The following Terms of Service (“Terms”) between you (“you” or “your”) and BorrowBollywood, LLC. (“we,” “our,” “us,” or “BorrowBollywood”) describes the terms and conditions on which you may access and use the BorrowBollywood website located at BorrowBollywood.com (the “Site”), and related services including BorrowBollywood’s product rental and sale services (together with the Site, and the BorrowBollywood Content, as definead below, the “Services”). By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms.

 

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES. BY CLICKING “I AGREE” OR OTHERWISE ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS.

Notice of Agreement to Arbitrate and Class Action Waiver

By accepting these Terms, you are agreeing to the arbitration agreement and class action waiver contained in Section 8 of these Terms below.

 

  1. About the Services
  2. Rental of Products
  3. Use of the Services
  4. Intellectual Property
  5. Termination
  6. Disclaimer of Warranties; Limitation of Liability
  7. Miscellaneous

 

  1. ABOUT THE SERVICES

 

  • A. Introduction

Through the Services, we aim to give you access to beautiful clothing and accessories, and other content to help you decide which items are perfect for you.

 

  • B. Mobile Charges

To the extent you access the Services through a mobile or wireless device, your carrier’s standard charges, data rates and other fees may apply.

 

  • C. Eligibility

Children under the age of 13 may not use the Services and parents or legal guardians may not agree to these Terms on their behalf. Children under 18 years of age but at least 13 years of age may use the Site under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not rent or purchase any clothing or accessories (“Products”) via the Services. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, you are fully responsible for his or her use of the Services and the rental or purchase of any Products, including all legal liability he or she may incur.

 

  • D. Modification of the Services or the Terms

BorrowBollywood may modify these Terms or modify, suspend, or discontinue the Services at any time for any reason. However, BorrowBollywood will use commercially reasonable efforts to notify you of material changes to these Terms by posting a notice on the Site and/or sending an email to the email address you provided to BorrowBollywood upon registration.

 

  1. RENTAL OF PRODUCTS

 

  • A. General Conditions

 

The Services include the rental of Products. This Section 2(A) sets out terms and conditions that apply to your rental of any Product.

 

18 YEARS OR OLDER. Products may be rented for use by individuals under 18 years of age, but we rent only to adults, who may rent the Products with a payment card or other approved payment method. By clicking agreeing to these Terms, you represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting the Products as described in these Terms.

 

LIMITS. You acknowledge and agree that we may place limits on the rental of Products, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit any rentals of Products for any reason in our sole discretion, including but not limited to availability and geographic concerns.

 

DELIVERY. All deliveries will be through BorrowBollywood’s shipping partners, which may change from time to time at BorrowBollyood’s discretion. The shipping method used will be at the discretion of BorrowBollywood.

 

COLLECTIONS. If you do not pay the amounts you owe to BorrowBollywood when due, then BorrowBollywood will need to institute collection procedures. You agree to pay BorrowBollywood’s costs of collection, including without limitation reasonable attorneys’ fees.

 

COMMUNICATIONS. You consent to receive email communications from us, including for the purposes of notifying you about the status of your order, sending you reminders, facilitating secondary authentication, and providing other information. You may opt out of receiving communications by following the unsubscribe procedures we provide to you. You acknowledge that opting out of receiving communications may impact your use of the Services.”

 

  • B. Rentals

The following additional conditions apply to the rental of any Product.

 

RENTAL FEE. The rental fee (“Rental Fee”) for the Product will be the total of the rental fee, insurance charges and delivery charges listed on the Site or App for your rental of the Product. When you place your rental order for a Product, you hereby authorize BorrowBollywood to charge your payment card for the Rental Fee. BorrowBollywood will charge your payment card the amount of the Rental Fee immediately upon your rental order. A reservation of a Product on the Site is an order for the rental of that Product, regardless of how far in advance that Product is reserved. In addition, at the time of your rental order for a Product, you hereby authorize BorrowBollywood to charge your payment card for an amount equal to 200% of the original retail value of the Product (when new) set forth on the Site (“Retail Value”) plus applicable sales taxes; provided that BorrowBollywood will only charge your payment card for an amount greater than the Rental Fee as described below. Rental Fees exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by BorrowBollywood, shall be paid by you to BorrowBollywood in connection with your rental order.

