Terms of Use

Effective Date: 07/19/2026

BorrowAPencil.org ("Website") is owned and operated by Distant Earth Web Development LLC ("Company", "we", "us", or "our"). By accessing or using this Website, you ("User", "you") agree to be bound by these Terms of Use ("Terms").

If you do not agree to these Terms, you must not use the Website. These Terms apply to all users, visitors, and anyone who accesses or uses the Website in any manner.

1. Acceptance of Terms

By accessing or using BorrowAPencil.org, you agree to be bound by these Terms. If you do not agree, you must not use the Website.

These Terms apply to all users, visitors, and anyone who accesses or uses the Website in any manner.

2. Eligibility

BorrowAPencil.org is intended only for users who:

Are at least 18 years of age, and
Are located in the United States

By using the Website, you represent and warrant that you meet these requirements.

We do not knowingly permit use of the Website by individuals under 18.

3. Description of the Service

BorrowAPencil.org is an online classifieds marketplace dedicated exclusively to school supplies.

The platform allows users to:

Create accounts
Post listings for permitted school supply items
Browse listings created by other users
Communicate with other users through BorrowAPencil.org's communication relay system

Important: BorrowAPencil.org is a platform provider only. We do not sell, buy, inspect, store, or deliver any items listed on the Website.

4. Accounts

To use certain features of the Website, users must create an account.

You agree that:

You are responsible for maintaining the confidentiality of your account credentials
You are responsible for all activity that occurs under your account
You must provide accurate and up-to-date information
You may not impersonate another person or create accounts using false information
We may suspend or terminate accounts at any time if we believe they violate these Terms

We are not responsible for unauthorized access to your account resulting from your failure to secure your credentials.

5. Listings and Content Restrictions

Users may post listings subject to the following rules:

Listings must relate only to school supplies
Users may only use pre-approved categories and system-provided images
Users are strictly prohibited from uploading their own images, videos, or media
Listings must not contain false, misleading, or fraudulent information

We reserve the right to determine, in our sole discretion, what qualifies as "school supplies" and to remove any listing that violates this requirement.

6. Prohibited Conduct

You agree not to use the Website to:

Post illegal, harmful, or fraudulent content
Charge, request, or accept money or any other form of payment for items, shipping, or anything else offered through the Website
Post non-school-supply items or unrelated listings
Create fake or misleading listings
Attempt to interfere with or disrupt the Website
Use bots, scrapers, or automated systems to access the Website
Attempt to bypass security or access controls
Impersonate any person, entity, school, or school district
Engage in phishing or request another user's passwords, payment credentials, or other sensitive information
Attempt identity theft or otherwise misuse another person's personal information
Post another person's personal information without their permission
Harass, abuse, threaten, stalk, or harm other users
Upload viruses or malicious code
Collect user information without authorization

We may investigate and take action against any violation, including account termination.

7. User Responsibility

You are solely responsible for:

The accuracy of all listings you post
Any content you submit or transmit
Your interactions with other users
Complying with all applicable laws and regulations

BorrowAPencil.org does not verify user identity, listing accuracy, or item availability.

BorrowAPencil.org is an interactive online platform that hosts user-generated content. All listings, descriptions, account information, and communications are created solely by users. Except as necessary to operate, maintain, or moderate the Website, BorrowAPencil.org does not create, edit, endorse, verify, investigate, or guarantee the accuracy, legality, quality, safety, or authenticity of any user-generated content. Users remain solely responsible for all content they create, post, transmit, or otherwise make available through the Website.

8. Right to Modify or Remove Content

We reserve the right (but are not obligated) to:

Remove or modify any listing
Restrict or terminate any account
Refuse service to any user
Enforce these Terms at our discretion

We may take these actions at any time, with or without notice.

9. Marketplace Disclaimer (No Buying or Selling Role)

BorrowAPencil.org is strictly a platform for listing and discovery of school supplies. We are not a party to any transaction between users.

