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TERMS OF SERVICE
Version updated on March 9, 2020
Welcome to Burly, a peer-to-peer equipment rental marketplace website and online service provided by Burly P2P Co. ("Burly" "Company" "we" or "us"). These Terms of Service govern your access to and your participation in the marketplace, whether as a registered member or a guest. The terms are legally binding on you, so it's important that you read and understand them.
Please read the Agreement carefully before you access the marketplace or any Services. By using the Burly Software and Services, you agree to the Agreement, whether or not you are a registered member.
The Burly Software and Service is available to users who are 18 years of age or older and reside in the United States. By accessing the Burly Software and Service, you represent and warrant that you are of legal age to form a binding contract with Burly and meet all of the foregoing eligibility requirements. If you do not meet these requirements, you must not access the Burly Software or use any Services.
If you have any questions for us concerning the Agreement or Burly generally, please contact us at email@example.com.
Thank you for your interest in Burly!
The Burly Crew.
BURLY PROPRIETARY RIGHTS:
You acknowledge and agree that the Burly Software, including without limitation, its content, software, technology and databases, contain proprietary information and data that is protected by applicable copyright, trademark, trade secret, and other intellectual property laws (Burly's "Proprietary Information").
The Proprietary Information also includes, without limitation, the software programming and HTML and other code contained in the Burly Software, and any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available in the Burly Software.
All Proprietary Information in the Burly Software is owned by or licensed to Burly and may only be used pursuant to the "License for Personal Use" below.
The following terms apply to each user of the Burly Software.
Your Commitments: You agree that you will always use the Burly Software and Services in compliance with the terms of this Agreement and any other policies and standards provided to you by Burly. You promise Burly that you have the legal right to enter into this Agreement and to use the Burly Software and Services. You promise that your activities with Burly won't violate anyone else's rights. You also agree to comply with all applicable laws and regulations. You agree to defend, indemnify and hold harmless Burly, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the Burly Software and Services, including, but not limited to, any use of the Burly Software content, Services and products other than as expressly authorized in the Agreement or your use of any information obtained from the Burly Software.
User Generated: The Burly Website may provide certain ways for you to participate in surveys, contests, promotions, or to otherwise communicate with other Website users or visitors or with us by submitting content to the Burly Software. When you submit content, you agree to abide by the following terms:
1. You represent and warrant that:
a. you have all necessary right, power and authority to grant the license set forth here and to submit, post, email, upload, transmit or otherwise make available (hereafter "Submit" or "Submitted") the content Submitted by you; and
b. content Submitted by you does not violate, misappropriate or infringe any copyright, trade secret, trademark, privacy, publicity or other proprietary property right of any third party.
2. You will not use the Burly Software or Services to Submit content that:
a. you do not have a right to make available under any law or under contractual or fiduciary relationships (including but not limited to insider information or proprietary and confidential information);
b. promotes or contains information that you know, or should know, is false or misleading;
c. furthers or promotes any criminal activity or enterprise or provides instructional information about criminal or otherwise illegal activities;
d. contains a photograph(s) of, or information about, another person that you have posted without that person's consent;
e. contains viruses, Trojan horses, worms, or any other disruptive or harmful component;
f. is transmitted in an attempt to impersonate another person or user of the Services.
3. You are solely responsible for determining whether content Submitted while using this site or services complies with all the terms above.
4. You acknowledge that Burly does not endorse any content or any opinion, recommendation, or advice expressed in content Submitted by you, and Burly expressly disclaims any and all liability in connection with your use of the Burly Website and any content you Submit to the Burly Website. You acknowledge that the materials and opinions expressed or included in any content Submitted by you or other users are not necessarily those of Burly.
