- To be eligible to use this site, you must be of legal age under the laws of your state or country of residence. You should also be of a sound mind and legally capable of entering into contracts.
- You are responsible for any activity that occurs under your username and are responsible for keeping your password secure. iLetYou will not be liable for any claims or damages arising out of a user’s failure to inform it about unauthorized use of its username or password or any other breach of security.
- You must not abuse, harass, threaten, impersonate or intimidate other iLetYou users through your use of iLetYou and its services.
- You must not use the iLetYou service for any illegal or unauthorized purpose.
- You are solely responsible for your conduct and any data, files, text, information, screen names, graphics, photos, profiles, audio and video clips, links or any other material (“Content”) that you submit, post, display on, transmit through or link from the iLetYou service.
You must not take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Site or for using it for purposes unrelated to iLetYou);
- You must not modify, adapt or hack into iLetYou or modify another website so as to falsely imply that it is associated with iLetYou.
- You must not create or submit unwanted and unsolicited email to any iLetYou members (“Spam”).
- You must not transmit any worms or viruses or any code of a destructive nature that can cause harm to iLetYou or any of its users.
- You must not, through the use of iLetYou and its services violate any laws in your jurisdiction or violate any rights of third parties
- Your account is intended for personal or organizational use. You must not share it with other users.
- You must not harvest or otherwise collect information about users, including email addresses, without their consent.
- You must not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the service.
- We reserve the right, at our sole discretion, to modify iLetYou and to modify or terminate the iLetYou service for any reason, without notice at any time.
- We reserve the right, at our sole discretion, to amend this agreement at any time. Such an amendment will take effect immediately upon the posting thereof on iLetYou. You must review this agreement on a regular basis to keep yourself apprised of any changes.
- We reserve the right to refuse service to anyone for any reason at any time.
We may remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene, misleading or otherwise objectionable or violates any party’s intellectual property rights or this agreement. While iLetYou prohibits such content on its site, you understand and agree that iLetYou cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the iLetYou service at your own risk.
The failure of iLetYou to enforce any provision of this agreement does not constitute a waiver of that provision.
Fees and Services
Joining iLetYou and setting up an account is free. We do charge fees for other services, such as separate revenue share and payment processing fees * generally represented as a percentage of any base rental fees excluding applicable sales tax if any, upon successful rental through our Site based upon terms located in My Account: Plan.
Our Fees and Credits Policy is available and is incorporated into this Agreement by reference. We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days’ notice of the changes by posting the changes on the Site. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events and such changes are effective when we post the temporary promotional event on the Site. We may at our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.
iLetYou is a Venue
iLetYou is not a traditional rental store. The Site acts as a venue to allow anyone to rent or rent out anything, at anytime, from anywhere, in a variety of pricing formats, including fixed price, bundle price and subscription plan pricing. We are not involved in the actual transaction between renters and stores. As a result, we have no control over the quality, safety or legality of the items advertised the truth or accuracy of the listings, the ability of stores to rent items or the ability of users to return the items. You agree that iLetYou shall not be responsible or liable in any way for any claims or damages arising out of your dealings with other users of the service or incurred as a result of the information contained on the website.
We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, iLetYou cannot and does not confirm each user’s purported identity. Thus, we have established a user-initiated feedback system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential users and stores through the tools available on the Site.
In the event that you have a dispute with one or more users or stores, you release iLetYou (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You waive your rights under California Civil Code §1542 (and other similar laws), which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
We do not control the information provided by other users that is made available through our system. In case you find other users’ information to be offensive, harmful, inaccurate, or deceptive you agree not to hold us liable in any way for the same. The use of iLetYou also involves the risk of dealing with underage persons or people acting under a false pretense. By using this Site, you not only agree to accept such risks but also agree to release iLetYou from any liability for the acts and/or omissions of the Users of this website.
Each user account on iLetYou includes the immediate option to start a store on iLetYou for the purpose of renting items to other users on iLetYou. iLetYou reasonably reserves the right at its sole discretion to request the review of any items listed on iLetYou, particularly custom items. Stores must supply items for review at no cost to iLetYou in a timely manner on receiving such request. Failure to do so would cause the removal of the concerned listings.
