Welcome to www.baurow.com (the "Baurow Site"), a website owned and operated by Baurow Technologies, Inc. ("Baurow", "we", "our", or "us"). This page explains the terms by which you may use the Baurow Site, our online and/or mobile services, and our related software provided on or in connection with the service (collectively, the "Baurow Service").

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. BY ACCESSING OR USING THE BAUROW SERVICE, BY REGISTERING FOR AN ACCOUNT ON THE BAUROW SERVICE, OR BY CLICKING A BUTTON OR CHECKING A BOX MARKED "I AGREE" OR SOMETHING SIMILAR, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE (THESE "TERMS") AND TO THE COLLECTION AND USE OF YOUR INFORMATION AS SET FORTH IN THE BAUROW PRIVACY POLICY https://baurow.com/privacy-policy, WHICH IS HEREBY INCORPORATED BY REFERENCE. THESE TERMS APPLY TO ALL VISITORS, USERS, AND OTHERS WHO REGISTER FOR OR OTHERWISE ACCESS THE BAUROW SERVICE ("USERS").

You acknowledge and agree that, as provided in greater detail in these Terms:

• Any and all Lending Transactions (as defined below) on the Baurow Service are solely between the Owner and Renter and you expressly acknowledge and agree that Baurow is not a party to any Lending Transactions and is not obligated to monitor any Lending Transaction or resolve any disputes between its Users;
• If you are a Owner (as defined below), you authorize Baurow and its third-party payment processors to charge your payment method for any cancellation fees in accordance with the terms and conditions of these Terms;
• If you are a Renter (as defined below), you authorize Baurow and its third-party payment processors to charge your payment method or release your deposit to the party suffering damages for any lost, stolen, or damaged Items;
• If you are a Renter (as defined below), you authorize Baurow and its third-party payment processors to release deposit(s) should a decision be made to release the deposit to the owner (as defined below)
• Baurow reserves the right in its sole discretion to change these Terms and the Baurow Service and to determine the method and manner of notice of the changes; and
• THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Certain services may be subject to additional terms and conditions specified by us from time to time, and your use of such services is subject to those additional terms and conditions, which are hereby incorporated into these Terms by reference.

1. The Baurow Service

The Baurow Service is an online platform that enables Users to loan out their items (such Users, the "Owners" or “lenders”) to other Users who desire to borrow the Owner s' items (such Users, the " Renters" or “borrowers”) in exchange for payment of fees to the applicable Owner and a commission percentage to Baurow which is determined by Baurow. Each such lending transaction between Owner(s) and Renters shall, for the purposes of these Terms, be referred to as a "Lending Transaction" and each item that is the subject of a Lending Transaction shall for the purposes of these Terms, be referred to as an "Item".

 

2. Use of the Baurow Service

A. Eligibility

This is a contract between you and Baurow. You must read and agree to these Terms before using the Baurow Service. If you do not agree, you may not use the Baurow Service. You may use the Baurow Service only if you can form a binding contract with Baurow, and only in compliance with these Terms and all applicable local, state, provincial, national, and international laws, rules and regulations. Any use or access to the Baurow Service by anyone under sixteen (16) years of age is strictly prohibited and in violation of these Terms. The Baurow Service is not available to any Users previously removed from the Baurow Service by Baurow. Baurow reserves the right to approve or reject any Users from joining or continuing to use the Baurow Service, except as prohibited by applicable law. Baurow reserves the right to approve or prohibit listing any items on the platform prohibited by applicable laws or regulated by local, state, provincial, federal or international laws.

B. Limited License

Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Baurow Service solely as permitted by the features of the Baurow Service. Baurow reserves all rights not expressly granted herein in the Baurow Service and the Baurow Content (as defined below). Baurow may terminate this license at any time for any reason or no reason.

C. Baurow Accounts

Your Baurow account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with your account. We may maintain different types of accounts for different types of Users. If you open a Baurow account on behalf of a company, organization, or other entity, then: (i) "you" includes you and that entity; and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. By connecting to the Baurow Service with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. You may never use another User's account. You must notify Baurow immediately of any breach of security or unauthorized use of your account. Baurow will not be liable for any losses caused by any unauthorized use of your account. You may control your User profile and how you interact with the Baurow Service by changing the settings in your profile page. By providing Baurow your email address you consent to our using the email address to send you Baurow Service-related notices, including without limitation any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Baurow Service and special offers. If you do not want to receive such email messages, you may opt out by contact Baurow through the contact page. Opting out may prevent you from receiving email messages and notifications regarding updates, improvements, new lending requests, payments made to your account or offers.

