Terms of Service

Last Updated: April 7, 2017

Welcome to LibLob, a fun peer-to-peer rental marketplace for outdoor sports items provided by TopBack Technologies, LLC. Please review this entire Terms of Service before you decide whether to accept it and continue with the registration process.
BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS.

This Agreement

SCOPE: These Terms of Service ("Terms") describe the terms and conditions that govern your use of and participation in TopBack Technologies, LLC. services, including our Site, web widgets, feeds, mobile device software applications ("Apps"), applications for third-party web sites and services, and any other mobile or web services or applications offered by TopBack Tech (collectively the "Service").

TERMS DEFINED: The following defined terms appear in this Terms of Service.
  • "You", “you”, “User”, or “Buyer”: applies to all visitors, users, and others who access the Site and/or Service, including any person authorized to use your account.
  • “TopBack Tech", "we," or "us": applies to TopBack Technologies, LLC.
  • LibLob: peer-to-peer rental marketplace for outdoor sports items.
  • Lobbers: owners of outdoor sports equipment interested in renting said equipment via LibLob.
  • Libbers: individuals interested in renting outdoor sports equipment.
  • The Site, web widgets, feeds, mobile device software applications ("Apps"), applications for third-party web sites and services, and any other mobile or web services or applications offered by TopBack Tech are collectively referred to as the "Service."

MINORS: This Service is intended solely for people (18) years of age or older, and any registration, use or access to the Service by anyone under 18 is strictly prohibited. TopBack Tech reserves the right to limit or restrict access by any person, in our sole discretion.

Use of Our Service

TopBack Tech is the provider of LibLob. Lobbers represent that they are owners or rightful possessors of outdoor sports equipment (“Items”), such as a bicycle, surfboard, standup paddleboard, snow skis, snowboard, kayak, boat, recreational vehicle (RV), tent, snowmobile, motorized scooter, motorcycle, and other related items. Lobbers use our service to rent Items to Libbers, individuals interested in renting the Items for a rental fee. When you use our service to conduct a Rental, you will be required to agree to a rental contract. The Rental Contract is an agreement between a Lobber and a Libber.
TOPBACK TECH IS NOT A PARTY TO THE RENTAL CONTRACT.
After the rental, both Libbers and Lobbers are encouraged to submit feedback to LibLob following the completion of each Rental. We may block you from further use of our service until you have submitted such feedback.

ACCOUNT REGISTRATION: In order to rent or list an Item on LibLob, you will need to establish a member account ("Account"). By applying for an Account, you give us permission to disclose certain parts of your personal information to third parties for verification purposes, and to obtain additional information about you. When applying for and creating your Account, you must provide accurate and complete information, and keep such information updated and accurate throughout the term of these Terms. When establishing your Account, you will also be required to select a payment method.
By providing TopBack Tech your email address, you consent to our using the email address to send you Service-related email, including any notices required by law, in lieu of communication by postal mail. By providing TopBack Tech your cell phone number, you consent to our using the phone number to send you Service-related SMS messages. You may not opt out of Service-related emails or SMS messages.
We may also use your email address and/or cell phone number to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such messages, you may opt out or change your preferences in your Settings page. Opting out may prevent you from receiving messages regarding updates, improvements or offers.
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify TopBack Tech immediately of any breach of security or unauthorized use of your Account. TopBack Tech will not be liable for any losses caused by any unauthorized use of your Account.

LICENSE: Subject to your compliance with this Agreement, TopBack Tech hereby grants you a limited, non-exclusive, non-transferable, fully revocable license to view and use our services for your own personal, non-commercial purposes in accordance with this Agreement and any guidelines or policies posted on our websites or applications. TopBack Tech may accept or reject account applications in our sole discretion. Subject to your compliance with this Agreement, TopBack Tech grants the operators of public search engines revocable permission to use spiders to copy materials from liblob.com and topbacktech.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
You retain all your ownership rights in your User Content. By posting any User Content on the Service, you expressly grant that it does not violate any third-party rights. You further represent and warrant that you have a right to grant to TopBack Tech a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content, pictures uploaded, and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with TopBack Tech's (and its successors and affiliates) business.