5. By submitting content to the Burly Software and Services, you are granting to us a worldwide non-exclusive, royalty-free, perpetual, irrevocable and fully assignable and sublicensable right to use, reproduce, modify, adapt, publish, translate, edit, reformat, create derivative works from, distribute and display that content throughout the world for any purpose and in any media (including for advertising or other commercial use). The licensed rights include, without limitation, any patent, trademark, copyright, trade secret, publicity or privacy rights in and to the Submitted information. These rights apply to your name, other personal information, photo, likeness and voice, if included in that content, and any net promoter score questionnaire responses. You are also granting us the non-exclusive right to seek to enjoin or obtain damages from any third party from the unauthorized use or reproduction of your content. If we publish your content or authorize or license others to do so, your content may be edited for length or clarity or any other reason either before or after it is published in Burly's sole discretion, and it may or may not be attributed to you by name and city (if provided to us), and it may or may not be attributed to you by your Burly Software and Services username (if you have one). You are not entitled to any compensation or reimbursement of any kind from Burly or its affiliates under any circumstances for your Submitted content. Further, Burly will be free to use any ideas, concepts, know-how or techniques contained in such Submitted information for any purpose whatsoever, including but not limited to developing, selling and marketing products and services incorporating such information.
6. You will not attempt (or encourage or authorize others to attempt) to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Burly Software and Services, and you agree to notify Burly immediately if you are aware of such an attempt.
7. You acknowledge and agree that Burly has no obligation to review or monitor content Submitted by you. You acknowledge that Burly is merely acting as a passive conduit and is not undertaking any obligation or liability relating to your content or your activities or the content and activities of other users of the Burly Website.
8. You also acknowledge and agree that, notwithstanding Paragraph 7, Burly reserves the right to alter, edit, refuse to post or remove any content Submitted by you, in whole or in part, for any reason or no reason and Burly has no obligation to use or respond to and content Submitted by you or others. If you feel that Submitted content is objectionable, you can report it to Burly. Burly will review the material, and if appropriate, may remove or edit the material; however, these options may not be available or may not occur immediately.
9. You acknowledge and agree that you have no ownership claim in any compilation of data or information that is created by Burly that incorporates information, photographs, data, or other materials that you Submitted. You acknowledge and agree that Burly may use any such Submitted information in a compilation and that Burly is the sole owner of any such compilation of Submitted information.
Acceptable Uses: You agree that you will not use the Burly Software or Services in violation of any term or condition of this Agreement, outside of its customary and intended purposes, to violate the rights of third parties, or to violate any applicable rule, law, regulation, ordinance, treaty, or statute, whether local, state, provincial, regional, national, or international. You are explicitly prohibited from:
1. Transmitting unsolicited commercial email messages to users of the Burly Software and Services;
2. Imposing a disproportionate load on the Burly Software or its server infrastructure, whether through a denial of service attack or otherwise;
3. Attempting to interfere with the operation of the Burly Software or Services;
4. Circumventing the Burly Software technological protection or security mechanisms;
5. Using a spider, scraper, or other automated technology to access the Website;
6. Attempting to gain unauthorized access to the personal, personally identifiable, or payment information of a user of the Burly Software and Services ;
7. Harassing a user of the Burly Software and Services;
8. Posting or transmitting content through the Burly Software that is harassing, threatens or encourages bodily harm, constitutes hate speech, or advocates for the destruction of property;
9. Posting or transmitting content through the Burly Software that infringes upon the rights of third parties, including intellectual property or other personal or proprietary rights;
10. Posting or transmitting content through the Burly Software that constitutes fraud, a phishing scam, a pyramid scheme, or a chain letter;
11. Posting or transmitting content through the Burly Software that is obscene, lewd, lascivious, or otherwise illegal.
Consent to Electronic Communications: If you provide your email address to Burly, you consent to receive communications from Burly to that email address. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Protection: In addition to the terms set forth below, during the applicable rental period (i.e., the scheduled start time of renter's reservation through their return of the equipment), Burly will provide certain equipment damage insurance protection for the rented equipment. You understand and agree that, for "Uninsured/Underinsured Motorists & No-Fault" (including Medical Payments/First Party Benefits/Personal Injury Protection, etc.): Burly has either waived such coverage entirely or subscribed to the lowest limit allowable by state law and that you are bound by the election and agree to be so bound. The equipment damage protection insurance shall be excess and contingent over any other valid and collectible insurance that may be available to the renter and owner. Insurance amounts and other details may be found at Burly's website located at https://info.burlyrentals.com/burly-property-insurance/. If you have questions about your insurance policies, you should contact your insurance professional; if after reviewing this Agreement and you or your insurance professional still have questions regarding the Burly insurance, please contact us at firstname.lastname@example.org, and we will connect you with our broker to explain how our protections operate.