D. Baurow Service Rules

You agree not to engage in any of the following prohibited activities: (i) downloading, copying, distributing, or disclosing any part of the Baurow Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Baurow Service in a manner that sends more request messages to the Baurow servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Baurow grants the operators of public search engines revocable permission to use spiders to copy publically available materials from the Baurow Site 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); (iii) transmitting spam, chain letters, or other unsolicited email or messages (including, but not limited to, unsolicited requests for donations); (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Baurow Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Baurow Service; (vii) collecting or harvesting any personally identifiable information, including, but not limited to, account names, from the Baurow Service; (viii) using the Baurow Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Baurow Service; (xi) accessing any content on the Baurow Service through any technology or means other than those provided or authorized by the Baurow Service; (xii) modify, disassemble, decompile or reverse engineer the Baurow Service, except to the extent that such restriction is expressly prohibited by law; (xiii) sell any counterfeit or illegal items; (xiv) use the Baurow Service in violation of applicable law; (xv) use the Baurow Service to harass or abuse another User; or (xvi) bypassing the measures we may use to prevent or restrict access to the Baurow Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Baurow Service or the content therein.

 

D. Changes to the Baurow Service

We may, without prior notice, change the Baurow Service; stop providing the Baurow Service or features of the Baurow Service, to you or to Users generally; or create usage limits for the Baurow Service. We may permanently or temporarily terminate or suspend your access to the Baurow Service without notice and liability for any reason, including without limitation if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.

F. Disputes with Other Users

You are solely responsible for your interactions with other Users – including, but not limited to, any Lending Transactions. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Baurow shall have no liability for your interactions with other Users, or for any User's action or inaction.

3. User Content

Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you: (i) submit or post on or through the Baurow Service, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts which are tagged with any Baurow promoted hashtag (collectively "User Content"), shall be deemed nonconfidential and non-proprietary. You understand that certain portions of the Baurow Service may allow other Users to view, edit, share, and/or otherwise interact with your User Content. By providing or sharing User Content through the Baurow Service, you agree to allow others to view, edit, share, and/or interact with your User Content in accordance with your settings and these Terms.

WE CLAIM NO OWNERSHIP RIGHTS OVER THE USER CONTENT CREATED BY YOU. THE USER CONTENT REMAINS YOURS. However, by submitting or posting any User Content, you hereby expressly grant to Baurow and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, for use in connection with the Baurow Service and Baurow's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Baurow Service (and derivative works thereof) in any media formats and through any media channels, including, but not limited to, in stores, printed marketing materials, emails, web pages, social media accounts, without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content. You also hereby grant each User of the Baurow Service a non-exclusive license to access your User Content through the Baurow Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Baurow Service and under these Terms.

By submitting or posting User Content on the Baurow Service, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that:

• you own or control any and all rights in and to the User Content and/or have the rights to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity;
• you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity;
• your User Content and Baurow's use thereof as contemplated by these Terms and the Service will not violate any law or infringe any rights of any third party, including, but not limited to, any Intellectual Property Rights and privacy rights;
• the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, racist, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files;
• Baurow may exercise the rights to your User Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise; and
• to the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.

You are solely responsible for the User Content and you hereby agree to indemnify and hold Baurow and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.

Baurow does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content you fully and unconditionally release and forever discharge Baurow and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity, or (ii) the use by Baurow or you of the User Content, including without limitation any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, "moral rights," or rights of attribution and integrity. You acknowledge and agree that Baurow has no control over and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by you or any third party of any User Content. Baurow acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If Baurow becomes aware of any User Content that allegedly may not conform to these Terms, Baurow may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. Upon request by Baurow, you will furnish Baurow any documentation, substantiation or releases necessary to verify your compliance with these Terms. Baurow has no liability or responsibility to Users for performance or nonperformance of such activities.

BAUROW HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY USER CONTENT WITHIN ITS CONTROL THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST BAUROW FOR SUCH REMOVAL AND/OR DELETION. BAUROW IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE BAUROW SERVICE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE BAUROW SERVICE OR ANY OTHER SITES OR PLATFORMS.

4. Our Proprietary Rights

For the purposes of these Terms, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any province, state, country, territory or other jurisdiction.

Except for your User Content, the Baurow Service and all materials therein or transferred thereby, including without limitation software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the "Baurow Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Baurow and its licensors (including without limitation other Users who post User Content to the Baurow Service). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Baurow Content. Use of the Baurow Content for any purpose not expressly permitted by these Terms is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Baurow Service, including without limitation about how to improve the Baurow Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Baurow under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Baurow does not waive any rights to use similar or related ideas previously known to Baurow, or developed by its employees, or obtained from sources other than you.

