TERMS OF SERVICE
TERMS OF SERVICE
LAST UPDATED: April 20th, 2026, effective date January 1st, 2021
ABOUT THESE TERMS
Accepting these Terms
Welcome to All Borrow! This Terms of Service agreement (“Terms”) is between you (“you” or “your”) and All Borrow, Inc. (“we,” “our,” “us,” or “All Borrow”), and governs your access to and use of our website located at www.allborrow.com (and any successor site thereto) (the “Site) including any content, functionality and services offered on or through the Website, and any of our other products or services (collective, the “Services”), whether or not you register as a user.
Please review these Terms carefully; by accessing or using any of the Services, including by creating an Account (as defined below), you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Services. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are 18 years of age or older and are otherwise capable of forming a legally binding contract with All Borrow Inc. If you do not meet these requirements, you must not access or use the Services. You acknowledge and confirm that (i) you have read and understand all of the terms, conditions, policies, provisions, disclosures and disclaimers contained herein, (ii) these Terms have the same force and effect as a signed agreement, and (iii) you expressly accept and agree to be bound by the terms hereof.
You further understand that All Borrow takes no responsibility or liability for the acts, omissions, products or services of any User of the Platform. All Borrow has no responsibility or liability for any acts, omissions or Items provided (or omitted to be provided) by any Lender or Renter.
PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY ALL BORROW IN ITS SOLE DISCRETION AT ANY TIME. All Borrow reserves the right to modify this Agreement or its policies relating to the Platform at any time, effective upon posting of an updated version of this Agreement or any applicable Supplemental Terms on the applicable Platform. You should regularly review this Agreement, as your continued use of the Platform after any such changes constitutes your agreement to such changes.
EXCEPT FOR LIMITED CIRCUMSTANCES DESCRIBED IN SUBCLAUSE (c) OF THE ARBITRATION AGREEMENT BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, OR TO A TRIAL BY JURY.
The Services are controlled or operated (or both) from the United States, and are not intended to subject All Borrow, Inc. to any non-U.S. jurisdiction or law. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
DEFINED TERMS
- “Item(s)” means clothing and accessories made available by Lenders for Renters on the Platform.
- “Lender” means a user who has listed Items for rent on the Platform.
- “Listing” means a listing by a Lender of an Item available for Rent on the Platform.
- “Renter” means a user who seeks to rent Items through the Platform.
- “Platform” means the All Borrow Site’s rental functionality, which is utilized by Lenders and Renters.
Overview of the Services
All Borrow rents or sells clothes, other related products, and occasional items. The Services include, but are not limited to, the ability to create an account and purchase or rent products. In order to access the features of the Platform, including renting your personal items or making available Items on the Platform, you are required to become a Registered User. For purposes of this Agreement, a “Registered User” is a Renter or Lender who has registered an account on the Platform (“Account”). In order to participate in the rental services as a Lender, you must maintain ownership of, or permission to rent, all Items you list on the Platform.
Changes to these Terms
We may modify these Terms at any time in our sole discretion. We will post notice of changes to these Terms on this page. Changes will not apply retroactively and will only become effective when (i) you use the Services after you know about the change, or (ii) thirty (30) days after they are posted (whichever is sooner). However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. We will also update the Last Updated date at the top of these Terms accordingly. Your continued use of the Services after the Last Updated date signifies your consent to the modified Terms. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. If the modified Terms are not acceptable to you, you should not access or use the Services after the Last Updated date. Prices for our products are subject to change without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
ABOUT OUR SERVICES
How to Access All Borrow's Services
You must be 18 years of age or older to access or use the Services. To use the Services, you may be required to sign up for an account (your “Account”), select a password and username, and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and up-to-date information and to maintain and update such information. You may not select as your All Borrow User ID a name that you do not have the right to use, or another person's name with the intent to impersonate that person. We may reject, or require that you change, any All Borrow User ID, password, or other information that you provide when registering for an Account. You may not transfer your Account to anyone else without our prior written permission.
You may only use the Services and Products made available to you for your own personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all applicable laws. If your use of the Services or Products is prohibited by these Terms, any Additional Terms, or applicable law, then you are not authorized to use the Services or Products. You are solely responsible for any use by you of any Services or Products in violation of these Terms, any Additional Terms, or applicable law.
You may not share your Account (including your All Borrow User ID or password) with anyone, and you must protect the security of your Account (including your All Borrow User ID, password, and any other access credentials). You are solely responsible for any activity associated with your Account, including all charges incurred through use of the Services under your Account.
We may, for any reason, limit or restrict your access to or use of the Services, including, but not limited to, refusing to fulfill any order that you place with us or restricting orders placed under a single customer Account, payment card, billing address, or shipping address. We reserve the right to limit, cancel, or prohibit any use of the Services for any reason in our sole discretion, including, but not limited to, availability, geographic concerns, or if we determine or suspect that you are using the Services for fraudulent or commercial purposes or for any other purpose in violation of these Terms or any Additional Terms.
Products or Services
All Products and Services are available exclusively online through the Site. These Products or Services may have limited quantities and are subject to return or exchange only in accordance with the policies outlined in these Terms.
We have made every effort to display as accurately as possible the colors and images of our Products, including those displayed at physical retail stores. We cannot guarantee that your computer monitor or mobile device will accurately display any color.
We may, for any reason, limit or restrict your access to or use of the Services, including, but not limited to, refusing to fulfill any order that you place with us or restricting orders placed under a single customer Account, payment card, billing address, or shipping address. We reserve the right to limit, cancel, or prohibit any use of the Services for any reason in our sole discretion, including, but not limited to, availability, geographic concerns, or if we determine or suspect that you are using the Services for fraudulent or commercial purposes or for any other purpose in violation of these Terms or any Additional Terms.
How the Rental Platform Works
The Platform facilitates connections between Renters and Lenders (the “Rental Services”). Each Item will be available at a time and for a duration as set forth in the applicable Listing. Please review our App and/or Site for additional information regarding the Rental Services. All Borrow's responsibility to Users is limited to providing the Platform.
THE PLATFORM FACILITATES CONNECTIONS BETWEEN RENTERS AND LENDERS. YOU AGREE THAT ALL BORROW HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY RENTAL EXPERIENCE OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. ANY ITEMS ARE PROVIDED BY LENDERS AND NOT BY ALL BORROW, AND RENTERS ACCEPT SUCH ITEMS AT EACH RENTER'S OWN RISK.