Termination: You may discontinue your use of the Burly marketplace or any Services at any time, and Burly may terminate your access to the Burly Software or any Services for any reason or no reason. Termination of access to the marketplace or any Services will not release either party from any obligations incurred prior to the termination, and Burly may retain and continue to use for its internal purposes any information previously provided by you. Burly will not be liable to you or any third party for termination of access or use of the Burly Software or Service. Termination of this Agreement will not have any effect on the disclaimers, waiver, or liability limitations provided under this Agreement, and all of those terms will survive any termination of this Agreement.
Disclaimer of Warranty and Limitation of Liability: This Agreement describes all of Burly's obligations in the event of any loss or damage resulting from your participation in the Burly Software or Services. To disclaim warranties and to provide for certain limitations on our liability,
we are required to provide the following information in this format:
BURLY PROVIDES AN ONLINE MARKETPLACE THAT ENABLES EQUIPMENT RENTAL SERVICES BETWEEN EQUIPMENT OWNERS AND EQUIPMENT RENTERS. BURLY DOES NOT PROVIDE EQUIPMENT RENTAL SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS MARKETPLACE, THE EQUIPMENT MANUFACTURER OR ANY THIRD-PARTY PROVIDER OF SERVICES (E.G., IN-EQUIPMENT GPS OR OTHER SYSTEMS). EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, BURLY HEREBY DISCLAIMS ANY WARRANTY OF ANY KIND WITH RESPECT TO THE EQUIPMENT AND OTHER PRODUCTS AND SERVICES PROVIDED BY OR THROUGH BURLY, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BURLY MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR SECURE OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. USE OF THE SERVICE, AND ANY EQUIPMENT RENTED THROUGH THE MARKETPLACE, IS AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BURLY WILL CREATE ANY EXPRESS WARRANTY. IN NO EVENT WILL BURLY BE LIABLE TO YOU FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OTHER THAN BURLY'S EXPRESS INSURANCE AND REIMBURSEMENT OBLIGATIONS DESCRIBED IN THIS AGREEMENT, BURLY'S LIABILITY UNDER THIS AGREEMENT, WHETHER BASED ON BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL IN NO EVENT EXCEED THE LESSER OF THE AMOUNTS PAID BY YOU UNDER THIS AGREEMENT OR $100.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. THIS AGREEMENT SETS FORTH CERTAIN RIGHTS AND RESPONSIBILITIES. SOME STATES MAY PROVIDE YOU WITH OTHER SPECIFIC LEGAL RIGHTS. THE TERMS OF THIS SECTION WILL APPLY ONLY TO THE EXTENT ALLOWED BY APPLICABLE LAW.
No Agency: Burly does not intend to appoint you or any other user of the Burly Software or any Services as its employee, legal agent, or to form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of Burly, and Burly will not make commitments on your behalf, except as contemplated by the marketplace or expressly stated in this Agreement.
No License: The burlyrentals.com website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Burly, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Except as part of the intended use of the Burly marketplace, you must not copy, distribute, make available, publicly perform, display or create any work based on such content, or exploit such content in any way, in whole or in part. All rights are expressly reserved.
Copyright Complaints: We respect the intellectual property of others. If you believe that your work has been copied — by us or by any third party on the Burly Website — in a manner that constitutes copyright infringement, please provide us with the following written information.
1. A description of the copyrighted work that you claim has been infringed upon;
2. A description of where the material that you claim is infringing is located on the Burly Website, including the URL of the page on which it appears;
3. Your address, telephone number, and email address;
4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf;
6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. Notice of claims of copyright infringement on the Burly Website should be sent to Burly, Attention: Legal Department, 400 W. Front St., #204, Traverse City, MI 49684.