5. Terms Specific for Owner s

A. Lending Transaction Acceptance and Cancellation

You may accept or reject any request from a Renter to enter into a Lending Transaction at your sole discretion. Once you accept a request to enter into a Lending Transaction, a legally binding agreement is formed between you and the applicable Renter. Once you enter into a Lending Transaction with a Renter, you agree to be responsive to the Renter and to communicate with them to coordinate the delivery and return of the Item. If you, as a Owner , cancel a Lending Transaction within 48 hours of when the Lending transaction is to commence, after you accept the Renter's request, you shall be liable to pay, and you authorize Baurow and its third-party payment processor to charge your payment method for, a cancellation charge of thirty percent (30%) of the Hire Fee (as defined below) and Baurow may, at its sole discretion, credit the applicable Renter's account for a portion of your cancellation charge.

 

B. Item Listings and Descriptions

When listing an Item for Renters to borrow through the Baurow Service (such items, the "Items"), Owner s must: (i) provide complete and accurate information and descriptions about the Items; (ii) disclose any deficiencies, restrictions, and requirements that apply; and (iii) provide any other pertinent information requested by Baurow. Images or videos used in the Owner s' Item listings must accurately reflect the quality and condition of your Items. Baurow reserves the right to require that Item listings and descriptions have a minimum number of images or videos of a certain format, size and resolution.

 

C. Hire Fee and Acceptance; Payment

You are solely responsible for setting a price (including without limitation any taxes if applicable, or charges such as delivery fees) for the Renter to rent your Items ("Hire Fee"). Once a Renter requests to borrow your Items, you may not request that the Renter pays a higher price than in the request, nor may you do any subsequent verification of the Renter. Unless otherwise agreed by the parties in writing, Baurow shall remit payment to you of the Hire Fee due to you, less the Baurow Commission (as defined below), no later than ninety-six (96) hours after scheduled start of Renter's Item rental. Payment shall be in the form you select when you register for the Baurow Service, or as subsequently updated as permitted by the Baurow Service. Baurow reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under these Terms or amounts due to any breach of these Terms by you, pending Baurow's reasonable investigation of such breach. Baurow also reserves the right to withhold payment or charge back to your account any amounts subject to dispute, such as in the case of credit card charge backs, pending successful resolution of the dispute. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which includes without limitation applicable tax information. 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 third-party fees related to returned or cancelled payments 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 Baurow Service. If you dispute any payment made hereunder, you must notify Baurow in writing within thirty (30) days of such payment or from when you purport such payment would have been due, whichever is earlier. Failure to notify Baurow shall result in the waiver by you of any claim relating to such disputed payment. We may withhold any taxes or other amounts from payments due to you as required by law.

 

D. Prohibited Items

You will not list or loan the following Items on the Baurow Service: (i) alcohol, tobacco, drugs and drug paraphernalia; (ii) illegal items, items promoting illegal activity and highly regulated items; (iii) pornography or mature content; (iv) items that violate the Intellectual Property Rights or other proprietary rights of any third party; (v) animals and animal products; and/or (vi) any Items that are not clean or in good condition or (vii) regulated items as defined by the province, state, country or international jurisdiction. Baurow reserves the right to amend this list of prohibited Items at any time and for any or no reason and to otherwise remove any Items listed on the Baurow Service, whether or not they are included on this list of prohibited Items.

E. Item Representations and Warranties

When you enter into a Lending Transaction as a Owner , you represent and warrant that: (i) you are in possession of all licenses and permits necessary to provide the Items to the Renters and Baurow pursuant to these Terms; and (ii) the Items, your provision of the Items, and Baurow's and Renters' use of the Items under these Terms will (a) not breach any agreements you have entered into with any third parties, (b) comply with all applicable laws, tax requirements, and other rules and regulations, and (c) will not violate any third party's proprietary rights, including, but not limited to, any Intellectual Property Rights and privacy rights.

F. Special Terms for Storage

If you offer to lend out your storage space (including, but not limited to, garages, lofts, attics, rooms, storage units, studios, and driveways), you acknowledge and agree that you: (i) are entirely responsible for providing proper security for the items being stored in your Items; (ii) are responsible for maintaining the condition of the storage space, to at least the condition that it is in when the Renter agrees to leave their items in the storage space; and (iii) are responsible for the care and protection of any and all Renter items contained in your storage space.

 

G. Item Rankings

The placement and ranking of Items in search results on the Baurow Service may vary and depend on a variety of factors, such as Renter search parameters and preferences, Owner requirements, price and calendar availability, number and quality of images, customer service and cancellation history, and Reviews and Ratings.