CANCELLATION POLICY. You may cancel your rental order subject to the following cancellation fees and policies:

  1. If you cancel thirty (30) or more days in advance of the delivery date, there is no cancellation fee and you will receive a full refund issued to the payment card you used for the order.
  2. If you cancel less than thirty (30) days but more than fourteen (14) days in advance of the delivery date, you will receive a 75% refund.
  • If you cancel fourteen (14) or fewer days in advance of the delivery date, you will receive a 50% refund.

 

RETURN PACKAGING. With delivery of the Product, BorrowBollywood will provide you with a pre-paid, pre-addressed BorrowBollywood mailing envelope (as the case may be) as well as instructions for your use in returning the Products to BorrowBollywood.

 

RECEIPT OF THE PRODUCTS. Upon delivery, you bear responsibility for the Product(s). You acknowledge that a Secure Shipping Address is highly recommended. A “Secure Shipping Address” means a location where an individual can physically receive Product(s). In the event that an un-secure shipping address is provided, BorrowBollywood does not bear liability for Products left unattended. Furthermore, you acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which BorrowBollywood will not be liable. You will be liable for all such delays and additional delivery fees.

 

USE OF THE PRODUCTS. You agree to treat the Products with great care. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, rips, missing beads, stuck zippers or other minor damage. If you return a Product that is damaged beyond normal wear and tear, then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Product, as determined in our discretion, up to the Retail Value for the Product.

 

RETURN OF THE PRODUCTS; EXTENSIONS. You agree to return the Products to BorrowBollywood in the Return Packaging on or before the return date for the Products that are identified in the online invoice for your order. You may request to extend your order for a Product by emailing BorrowBollywood at help@BorrowBollywood.com; provided that any extensions are subject to other orders for that Product and to pre-payment of the additional Rental Fee applicable to that Product for the period of time of the extension. You must return the Product by delivering the Product in the Return Packaging to a USPS store located in the United States by 12 p.m. on or before the date that the Product is due. We are not responsible for any personal or other items left in the Products or which are returned to BorrowBollywood in the Return Packaging. If you believe you have accidentally or otherwise sent us any such items, please contact customer service as soon as possible at help@BorrowBollywood.com. Our staff may assist in attempting to locate such items at a customer’s request, but are not obligated to and assume no liability for doing so.

 

LATE FEES. If you return the Products late or not at all, a late fee of fifty dollars ($50.00) will be charged to the payment card you used to pay the Rental Fee or to any other payment card included in your account information that you have provided to BorrowBollywood for every day that you are late returning the Products, and you agree to pay such late fees, up to an amount not to exceed 200% of the Retail Value plus applicable sales tax (plus the Rental Fee). The late fee is payable for each order of Products that is not returned when due, not for each Product that is the subject of the order that is late. If you have not returned a Product within twenty (20) days after the return date for the Product, your late return will be considered a non-return and BorrowBollywood will charge your payment card the maximum late fee set forth in this Section 2(B), less any late fees that you have already paid, plus applicable sales tax.

 

PAYMENT OF 200% RENTAL VALUE BorrowBollywood will not charge you for more than an amount equal to 200% of the Retail Value plus the Rental Fee, in the aggregate, for any charges arising under this Section 2(B), excluding collection costs. If you pay BorrowBollywood an amount equal to 200% of the Retail Value under this Section 2(B) and you still possess the Product, the Product is yours to keep, though on an “AS IS” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by you pursuant to this Section 2(B).

 

LOST RETURN PACKAGING. If you lose the Return Packaging, you will be responsible for returning the item at your own expense by the expected return date, and providing BorrowBollywood with a tracking number. Email the tracking number to help@BorrowBollywood.com.

 

LIMITED WARRANTIES. The following are the limited warranties BorrowBollywood provides in connection with Product rentals. BorrowBollywood’s liability to you for failure to comply with any of these warranties is limited to timely delivery of Product conforming to the warranties or a refund of the Rental Fee (excluding insurance and delivery charges) as determined by BorrowBollywood. See Section 7(A) below.