RESTRICTIONS: In using or accessing LibLob, you agree to not engage in any of the following prohibited activities:
  1. copying, distributing, or using any automated system, including without limitation "robots," "spiders," "offline readers," “scrapers,” etc., to access any part of our services for any purpose without our express written permission;
  2. framing our websites or any portion of our sites on another website or mobile application without our written permission;
  3. taking any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
  4. uploading, posting, transmitting or otherwise distributing any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized solicitation;
  5. attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
  6. using the Site, App or Service in any manner to circumvent or secure a rental outside of the Service or to avoid fees payable to TopBack Tech in connection with your use of the Service;
  7. abusing or exploiting bugs, undocumented features, design errors or problems in our services;
  8. uploading invalid data, viruses, worms, or other software agents through the Service;
  9. collecting or harvesting any personally identifiable information, including account names, from the Service;
  10. using the Service for any commercial solicitation purposes;
  11. impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
  12. uploading, posting, transmitting or otherwise distributing (including by emailing us) any content that threatens or attacks others on the basis of race, ethnicity, national origin, sexual orientation, gender, religion, age, disability or disease; is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, profanity, obscene, libelous, invasive of another's privacy, hateful, embarrassing, harmful to minors; or is otherwise reasonably objectionable to any person or entity;
  13. accessing any content on the Service through any technology or means other than those provided or authorized by the Service;
  14. using another member's Account, permitting anyone else to use your Account, or assigning or otherwise transferring your Account to any other person or entity;
  15. impersonating any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
  16. uploading, posting, transmitting or otherwise distributing any content that contains viruses or any other computer code, files or programs which interrupt, destroy, limit the functionality of, or cause damage to our services or any computer software or hardware or telecommunications equipment;
  17. disrupting the normal flow of dialogue in our forums or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  18. interfering with or disrupting our services or servers or networks connected to the services, or fail to comply with any requirements, procedures, policies or regulations of networks connected to the services;
  19. violating any applicable local, state, national or international law;
  20. violating any of the guidelines or policies associated with our services;
  21. interfering with the ability of others to enjoy our services;
  22. stalking, harassing, or otherwise harming another user of our services, TopBack employee or third party;
  23. collecting, storing or distributing personal data about other users of our services; or
  24. bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

TopBack Tech may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if in TopBack Tech's sole determination you violate any provision of these Terms. TopBack Tech also retains the right to remove or suspend listings for any reason, including a violation or suspected violation of these Terms. All aspects of the Service are subject to change or subject to elimination at TopBack Tech's sole discretion. TopBack Tech reserves the right to interrupt the Service with or without prior notice for any reason. You agree that TopBack Tech will not be liable to you for any interruption of the Service, delay or failure to perform.
The Service is controlled and operated from its facilities in the United States. TopBack Tech makes no representations that the Service is appropriate for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

Fees and Payment Processing

Fee Schedule and Billing Policies: You agree to the fees and charges, terms of sale, payment and billing policies applicable to your use of the Service as stated in our Rental Contract. TopBack Tech may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. All fees and charges for your use of the Service are non-refundable, except as may be expressly stated in the Rental Contract.

Payments: If you are a Lobber, you may set the Rental fee for your Item as permitted by the Service, provided, that you list your Item for a nominal value (i.e., you cannot list your Item for free). TopBack Tech will remit payments due to you based on the selection made by you during Account Registration: (a) if you chose to be paid by check, the check will be issue no later than thirty (30) days after the end of any calendar month in which the amount of fees received and due to you are greater than $50.00, or (ii) if you chose to be paid by Stripe, fees already received and due to you will be processed no later than thirty (30) days after the end of any calendar month. TopBack Tech reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under these Terms, or any amounts due as a result of a breach of these Terms by you, pending TopBack Tech's reasonable investigation of such breach.

Your Responsibilities: To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which may include required tax information for certain Lobber’s whose annual payments will exceed $500, or as otherwise required by applicable law. If we believe that we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your payments until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information. Any bank fees related to returned or canceled checks due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. If you dispute any payment made hereunder, you must notify TopBack Tech in writing within thirty (30) days of any such payment; failure to so notify TopBack Tech shall result in your waiver of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by TopBack Tech. No other measurements or statistics of any kind shall be accepted by TopBack Tech or have any effect under these Terms.

User Content

Some areas of the Service require you to post feedback, or may allow you to post comments, questions, images and other information ("User Content"). You are solely responsible for any User Content that you upload, publish, display, link to or otherwise make available (hereinafter, "post") on the Service, and you agree that LibLob only acting as a passive conduit for your online distribution and publication of your User Content. You understand that TopBack Tech does not guarantee any confidentiality with respect to any User Content.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains contact or other information in an attempt to circumvent the Service or avoid fees in connection with your use of the Service; or (ix) contains any information or content that you know is not correct and current.
TopBack Tech reserves the right, but is not obligated, to reject and/or remove any User Content that TopBack Tech believes, in its sole discretion, violates any provision. TopBack Tech takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service.
Any loss, damage, or misuse that occurs as a result of user content that you send, upload, download, stream, receive, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. You acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and you agree that TopBack Tech shall not be liable for any damages you incur as a result of such user content.