 

H. Owner Dispute

As part of the Baurow Service, Baurow may allow Owners to be compensated for any Items that are lost, stolen or damaged by filing a dispute with Baurow. Owner disputes shall be actioned at time of submission of the post inspection report. Where an item has been stolen, the owner may submit a post-inspection with three business days of the rental due date, or where a product has not been returned within the defined time of the rental period. The owner shall select the dispute option on the post inspection report. Upon dispute resolution Baurow may partially or wholly release the deposit in favour of the owner. The owner shall be wholly responsible for negotiating a resolution with the renter for the lending transaction and promptly notifying Baurow of such negotiations and decisions. The owner may elect to have Baurow mediate such negotiations for a fee as identified below.

 

 

 

 

 

I. Deposit

At the time of lending transaction, a damage deposit will be collected from the renter. This will be charged to the payment method on file once the pre-inspection report has been submitted. The amount of the deposit to be charged will be indicated on the lending transaction, and specified under the listing. Upon successful completion of the rental, including the return of the item in its original condition, the damage deposit will be refunded to the renter in full. The return will be initiated by the submission of the post-inspection report, where the renter will approve the post-inspection report. If the rented item is returned with damages beyond normal wear and tear, the deposit may be withheld to cover repair or replacement costs. The extent of damages will be assessed by the owner or authorized personnel upon returning of the item. The owner or authorized personnel will flag a dispute through the post inspection report if the condition of the item is deemed unacceptable by the owner. In the event of damage, the owner will notify the renter through the post inspection report which shall be done with the renter present. Please see post inspection report below. The owner shall provide details of the damages and any associated costs. The renter will have the opportunity to dispute the assessment within a specified timeframe. If a dispute arises regarding damages, the deposit may be withheld until the dispute is resolved through negotiation, mediation, or any other agreed-upon resolution process between the owner and renter. Owners and renters may elect to have Baurow mediate discussions for a fee as mentioned in these terms of service. The deposit will be returned to the renter promptly upon resolution of any disputes, with any necessary deductions for damages agreed upon by both parties.This policy serves to protect both the owner and the renter, ensuring fair treatment and accountability throughout the rental process.

 

 

 

J. Pre Inspection

As part of the Baurow service owners and renters must complete a pre inspection at the beginning of every lending transaction. The rental cannot commence and the owner cannot be paid until the pre inspection has been submitted to the Baurow platform. Failure to do so will result in the owner not being paid for the lending transaction and no deposit being charged for the item. you acknowledge and agree that you: (i) are entirely responsible for ensuring that the pre inspection is filled out to your satisfaction at the beginning of each and every lending transaction at time of item pick up including but not limited to any pictures of prior damage, comments on usability and overall function of the item  ; (ii) are responsible for maintaining the condition of the item such that it does not pose a harm to the renters.

 

K. Post Inspection

Upon the return of the item at the end of the lending transaction, the owner agrees to promptly complete a post-inspection report detailing the condition of the product at the conclusion of the rental period. The post inspection report must be completed by the owner with the renter present. The owner acknowledges and agrees that: (i) the post inspection report will be filled out to represent the condition of the product at time of return (ii) Will thoroughly inspect the returned product and document any damages wear and tear, or deviations from its original condition including but not limited to supporting photographs, and comments. (iii) The report will be submitted with the renter present upon completion of the report and shall be done in a timely manner. (iv) in the event that the product was damaged during the period of the lending transaction, the owner reserves the right to initiate a dispute. Post inspection reports must be approved by the renter to close off the transaction. Failure to submit a post inspection report with the renter present will result in the deposit being released to the renter within 5 days of the conclusion of the lending transaction. By submitting the post-inspection report, the owner releases Baurow and its third-party affiliated from any and all liability arising from the proper utilization of the report and any subsequent charges.

 

I. Lending Transaction Acknowledgement; Assumption of Risk; Release of Claims

When you lend an Item to a Renter as part of a Lending Transaction, you acknowledge and agree that you are entering into a transaction with the applicable Renter – not Baurow. YOU ACKNOWLEDGE THAT THERE ARE RISKS INHERENT TO LENDING YOUR ITEMS TO BORROWERS IN CONNECTION WITH A LENDING TRANSACTION – INCLUDING, BUT NOT LIMITED TO, LOSS OR DESTRUCTION OF YOUR ITEMS AND THAT YOU ASSUME ALL RISK IN CONNECTION WITH LENDING YOUR ITEMS THROUGH THE BAUROW SERVICE. WITHOUT LIMITING ANY OTHER PROVISION IN THESE TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE AND RELEASE BAUROW FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE BAUROW SERVICE AS A LENDER, INCLUDING WITHOUT LIMITATION ANY LIABILITY ARISING OUT OF OR RELATED TO ANY LENDING TRANSACTIONS THAT YOU MAY ENTER INTO ON THE BAUROW SERVICE. IF YOU ARE A CALIFORNIA RESIDENT, THEN THE WAIVER OF CALIFORNIA CIVIL CODE §1542 CONTAINED IN THE "LIMITATION OF LIABILITY" SECTION OF THESE TERMS SHALL APPLY TO THIS RELEASE.