LENDERS ARE NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, OR FRANCHISEES OF ALL BORROW. ALL BORROW DOES NOT EMPLOY OR RETAIN LENDERS. RENTERS HEREBY ACKNOWLEDGE THAT ALL BORROW DOES NOT SUPERVISE, DIRECT, CONTROL, OR ACCEPT ANY RESPONSIBILITY FOR THE ITEMS, BUT MAY MONITOR AND FACILITATE CERTAIN ASPECTS OF INTERACTIONS FACILITATED THROUGH THE PLATFORM.
Product and Service Descriptions
We may, in our sole discretion, provide listings, descriptions, or images of Products that are available on the Services, as well as references and links to Products, but we do not warrant that the Product listings, descriptions, or images are accurate, complete, reliable, current, or error-free, or that any Products will be available, even if noted as so on our Services. Such information and the availability of any Product are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors; however, the actual colors you see will depend on your computer system, and we cannot guarantee that your computer (including a smartphone or similar device) will accurately display such colors. The prices displayed for Products and Services are quoted in U.S. dollars, unless otherwise indicated. Prices and availability for Products on our Rental Service are not confirmed until the applicable Products are shipped. If the actual price of such a Product is higher than our stated price, or if the Product is no longer available, we will contact you for instructions before shipping or cancel your order and notify you of such cancellation. The availability through the Services of any listing, description, or image of a Product does not imply our endorsement of such Product or affiliation with the provider of such Product.
Cost of Services
We reserve the right to modify or waive fees required to use certain parts of the Services. You are solely responsible for:
(i) the fees for any Services that you order and that are not canceled in accordance with our cancellation policy;
(ii) the Replacement Value of any Product that is lost, stolen, not returned, or returned with damage beyond economical repair, as provided in these Terms;
(iii) any late fees accrued due to late returns; and
(iv) any other charges, fees, taxes, duties, customs charges, shipping charges, repair costs, cleaning costs, administrative costs, or other amounts due under these Terms.
Rental fees are consideration for reserving inventory, preparing Products, fulfillment, shipping logistics, customer support, and use of the Products during the rental period. Rental fees are fully earned upon shipment and shall not be credited toward any Replacement Value assessment. Any security deposit retained by All Borrow shall be applied as a credit toward the applicable Replacement Value, if assessed.
For more information about our Services, including pricing, fees, and cancellation policies, please see our FAQ section. Please note that any payment terms presented to you during the checkout process or while using the Services are deemed part of these Terms.
Delivery
All deliveries will be through All Borrow's shipping partners, which may change from time to time at All Borrow's discretion. The shipping method used will be at the sole discretion of All Borrow. You must provide us with accurate shipping information so that we can timely deliver Products to you. You are responsible for providing accurate shipping information for deliveries and for keeping the shipping information for your Account up to date. If you provide us with a shipping address that is invalid or where you cannot securely accept Products upon delivery, or if you do not keep your shipping information up to date, you are solely responsible for any resulting loss, theft, or damage to the Products. If any address changes or local pick-up needs to be requested, we must be notified immediately before you contact the carrier directly. If you need delivery to a hotel instead of a residential address, you must provide the hotel name.
Following delivery to the designated address, you are solely responsible for the condition, safekeeping, and security of each Product until it has been received and accepted by All Borrow. Your responsibility continues while the Product is in your possession, while in transit, and until the Product has been delivered to and received by All Borrow. You bear the risk of loss, theft, damage, destruction, or non-return of the Product until such receipt by All Borrow. We reserve the right to reject, cancel, or prohibit any rentals or sales of Products for any reason.
Shipping Fees. Standard shipping is complimentary only on orders with a subtotal of $80 USD or more, before taxes, deposits, duties, customs, or any other fees. Orders below $80 USD may be subject to applicable shipping charges, which will be displayed at checkout. All Borrow reserves the right to modify, waive, or update shipping fees or free-shipping thresholds at any time without notice.
Combined Shipments. If multiple rental orders are scheduled for the same rental period and are being shipped to the same delivery address, All Borrow reserves the right to consolidate those orders into a single shipment, where feasible, in order to reduce packaging waste, improve efficiency, and support sustainability efforts. Combined shipment remains at All Borrow's sole discretion and may not be available in all cases based on item availability, fulfillment location, timing, or other operational considerations.
Return Packaging. With delivery of the Product, All Borrow will provide you with a prepaid, pre-addressed box or mailing envelope (as applicable), along with instructions for returning the Products to All Borrow ("Return Packaging"). Return of the package is the Customer's sole responsibility. The Customer must ensure the package is returned using the provided return label and is dropped off with the shipping carrier identified on the return label. The package must be dropped off and scanned by the appropriate carrier no later than 12:00 PM (noon) on the return date (the last rental date), and the Customer must obtain and retain a package drop-off receipt showing the applicable tracking number and shipment information.
Unless otherwise approved in writing by All Borrow, the package must be returned from the same shipping location provided during checkout, as prepaid return labels are generated using the original shipping information. Requests to return a Product from a different location must be coordinated with All Borrow within twenty-four (24) hours of placing the order.
If you schedule a carrier pickup, you are solely responsible for ensuring the package is picked up and scanned on time. Failure of a scheduled pickup does not relieve you of your obligation to return the Product on time, and any applicable late fees or Replacement Value assessments may still apply.
Reserve
If you rent a Product through our Rental Service, the rental fee ("Rental Fee") will include the applicable rental charges, delivery charges (if any), and any other applicable fees listed on the Rental Service for your rental of the Product. All Borrow reserves the right to modify the Rental Fee, availability, or rental terms of any Product at its sole discretion and without notice.
You will also be charged a security deposit equal to fifty percent (50%) of your total cart value at checkout. Subject to these Terms, the security deposit will be refunded after the timely return, inspection, and processing of all rented Products.
Deposit
A security deposit is required for every rental order. You cannot complete checkout without paying the required deposit. The deposit is equal to 50% of your total cart value and will be charged at checkout together with the Rental Fee.
Subject to these Terms, the security deposit will be refunded once all rented Products are returned in accordance with these Terms.
