Terms & Conditions of Service

READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THESE SERVICES.

"Nowanda.com" is the interactive on-line service operated on the world wide web of the internet. Nowanda is designed for the unique purpose of putting persons who want to rent items in contact with persons who have such items to rent. Content on the site is provided by Nowanda.com and third parties who use the site. "User" means each person who establishes or accesses a connection ("account") for access to and use of Nowanda.com.

1. Grant of Rights. Nowanda.com grants User a non-exclusive, non-transferable, limited right to access, use and display Internet access services provided by Nowanda.com, including, without limitation, rental advertisements, bulletin board services, and any other services which Nowanda.com may offer. User’s right of access and use shall be referred to in this Agreement as a “Services Account” and the Internet access services provided by Nowanda.com shall be collectively referred to in this Agreement as the “Services”.

2. Content.

a. User Solely Responsible. User recognizes that it is solely responsible for the content of any information it makes available by means of the Services, including, without limitation, information posted on a Web site, in an e-mail, in a rental advertisement or bulletin board service. Nowanda.com does not claim ownership of the Content you place on your Nowanda.com site. By uploading, submitting or otherwise disclosing or distributing content of any kind on the Nowanda.com site or otherwise through the Service you:

(i) Grant to Nowanda.com, its affiliates and their assignees the perpetual, irrevocable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit such content in any form for the purpose of providing the Services, including without limitation, any concepts, ideas or know-how embodied therein;

(ii) Represent and warrant to Nowanda.com that you own or otherwise control all rights to such content and that disclosure and use of such content by Nowanda.com (including without limitation, publishing content at the Nowanda.com site) will not infringe or violate the rights of any third party; and

(iii) Acknowledge that the content may not be treated confidentially; and

(iv) Agree not to provide Nowanda.com with any confidential or proprietary information that you desire or are required to keep secret.

b. Right to Monitor Content. Nowanda.com has the right to monitor the content which User or other users post through use of the Services, but shall have no obligation to do so. User agrees that if Nowanda.com, in its sole discretion, deems any content made available by User to be unlawful, fraudulent, unacceptable, offensive, obscene or otherwise objectionable, Nowanda.com has the right, but not the obligation, to remove or deny access to such content. User expressly agrees that Nowanda.com shall not be liable to it for any action Nowanda.com takes to remove or restrict access to such material, nor for any action taken to restrict access to material posted in violation of any law, regulation or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander and invasion of privacy. Nowanda.com has the right to take all reasonable actions to remove or restrict access to any such material, including restriction, suspension or termination of User’s access privileges and/or deletion of the objectionable material.

3. Proprietary Materials. Material accessible to User through the Services may be the subject of intellectual property rights, including, without limitation, patents, copyrights, trademarks and trade secrets. Except as expressly permitted by the owner of such rights, User may not reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any such material.

4. Member Conduct.

(a) No Prohibited Uses. User represents and warrants to Nowanda.com that he/she/it will not transmit by means of the Services any materials of any kind which:

(i) violates, plagiarizes, or infringes on the intellectual property or contractual rights of any third party, including copyright, trademark, service mark, patent, trade secret, confidentiality, or other rights;

(ii) is abusive, hateful, inflammatory, harmful, tortious, or racially, ethnically, or otherwise objectionable;

(iii) contains libelous, defamatory, obscene, pornographic, abusive or otherwise unlawful material;

(iv) contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(v) is exported in violation of any law, rule, or regulation governing exports from the United States;

(vi) is being used to harass, stalk, or otherwise threaten a person;

(vii) is libelous, defamatory, or invades any privacy or publicity rights of any third party;

(viii) impersonates any other person or otherwise falsely states or otherwise misrepresents an affiliation with a person or entity;

(ix) contains or promotes violence, drug use, illegal gambling, or other criminal activity;

(x) contains any virus, Trojan Horse, time bomb, or any other harmful or disabling software code;

(xi) is harmful to minors; or

(xii) contains or promotes any materials or information which may violate any law, rule, regulation, ordinance, or requirement to which you or we are subject.

(b) No Violation of Law. User expressly agrees not to use the Services in a manner that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation. User acknowledges that prohibited conduct includes, but is not limited to, use of the Services to invade the privacy of third parties, impersonate Nowanda.com personnel or other parties or entities, transmit abusive, profane, libelous, slanderous, threatening or otherwise harassing material via e-mail, chat services bulletin boards or User’s personal Web page(s). User also agrees not to use the Services to (i) violate the security of the Services; or (ii) attempt to utilize another User's account name or persona without authorization from that user.