Accordingly:

We do not buy, sell, inspect, store, or deliver any items listed on the Website
We do not guarantee that any listed item exists, is available, or is accurately described
We do not verify the identity, reliability, or trustworthiness of any user
We are not responsible for the condition, quality, safety, or legality of any item listed

All interactions between users are conducted solely at their own risk.

10. No Transactions or Payment Processing

Never Pay For Anything. All listings on BorrowAPencil.org are intended to be donations. Users may not request, offer, or accept payment for listed items or related services. No one should ever ask you for money, and you should never pay for anything — not the supplies, not shipping, not a "holding fee," nothing.

If anyone asks you for payment, gift cards, or financial information of any kind, stop communicating with them and report it to us right away at support@borrowapencil.org. Requests for payment are against everything this site stands for and are a violation of these Terms of Use.

BorrowAPencil.org does not process payments and does not facilitate financial transactions.

Any exchange of goods or services occurs directly between users, outside of the Website.

We are not responsible for:

Any attempted payment or payment dispute
Non-delivery of items
Fraudulent transactions
Misrepresentation of listings
Any losses arising from user-to-user interactions

Users assume full responsibility for verifying and completing any exchange.

11. User Communication Relay System

BorrowAPencil.org provides a communication relay system that allows users to contact one another without automatically revealing their personal email addresses or other contact information.

Users may choose to voluntarily disclose their contact information during their communications. Any information voluntarily shared between users is done solely at the user's own discretion and risk.

BorrowAPencil.org does not routinely monitor or review user communications and does not review messages in real time.

Users may report communications they believe violate these Terms or applicable law. Upon receiving a report, we may review the reported communications to investigate potential violations, enforce these Terms, protect users, maintain the integrity of the Website, comply with legal obligations, or respond to law enforcement or legal requests.

We reserve the right, but not the obligation, to remove messages, restrict communications, suspend accounts, or take any other action we deem appropriate in response to reported or suspected violations.

BorrowAPencil.org does not guarantee the delivery, receipt, accuracy, legality, or truthfulness of any communication between users and is not responsible for any actions taken by users as a result of those communications.

12. User Content and License

By posting or submitting any content on BorrowAPencil.org (including listings, descriptions, and account-related content), you grant us a non-exclusive, worldwide, royalty-free, sublicensable license to:

Use, display, reproduce, distribute, and host your content
Make your content available to other users of the Website
Use your content for operating, promoting, or improving the platform

This license is limited solely to operating, maintaining, improving, promoting, and providing access to BorrowAPencil.org.

You represent that you own or have the necessary rights to any content you submit.

13. Content Accuracy and Responsibility

You acknowledge that:

You are solely responsible for the accuracy of your listings
We do not verify or guarantee user-generated content
We are not liable for any errors, omissions, or misleading information posted by users

We strongly encourage users not to include sensitive or personal information in listings.

14. Intellectual Property Rights

All Website content that is not user-generated, including but not limited to Website design, logos, software, code, and text layout, is owned by or licensed to Distant Earth Web Development LLC and is protected under applicable intellectual property laws.

Users may not:

Copy
Modify
Distribute
Reverse engineer
Create derivative works

without prior written permission.

15. DMCA / Copyright Complaints

BorrowAPencil.org respects the intellectual property rights of others.

If you believe that content available through the Website infringes your copyright, you may submit a written notice to support@borrowapencil.org containing:

Identification of the copyrighted work claimed to have been infringed
Identification of the allegedly infringing material
Your contact information
A statement that you have a good-faith belief that the use is not authorized
A statement, under penalty of perjury, that the information provided is accurate and that you are authorized to act on behalf of the copyright owner
Your physical or electronic signature

Upon receiving a valid notice, we may remove or disable access to the allegedly infringing material in accordance with applicable law.

BorrowAPencil.org maintains a policy of terminating, in appropriate circumstances and at our sole discretion, the accounts of users who are determined to be repeat copyright infringers.