Facilitation of Dispute Resolution: While we may help facilitate the resolution of disputes between users of the Burly Software and Services, Burly has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any content Submitted by users, (ii) the truth or accuracy of any Listing descriptions, ratings, reviews, or other Submitted content, or (iii) the performance or conduct of any user of the Burly Software and Services or third party. Burly does not endorse any users of the Burly Software and Services. You should always exercise due diligence and care when deciding whether to engage in transactions with of users of the Burly Software and Services, accept a booking request from user of the Burly Software and Services, or communicate and interact with other users of the Burly Software and Services, whether online or in person.
Miscellaneous: This Agreement states the entire understanding between you and Burly concerning your participation in the marketplace and the Services and supersedes any earlier verbal or written communications between us. You may not delegate your legal obligations or transfer any of your rights in whole or in part to any third party without advance written consent of Burly. You will remain responsible for your obligations contained here in any event. If any provision of this Agreement is construed to be unenforceable, the remaining provisions will not be affected and will continue in full force and effect. Any modification or waiver of any term of this Agreement must be agreed to in writing by Burly. Burly's failure to exercise any right under this Agreement will not constitute a waiver of any other right Burly may have. This Agreement and any related claims or disputes will be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of laws provisions. You and we agree to submit to the personal jurisdiction of the state and federal courts located in Grand Traverse County, Michigan, or the District Court for the Western District of Michigan.
TERMS FOR RENTERS
The following sections apply if you rent equipment using the Burly Software and Services.
Fees and Losses: You are responsible for paying all fees when they come due in connection with your use of the Burly Software and Services. You authorize Burly to charge any payment cards on file in your account for all amounts due, including but not limited to, security deposits, processing fees, usage fees, fines/penalties, deductibles, and damages, and you furthermore represent and warrant that you have the right to make this authorization. You will be responsible for payment of usage fees from the start of your rental period until the time you return the equipment. You will be responsible for all of the costs relating to any citations and fines (e.g., tolls, parking tickets, towing fines) incurred during the rental period (and after, if the equipment has not been parked in an authorized and legal parking space).
With regard to damage, losses, or other liabilities, beyond equipment damage insurance provided by Burly with a policy limit of $250,000.00, you acknowledge that any personal, commercial, or business insurance you have available to you (e.g., personal, commercial or business insurance, insurance from credit cards, etc.) will be the primary source of funds for your liabilities hereunder. Additionally, the Burly equipment damage insurance may not be available to you in the event you breach your obligations under this Agreement or Equipment Rental Agreement (e.g., if you operate equipment while under the influence of drugs or alcohol or otherwise violate any of Burly's Rental Policies or Equipment Rental Agreement). Subject to the coverage and protection available to you, you acknowledge that you are fully responsible for any damage, losses, or other liabilities relating to your rental activities through the Burly Software and Services. Nothing in this Agreement is intended to limit your responsibilities or Burly's legal rights in connection with your use of the Burly Software and Services (or any equipment rented through the Services). You acknowledge that Burly may require and hold a deposit as part of the reservation of equipment.
Use of the Equipment: When you rent equipment through Burly, you may use the equipment only for your personal or business use and not for any commercial purposes (e.g., sub-renting the equipment). You must exercise reasonable care in your use of the equipment. In the event Burly has any concern about your use of equipment, Burly may terminate your reservation in its discretion at any time and require the return of the equipment, including recovering the equipment on behalf of the owner. You are required to wear seatbelts during the operation of the equipment where applicable, and to require that all of your passengers wear seatbelts as well, where applicable. You are also required to meet any laws or regulations concerning equipment use. If you have any concerns about your planned use, please contact Burly customer service at email@example.com. You will be fully responsible for any claims, loss, or damage related to your misuse of equipment. You also acknowledge that using equipment in a prohibited manner may nullify coverage, where allowed by applicable state law.