(c) No Mass Mail. User agrees not to use the Services in connection with the sending of the same or substantially similar unsolicited electronic mail message, whether commercial or not, to a large number of recipients. User further agrees not to send unsolicited mass mailings from another service which in any way implicates the use of the Services, Nowanda.com equipment or any Nowanda.com electronic mail address. For purposes of this provision, merely making one's e-mail address accessible to the public shall not constitute a request or invitation to receive messages. For each violation of this provision, User agrees to pay Nowanda.com damages to compensate for any losses it may have including the loss of goodwill, but, where warranted, such as in the case of an accidental transmission, Nowanda.com may waive all or part of any applicable charge. Payment under this provision shall not prevent Nowanda.com from seeking to obtain other legal remedies, including other damages or an injunction.

5. Copyright Complaints. We respect the intellectual property rights of others, and require that the people who use the Services do the same. In appropriate circumstances, we will terminate the registration of any forum user who engages in any activity which may infringe on the intellectual property rights of others, including copyrights.

All copyright complaints, including complaints under the Digital Millennium Copyright Act, may be sent to our designated agent at:

Jonathan Lee

PO Box 101077

Chicago, IL 60610

6. System Resources. User acknowledges that Nowanda.com shall not provide more than 10 mega bytes of storage and that User is responsible for compliance with this limit. User expressly agrees that Nowanda.com shall not be liable to User or any third party for any damages resulting from any reasonable action Nowanda.com takes to enforce this provision, including, without limitation, deleting materials from User’s storage space.

7. User Information.

(a) Confidentiality of Passwords. User is solely responsible for maintaining the confidentiality of passwords, and agrees that Nowanda.com will have no obligations with regard thereto.

(b) Compliance with Investigations. Nowanda.com reserves the right to reveal any Registration Data or other information in its possession regarding User in cooperation with a request or investigation by any governmental body or governmental agency.

8. Confidentiality. User acknowledges that transmissions made by means of the Services are not confidential and that communications may be read or intercepted by others. User acknowledges that by transmitting materials by means of the Services, no confidential, fiduciary, contractually implied or other relationship is created. For more information, see our full privacy policy at www.Nowanda.com/privacypolicy.

9. Indemnity. User hereby agrees to indemnify, defend and hold harmless Nowanda.com and its employees, licensors, independent contractors, providers, subsidiaries and affiliates (collectively, the "Affiliates"), from and against any and all liability and costs incurred by the Affiliates in connection with any claim arising out of any breach of the foregoing representations, warranties and covenants, including, without limitation, attorneys' fees and costs. User shall cooperate as fully as reasonably required in the defense of any claim. Nowanda.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification and User shall, in any event, not settle any matter without the written consent of Nowanda.com.

10. Rental Advertisements and Rental Agreements.

a. Rental Advertisements. Rental advertisements describe items, products or goods that are offered for rent. Users who own property are responsible for the authenticity of the product and goods posted and for choosing the category in which they will place the rental advertisement. Additional costs relating to the rental of an item such as delivery charges, maintenance and/or any specific conditions regarding the rental of an item must be clearly indicated in the advertisement. Users are strictly prohibited from listing any contact information in the rental advertisements.

b. Rental Agreements. Users are free to choose with whom, at what point and under what conditions they wish to enter into a rental agreement with another User. In order to facilitate the process, Nowanda.com has a standard rental agreement for use by the Users [add link to rental agreement]. Once the rental agreement has been entered into between Users, the law of the State in which the owner resides, or other venue stipulated in the Rental Agreement shall apply.

c. Reliability of Transactions/No Guarantee. Nowanda.com is not a rental company, can not confirm the identity of each User and can not guarantee the truthfulness or precision of the online listings. In addition, Nowanda.com can not guarantee the ability of owners to rent the goods listed or the ability of renters to pay for the rental of these goods. A system called “Comments” or “Evaluations” is available to Users which allows them to evaluate the person with whom they are doing or have done a transaction. Items rented by Users may also be evaluated after a transaction.