Nothing in this section shall be interpreted as creating any obligation to monitor the Website for copyright infringement.

16. Content Removal and Moderation

We reserve the right to:

Remove any listing or content
Refuse to publish any listing
Restrict visibility of listings
Suspend or terminate accounts

for any reason, including but not limited to violations of these Terms or suspected fraudulent activity.

We are not obligated to provide notice or explanation for such actions.

Users may report listings or communications they believe violate these Terms. BorrowAPencil.org may investigate reported content and take appropriate action, including removing content or suspending accounts, but assumes no obligation to investigate every report.

Our decision to remove or retain any listing or message does not constitute a representation that such content is lawful, accurate, or appropriate.

16A. No Duty to Monitor

BorrowAPencil.org reserves the right, but assumes no obligation, to monitor, review, screen, edit, remove, or investigate any listings, content, accounts, or user activity.

We do not undertake any duty to monitor the Website for illegal, fraudulent, harmful, inaccurate, misleading, or otherwise objectionable content. Our decision to review, remove, or moderate any content in one instance does not create any obligation or responsibility to do so in any other instance.

Users acknowledge that the Website may contain content that is inaccurate, misleading, offensive, or unlawful, and that BorrowAPencil.org shall not be responsible for any such content posted by users.

17. Assumption of Risk and Safety

By using BorrowAPencil.org, you acknowledge and agree that:

You use the Website entirely at your own risk
You are solely responsible for evaluating the legitimacy, safety, and trustworthiness of any listing or user
BorrowAPencil.org does not verify user identities, ownership of listed items, or the accuracy of listings
Any communication, exchange, meeting, pickup, delivery, donation, or other interaction between users occurs solely at the users' own risk

We strongly encourage users to meet only in safe, public locations, avoid sharing unnecessary personal information, and exercise reasonable caution when interacting with strangers.

BorrowAPencil.org is not responsible for any injury, death, property damage, theft, fraud, financial loss, emotional distress, criminal conduct, or other damages arising from or related to interactions between users, whether occurring online or offline.

You voluntarily assume all risks associated with using the Website and interacting with other users.

18. No Warranty

BorrowAPencil.org is provided on an "AS IS" and "AS AVAILABLE" basis.

To the maximum extent permitted by law, we make no warranties or representations of any kind, including:

That the Website will be uninterrupted or error-free
That listings or content are accurate or reliable
That defects will be corrected
That the Website is free of viruses or harmful components
That any user will complete or honor a donation, exchange, pickup, or other interaction

All implied warranties, including merchantability, fitness for a particular purpose, and non-infringement, are expressly disclaimed.

19. Limitation of Liability

To the maximum extent permitted by law, BorrowAPencil.org and Distant Earth Web Development LLC, including its owners, officers, employees, contractors, and affiliates, shall not be liable for any:

Direct damages
Indirect damages
Incidental damages
Special or consequential damages
Loss of profits, data, goodwill, or use
Damages arising from user interactions or listings

These limitations apply regardless of the legal theory asserted, whether arising in contract, tort (including negligence), strict liability, statute, or otherwise, and even if we have been advised of the possibility of such damages.

In all cases, and to the fullest extent permitted by applicable law, our total liability to you for any claim arising out of or relating to the Website shall not exceed $100 USD.

20. Release of Claims Between Users

Because BorrowAPencil.org is a marketplace platform only, you hereby release BorrowAPencil.org and Distant Earth Web Development LLC from any and all claims, disputes, or damages arising out of:

Interactions with other users
Listings or content posted by other users
Transactions or attempted transactions between users
Misconduct or misrepresentation by other users

You agree that any disputes are solely between users, and not with the platform.

21. Indemnification

You agree to indemnify, defend, and hold harmless BorrowAPencil.org, Distant Earth Web Development LLC, and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:

Your use of the Website
Your listings or content
Your violation of these Terms
Your violation of any law or third-party rights
Any dispute between you and another user

These indemnification obligations shall survive the termination of your account, your use of the Website, and these Terms.