 

6. Terms Specific for Renters

A. Requests to Borrow

Subject to meeting any and all requirements set by Baurow and/or the Owner , you may borrow an Item through the Baurow Service by submitting a request to the Owner through the Baurow Service. Baurow reserves the right, but is under no obligation to, verify your request prior to delivering it to the applicable Owner. You may withdraw your request to borrow an Item without any charge or liability by notifying the owner through Baurow, provided such withdrawal is effected prior to the 48 hour period of rental commencement. 

 

B. Renter Fees

All applicable fees, including without limitation any Hire Fees and the Baurow Commission (as defined below) (collectively, the " Renter Fees"), the deposit amount will be presented to you prior to submitting your request to borrow an Item. Upon receipt of a booking confirmation from Baurow, a legally binding agreement is formed between you and the applicable Owner and you agree to pay the Renter Fees attributable to the applicable Lending Transaction, which is non-refundable – if canceled within 48 hours of the scheduled rental date.

 

 

C. Limited License and Return

You understand that when you enter into a Lending Transaction, you are being granted a limited license granted by the Owner to borrow and use the Item for the period identified in your borrowing request. You agree to return the Items no later than the time that is indicated in the accepted borrowing request; provided that, you may request to extend the rental period from the Owner , who may choose to extend the rental period at the Owner 's sole discretion. If you retain the Item beyond the agreed upon time or fail to use reasonable efforts to communicate with the Owner during your rental period to coordinate delivery and return of the Item, you no longer have a license to borrow and use the Item and the Owner is entitled to make you return the Items in a manner consistent with applicable law. In addition, you agree to release the deposit to the owner and pay [for each twenty-four (24) hour period (or any portion thereof) that you retain the Item, an additional fee of up to two (2) times the average daily Hire Fee originally paid by you to cover the inconvenience suffered by the Owner and Baurow, plus] all applicable taxes, and any legal expenses incurred by the Owner and Baurow to make you return the Item unless and until the deposit plus any additional late fees reach the estimated value of the retained Items. You authorize Baurow and its third-party payment processors to charge your payment method for the fees described in this Section.

 

D. Damages to Items

Renters are responsible for returning the Items to Owner s in the condition it was in when they received the Items Renters are responsible for their own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to or use of the Items, excluding the Owner s. In the event the Item is damaged, lost, stolen or destroyed, you agree the Baurow and its third-party payment processors may charge your payment method for up to the fair market value of the applicable Item to compensate for such damage, loss, or destruction of the Item.

 

E Renter Representations and Warranties

By submitting a request to enter into a Lending Transaction with a Owner , you represent and warrant that: (i) you have read and accepted the description of the Item provided by theOwner ; (ii) you have the funds available to cover the required payments to rent theRenter Fees and any late charges for any Items retained after the rental period; (iii) you accept responsibility for the Items and agree to pay any late fees and charges in accordance with terms of this Section; and (iv) you agree to use the Items in compliance with any and all applicable laws, rules, and regulations.

 

F. Special Terms for Storage

If you borrow storage space from a Owner , you acknowledge and agree that: (i) you will not store any hazardous materials in the storage space, including, but not limited to, any exotic animals or explosives; (ii) you will not store items or goods that have a fair market value in excess of C$40,000; and (iii) you will not store any items in the Owner 's storage space that Owner s are not allowed to loan to Renters through the Baurow Service.

 

I. Deposit - {more to be added here}

At the time of lending transaction, a damage deposit will be collected from the renter. This will be charged to the payment method on file once the pre-inspection report has been submitted. The amount of the deposit to be charged will be indicated on the lending transaction, and specified under the listing. Upon successful completion of the rental, including the return of the item in its original condition, the damage deposit will be refunded to the renter in full. The return will be initiated by the submission of the post-inspection report, where the renter will approve the post-inspection report. If the rented item is returned with damages beyond normal wear and tear, the deposit may be withheld to cover repair or replacement costs. The extent of damages will be assessed by the owner or authorized personnel upon returning of the item. The owner or authorized personnel will flag a dispute through the post inspection report if the condition of the item is deemed unacceptable by the owner. In the event of damage, the owner will notify the renter through the post inspection report which shall be done with the renter present. Please see post inspection report below. The owner shall provide details of the damages and any associated costs. The renter will have the opportunity to dispute the assessment within a specified timeframe. If a dispute arises regarding damages, the deposit may be withheld until the dispute is resolved through negotiation, mediation, or any other agreed-upon resolution process between the owner and renter. Owners and renters may elect to have Baurow mediate discussions for a fee as mentioned in these terms of service. The deposit will be returned to the renter promptly upon resolution of any disputes, with any necessary deductions for damages agreed upon by both parties.This policy serves to protect both the owner and the renter, ensuring fair treatment and accountability throughout the rental process.