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under 13, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation's consumer protection agency, enforces the COPPA Rule, which sets forth what operators of websites and online services must do to protect children's privacy and safety online.
WE DO NOT MARKET OUR SERVICE WHATSOEVER TO CHILDREN.

Interactions Among Users

You are solely responsible for your interactions with other LibLob Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. TopBack Tech shall have no liability for your interactions with other Users, or for any Users action or inaction, with respect to Rentals or the Service. You acknowledge that TopBack Tech does not offer transportation services for any reason including the transport of Items rented. Instead, the Service allows Libbers and Lobbers to transact Rentals to be picked up and dropped off directly with each other, or through third-party delivery. While we may help facilitate successful transactions and the resolution of disputes, we do not guarantee the quality, safety, truth or accuracy of Rentals, User Content, or other services or transactions available via the Service.
If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes or your use of the Services.

Specific Disclaimer for California Residents

If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Availability

TopBack Tech will use commercially reasonable efforts to minimize disruption to its services. However, there will be occasions when the Site may be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of TopBack Tech. You agree that TopBack Tech shall not be liable to you for any modification, suspension or discontinuance of the Site or the Service. You are responsible for obtaining access to the Site and any third party fees (such as Internet service provider or airtime charges) that you incur.

External Links

From time to time TopBack Tech may provide links that will take you to third party website. If you decide to access linked website you do so at your own risk. TopBack Tech does not endorse or take responsibility for the content on other website or the availability of other website and you agree that TopBack Tech is not liable for any loss or damage that you may suffer by using other website.

Modification of Terms of Service for Buyers

We reserve the right to amend these Terms from time to time without notice. Your continued use of the Site constitutes acceptance of any amendments, additions, or modifications to these Terms.

Privacy

We care about the privacy of our Users. Our Privacy Policy outlines how we use and safeguard your information. By using the Service, you are consenting to have your personal data collected, used, transferred to and processed in the United States.

Security

We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Governing Law

The Service, Terms, and any dispute arising from your use of this site are governed by the laws of the State of Florida without giving effect to any principles of conflict of laws. If any provision of these Terms of Use shall be held to be invalid, illegal or unenforceable, the remaining provisions shall not in any way be affected or impaired thereby. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. If you are a Lobber and have a claim against a Libber, the Rental Contract provides that you must notify us prior to the earlier of (a) two weeks from the return of your Item in connection with that Rental, or (b) commencement of a subsequent Rental for the same Item.

Indemnity

You agree to indemnify and hold harmless TopBack Tech and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code. You will defend TopBack Tech from and against any such claims at TopBack Tech request.

Disclaimer of Warranties

THE INFORMATION AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" AND FOR INFORMATIONAL PURPOSES ONLY. TOPBACK TECH MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE SUITABLE FOR YOUR NEEDS, IS COMPLETE, TIMELY, RELIABLE, OR FREE FROM ERRORS, INACCURACIES OR TYPOGRAPHICAL MISTAKES. TOPBACK TECH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THE RIGHTS OF OTHERS. WE DO NOT WARRANT THAT THE SITE WILL BE FREE OF ERRORS OR VIRUSES, WORMS OR OTHER DESTRUCTIVE OR HARMFUL CODE.

Limitation of Liability

IN NO EVENT SHALL ANY TOP TECH PARTY BE RESPONSIBLE OR LIABLE TO BUYER OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY, DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY TOP TECH PARTY OR THE SERVICE, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR BY WAY OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE TOP TECH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL THE TOP TECH PARTIES' TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE NET FEES TOP TECH HAS ACTUALLY RECEIVED AND RETAINED FROM THE BUYER'S VALID PAYMENT TRANSACTIONS DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. Each party acknowledges that the other party has entered into this Terms of Service relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. In addition to and without limiting any of the foregoing, no Top Tech Party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information. In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:

We will notify the users via email within 7 business days of our actual knowledge of the breach;
We will notify the users via website notification; and
Within 7 business days of our actual knowledge of the breach, we also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.

Contact

Any questions, comments or suggestions, including a report of any violation of these Terms, should be provided to us at info@liblob.com. Any complaints of copyright violation should be addressed to the following:
Attn:
TopBack Technologies, LLC.
601 Innovation Way
Daytona Beach, FL 32114
Email:
info@liblob.com