Once we receive your returned Product(s), it generally takes five (5) to fourteen (14) business days from the date of receipt for our team to inspect the order and process your security deposit refund. You will receive an email confirmation once the refund has been issued.
Please note that after the refund is issued, the time required for the funds to appear on your original payment method depends on your financial institution and typically takes an additional two (2) to five (5) business days, which is outside of All Borrow's control.
The security deposit may be retained, in whole or in part, under the following circumstances:
- Late return of any Product. A late fee of $40.00 per outfit per calendar day may be deducted from the security deposit. If the applicable late fees exceed the amount of the security deposit, the remaining balance will be invoiced to you.
- Damage beyond normal wear and tear, including but not limited to permanent stains, excessive soiling, burns, tears, missing components, alterations, or any other damage that renders the Product unsuitable for future rental.
- Loss, theft, non-return, or damage beyond economical repair of any Product.
- Any other amounts owed under these Terms.
If a Product is lost, stolen, not returned, or returned with damage beyond economical repair, the security deposit shall be forfeited and applied toward the Product's applicable Replacement Value.
The Customer shall remain responsible for payment of the outstanding Replacement Value, less any security deposit retained by All Borrow.
Rental Fees, shipping charges, taxes, duties, customs fees, extension fees, late fees, and any other amounts previously paid are consideration for the rental services already provided and are non-refundable. Such amounts shall not be credited toward the Replacement Value. Only the retained security deposit shall be credited against the applicable Replacement Value.
Rental
The following additional conditions apply to the rental of any clothing, accessories, and all other products (each a "Product").
RENTAL FEE
The Rental Fee for a Product shall consist of the posted rental fee together with any applicable shipping charges, insurance, taxes, duties, customs charges, or other fees disclosed during checkout.
When you place a rental order, you authorize All Borrow to immediately charge your payment method for the Rental Fee and all other applicable charges.
A reservation of a Product on the Site constitutes a binding rental order regardless of how far in advance the reservation is placed.
At the time of your rental order, you also authorize All Borrow to charge your payment method for the Product's Replacement Value, as defined in these Terms, in the event the Product is lost, stolen, not returned, or returned with damage beyond economical repair. All Borrow will not charge your payment method for the Replacement Value unless permitted under these Terms.
Rental Fees exclude all applicable federal, state, provincial, local, and international taxes, GST/HST, VAT, customs duties, import fees, governmental assessments, shipping charges, and similar charges unless expressly stated otherwise. Any such amounts paid by All Borrow on your behalf shall be reimbursed by you upon demand.
CANCELLATION POLICY
You may cancel your rental order subject to the following cancellation policies:
- Thirty (30) or more days before the scheduled rental start date: You will receive a full refund to your original payment method.
- Less than thirty (30) days but more than fourteen (14) days before the scheduled rental start date: The Rental Fee is non-refundable; however, you will receive a store credit equal to the Rental Fee, valid for one (1) year from the date of cancellation. Security deposits, if already paid, will be refunded.
- Fourteen (14) days or fewer before the scheduled rental start date: The order is non-refundable, non-creditable, and may not be exchanged. This policy reflects the inventory reservation, fulfillment, and shipping commitments made specifically for your order.
RECEIPT OF THE PRODUCTS
Upon delivery, you bear responsibility for the Product(s). You acknowledge that a secure shipping address is highly recommended. If an unsecured shipping address is provided, All Borrow shall not be liable for any Product that is lost, stolen, damaged, or left unattended following delivery. You further acknowledge that providing an address that cannot securely receive deliveries may result in delivery delays, failed delivery attempts, additional shipping charges, or other carrier-related fees, for which All Borrow shall not be responsible. You shall remain responsible for any resulting delays, losses, or additional charges.
USE OF THE PRODUCTS
You agree to treat each Product with great care and as though it were borrowed from a close friend. Proper care helps ensure that each Product remains in excellent condition for future Renters.
You are responsible for any loss, theft, mysterious disappearance, destruction, or damage to a Product while it is in your possession or otherwise under your responsibility, except for normal wear and tear.
For purposes of these Terms, normal wear and tear includes minor stains, minor loose threads, small missing beads, stuck zippers, or other minor cosmetic damage that occurs through ordinary use and can reasonably be repaired during normal garment maintenance.
If a Product is returned with damage beyond normal wear and tear, including but not limited to permanent staining, excessive soiling, burns, tears, missing components, unauthorized alterations, or any damage that renders the Product unsuitable for future rental, you agree that All Borrow may, in its sole discretion:
- charge the reasonable cost of cleaning or repair;
- assess the applicable Replacement Value if the Product cannot be economically repaired or restored;
- retain your security deposit and apply it toward such charges; and
- invoice you for any remaining balance owed in accordance with these Terms.
Payment Terms for Lenders
Lender Fee
As a Lender, you may be entitled to receive payment in connection with the Items you list on the Platform. To be eligible for payment:
(i) you must be designated as a verified Lender on the Platform; and
(ii) the Items you make available on the Platform must be selected by Renters through the Platform.
Please refer to the Commission Schedule for information regarding fees payable to Lenders (the "Lender Fee").
Lender is solely responsible for filing all required tax returns and remitting all taxes arising from any Lender Fees paid under this Agreement.
Payment Acceptance
As a Lender, you must provide a valid payment method ("Payment Acceptance Method"), such as a bank account, PayPal account, or another payment method approved by All Borrow.
You are responsible for keeping your Payment Acceptance Method current. If this information changes, we may update it using information obtained from third-party sources unless you instruct your payment provider otherwise or remove the applicable Payment Acceptance Method from your Account.
LENDER TERMS
If you are a Lender, the following provisions apply to you.
LISTINGS
All Borrow has sole and absolute discretion to approve or reject any Item submitted for inclusion on the Platform.
Prior to posting a Listing, you may be required to provide information regarding the Item, including, but not limited to, its location, size, brand, retail availability, condition, photographs, and description.
Listings will be made publicly available through the Platform. Renters may rent listed Items based upon the information contained within the applicable Listing.
Lender represents and warrants that creating a Listing and renting any Item through the Platform will not violate any agreement or obligation owed to any third party.