 

J. Pre Inspection

As part of the Baurow service owners and renters must complete a pre inspection at the beginning of every lending transaction. The rental cannot commence and the item cannot be released until the pre-inspection has been submitted to the Baurow platform. Failure to do so will result in the renter absolving their ability to prove any damages that were not as a result of the lending transaction. you acknowledge and agree that you: (i) are entirely responsible for ensuring that the pre inspection is filled out to your satisfaction at the beginning of each and every lending transaction at time of item pick up including but not limited to any pictures of prior damage, comments on usability and overall function of the item  ; (ii) are responsible for approving the pre inspection report submitted by the owner and any deviations or issues at time of pick up

 

K. Post Inspection

Upon the return of the item at the end of the lending transaction, the owner agrees to promptly complete a post-inspection report detailing the condition of the product at the conclusion of the rental period. The post inspection report must be completed by the owner with the renter present. The renter acknowledges and agrees that: (i) the post inspection report will be filled out to represent the condition of the product at time of return (ii) Will thoroughly inspect the returned product with the owner and document any damages wear and tear, or deviations from its original condition including but not limited to supporting photographs, and comments. (iii) The report will be submitted with the renter present upon completion of the report and shall be done in a timely manner. (iv) in the event that the product was damaged during the period of the lending transaction, the owner reserves the right to initiate a dispute. Post inspection reports must be approved by the renter to close the lending transaction and release the deposit to back to the renter. By submitting the post-inspection report, the owner releases Baurow and its third-party affiliated from any and all liability arising from the proper utilization of the report and any subsequent charges.

G. Lending Transaction Acknowledgement; Assumption of Risk; Release of Claims

When you borrow an Item from a Owner as part of a Lending Transaction, you acknowledge and agree that you are entering into a transaction with the applicable Owner – not Baurow. WITHOUT LIMITING ANY OTHER PROVISION IN THESE TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE AND RELEASE BAUROW FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE BAUROW SERVICE AS A BORROWER, INCLUDING WITHOUT LIMITATION ANY LIABILITY ARISING OUT OF OR RELATED TO ANY LENDING TRANSACTIONS THAT YOU MAY ENTER INTO ON THE BAUROW SERVICE. IF YOU ARE A CALIFORNIA RESIDENT, THEN THE WAIVER OF CALIFORNIA CIVIL CODE §1542 CONTAINED IN THE "LIMITATION OF LIABILITY" SECTION OF THESE TERMS SHALL APPLY TO THIS RELEASE.

 

7. Interactions and Disputes between Owner s and Renters

YOU AGREE THAT WHEN YOU LEND OR BORROW AN ITEM ON THE BAUROW SERVICE, THE LENDING TRANSACTION IS SOLELY BETWEEN YOU AND THE LENDER AND/OR BORROWER, AS APPLICABLE AND THAT BAUROW IS NOT A PARTY TO THE LENDING TRANSACTION. BAUROW HAS THE RIGHT, BUT NOT THE OBLIGATION, TO MONITOR, ASSIST AND/OR RESOLVE ANY DISPUTE BETWEEN LENDERS AND BORROWERS – INCLUDING WITHOUT LIMITATION AND BY WAY OF EXAMPLE, BY CHARGING THE FULL ESTIMATED VALUE OF BORROWED ITEMS TO THE BORROWER'S PAYMENT METHOD OR RELEASING THE DEPOSIT IN FULL TO THE OWNER IN THE EVENT IT IS DETERMINED THAT THE BORROWER HAS STOLEN, LOST, OR DESTROYED THE LENDERS' ITEMS.

In the event that a Renter and a Owner are unable to resolve a dispute between them directly, they may ask Baurow to mediate the dispute. Baurow may accept or reject such request to be a mediator at its sole discretion. If Baurow accepts the request to act as a mediator, it may charge a fee of up to thirty percent (30%) of any amounts that Baurow determines is payable by the Renter to compensate the Owner for any loss or damage to the applicable Item. We will charge this amount to the Renter and owner at up to 15% to the renter and 15% to the owner. In addition to any amounts the Renter is required to pay to the Owner , which may include the deposit or any other fees attributable to those days that the Owner has been unable to lend the Items to other Renters.