Condition of the Equipment: You understand that, unless otherwise specifically noted, the equipment offered through the Burly marketplace is owned by third parties and is not owned or maintained by Burly. Each owner is responsible for maintaining and repairing the equipment they offer through the Burly Software and Services in a useable and safe condition and is ultimately responsible for the condition of the equipment at the beginning of the rental period. Please complete a visual inspection of any rented equipment before you begin your use of the equipment. If you find damage in your initial inspection, you must notify Burly immediately, to avoid any confusion about your role in the cause of the damage, or you may be held liable for any damage. As an alternative, you and the owner can jointly agree and document such agreement, with supporting photographs, of any pre-existing damage for which you as the renter should not be liable. If you find damage on your initial inspection and fail to report it, Burly may assume that the damage occurred during your rental period. If, after your initial inspection, you believe that the equipment is not safe enough for use, please do not use the equipment; in that event, please contact the Burly team immediately at firstname.lastname@example.org or (231) 930-4455.
Incident Reporting: You must immediately report any damage to the equipment you are using to Burly at email@example.com, or (231) 930-4455, and if there has been a collision, to the police as well. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide Burly with a written description of the incident and any other information Burly may request, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by Burly, our claims administrators, or insurers. After an incident, you may not continue to use the equipment unless you have the explicit permission of Burly staff. Failure to timely report an incident may reduce or invalidate protection from Burly.
Insurance: Burly will provide certain equipment damage protection insurance with a policy limit of $250,000.00 as described in this Agreement. You are fully responsible for paying any damages not covered by insurance, as well as insurance deductibles, fees, expenses, liens, and fines arising out of your use of equipment rented via the Burly Software and Services. If Burly advances any payment on your behalf, you will continue to be responsible for such amounts and will adhere to Burly's schedule for the re-payment of those amounts to Burly.
Waiver: Burly Software enables equipment owners and renters to connect easily and efficiently. Except as expressly provided in this Agreement, Burly and the applicable equipment owner do not intend to take liability with respect to your use of the Burly Software and Services or the applicable equipment(s).
AS SUCH, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST BURLY AND ITS RESPECTIVE DIRECTORS, OFFICERS, AGENTS, OR EMPLOYEES (THE "BURLY PARTIES") AND THE EQUIPMENT OWNER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE BURLY SOFTWARE OR SERVICES, WITHOUT LIMITATION, A EQUIPMENT NOT BEING AVAILABLE WHEN IT WAS SUPPOSED TO BE, ANY MALFUNCTION OF OR DEFICIENCY IN A EQUIPMENT, ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY, ANY PERSONAL INJURY OR PROPERTY DAMAGE SUFFERED BY YOU OR ANY OF YOUR PASSENGERS AND, IN THE CASE OF THE BURLY PARTIES, ANY ACTIONS OR INACTION OF THE EQUIPMENT OWNER. YOUR WAIVER DOES NOT EXTEND TO ANY DAMAGES OR LOSSES RESULTING FROM ANY PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: "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."
TERMS FOR OWNERS
The following sections apply if you rent out your equipment through the Burly Software and Services.
Information Given at Registration: When you register to use the Burly Software and Services, you will identify particular equipment that you want to list for rent. The equipment must meet the requirements provided by Burly from time to time. You may only use the Burly Software and Services in connection with equipment that you own or otherwise have all the necessary rights and permissions to rent out.
Equipment Availability: Once you accept a reservation and it is booked, you are required to make the equipment available as expected by the renter. You must also include the general location of the equipment on your profile page and ensure that the equipment is available at that location at the beginning of the rental period.
Rental Fees: You will have the ability to set and revise the equipment rental rates as you choose. Burly will pay you the amount collected from those who rent your equipment, less the applicable fees payable to Burly, as well as other charges that Burly collects. You acknowledge that Burly's fees may change from time to time. A current fee schedule can be found in Burly's Rental Policies. The fees that apply to you will be the same as posted in the Burly Rental Policies at the time of the applicable rental. Please note that you are fully responsible for all taxes and government fees relating to or arising out of your activities under this Agreement, including but limited to, income taxes, sales taxes, property taxes and business licensing fees. Burly shall not be responsible for withholding taxes for your activities under this Agreement. From time to time, Burly may need certain information from you to ensure we can report income paid to you as required by law. Burly may withhold payments until we have received that information from you.