The Required Listing Period for each Item begins on the date the Item is listed on the Platform and continues for one hundred twenty (120) days, regardless of whether this Agreement is terminated during that period.
Following expiration of the Required Listing Period, Lender may submit a written request that All Borrow return the applicable Item(s). Upon receipt of such request, All Borrow will use commercially reasonable efforts to remove the Item(s) from the Platform and return them within thirty (30) days following completion of any then-current rental period.
Lender is responsible for all return shipping costs and for maintaining accurate contact and shipping information with All Borrow.
If Lender does not request return of the Item(s) after expiration of the Required Listing Period, All Borrow may continue offering the Item(s) on the Platform until such request is received.
RETURN OF ITEMS BY ALL BORROW
If an Item remains unrented after the Required Listing Period, or in circumstances where All Borrow determines that an Item is unlikely to generate sufficient future interest from Renters on the Platform, or if All Borrow otherwise elects to remove an Item from the Platform in its sole and absolute discretion, All Borrow will provide the Lender with notice of such withdrawal (a "Withdrawal Notice").
Upon receipt of a Withdrawal Notice, the Lender may, at the Lender's option and expense:
(i) retrieve the Item; or
(ii) authorize All Borrow to donate the Item to a charity selected by All Borrow.
All Borrow will use commercially reasonable efforts to contact the Lender regarding the Withdrawal Notice. If All Borrow does not receive a response from the Lender within thirty (30) days after the Withdrawal Notice is sent, All Borrow may dispose of the Item or donate it to a charity selected by All Borrow.
EXCLUSIVE LISTING
In accordance with this Agreement, once a Lender makes an Item available on the Platform, the Lender grants All Borrow the exclusive right to display, market, and rent the Item through the Platform pursuant to these Terms. Accordingly, the Lender shall not, directly or indirectly, permit the Item to be rented, offered for rent, sold, or otherwise made available through any other platform or means during the applicable Listing Period.
Notwithstanding the foregoing, ownership of each Item shall remain with the Lender at all times.
ADDITIONAL TERMS
All Borrow shall have the right, but not the obligation, to accept or reject any Item submitted by a Lender for inclusion on the Platform. To learn more about our Item approval process, please review our published guidelines.
You acknowledge and agree that:
- All Borrow, in its sole discretion, will determine the rental price for each Item.
- All Borrow, in its sole discretion, will determine which Items are accepted and listed on the Platform.
- All Borrow may offer discounts, promotional pricing, or other marketing initiatives at any time during the Required Listing Period, or while the Item remains available on the Platform, in its sole discretion and without notice to the Lender. Such promotions may affect the Lender's earnings.
- The placement and ranking of Listings within the Platform may vary based upon numerous factors, including, but not limited to, Renter search criteria, availability, pricing, photographs, reviews, popularity, and other factors determined by All Borrow.
DAMAGE
Lenders acknowledge and agree that normal wear and tear is an inherent part of participating in a rental marketplace.
In the event an Item is damaged, lost, or stolen, All Borrow shall have the right, but not the obligation, to repair, replace, or compensate the Lender for the applicable market value of the Item in accordance with these Terms.
REPAIR
If All Borrow elects to repair an Item, All Borrow shall select, in its sole discretion, a qualified repair vendor and compensate such vendor for repairs necessary to restore the Item from damage that exceeds normal wear and tear.
REPLACE
If All Borrow elects to replace an Item, All Borrow will use commercially reasonable efforts to obtain a comparable replacement based upon brand, style, value, and condition and deliver such replacement to the Lender.
COMPENSATION FOR MARKET VALUE
In lieu of repair or replacement, All Borrow may elect to compensate the Lender for the current market value of the applicable Item, based upon comparable resale marketplaces, up to a maximum of $1,000 USD per Item.
If the Lender disagrees with the assigned market value, the Lender may submit proof of purchase for the Item within thirty (30) days of All Borrow's request.
If proof of purchase is unavailable, any compensation shall be calculated based upon the current market value (up to $1,000 USD), less any rental earnings previously generated by that Item through the Platform.
All Borrow shall not provide compensation for:
- normal wear and tear, which the Lender acknowledges is an expected part of renting Items through the Platform;
- incidents occurring after the Listing Period has ended; or
- claims submitted more than seven (7) days after the Lender receives the returned Item.
PROHIBITED ITEMS
The Lender represents and warrants that no Item listed on the Platform shall be stolen, counterfeit, fake, or otherwise unlawfully possessed.
An Item is considered "Fake" if it displays the trademarks, branding, or identifying marks of a designer or manufacturer that did not actually design or manufacture the Item.
An Item is considered "Counterfeit" if it is Fake and is intended to deceive purchasers or renters regarding its authenticity.
If All Borrow receives notice, or determines in its sole discretion, that any Item listed on the Platform may be stolen, Fake, or Counterfeit, All Borrow may immediately remove the Item from the Platform, suspend or terminate the associated Account, and report the matter to the appropriate law enforcement authorities.
INDEPENDENT PARTIES
As an independent individual or business, you, as a Lender, maintain complete control over your level of participation on the Platform, including:
(a) deciding when to log into the Platform and make Items available for Rental Services;
(b) selecting the Items you list on the Platform;
(c) not being restricted from using competitive services or technology platforms (other than as expressly provided herein with respect to Items being exclusively listed on the Platform);
(d) maintaining your independent business without using the Platform;
(e) having any opportunity for profit or loss depend upon the Items you choose to list;
(f) being responsible for resolving any disputes with Renters; and
(g) being solely responsible for determining the amount you invest in maintaining Items available for rental through the Platform.
You shall not represent to any Renter or other user of the Platform that you are an employee, contractor, agent, partner, or representative of All Borrow.
Neither this Agreement nor your performance under it creates any association, partnership, joint venture, agency, employment, franchise, or similar relationship between you and All Borrow or between All Borrow and your employees or agents.
You acknowledge that neither you nor your employees or agents (if any) are entitled to receive any employee benefits from All Borrow, including but not limited to paid vacation, paid sick leave, medical insurance, retirement benefits, or other employment-related benefits. If you are ever reclassified by a governmental authority or court as an employee of All Borrow, you acknowledge that you shall only receive those benefits required by applicable law.