Stores may not direct traffic directly to their stores through affiliate links, nor earn affiliate commissions on any rentals through their own store. Any affiliate payment inadvertently earned by linking to their own store may be deducted from store earnings.
Stores bear responsibility for payment of transaction fees as stated in My Account: Plan if the store elects for payment of rental fees earned, irrespective of the success of the final rental or any subsequent refunds for any reason. Stores may choose to apply rental fees to the rental of other items on iLetYou and incur no payment transaction fees. iLetYou may or may not refund payment transaction fees at its sole discretion.
iLetYou reserves the right to seek monetary damages for any excessive fees (credit card fees, chargebacks, other financial activity) or other damage deemed to be borne from a store’s failure to fulfill its agreements with its renters.
As a store, you are obligated to ship the item as prescribed on the site immediately upon receipt. As a renter, you are obligated to ship the item back as prescribed, unless otherwise agreed upon or given extended rentals either in writing or on the Site, between the user and the store. All listed items must be listed in an appropriate category.
You agree to accurately represent, and communicate through the Site, rental status and dates in the various stages of rental. Rental due date is calculated from the date the item is mailed by the store by adding the original rental period, any extended rental periods if applicable and 3 days for transit (subject to change or variable settings according to shipping distance), not including Sundays or USPS holidays. The rental due date is the date the rental must be secured in a US Postal Service mailbox by the renter. Items may be charged extended rental fees if the store does not receive the item by 3 days (subject to change or variable settings according to shipping distance) after the rental due date, not including Sundays or USPS holidays. If rental status is not properly represented, rental status and dates may be set at the sole discretion of iLetYou in order to arbitrate disputes between a store and a renter.
Store is responsible for providing means of postage and return packaging when renting out items. No refunds or allocations will be made for postage cost. We do not assume liability in case of postage rate increase by postal service.
Without limiting any other remedies, iLetYou may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site, which may include misrepresentation of rental status and dates.
Items for rent on iLetYou are for home use only and stores may not make any representation otherwise. Renters are solely responsible for any damages that may arise from commercial or outside the home use of rented items.
Users may not illegally copy rented items. Stores may not list or rent out illegally copied items. A user’s access to the Site or Services may be immediately terminated in the event the user uses the Site or Services for illegal purposes or makes unlawful copies of items or unlawfully distributes items. You acknowledge and agree that you have valid title and ownership rights to any items that you make available on the Site or Service.
Rental Fees are set at the store’s sole discretion, plus applicable sales tax if any. You may be charged extended rental fees for additional rental periods at the same rental rate for items not returned as agreed upon.
Any store subscription will be automatically renewed on a monthly basis at the amount set at the store’s sole discretion, plus applicable sales tax if any. We will bill the monthly subscription fee plus any applicable tax to your account or your default Payment Method. Your subscriptions will automatically renew monthly, without prior notice to you, unless and until you cancel your membership or iLetYou or the store terminates it.
You may cancel your store subscriptions at anytime, and cancellation will be effective immediately. No refunds or credits are given for partial-month subscription periods. To cancel, click the word “Cancel” on the My Account: Queue page. You will be required to return items within 7 days following any cancellation of any subscription or be subject to charge for unreturned items.
Also, you may be charged for items that you lose as we may determine in our sole discretion and your account may be placed on hold for review. We will alert you of any potential charges prior to charging you.
You may elect to receive payment related to the number of completed rentals and fee schedule on iLetYou. Unless specified otherwise in your user profile, you shall be sent by iLetYou within sixty (60) days after the end of each calendar month the rental revenue as accumulated if your earned balance is $100 or more. In no event shall iLetYou make payments for any earned balance less than $100. iLetYou reserves the right, in its sole discretion, to withhold payment or charge back your account due to any breach of this agreement by you, pending iLetYou’s reasonable investigation of any breach of this agreement by you. In addition, if you are past due on any payment to iLetYou in connection with any iLetYou accounts or stores, iLetYou reserves the right to withhold payment until all outstanding payments have been made or to offset amounts owed to you. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account. For U.S. taxpayers, this information includes without limitation a valid U.S. tax identification number and a fully-completed Form W-9. Any bank fees related to returned or cancelled checks due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your store activity. iLetYou may change its pricing and/or payment structure at any time. If you dispute any payment, you must notify iLetYou in writing within thirty (30) days of any such payment. Failure to so notify iLetYou shall result in the waiver by you of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by iLetYou. The payments made under this Agreement are for use by you only and may not be transferred or in any manner passed on to any third party (i.e., distributed to stores managed by you that require separate payments) unless expressly authorized in writing by iLetYou (including by electronic mail).