11. Fees.

a. Fees. Nowanda.com charges fees for certain features and services that we offer although access to the Site and the use of selected features of the Service is free. All fees are set forth in the Pricing Guidelines [add link to complete pricing guidelines]. Nowanda.com may offer promotional pricing from time to time. In addition, Nowanda.com reserves the right to modify fees at any time in its sole discretion. Any fee modification shall take effect once it is posted on line. Unless otherwise indicated, fees are indicated in U.S. dollars and are net of applicable tax.

b. Payment of Fees. When you agree to pay for the Services, you agree to pay all fees and charges specified. We bill exclusively through electronic pathways and online. Nowanda.com is not responsible for any charges or expenses you incur resulting from being billed by us in accordance with these Terms and Conditions of Service (e.g., overdrawn accounts, exceeding account limits, etc.) Nowanda.com reserves the right to terminate a membership status for failure to pay for the Service on time.

12. Disclaimer of Warranty. THE SERVICES (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION ACCESSED BY ANY MEANS THEREOF) IS PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NOWANDA.COM MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTION OF OR ERROR IN THE SERVICES UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NOWANDA.COM’S NEGLIGENCE.

13. Limitation of Liability. In no event will Nowanda.com, or any person or entity involved in creating, producing or distributing Nowanda.com or the Nowanda.com software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Services. The user hereby acknowledges that the provisions of this section shall apply to all content on Nowanda.com. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply. In no event shall Nowanda.com’s total liability for all damages, losses, or causes of action exceed five hundred dollars ($500.00).

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. The user specifically acknowledges that Nowanda.com is not liable for the defamatory, offensive or illegal conduct of other the users or third-parties and that the risk of injury from the foregoing rests entirely with the user.

In addition to the terms set forth above neither, Nowanda.com, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within Nowanda.com, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Nowanda.com, its affiliates, information providers or content partners shall have no liability for investment decisions based on the information provided. Neither, Nowanda.com, nor its affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.

In many instances, the content available through Nowanda.com represents the opinions and judgments of the respective information provider, the user, or other user not under contract with Nowanda.com. Nowanda.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Nowanda.com by anyone other than authorized Nowanda.com employee spokespersons while acting in their official capacities. Under no circumstances will Nowanda.com be liable for any loss or damage caused by the user's reliance on information obtained through Nowanda.com. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Nowanda.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

By publishing or submitting any content including, articles, stories, postings and photographs to any part of Nowanda.com you give permission that such content may be used at the sole discretion of Nowanda.com anywhere else on the site, for any purpose, in its original or edited form, at any time in the future. Content will not be sold without permission of the original author or owner.

14. No Transfer of Services Account. User may not transfer a Services Account to another party or entity without the prior written approval of Nowanda.com, and any such transfer of a Service Account is subject to any limits established by Nowanda.com.

15. Modifications to Agreement. Nowanda.com has the right to modify this Agreement at any time. Any modification is effective immediately upon either a posting on the Nowanda.com Home Page (http://www.Nowanda.com), or upon notice by electronic mail, or U.S. mail. Continued use of the Services following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). The only right accruing with respect to User’s dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Nowanda.com in providing the Services, including, without limitation, (i) any change in the content of the Services, or (ii) any change in the amount or type of fees for Services, is to terminate Membership by delivering notice to Nowanda.com. Such notice will be effective upon receipt by Nowanda.com.

16. Termination of Services to User. In addition to any other rights of the parties set forth herein, User and/or Nowanda.com may terminate this Agreement at any time; however, Nowanda.com will not refund any portion of membership fees paid by User for any reason. Nowanda.com also reserves the right to restrict, suspend or terminate the Services in whole or in part, without notice, (i) with respect to any breach or threatened breach of Sections 3 or 4 of this Agreement, or (ii) for any other reason, at the sole discretion of Nowanda.com. If Nowanda.com terminates User’s Service Account pursuant to this Section 16, Nowanda.com reserves the right to deny access to the Services in whole or in part, including, without limitation, removing User’s Web site from the Nowanda.com server, and to refuse to provide any further service following such termination.

17. Entire Agreement. This Agreement constitutes the entire agreement with respect to the Services and supersedes all prior agreements between User and Nowanda.com. Failure by Nowanda.com to enforce any provision of this agreement shall not be construed as a waiver of any provision or right.

18. Choice of Law. Interpretation and enforcement of this agreement shall be governed by the laws of the state of Illinois (excluding its choice of law rules). User consents to personal jurisdiction in the Federal and State courts of Cook County, Illinois, for any action arising out of or relating to User’s use of the Services. The Federal and State courts of Cook County, Illinois shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including, but not limited to, its costs, both taxable and non-taxable, and reasonable attorney's fees.

19. Severability. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.