You are solely responsible for complying with all applicable federal, state, provincial, local, and foreign tax laws relating to any compensation received in connection with the Platform, including all tax filings, withholding obligations, Social Security, workers' compensation, unemployment insurance, FICA, employee benefits, and similar obligations.
You further acknowledge that All Borrow does not provide legal, accounting, tax, or investment advice and is not acting as your fiduciary. You are encouraged to consult your own professional advisors regarding your legal and tax obligations.
SHIPMENT OF PRODUCTS
All Borrow will use commercially reasonable efforts to prepare and ship your order, or arrange for shipment by the applicable Lender, using a shipping method intended to deliver the Product(s) by the scheduled rental start date.
Once the shipment has been tendered to the shipping carrier, All Borrow is not responsible for delays, service interruptions, weather events, customs delays, carrier errors, strikes, or other circumstances beyond All Borrow's reasonable control that may affect delivery times.
RETURN OF THE PRODUCTS
You agree to return all components of every rented Product, including but not limited to skirts, pants, blouses, blouse linings, dupattas (scarves), belts, jewelry, accessories, garment bags, hangers, and any other items included with your rental, using the Return Packaging provided by All Borrow.
Unless otherwise approved by All Borrow in writing, the package must be dropped off with the designated shipping carrier by 12:00 PM (noon) local time on the scheduled return date identified in your order.
You are responsible for ensuring the package is properly packaged, labeled with the correct prepaid return label, and scanned by the designated carrier. You must obtain and retain a carrier-issued drop-off receipt showing the applicable tracking number.
All Borrow may, but is under no obligation to, approve a rental extension upon request and payment of any applicable extension fees.
Unless otherwise approved in writing by All Borrow, Products must be returned from the same shipping location provided during checkout. Requests to return a Product from a different location must be coordinated with All Borrow.
The Customer remains responsible for the Product until it has been received and accepted by All Borrow.
All Borrow is not responsible for any personal belongings or other items accidentally left inside rented Products or returned inside the Return Packaging. Although we may attempt to locate and return such items upon request, we assume no responsibility or liability for doing so.
LATE FEES
If a Product is returned after the required return date, All Borrow may charge a late fee of up to $40.00 per outfit for each calendar day the Product remains outstanding.
Late fees may be charged to the payment method used for the rental or to any other authorized payment method associated with your Account.
If a Product has not been returned within seven (7) calendar days after its required return date, All Borrow may, in its sole discretion, deem the Product a non-return.
Upon a Product being deemed a non-return, All Borrow may:
- retain and apply the security deposit toward the applicable Replacement Value;
- invoice the Customer for the Product's Replacement Value;
- charge any outstanding balance to any authorized payment method on file;
- suspend or terminate the Customer's Account;
- refer any unpaid balance to a collections agency;
- pursue any other remedies available under applicable law.
REPLACEMENT VALUE
If a Product is lost, stolen, not returned, or returned with damage beyond economical repair, the Customer shall be responsible for payment of the applicable Replacement Value, less any security deposit retained by All Borrow.
Rental Fees, shipping charges, taxes, duties, customs charges, extension fees, late fees, and any other amounts previously paid are consideration for the rental services already provided and are non-refundable. Such amounts shall not be credited toward the Replacement Value. Only the retained security deposit shall be credited against the applicable Replacement Value.
Payment of the Replacement Value does not constitute a purchase of the Product and does not transfer ownership of the Product to the Customer.
Ownership of every Product shall remain exclusively with All Borrow or the applicable Lender.
If a Product is recovered after the Replacement Value has been paid, All Borrow may require the immediate return of the Product. In its sole discretion, All Borrow may refund all or a portion of the Replacement Value after inspection of the recovered Product and after deducting any applicable late fees, repair costs, cleaning costs, administrative expenses, shipping costs, or other amounts due under these Terms.
LOST RETURN PACKAGING
If you lose the Return Packaging or prepaid return label, you must immediately contact All Borrow to request replacement return materials.
If replacement materials cannot reasonably be provided before the return deadline, you remain responsible for returning the Product by the required return date using a shipping method that provides tracking. You must promptly provide All Borrow with the tracking number and proof of shipment.
Failure to receive replacement packaging does not relieve you of your obligation to return the Product on time. Rental Fees remain separate from, and in addition to, any other charges payable under these Terms. Unreturned Products remain subject to applicable late fees and, if applicable, Replacement Value assessments.
LIMITED WARRANTIES
The following are the limited warranties All Borrow provides in connection with Product rentals. All Borrow's liability for failure to comply with any of these warranties shall be limited, at All Borrow's sole discretion, to: (i) timely delivery of a conforming replacement Product (subject to availability), or (ii) a refund of the applicable Rental Fee, excluding shipping charges, insurance, taxes, duties, customs charges, deposits, and other applicable fees.
CORRECT PRODUCTS
Subject to availability, All Borrow will use commercially reasonable efforts to deliver the Product(s) you ordered, including the specified size, color, and design, on or before your scheduled rental start date.
In the rare event that a Product becomes unavailable due to damage, loss, prior renter issues, or other unforeseen circumstances occurring after your reservation is placed, All Borrow will make reasonable efforts to notify you.
If we are able to reach you prior to shipment, you may select another available Product of equal or greater rental value, subject to availability.
If we are unable to reach you within a reasonable period, you acknowledge and agree that All Borrow may substitute a comparable Product of equal or greater rental value.
Actual Product colors, embroidery, textures, and appearance may vary slightly from images displayed on the Site due to photography, lighting, monitor settings, manufacturing variations, or normal wear.
CLEAN AND READY TO WEAR
All Products are professionally cleaned, inspected, and prepared prior to shipment.
Although All Borrow exercises reasonable care in cleaning and inspecting every Product, use of any Product is entirely at your own risk. Except as required by applicable law, All Borrow shall not be liable for allergic reactions, skin sensitivities, or other health-related issues allegedly arising from use of a rented Product.
ALL BORROW RENTER CONTENT
All Borrow may, in its sole discretion, offer Lenders the option of having their Items professionally photographed. Such photographs ("Verified Images") may be used in connection with Listings on the Platform.
The Lender is responsible for ensuring that the Verified Images accurately represent the applicable Item and must promptly notify All Borrow if the Verified Images no longer accurately depict the Item.