Maintenance: You are required to regularly check your equipment for any defects in its operations or safety and have your equipment serviced and inspected as recommended by the equipment manufacturer. You promise that, at all times, your equipment will be in a safe and, if applicable, roadworthy condition, in good mechanical condition, and in full compliance with all applicable state inspection and registration requirements. You agree to respond to any recall or similar safety notices and to complete any recommended action promptly. If Burly believes that your equipment does not conform to reasonable standards, Burly will notify you and reserves the right to refrain from listing your equipment on the marketplace until its concerns have been resolved.
Decals: Burly may, from time to time and at its expense, require that certain labels or other markings, be temporarily affixed to your equipment while rented through the Services.
Event Reporting: If you believe that a renter has caused any damage to your equipment, you are required to report that damage as soon as you become aware of it (and in any event, no more than 24 hours after return of the equipment by the renter) and to provide reasonable cooperation in our investigation of the damage. In any event, with each break in rental activity you need to inspect your equipment and report any damage that you believe was caused by a renter. If Burly is not given prompt notice as described in this paragraph, or if you do not provide reasonable cooperation in our investigation, we may not be able to determine the cause. In that case, you agree that we may decline any financial responsibility for such damage.
Physical Damage: Burly will provide certain equipment damage protection insurance with a policy limited of $250,000.00 as described in this Agreement and the Rental Policies. You are fully responsible for paying any damages and liabilities not covered by Burly's insurance, as well as insurance deductibles, fees, expenses, liens, and fines from your participation in the Services. If Burly advances any payment on your behalf, you will continue to be responsible for such amounts and will adhere to Burly's schedule for the re-payment of those amounts to Burly.
Burly is not responsible for any personal property that is taken from your equipment or damaged during a rental period. We recommend that you remove all personal property before making the equipment available for a reservation. In addition, you should expect normal wear and tear on your equipment, including scrapes and dings, in connection with your participation in the Services. To the extent allowed by applicable law, Burly will not be liable for or reimburse you for normal wear and tear or paint damage to your equipment.
Other Insurance and Legal Matters: In addition to the terms provided above, you agree to comply with any and all applicable laws and regulations, including registration and minimum insurance requirements for your equipment. Concerning any insurance policy procured by Burly for your benefit, you hereby appoint Burly as your attorney-in-fact solely for the purpose of filing claims, receiving payment, and otherwise administering that policy. You also promise to maintain any proof of insurance in your equipment during every registration period, as requested by Burly. Burly may obtain insurance through a third-party provider. As part of your participation in the Services, you must maintain your own insurance policy and meet any minimum insurance levels required by law. You agree to provide Burly with information regarding your policy's coverage, as may be requested from time to time. You must inform Burly promptly in the event information previously provided changes. Except concerning losses to be paid by Burly as described above, you will be fully responsible for any losses or damages suffered by any party as the result of your activities under this Agreement.
Version updated on February 8, 2020
At Burly P2P Co. ("Burly"), we are committed to respecting your privacy. For this reason, we want to be upfront with you in terms of letting you know what information we may collect and how we might use it.
Information We Collect About You and How We Collect It
When you offer your equipment for rent through the Burly website, we will ask you for certain personal information, including your name, contact information, and information about your equipment. We may also require additional financial information from you to facilitate payment to you and to process any filings required by applicable tax authorities. When you rent equipment through the Burly website, we will ask you for your name, contact information, payment information, and information. We may also require additional financial information from you to facilitate payments and to process any filings required by applicable tax authorities. We will maintain records for a reasonable period concerning your registration with and use of the Burly website, including any correspondence you have with us.
Communications: We reserve the right to review and store the communications you make through the site, including your postings on site pages and your communications to other members using the marketplace's messaging capabilities. We may use those communications for internal purposes, including to better understand how members use the website, as well as for security purposes. That stated we are not obligated or required to review any communications and make no commitment to do so or to take any specific action concerning those communications.