 

8. Interactions and Disputes between Owner s and Renters

Within a certain timeframe after completing a Lending Transaction, Owner s and Renters can leave a public review ("Review") and submit a star rating ("Rating") about each other. Ratings or Reviews reflect the opinions of the individual User and do not reflect the opinions of Baurow. Ratings and Reviews are not verified by Baurow for accuracy and may be incorrect or misleading. Ratings and Reviews bmust be accurate and may not contain any offensive or defamatory language. Users are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another User. Ratings and Reviews are part of a User's public profile and may also be surfaced elsewhere on the Baurow Service together with other relevant information such as number of Lending Transactions, number of cancellations, average response time and any other information Baurow considers to be relevant.

 

9. Fees and Payment Terms

A. Baurow Commission

Baurow receives a commission from the Owner for any and all Owner Transactions taking place through the Baurow Service ("Baurow Commission"). The Baurow Commission structure will be determined in the following way:

(i)                  40% where an owner has less then 100 products listed on the Baurow

(ii)                30% where an owner has between 101 – 500 products listed on the Baurow

(iii)              15% where and owner has over 501 products listed on Baurow

 

 

 

At time of lending transaction and submission of the pre-inspection report the owner will receive the rental amount less the commission for Baurow services. Commission percentages based on volume are subject to change and are at the sole discretion of Baurow. Baurow has the absolute right to modify commission structure as deemed necessary.

 

B. Commission Avoidance

You shall not engage in any practice which may avoid or lower the amount of Baurow Commission that would otherwise have been payable had the Lending Transaction been completed using the Baurow Service (such practices collectively referred to as "Commission Avoidance"). Commission Avoidance includes, without limitation, entering into any Lending Transaction or otherwise coordinating to lend and borrow Items outside of the Baurow Service. In the event of engagement by any User(s) in any Commission Avoidance, such User(s) shall indemnify and hold harmless Baurow in respect of any losses suffered by Baurow as a result of such Commission Avoidance. In the event that you attempt to engage a User you met through the Baurow Service in a rental or transaction that does not use the Baurow Service, you are liable to pay a fine of up to the lesser of the Baurow Commission or $200 as a penalty for doing so and Baurow may terminate your account without liability to you.

C. Payment Methods

We accept various payment methods for the Baurow Service, including, but not limited to, Mastercard, Visa, and American Express. For any fees on the Baurow Service payable to Baurow or other Users, Baurow or its third-party payment processor will bill your payment method submitted in connection with the Lending Transaction or otherwise provided with your account. Baurow will not fulfill any transaction without authorization validation of your purchase from your payment method.

D. Taxes

You acknowledge that you are solely responsible for payment of applicable taxes (if any) owed by you pursuant to your use of the Baurow Service.

E. Payment Processing Services

Payments made through the Baurow Service are processed by Stripe. You can read their full terms and conditions here. Payment processing services for Owner s on Baurow are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these terms or continuing to operate as a Owner on Baurow, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Baurow enabling payment processing services through Stripe, you agree to provide Baurow accurate and complete information about you and your business, and you authorize Baurow to share it and transaction information related to your use of the payment processing services provided by Stripe.

 

10. Interactions and Disputes between Owner s and Renters

We care about the privacy of our Users. You understand that by using the Baurow Service, you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy.

11. Text Messaging

We offer you the chance to enroll to receive SMS/text messages from Baurow. You may enroll to receive text messages about account-related news and alerts and/or offers for Baurow products and services. By enrolling in Baurow's SMS/text messaging service, you agree to receive text messages from Baurow to your mobile phone number provided, and you certify that your mobile number provided is true and accurate and that you are authorized to enroll the designated mobile number to receive such text messages. You acknowledge and agree that the text messages may be sent using an automatic telephone dialing system and that standard message and data rates apply. Consent is not required as a condition of purchase.

To unsubscribe from text messages at any time, email us at info@baurow.com. You consent that following such a request to unsubscribe, you may receive one final text message from Baurow confirming your request. For help, contact us via our contact page.

 

12. Security

Baurow cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

13. User Content

It is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Baurow Service, please notify Baurow's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Baurow Service;
4. Information reasonably sufficient to permit Baurow to contact you, such as your address, telephone number, and, email address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Attn: DMCA Notice Baurow, Inc.

Address: 9th Floor, 107 Cheapside, London, EC2V 6DN, England.

Telephone:

Email: copyright@baurow.com

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING WITHOUT LIMITATION MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.