The Lender acknowledges and agrees that All Borrow may use Verified Images for advertising, marketing, merchandising, website content, social media, promotional materials, or any other lawful business purpose, whether or not the applicable Item remains listed on the Platform, without further notice or compensation.
All Borrow grants the Lender a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Verified Images solely in connection with Listings on the Platform.
Except for the Lender's own content, the Lender acknowledges that no ownership rights are granted in any Platform content, including Verified Images.
REFUNDS
Except as expressly provided below, all rental orders are final and are not eligible for refunds once placed.
To ensure every Product is ready for the next Customer, All Borrow follows a detailed inspection, cleaning, repair, and quality-control process after every rental.
If your Product arrives with damage that renders it unwearable or with repairable damage that may reasonably be corrected before your event (such as a broken zipper or detached hook), you must notify All Borrow within twenty-four (24) hours of delivery. Where feasible, All Borrow may arrange for local repairs, replacement components, or another reasonable solution.
Refunds may be considered only under the following circumstances:
- The Product measurements materially differ from the measurements listed on the Product's Size Guide, making the Product substantially inconsistent with its published sizing.
- The Product arrives with severe shipping-related damage caused by the carrier.
- Material components of the rental were omitted from shipment.
- The Product is delivered more than twenty-four (24) hours after the scheduled rental start date due solely to carrier delay.
To qualify for any refund consideration:
- the Product must remain unworn, other than reasonable try-on;
- the Product must be returned in substantially the same condition in which it was received;
- All Borrow must be notified no later than the rental start date;
- the Customer must email hello@allborrow.com within twenty-four (24) hours of delivery with photographs and documentation of the issue;
- the Product must be packaged and shipped back within twenty-four (24) hours after receiving return instructions from All Borrow.
Failure to satisfy these requirements may result in denial of any refund request.
SIZING RETURNS
Rental Products are selected based upon the measurements provided by the Customer, published garment measurements, and optional styling assistance offered by All Borrow.
Because fit is subjective and depends on numerous personal factors, fit alone does not qualify for a refund, exchange, or store credit.
Blouses included with certain rentals are provided as a complimentary component of the rental. Accordingly, All Borrow does not guarantee blouse fit and is not responsible for fit-related concerns regarding complimentary blouses.
Customers are strongly encouraged to contact our styling team before placing an order if they have any sizing concerns.
If you believe the Product materially differs from its published measurements, you must try on the Product within twenty-four (24) hours of delivery and email help@allborrow.com with photographs and details describing the issue.
Any accommodation for sizing concerns is made solely at All Borrow's discretion and may include, but is not limited to, styling assistance, an exchange (subject to availability), partial refund, or other reasonable resolution.
Billing and Payments
How Payments Work
When you place a rental order for a Product, you authorize All Borrow to charge your credit card or other payment method ("Payment Method") for the applicable Rental Fee, security deposit, shipping charges, taxes, duties, customs charges, and any other applicable fees.
You are responsible for maintaining a valid, current Payment Method and for providing accurate billing and contact information.
At the time of your rental order, you also authorize All Borrow to charge your Payment Method for the applicable Replacement Value, as defined in these Terms, in the event a Product is lost, stolen, not returned, or returned with damage beyond economical repair. Such authorization does not mean All Borrow will automatically charge the Replacement Value and shall only be exercised where permitted under these Terms.
Rental Fees exclude all applicable federal, state, provincial, local, and international taxes, GST/HST, VAT, customs duties, import fees, governmental assessments, and similar charges unless expressly stated otherwise.
All Products, pricing, inventory, and availability are subject to change without notice.
All Borrow reserves the right, with or without prior notice, to limit or discontinue any Product or Service, impose conditions on promotions, refuse any order, restrict payment methods, or decline any transaction in its sole discretion.
You represent and warrant that:
(i) you have the legal authority to use the Payment Method submitted; and
(ii) all billing information you provide is accurate, complete, and current.
The Services may utilize third-party payment processors to facilitate transactions. By submitting your payment information, you authorize All Borrow to share the necessary information with such providers in accordance with our Privacy Policy.
Receipt of an order confirmation does not constitute acceptance of your order. All orders remain subject to review and acceptance by All Borrow.
If All Borrow cancels an order after charging your Payment Method, an appropriate refund will be issued.
Prices are quoted in U.S. Dollars unless otherwise indicated. All Borrow may require additional identity or payment verification before accepting or fulfilling any order.
Initiating a chargeback or payment dispute does not relieve you of your contractual obligations under these Terms, including payment of any Rental Fees, late fees, Replacement Value, or other amounts properly due. All Borrow reserves all rights to contest improper chargebacks and pursue collection of outstanding balances to the fullest extent permitted by law.
Licenses Granted
All Borrow grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, and non-assignable license to access and use the Services solely in accordance with these Terms. Except for the limited rights expressly granted herein, All Borrow reserves all rights, title, and interest in and to the Services.
USER SUBMISSIONS
We do not accept unsolicited ideas or suggestions. Any inquiries, feedback, suggestions, ideas, reviews, comments, criticism, photographs, videos, testimonials, or other information submitted by any User to All Borrow concerning the Services (collectively, "Submissions") shall be deemed non-confidential and non-proprietary.
By submitting any Submission, you grant All Borrow a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, display, perform, create derivative works from, market, advertise, and otherwise exploit the Submission for any lawful purpose, in any media now known or later developed, without further notice, approval, or compensation.
You acknowledge that Submissions will not be returned and that All Borrow may freely use any ideas, concepts, techniques, know-how, or information contained therein for any purpose, including product development, advertising, marketing, merchandising, and operation of the Services.
You represent and warrant that:
- you own or otherwise possess all necessary rights to the Submission;
- the Submission does not infringe any third-party rights;
- the Submission does not contain malicious software, spam, chain letters, commercial solicitations, or other harmful material; and
- you will not submit false, misleading, or fraudulent information or impersonate any other person or entity.
You agree to indemnify and hold harmless All Borrow from any claims arising out of or relating to any Submission you provide.
User Conduct and Community Guidelines
You may use the Services only for lawful purposes and in accordance with these Terms. Without limiting the foregoing, you agree that:
- You will use the Services only for lawful personal, non-commercial purposes.