  • CORRECT PRODUCTS.Subject to availability, we will deliver the Products you ordered, including the specified size, color and design, on or before the delivery date for which you ordered them, except in the rare event that the Product is damaged beyond repair or there is an occurrence subsequent to the placing of the order that prevents timely delivery. In such event, we will use reasonable efforts to notify you that the Product is unavailable. If we are able to reach you, you will be entitled to choose any available rental Product to replace the unavailable Product. If we are unable to reach you, you acknowledge and agree that we may send you a replacement product of the same or greater value. Products may appear different in color and style than as displayed on the Site.
  • CLEAN AND READY TO WEAR. The Products will be professionally cleaned and delivered ready to wear. BorrowBollywood dry cleans and inspects each Product with the utmost care, but use of the Product is at your own risk and BorrowBollywood shall not be held liable for any health-related complaints associated with any Product.
  • SIZING RETURNS.If your Product does not fit you, then you may return the Product to BorrowBollywood within 24 hours (excluding Sundays and holidays) of the date you received the Product by contacting BorrowBollywood at help@BorrowBollywood.com and returning the Product in conformance with the return procedures above (a “Sizing Return”). BorrowBollywood will then credit the amount you paid in full back to you within 5-7 business days, so long as the Product, in our sole discretion, has not been worn.

 

  • BACKUP PRODUCTS. If you order a Product hereunder, you may also order a backup Product (at the same or lower price tier as the first Product) (a “Backup Product”) for the same time period that you order the first Product. Backup Products will be complimentary. Once you place an order for a Product, you will receive an email within 24 hours of how to order a Backup Product. You must let us know using the instructions in the email, of which Backup Product you would like us to send along with the Product you ordered. Any Backup Products must be returned together with the Product with which it was ordered. These Terms apply to any Backup Products just as to any other Product; provided that the sizing guarantees and credits described under “Sizing Returns” do not apply. We may discontinue the availability of Backup Products at any time.

 

  1. Use of the Services

 

  • A. BorrowBollywood Content

 

CONTENT PROVIDED “AS IS.” All content and information available through the Services, including but not limited to product descriptions and specifications, product photos, advice from stylists and photos and comments from other users (“BorrowBollywood Content”) is available to you on an “as is” basis and is to be used for general information purposes only. Such information is provided on a blind-basis, without any knowledge as to your identity or specific circumstances. The BorrowBollywood Content is provided with the understanding that such information does not constitute professional advice or services. As such, you agree not to rely upon or use any BorrowBollywood Content as a substitute for consultation with professional advisors. As used in these Terms, the Services include the BorrowBollywood Content.

 

UPDATES We may update the BorrowBollywood Content, including Product descriptions and specifications, as we deem appropriate and without notice to you. If you have any questions about the existence of more current information, please send those questions to legal@BorrowBollywood. We take your questions and requests for information seriously, and we will use reasonable efforts to respond in a timely manner. However, we cannot guarantee a prompt response in all cases.

 

  • B. Third Party Content

 

LINKS TO THIRD-PARTY WEBSITES. The Services may contain links or references to non-BorrowBollywood websites, products, services or other materials or content (“Third Party Content”). This Third Party Content is provided to you as a convenience, and BorrowBollywood is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any Third Party Content is independent from BorrowBollywood, and BorrowBollywood has no control over the Third Party Content. In addition, a link to any Third Party Content does not imply that BorrowBollywood endorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa.

 

  • C. Acceptable Use Policy

 

USE OF BORROWBOLLYWOOD CONTENT. No part of the Services, including the BorrowBollywood Content, may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that BorrowBollywood authorizes you to view, copy, download, and print BorrowBollywood Content (such as press releases and FAQs) that is available on the Site, provided that: (a) you use the BorrowBollywood Content solely for your personal, noncommercial, informational purposes; (b) you do not modify the BorrowBollywood Content; and (c) you do not remove any copyright, trademark, and other proprietary notices on the BorrowBollywood Content.