Website Analytics: We have enabled Google Analytics to assist us in collecting various pieces of demographic information. Specifically, we have enabled geographic and general website movement pattern features. You can opt-out of any Google Analytics features that we use by utilizing Google's currently available opt-outs. You can also opt-out of Google Analytics through your Google Ad Settings and Ad Settings for mobile applications.
Use of Information and Information Verification
Burly will use your personal information solely for its internal business purposes in connection with the provision of the Burly marketplace. That includes use of your information: to facilitate our administration and operation of the website; to understand better how our users engage with the website; to verify your account information, including your driving record; to process your requests and transactions; to provide you with information or services you request; and to inform you about other promotions or products or services we think will be of interest to you.
Disclosure of Information
In addition to information verification providers described above, we may share personal information with other vendors and service providers who are engaged by or working with us in connection with the operation of our site and marketplace and who need access to such information to carry out their work for us. In some cases, the service provider may be directly collecting the information from you on our behalf. Burly will endeavor to choose service providers who have agreed to protect the confidentiality of any personal information the service provider receives. Burly is not responsible for the act or omissions of its service providers.
Burly may disclose personal information in the good faith belief that we are lawfully authorized or required to do so, or that doing so is reasonably necessary or appropriate to comply with the law or with legal process or authorities, respond to any claims, or to protect the rights, property or safety of Burly, our users, our employees or the public. That includes actions we may take to protect Burly or our users from fraudulent, abusive, inappropriate, or unlawful use of our site or marketplace.
Information about our users, including personal information, may also be disclosed or transferred as part of, or during negotiations of, any merger, sale of company assets, financing or acquisition or in any other situation where personal information may be transferred as one of the business assets of Burly, or as part of a bankruptcy, liquidation or similar proceeding.
You understand that when you use the site, the information you post in your profile or any other area of the website will be available to other users and in some cases may be publicly accessible.\
Burly may compile aggregate information about the use of the marketplace. In other words, information about how you use a service may be collected and combined with information about how others use the same service. Aggregate data helps us understand trends and our users' needs so that we can better consider new features or otherwise tailor our marketplace. Burly may also share aggregated demographic information with advertisers and partners. This policy in no way restricts or limits our collection and use of aggregate information.
We have endeavored to put into place reasonable security measures to protect personal information while it is under our control. We are not responsible for any unauthorized disclosure of personal or other information caused by any third party. Your account information is accessible online through the use of a password. To protect the confidentiality of personal information, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of our web site by any person using your password. Please advise us immediately if you believe your password has been misused.
Our Policies Concerning Children
Burly does not knowingly collect personal information from anyone 13 years old and younger without parental consent. In the event we obtain actual knowledge that we have collected information from children age 13 and younger without parental consent, we will take measures to remove such information from our servers. If you believe that we might have any personal information from a child aged 13 years or under, please contact us.
California Privacy Rights
Pursuant to California Civil Code Section 1798.83, this policy sets forth that we only share personal information (as defined in California Civil Code Section 1798.83) with third parties for direct marketing purposes if you either specifically opt-in or are offered the opportunity to opt-out and elect not to opt-out of such sharing at the time you provide personal information or when you choose to participate in a feature on the Service. If you do not opt-in or if you opt-out at that time, we will not share your personal information with that identified third party for direct marketing purposes.
California Business & Professions Code Section 22575(b) provides that California residents are entitled to know how we respond to "Do Not Track" browser settings. Like many other websites and online services, we do not currently alter our practices when we receive Do Not Track signals as there is no consensus among industry participants as to what "Do Not Track" means in this context.
Updating your information or opt-out of emails
If you wish to opt-out of marketing and promotional emails, please contact us at firstname.lastname@example.org. You may not opt-out of receiving service-related emails. If you would like to review or update your personal information, please use your Account Page. If you have any trouble using the Account Page, please contact us at email@example.com.
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