- You will not use the Services or Products for any unlawful or unauthorized purpose or violate any applicable laws, including intellectual property laws.
- You will treat other users respectfully and help maintain a safe and supportive community.
- You will provide accurate, complete, and current registration information and will not impersonate All Borrow, another user, or any other person or entity.
- You will not decompile, reverse engineer, disassemble, or otherwise attempt to obtain the source code of the Services.
- You will independently evaluate the accuracy and reliability of information posted by other users.
- You will not reproduce, copy, distribute, modify, transmit, publish, license, sell, exploit, or create derivative works from any portion of the Services except as expressly permitted by these Terms.
- You will not collect or misuse contact information obtained through the Services.
- You will not post unsolicited advertising, promotional materials, political campaigns, contests, raffles, spam, or solicitations.
- You will not interfere with, disrupt, overload, or impair the Services or another user's use of the Services.
- You will not attempt to gain unauthorized access to the Services, user accounts, servers, or related systems.
- You will not use bots, spiders, scrapers, scripts, artificial intelligence tools, or other automated methods to access or interact with the Services without All Borrow's prior written permission.
- You will not alter or interfere with the display or functionality of the Services through framing, overlays, unauthorized pop-ups, or third-party advertisements.
- You will not transmit malware, ransomware, viruses, worms, Trojan horses, spyware, or other malicious code.
- You will not threaten, harass, intimidate, stalk, dox, abuse, or otherwise harm other users.
- You will not post false, fraudulent, misleading, defamatory, obscene, hateful, discriminatory, violent, or otherwise objectionable content.
- You will comply with all applicable federal, state, provincial, local, and international laws and regulations.
- You will promptly notify All Borrow of any content or activity that violates these Terms.
All Borrow reserves the right, but assumes no obligation, to investigate suspected violations of these Terms and may, in its sole discretion:
- remove or modify any content;
- suspend or terminate Accounts;
- refuse future orders;
- disclose information as required by law or to protect the rights of All Borrow or others; and
- cooperate with law enforcement authorities.
YOU WAIVE AND HOLD HARMLESS ALL BORROW, ITS AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, AND AGENTS FROM ANY CLAIM ARISING OUT OF OR RELATING TO ANY INVESTIGATION, ENFORCEMENT ACTION, ACCOUNT SUSPENSION, CONTENT REMOVAL, OR DISCLOSURE MADE IN GOOD FAITH PURSUANT TO THESE TERMS OR APPLICABLE LAW.
All Borrow assumes no liability for the actions or inactions described in this section.
Proprietary Rights
The Services, together with all past, present, and future content made available through the Services—including software, technology, source code, object code, databases, user interfaces, text, graphics, photographs, videos, illustrations, layouts, product descriptions, product photography, Verified Images, logos, trademarks, service marks, trade dress, designs, and all other intellectual property—are owned by All Borrow, its licensors, or other content providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
The Services are provided solely for your personal, non-commercial use in accordance with these Terms.
Your use of the Services does not grant you any ownership or intellectual property rights in the Services or any content available through them.
Except as expressly permitted by these Terms or with All Borrow's prior written consent, you may not reproduce, copy, modify, publish, distribute, transmit, display, perform, create derivative works from, license, sell, exploit, or otherwise use any portion of the Services or their content.
You may not remove, obscure, alter, or modify any copyright notices, trademarks, proprietary notices, watermarks, or other legal notices appearing on or within the Services.
No right, title, or interest in or to the Services or any content is transferred to you. All rights not expressly granted herein are reserved exclusively by All Borrow.
All Borrow does not provide legal advice regarding intellectual property rights and assumes no responsibility for protecting, registering, enforcing, or advising you regarding your intellectual property rights.
Copyright Complaints
If you believe that content available through the Services infringes your copyright, you may submit a copyright infringement notice to:
Email: help@allborrow.com
Your notice should include:
- Your full legal name and your electronic or physical signature.
- Your mailing address, telephone number, and email address.
- A statement that you are the owner of the copyrighted work or are authorized to act on behalf of the copyright owner.
- A statement, made under penalty of perjury, that the information contained in the notice is accurate.
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A description of the copyrighted work(s) claimed to have been infringed.
- A description sufficient to identify the location of the allegedly infringing material on the Services.
Electronic Delivery Statement and Your Consent
You consent to receive all legal notices, disclosures, agreements, communications, and other information relating to All Borrow and the Services electronically, including by email to the address associated with your Account or otherwise provided by you. Electronic communications satisfy any legal requirement that such communications be in writing.
Term and Termination
These Terms remain in effect until terminated by either you or All Borrow.
All Borrow reserves the right, at any time and in its sole discretion, to suspend, restrict, or terminate your access to the Services, cancel pending orders, refuse future rentals, or discontinue any portion of the Services, with or without notice, for any reason, including but not limited to violations of these Terms, suspected fraud, abuse of the Services, excessive disputes or chargebacks, unlawful conduct, or legitimate business reasons.
Upon termination, all rights granted to you under these Terms shall immediately cease.
All Borrow has no obligation to retain, maintain, store, or provide copies of any content, account information, or other data associated with your Account following termination.
Termination shall not affect any rights or obligations that accrued prior to termination, including your obligation to pay any outstanding Rental Fees, Replacement Value, late fees, repair costs, collection costs, or any other amounts owed under these Terms.
The provisions relating to ownership, intellectual property, Replacement Value, payment obligations, indemnification, disclaimers, limitations of liability, dispute resolution, arbitration, governing law, and any other provisions that by their nature should survive termination shall survive termination of these Terms.
Disclaimer of Representations and Warranties
THE SERVICES, THE PLATFORM, ALL PRODUCTS, AND ALL ASSOCIATED CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
NEITHER ALL BORROW NOR ITS LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, CONSULTANTS, AGENTS, SERVICE PROVIDERS, SUCCESSORS, OR ASSIGNS MAKES ANY REPRESENTATION OR WARRANTY REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, ACCURACY, QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS, PERFORMANCE, OR NON-INFRINGEMENT OF THE SERVICES, THE PLATFORM, OR ANY PRODUCTS.