“Your Information” is defined as any information you provide to us or other users in the registration, listing process, in any public message area (including comment, review or feedback areas) on the site or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for the online distribution and publication of Your Information.
Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate, misleading or impersonating; (b) be fraudulent or involve the rental of illegally copied, counterfeit or stolen items; (c) infringe any third party’s copyright, patent, trademark, trade secret, right to privacy or other proprietary rights; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing import-export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing, hateful, or racially, ethnically, religiously or otherwise objectionable; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Adult section and shall be distributed only to people legally permitted to receive such content; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) you do not have a right to link to or include. Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using our service) that, by paying to us applicable fees, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited, Questionable and Infringing Items List.
All materials provided on this Web site, including but not limited to all text, logos, designs, graphics, images, sounds, information, software, documents, products and services, and the selection, arrangement and display thereof, are the copyrighted works of iLetYou or its users. Except as stated herein, none of the Materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of iLetYou.
Company, the Company logo and the products and services described in this website, including without limitation iLetYou.com, are either trademarks or registered trademarks of Company and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Company, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners. You may not copy or adapt the HTML code that Company creates to generate its pages. It is also protected by the Company’s copyright.
Third Party Content
Claims of copyright infringement
- If you believe that your copyrighted work has been uploaded, posted or copied to this website and is accessible in a way that constitutes copyright infringement, please notify us via email at copyright-at-iletyou.com by providing the following information:
- The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner’s behalf;
- A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
- Identification of the URL or other specific location on this web site where the material or activity you claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity;
- Your name, address, telephone number and, if you have one, your e-mail address;
- A statement by you that you have a good faith belief that use on the web site of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
- A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.
iLetYou will review all such claims of copyright infringement and will take appropriate action in accordance with the relevant laws including among others the Digital Millenium Copyright Act (DMCA).
iLetYou hereby authorizes you to view, copy, download and print the materials available on this Web site, provided that: (1) if you are a potential or actual user, the materials are used solely for personal, non-commercial purposes and if you are a store owner, the Materials are used only for the purposes of using the services expressly offered by iLetYou; (2) the Materials are not modified, redistributed or made available to the public; and (3) all copyright, trademark, service mark and other proprietary notices are reproduced as they appear in any such Materials. Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark or copyright of iLetYou.
When you give us Content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
Access and Interference
Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to iLetYou by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of iLetYou and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Links to Third-Party Web Sites.
This Web site may contain links to Web sites operated by parties other than iLetYou. iLetYou does not control such Web sites and is not responsible for their contents. iLetYou’s inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators. If you decide to access any of the third party sites linked to this Web site, you do so entirely at your own risk.
Without limiting remedies available by law and in equity, we may limit your activity, immediately remove your item listings, warn our community of your actions, prohibit access to our website, remove hosted content, temporarily or indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OUR SERVICES, AND OPERATION OF THE SITE MAY BE INTERFERED WITH BY SEVERAL FACTORS OUTSIDE OF OUR CONTROL. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE ,NON-INFRINGEMENT AND OTHERS ARISING FROM THE COURSE OF DEALING, USAGE OR TRADE PRACTICE. THE FOREGOING DISCLAIMER MAY NOT APPLY IN STATES THAT DISALLOW THEM.