 

USE OF THE SERVICES. You may not use the Services to: (i) transmit any content, information or other materials that are, or which BorrowBollywood considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity; (ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code; (iv) display material that exploits children under 18 years of age; (v) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; (vi) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; impersonate any other person, including but not limited to, a BorrowBollywood representative; (vii) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent’s consent in case of a child under 13 years of age); (viii) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or (ix) violate any applicable local, state, national or international laws or regulations.
You also agree that you will not (and will not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.

 

INDEMNIFICATION FOR BREACH. By using the Services, you agree to indemnify, hold harmless and defend BorrowBollywood and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Terms.

 

  • D. Your Content

 

If you post, upload or make available to BorrowBollywood or the Services, or otherwise submit to or through BorrowBollywood as part of your use of the Services, including the Site, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Products (“Your Content”), you hereby grant to BorrowBollywood a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms, including Section 3(C), and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize BorrowBollywood to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.

 

  • E. Your Account

 

Access to parts of the Services requires the creation of a user account, including a user name and password that you choose upon registration. You are solely responsible and liable for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your account information and all use or charges incurred from use of the Services with your account. You agree to notify BorrowBollywood promptly of any unauthorized use of your account or password.

 

  • F. Delays

 

There may be delays, omissions, or inaccuracies in the Services, including the BorrowBollywood Content. The Service may become unavailable due to maintenance or malfunction of computer equipment or other reasons.

 

  • G. Job Postings

 

BorrowBollywood may list open employment positions on or through the Services. These postings are for informational purposes only and are subject to change without notice. You should not construe any information on or made available through the Services as an offer for employment or promotion or solicitation for employment not authorized by the laws and regulations of your locale.

 

  1. INTELLECTUAL PROPERTY

 

  • A. Ownership of the Services

 

The Services, including the BorrowBollywood Content, including all intellectual property rights in and to the Services and any changes, modifications or corrections thereto, are the property of BorrowBollywood and its affiliates and licensors, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, “BorrowBollywood” and the BorrowBollywood logo are pending trademarks of BorrowBollywood, LLC, under the applicable laws of the United States. Other BorrowBollywood product or service names or logos appearing on or through the Services are either pending trademarks or trademarks of BorrowBollywood and/or its affiliates. All other product names are trademarks or registered trademarks of their respective owners. BorrowBollywood and its affiliates and licensors reserve all rights in and to the Services not granted expressly in these Terms.

 

Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the Services or any BorrowBollywood Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of BorrowBollywood or such third party that may own such BorrowBollywood Content.

 

  • B. Services License

 

Subject to your compliance with these Terms, BorrowBollywood grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes.

 

 

  • C. Feedback

 

By sending us any feedback, ideas, suggestions, documents or proposals (“Feedback”), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights in the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that BorrowBollywood may use your Feedback without restriction or obligation to you or any third party.

 

  • D. Notice and Take Down Procedures; Copyright Agent

 

If you believe any BorrowBollywood Content infringes your copyright, you may request removal of those materials (or access thereto) by contacting BorrowBollywood copyright agent (identified below) and providing the following information: identification of the copyrighted work that you believe to be infringed, including a description of the work, and where possible a copy or the location (e.g., URL) of an authorized version of the work; identification of the material that you believe to be infringing and its location, including a description of the material and its URL or any other pertinent information that will allow us to locate the material; your name, address, telephone number and e-mail address; a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; a statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and a signature or the electronic equivalent from the copyright holder or authorized representative.

 

BorrowBollywood’s agent for copyright issues relating to the Services is as follows:

E-Mail address: legal@BorrowBollywood.com

In an effort to protect the rights of copyright owners, BorrowBollywood maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Services who are repeat infringers.

  1. TERMINATION

 

  • A. Termination By You

 

You may deactivate your account and discontinue your use of the Services at any time. In order to deactivate your account, please contact us at help@BorrowBollywood.com. You understand that Your Content may continue to exist and be used on or through the Service even after such deactivation.

 

  • B. Termination By BorrowBollywood

 

Any violation of these Terms, including any of the prohibitions in Section 3(C), may result in suspension or termination of your access to the Services and/or removal of Your Content. BorrowBollywood may also terminate your account if BorrowBollywood determines that your conduct poses a risk or liability to BorrowBollywood, or for any other reason as determined by BorrowBollywood in its sole discretion.