Please note that this procedure is exclusively for notifying Baurow and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Baurow's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, Baurow has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Baurow may also at its sole discretion limit access to the Baurow Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

14. Third-Party Links and Information

The Baurow Service may contain links to third-party materials that are not owned or controlled by Baurow. Baurow does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Baurow Service or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that these Terms and Baurow's Privacy Policy do not apply to your use of such sites. You expressly relieve Baurow from any and all liability arising from your use of any third-party website, service, or content, including without limitation User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Baurow Service, including, but not limited to, payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Baurow shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

15. Indemnity

You agree to defend, indemnify and hold harmless Baurow 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 Baurow Service, including without limitation any data or content transmitted or received by you and your lending and/or borrowing of any Items; (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 or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party's access and use of the Baurow Service with your unique username, password or other appropriate security code.

16. No Warranty

THE BAUROW SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE BAUROW SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BAUROW SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BAUROW OR THROUGH THE BAUROW SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, BAUROW, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE BAUROW SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE BAUROW SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE BAUROW SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BAUROW SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE BAUROW SERVICE.

BAUROW DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BAUROW SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND BAUROW WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BAUROW, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL BAUROW BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE BAUROW SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BAUROW ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE BAUROW SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE BAUROW SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL BAUROW, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO BAUROW HEREUNDER OR $100.00, WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BAUROW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

FOR ANY RELEASES CONTAINED IN THESE TERMS, IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

18. Governing Law, Arbitration, and Class Action/Jury Trial Waiver

A. Governing Law

You agree that: (i) the Baurow Service shall be deemed solely based in California; and (ii) the Baurow Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in San Francisco, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including, but not limited to, any provisional relief required to prevent irreparable harm. You agree that San Francisco, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

B. Arbitration

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM BAUROW. For any dispute between you and Baurow, you agree to first contact us at resolutions@baurow.com and attempt to resolve the dispute with us informally. In the unlikely event that Baurow has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, "Claims"). The arbitration will be conducted in Vancouver, Canada, unless you and Baurow agree otherwise. If you are using the Baurow Service for commercial purposes, each party will be responsible for paying any arbitration filing, administrative and arbitrator fees in accordance with the arbitration process of Canada, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses. If you are an individual using the Baurow Service for non-commercial purposes: (i) The arbitrator may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from the arbitrator; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney's fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Baurow from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.

 

C. Class Action/Jury Trial Waiver

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE BAUROW SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND BAUROW ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

19. Additional Mobile Applications Store Terms

A. Mobile Applications

We may make available software to access the Baurow Service via a mobile device ("Mobile Applications"). To use any Mobile Applications, you must have a mobile device that is compatible with the Mobile Applications. Baurow does not warrant that the Mobile Applications will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Baurow hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one Baurow User Account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Applications; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (v) delete the copyright and other proprietary rights notices on the Mobile Applications. You acknowledge that Baurow may from time to time issue upgraded versions of the Mobile Applications and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof, and Baurow or its third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. Baurow reserves all rights not expressly granted under these Terms. If the Mobile Applications are being acquired on behalf of the United States Government, then the following provision applies. The Mobile Applications will be deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Baurow Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms and is prohibited except to the extent expressly permitted by these Terms. The Mobile Applications may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Applications may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Applications and the Baurow Service.

B. Mobile Applications from Apple Mobile Applications Store

The following applies to any Mobile Applications you acquire from the Apple Mobile Applications Store ("Apple-Sourced Software"): You acknowledge and agree that these Terms are solely between you and Baurow, not Apple, Inc. ("Apple") and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the Apple App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Baurow as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Baurow as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party's intellectual property rights, Baurow, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Baurow acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.

C. Mobile Applications from Google Play Store

The following applies to any Mobile Applications you acquire from the Google Play Store ("Google-Sourced Software"): (i) you acknowledge that these Terms are between you and Baurow only, and not with Google, Inc. ("Google"); (ii) your use of Google-Sourced Software must comply with Google's then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Baurow, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to Baurow's Google-Sourced Software.

20. General

A. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Baurow without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

B. Notification Procedures and Changes to these Terms

Baurow may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Baurow in our sole discretion. Baurow reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms. Baurow is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Baurow may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the ‘last modified' date at the bottom of this page and notify you that material changes have been made to these Terms. Your continued use of the Baurow Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Baurow Service.

C. Entire Agreement/Severability

These Terms, together with any amendments and any additional agreements you may enter into with Baurow in connection with the Baurow Service, shall constitute the entire agreement between you and Baurow concerning the Baurow Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.

D. No Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Baurow's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

E. Contact

Please contact us at help@baurow.com with any questions regarding these Terms.