WITHOUT LIMITING THE FOREGOING, ALL BORROW DOES NOT WARRANT THAT:
- the Services or Platform will operate without interruption or error;
- any defects or errors will be corrected;
- the Services or Platform will always be available;
- the Services are free from viruses, malware, or other harmful components;
- Products will meet every Customer's personal preferences, expectations, or fit requirements;
- Product descriptions, colors, images, sizing, embroidery, or other characteristics will exactly match the appearance viewed on any electronic device; or
- the Services will satisfy your individual requirements.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL BORROW DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS.
Nothing contained in these Terms shall exclude or limit any warranty that cannot lawfully be excluded under applicable law.
Limitation of Liability
YOUR USE OF THE SERVICES, THE PLATFORM, ALL PRODUCTS, AND ANY CONTENT PROVIDED THROUGH THE SERVICES IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL BORROW, ITS AFFILIATES, LICENSORS, LENDERS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATING TO:
- your use of, or inability to use, the Services or Platform;
- any Products rented, sold, or delivered through the Services;
- any interactions between you and another user, Lender, carrier, or third party;
- any content available through the Services;
- shipping delays, carrier errors, customs delays, or events outside All Borrow's reasonable control; or
- any other matter relating to the Services or these Terms.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF ALL BORROW ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100.00), OR (B) THE TOTAL RENTAL FEES ACTUALLY PAID BY YOU TO ALL BORROW FOR THE SPECIFIC ORDER GIVING RISE TO THE CLAIM.
Nothing in these Terms excludes or limits liability that cannot legally be excluded under applicable law.
Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available through the Services is inaccurate, incomplete, or not current. All information is provided for general informational purposes only and should not be relied upon as the sole basis for making decisions without consulting more accurate, complete, or timely sources.
The Services may contain historical information that is provided solely for reference and may no longer be current.
All Borrow reserves the right to modify, update, remove, or replace any content on the Services at any time without notice and has no obligation to update information except where required by applicable law.
You acknowledge that it is your responsibility to monitor changes to the Services.
Indemnification
You are solely responsible for your use of the Services and Products.
You agree to defend, indemnify, and hold harmless All Borrow, its affiliates, licensors, Lenders, service providers, officers, directors, employees, contractors, consultants, agents, successors, and assigns from and against any and all claims, demands, actions, liabilities, damages, judgments, settlements, losses, fines, penalties, costs, and expenses (including reasonable attorneys' fees and investigation costs) arising out of or relating to:
- your use or misuse of the Services;
- your breach of these Terms;
- your violation of applicable law;
- your violation of any third-party rights;
- your negligence or intentional misconduct;
- damage to, loss of, theft of, or failure to return any Product;
- any Submission or content you provide through the Services; or
- any dispute between you and another user or third party.
All Borrow reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate fully in the defense of any such matter.
Limitation on Time to File Claims
Any claim or cause of action arising out of or relating to these Terms, the Services, or any Product must be commenced within one (1) year after the claim first arises. Any claim not commenced within that period is permanently barred to the fullest extent permitted by law.
Choice of Law
These Terms and any dispute arising from or relating to the Services or any Product shall be governed by the laws of the State of California, without regard to its conflict of law principles.
The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
Binding Arbitration and Jurisdiction
If a dispute arises between you and All Borrow, both parties agree to first make a good faith effort to resolve the dispute informally.
If the dispute cannot be resolved informally, any claim, controversy, or dispute arising out of or relating to these Terms, the Services, the Platform, any Product, or any transaction with All Borrow shall be resolved exclusively through binding arbitration on an individual basis under the Federal Arbitration Act.
YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY AND YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, CONSOLIDATED ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING.
Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, unless the parties mutually agree otherwise.
Information regarding AAA may be obtained at www.adr.org.
The arbitration shall be conducted before a single arbitrator.
If the arbitrator determines that arbitration costs would be prohibitively expensive compared to litigation, All Borrow will pay those costs necessary to allow the arbitration to proceed, to the extent required by the applicable AAA rules.
If the arbitrator determines that any claim asserted by you is frivolous or brought in bad faith, you agree to reimburse All Borrow for any arbitration fees and costs that All Borrow paid on your behalf to the extent permitted by law.
Unless the arbitrator determines that an in-person or telephonic hearing is necessary, arbitration may proceed through written submissions.
Nothing in this provision prevents either party from seeking temporary injunctive relief, compelling arbitration, confirming an arbitration award, or enforcing an arbitration decision in a court of competent jurisdiction.
If this arbitration provision is determined to be unenforceable or if AAA declines to administer the arbitration, exclusive jurisdiction and venue shall lie in the state or federal courts located in Orange County, California, and each party irrevocably submits to the personal jurisdiction of those courts.
Notwithstanding the foregoing, either party may bring an eligible claim in a court of competent small claims jurisdiction.
Severability and Integration
These Terms, together with any supplemental terms, policies, guidelines, schedules, FAQs, or other documents expressly incorporated by reference, constitute the entire agreement between you and All Borrow concerning the Services and supersede all prior or contemporaneous agreements, communications, representations, and understandings relating to the subject matter herein.
If any provision of these Terms is determined by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted by applicable law, and the remaining provisions shall remain in full force and effect.
Section headings are provided solely for convenience and shall not affect the interpretation of these Terms.
General Provisions
You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without the prior written consent of All Borrow.
All Borrow may assign or transfer these Terms, in whole or in part, without your consent, including in connection with:
(i) a merger, acquisition, or sale of all or substantially all of its assets;
(ii) a corporate reorganization;
(iii) a transfer to a parent company, subsidiary, or affiliate; or
(iv) any successor in interest.
Any attempted assignment in violation of this section shall be null and void.
Nothing contained in these Terms shall be construed to create any joint venture, partnership, employment, agency, fiduciary, or franchise relationship between you and All Borrow.
No waiver by All Borrow of any provision or breach of these Terms shall be deemed a continuing waiver or a waiver of any other provision unless expressly made in writing and signed by an authorized representative of All Borrow.
These Terms may be executed and accepted electronically, and electronic acceptance shall have the same legal effect as a handwritten signature.
Contact Information
The Services are operated by All Borrow, Inc.
All questions, notices, technical support requests, legal notices, or other communications relating to the Services should be directed to:
All Borrow, Inc.
15375 Barranca Pkwy, Suite K101
Irvine, CA 92618
Email: hello@allborrow.com
Phone: (949) 409-5859