 

  • C. Effects of Termination

 

In each of these cases, the Terms will terminate, including your license to use the Services, except that the following sections shall continue to apply: 2(A) (Collections), 2(B) (Rental Fee, Late Fees, Lost Return Packaging), 2(C) (Failure to Pay Fees), 3(A)-(D), 4(A), 4(C) (Acknowledgment), 4(D), 5(C), and 6-8, including the mandatory arbitration and class-action waiver provisions.

 

  1. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

  • A. Limited Warranties

 

The limited warranties set out in Section 2(B) for rentals apply only to you and may not be assigned, sold or transferred to any third party. No other warranties are granted by BorrowBollywood in connection with the Services or Products. The limited warranties shall not apply to any matters arising from your violation of these Terms.

 

Your sole and exclusive remedy and BorrowBollywood sole and exclusive liability for a breach by BorrowBollywood of the limited warranties set out in Section 2(B) shall be, at BorrowBollywood’s option, BorrowBollywood’s use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of your Rental Fee, as applicable (excluding insurance and delivery charges).

 

  • B. Disclaimer of Warranties

 

Except for the limited warranties set out in section 2(b), the services and products are provided “as is” without any express or implied warranties, including without limitation the warranties of merchantability, quality or fitness for a particular use. Specifically, but without limitation, BorrowBollywood does not warrant that: (i) the services, including the BorrowBollywood content, are correct, accurate, reliable or complete; (ii) the services will be uninterrupted or error-free; (iii) defects will be corrected, (iv) the services or the server(s) that makes the services available are free of viruses or other harmful components, or (v) the products will be fit for your intended purpose or otherwise accord with your expectations. This disclaimer does not apply to new jersey residents or transactions or where otherwise prohibited by law.

 

  • C. Limitation of Liability

 

Under no circumstances shall BorrowBollywood be liable for any damages of any kind, including without limitation direct, indirect, incidental, special, consequential, exemplary, multiple or other damages arising out of or in connection with the use of, or the inability to use, the services and/or the products, even if BorrowBollywood has been advised of the possibility of such damages. Your sole and exclusive remedy hereunder shall be as set forth under section 7(a) or to discontinue your use of the services and terminate these terms. The foregoing limitation of liability does not apply to ew jersey residents or transactions or where otherwise prohibited by law.

7.  MISCELLANEOUS

 

JURISDICTIONAL ISSUES. BorrowBollywood makes no representation that the Services are appropriate or available for use outside the United States. Those who choose to access the Services or any part thereof from outside the United States do so at their own risk and are responsible for compliance with applicable local laws. The Services may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that BorrowBollywood intends to announce or make available such products or services to the general public, or in your country. Contact BorrowBollywood at help@BorrowBollywood.com to determine which products and services may be available to you.

 

EXPORT LAWS. The laws of the United States of America prohibit the export of certain software and data to particular persons, territories, and foreign states. You agree not to export the Services, including the BorrowBollywood Content, or any part thereof, in any way, in violation of United States law.

 

GOVERNING LAW AND VENUE. These Terms are governed and interpreted pursuant to the laws of the State of New York, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that, notwithstanding the mandatory arbitration provision we have agreed to above, results in court action, shall be resolved exclusively by a state or federal court located in Broome County, New York, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens.

 

ENTIRE AGREEMENT. These Terms are the entire agreement between you and BorrowBollywood relating to the subject matter herein and shall not be modified except by BorrowBollywood in accordance with these Terms, or as otherwise agreed in writing by you and BorrowBollywood. No employee, agent or other representative of BorrowBollywood has any authority to bind BorrowBollywood with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.

 

SEVERABILITY AND WAIVER. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The preceding sentence does not apply to New Jersey residents or transactions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

 

ASSIGNMENT. You may not assign or transfer these Terms or any of your rights or obligations under these Terms. BorrowBollywood may assign these Terms at any time without notice to you.

 

FORCE MAJEURE. BorrowBollywood will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond BorrowBollywood’s reasonable control.

 

CONTACT INFORMATION. Please send any questions or comments, or report violations of these Terms, to BorrowBollywood at legal@BorrowBollywood.com.