify about any record, communication, account, or item information in connection with any dispute between users or with any third party. We delete and overwrite data in the ordinary course under our retention practices, and we are under no duty to depart from them for your benefit.

15.2 Keep us out of your disputes

You agree not to name, join, implead, or serve any ShareRound Party as a party, witness, custodian of records, or expert in any claim, arbitration, mediation, or proceeding between you and another user or any third party, except where doing so is required by law and cannot be avoided.

If any ShareRound Party receives a subpoena, discovery request, court order, or other legal process concerning you, your account, another user you dealt with, or an item or arrangement involving you, then, to the extent permitted by law:

15.3 If you have a dispute with ShareRound

Contact us first at cordell@shareround.org with a written description of the dispute and the relief you seek. We will try in good faith to resolve it informally. If it is not resolved within thirty (30) days, both sides will attempt mediation before a single mediator chosen by mutual agreement, with the mediator’s fees shared equally, before filing suit. This paragraph does not apply to claims in small claims court, to requests for injunctive or other equitable relief to protect intellectual property or Service security, or where a filing deadline would otherwise expire.

15.4 Individual claims only

To the fullest extent permitted by law, you and ShareRound each agree to bring claims against the other only in an individual capacity, and not as a plaintiff, claimant, or class member in any purported class, collective, consolidated, coordinated, or representative proceeding. This Section 15.4 does not apply to, and does not waive, any claim for public injunctive relief, which may be brought in court. If this Section 15.4 is held unenforceable as to a particular claim or form of relief, it remains in effect as to all other claims and forms of relief.

15.5 Reference of disputes

Any claim between you and ShareRound that is filed in a California state court and is not resolved under Section 15.3 will, at either party’s election, be heard by a referee under California Code of Civil Procedure sections 638 through 645.1, with the referee to try all issues, whether of fact or law, and to report a statement of decision. The parties will share the referee’s fees equally unless the court orders otherwise. This Section is severable; if it is not enforced, the claim proceeds in court in the ordinary course.

15.6 Time limit

To the fullest extent permitted by law, any claim you bring arising out of or relating to these Terms or the Service must be filed within one (1) year after it accrues, or it is permanently barred. This Section does not apply where a shorter limitations period is prohibited by law, and does not apply to claims for personal injury or death.

16. Changes to the Service, to these Terms, and to how ShareRound operates

16.1 The Service is free today; that may change

The Service is currently offered free of charge. We reserve the right, at any time and in our sole discretion, to change the Service; to introduce paid features, subscriptions, fees, commissions, transaction charges, or advertising or sponsored content; to offer or discontinue any feature; and to establish limits on use. Nothing in these Terms is a commitment that the Service will remain free, will remain available, or will operate under any particular business model. We will give you notice before any fee first applies to you.

16.2 We may reorganize, transfer, or assign

ShareRound may, without your consent and without notice, assign or transfer these Terms and all rights and obligations under them, and may transfer the Service and all associated data and accounts, to any successor, affiliate, purchaser, or other entity, including in connection with forming a company or nonprofit organization, a reorganization, a merger, an acquisition, a sale of assets, an affiliation with or transfer to a nonprofit or charitable organization, a fiscal sponsorship, or a bankruptcy. Nothing in these Terms commits ShareRound to operate as a for-profit business, as a nonprofit, or in any particular legal form. You may not assign or transfer these Terms.

16.3 Changes to these Terms

We may update these Terms. We will post the updated Terms with a new “Last updated” date and, for material changes, will give you at least thirty (30) days’ advance notice by email or in-app notice before they take effect, and may ask you to accept them. If you do not agree to the updated Terms, your remedy is to stop using the Service and delete your account before the effective date.

No change to these Terms will apply to any claim, dispute, or cause of action that arose or accrued before the effective date of that change.

17. Privacy

Our Privacy Policy, available at www.shareround.org/privacy.html, describes what information we collect, how we use it, and the choices and rights you have. It is incorporated into these Terms by reference. Please read it.

18. Intellectual property

The Service, including its software, design, text, graphics, and the ShareRound name and logo, is owned by ShareRound and its licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for your own personal, non-commercial use. All rights not expressly granted are reserved.

ShareRound respects the intellectual property rights of others. If you believe material on the Service infringes your copyright, send a notice to cordell@shareround.org. Your notice must include the elements required by 17 U.S.C. § 512(c)(3). We will remove or disable access to material we determine to be infringing. We have adopted and will reasonably implement a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers.

19. Governing law and venue

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of California, without regard to its conflict of laws rules. Subject to Sections 15.3 and 15.5, you and ShareRound consent to the exclusive jurisdiction and venue of the state and federal courts located in Marin County, California, and waive any objection to that forum. Nothing in this Section limits your right to bring an individual claim in small claims court, or to have your claim heard in any forum where applicable law gives you a non-waivable right to be heard.

20. General

21. App store terms

If you obtained the ShareRound app from the Apple App Store, the following apply and Apple Inc. and its subsidiaries are third-party beneficiaries of this Section with the right to enforce it against you:

If you obtained the app from the Google Play Store, you acknowledge that these Terms are between you and ShareRound only, not with Google, and that Google is not responsible for the app or its content.

Questions about these Terms: cordell@shareround.org