Under no circumstances shall iLetYou, its shareholders, affiliates, directors, officers, or employees be liable (jointly or severally) for direct, indirect, incidental, special, consequential or exemplary damages (even if iLetYou has been advised of the possibility of such damages), resulting from any aspect of your use of this site or the service, whether the damages arise from use or misuse of this website or the service, from inability to use this site or the service, or the interruption, suspension, modification, alteration, or termination of this site or the service. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with this site or the service or any links on this site, as well as by reason of any information or advice received through or advertised in connection with this site or the service or any links on this site. These limitations shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
Regardless of the foregoing paragraph, if iLetYou is found liable, its liability shall be limited as follows:
iLetYou’s liability (including the liability of it’s affiliates, officers, directors, employees, and suppliers) to renters will be limited to total of rental fees paid for individual rental disputed OR total of rental fees paid or $50, whichever is less, in the case of a subscription-based rental. Credits shall be issued at the sole discretion of iLetYou and only after good faith attempts have been made directly between the user and store to resolve the dispute.
iLetYou’s liability (including the liability of it’s subsidiaries, officers, directors, employees, and suppliers) to the stores is limited to the greater of (a) the amount of revenue share fees paid to iLetYou by the store excluding payment processing fees in the 12 months prior to the action giving rise to liability, and (b) $100.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party or your use of iLetYou or arising out of Content you submit, post, transmit or make available through iLetYou.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices addressed to iLetYou shall be e-mailed by you to info-at-iletyou.com and those addressed to you shall be e-mailed by us to the email address you provide to iLetYou during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to iLetYou during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Resolution of Disputes
This Agreement is governed by the internal substantive laws of the State of California without respect to its conflict of laws principles. Except as provided for in the succeeding paragraph (on mandatory arbitration of certain disputes), you agree that the courts located in Santa Clara County, California shall have exclusive jurisdiction with regards to any claim or dispute arising out of or related to this Agreement. You agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes.
Arbitration – For any claim where the total amount of the award sought is less than $5,000, the party requesting relief shall resolve the dispute through binding non-appearance-based arbitration. Such arbitration shall be initiated through and per the rules of the American Arbitration Association (“AAA”). AAA and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Such arbitration proceedings shall be governed by the internal laws of the state of California and the arbitrator conducting such arbitration shall be located within the County of Santa Clara, California.
iLetYou will be entitled to recover attorney’s fees and costs incurred in enforcing the terms of this Resolution of Disputes section.
You acknowledge that in any computer system and any network of computer systems there is certain to be “downtime” due to mechanical, telecommunication, software, hardware and third-party vendor failures during which iLetYou will be unable to provide this website to you. iLetYou cannot predict or control when such “downtime” may occur and cannot control the duration of such “downtime.”
iLetYou has authority or control only over the operation of this website. Nevertheless, you understand and agree that the Internet is inherently unreliable and subject to breaches of security. Therefore, iLetYou cannot be responsible for the integrity of any information, file or other posting available on or sent to this website.
Forward- Looking Statements Disclaimer
The Private Securities Litigation Reform Act of 1995 provides a safe harbor for forward-looking statements made by or on behalf of iLetYou. This website may from time to time contain “forward-looking” statements regarding the future financial performance of iLetYou or other future events. These statements are based on certain assumptions and analysis made by iLetYou in light of its experience and its perception of historical trends, current conditions, expected future developments and other factors iLetYou believes are important under the circumstances. Such statements are subject to a number of risks and uncertainties. Among others, factors that could cause actual results to differ materially from the beliefs or expectations of Company are: industry trends and trends in the general economy, competitive factors in the markets in which Company operates, changes in regulatory requirements which are applicable to Company’s business. The Company’s performance may differ materially from any projections contained in this website.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability Limit, Indemnity and Resolution of Disputes.
iLetYou shall solely have the right to assign this Agreement. The user or store owner may assign this Agreement only with the written consent of iLetYou.
You agree that any claim or cause of action arising out of or related to use of iLetYou or its service or this agreement must be filed within one year after such claim or cause of action arose, or for forever be barred.
Void where prohibited
Although iLetYou can be viewed throughout the world, its use is prohibited in those countries under the laws of which any aspect of the iLetYou service will be illegal.
This Agreement is effective upon acceptance in registration for new registering users, and is otherwise effective on November 1, 2006 for all users. We may amend this Agreement at any time by posting the amended terms on the Site.
Consequences of breach
Notwithstanding other remedies available to iLetYou, violation of any of these terms will result in the termination of your iLetYou account.