22. Service Availability

We do not guarantee that BorrowAPencil.org will always be available or fully functional.

We may:

Suspend or discontinue any part of the Website
Modify or update features at any time
Perform maintenance that may cause downtime
Experience interruptions due to technical issues or external factors

We are not liable for any inconvenience or loss resulting from downtime or unavailability.

23. Security and Prohibited Interference

You agree not to:

Attempt to gain unauthorized access to the Website or accounts
Interfere with Website functionality or security
Use bots, scrapers, or automated tools without permission
Introduce viruses, malware, or harmful code
Attempt to overload or disrupt Website infrastructure

We reserve the right to investigate and take legal action against violations.

24. Governing Law

These Terms are governed by the laws of the State of Illinois, without regard to its conflict of law principles.

Except as otherwise provided in the Arbitration Agreement below, any court proceeding permitted under these Terms shall be brought exclusively in the state or federal courts located in Illinois.

24A. Arbitration Agreement and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

To the fullest extent permitted by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or your use of BorrowAPencil.org shall be resolved exclusively through final and binding arbitration rather than in court.

The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, unless the parties mutually agree otherwise or the AAA declines to administer the arbitration, in which case the parties shall select a comparable arbitration organization.

You and BorrowAPencil.org each waive the right to a trial by jury.

You and BorrowAPencil.org further agree that any arbitration or legal proceeding shall be conducted solely on an individual basis and not as part of any class action, consolidated action, representative action, or collective proceeding.

The arbitrator, and not any court, shall have the exclusive authority to resolve any dispute concerning the interpretation, applicability, enforceability, or formation of this arbitration agreement, except as otherwise required by applicable law.

If any portion of this arbitration provision is determined to be unenforceable, the remaining portions shall continue in full force and effect to the maximum extent permitted by law.

Nothing in this section prevents either party from seeking temporary injunctive relief in a court of competent jurisdiction where necessary to protect intellectual property rights or confidential information.

25. Termination

We reserve the right to suspend or terminate your access to BorrowAPencil.org at any time, with or without notice, for any reason, including but not limited to:

Violation of these Terms
Suspected fraudulent, abusive, or illegal activity
Harm to other users or the integrity of the platform
Technical or security concerns
Business or operational decisions

Upon termination, your right to use the Website will immediately cease.

Sections concerning intellectual property, disclaimers, limitation of liability, release of claims, indemnification, arbitration, governing law, and any other provisions that by their nature should survive termination shall remain in full force and effect after termination of your account or these Terms.

26. Changes to the Terms

We may modify or update these Terms at any time.

When changes are made:

The updated Terms will be posted on the Website
The "Effective Date" will be revised
Continued use of the Website after changes means you accept the updated Terms

It is your responsibility to review the Terms periodically.

27. Force Majeure

We are not responsible or liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to:

Internet or telecommunications failures
Power outages
Cyberattacks or security incidents
Natural disasters
Government actions
Labor disputes
Technical failures of third-party providers

28. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be limited or removed to the minimum extent necessary.

The remaining provisions will continue in full force and effect.

29. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and BorrowAPencil.org regarding your use of the Website.

They supersede any prior agreements, communications, or understandings, whether written or oral.

30. No Waiver

Our failure to enforce any provision of these Terms shall not be considered a waiver of our rights to enforce such provision in the future.

31. Assignment

You may not assign or transfer your rights under these Terms without our prior written consent.

We may assign or transfer our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

32. Relationship of Parties

Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between you and BorrowAPencil.org or Distant Earth Web Development LLC.

You are an independent user of the platform.

33. Headings

Headings in these Terms are for convenience only and do not affect interpretation.

34. Contact Information

If you have any questions about these Terms, you may contact us at:
Email: support@borrowapencil.org