Information about Burly

Terms of use

TERMS OF SERVICE

Version updated on September 29, 2019

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.

Below are the general terms that apply to all users of the Burly marketplace, website, web widgets, feeds, mobile device software applications (the "Burly Software"), applications for third-party websites and services, and any other mobile or online services and/or applications owned, controlled, or offered by Burly (collectively the "Service"), as well as those terms that apply specifically to owners and to renters. All of the terms stated in these Terms of Service, together with Burly’s Privacy Policy and the Burly Rental Policies provided on the Burly site, consittute the "Agreement" between you and Burly.  Burly may chagne the terms of the Agreement from time to time.  All changes are effective immediately when we post them and apply to all access anduse of hte Services thereafter.  

Please read these Terms of Service carefully before you access the marketplace or any Services. By clicking to accept or agree to these Terms of Service when this option is made available to you, you signify that you have read, understood, and agree to be bound by these Terms of Service, as well as our Privacy Policy and Burly Rental Policies, which are incorporated here by reference, and to the collection and use of your information as set forth in the Privacy Policy whether or not you are a registered member.

The marketplace is available to users who are 18 years of age or older and reside in the United States. By accessing the marketplace, 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 marketplace or use any Services.

If you have any questions for us concerning the Agreement or Burly generally, please contact us at support@burly.com.

Thank you for your interest in Burly!

The Burly Team.

BURLY PROPRIETARY RIGHTS:

You acknowledge and agree that the Burly Website and all materials on it, including without limitation, the Website’s 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 Website, and other vehicle information, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on the Burly Website. 

All Proprietary Information on Burly’s Website is owned by or licensed to Burly and may only be used pursuant to the “License for Personal Use” below.

GENERAL TERMS:

The following terms apply to each user (including equipment renters and equipment owners) of the Burly marketplace:

Registration and Verification:

When you sign-up for various services offered by Burly, you will provide certain information about yourself (e.g. information concerning your equipment, your driving record, etc.). It is a condition of your use of the Services that you provide complete and accurate information to Burly. Burly will use third-party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize Burly to request, receive, use and store such information for a reasonable period of time. You agree that all information you provide to register for the Services or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. Burly may accept or reject your registration application in its discretion for any reason.

Ongoing Information Updates:

You promise to update the information you have provided to Burly in the event of any changes to your driving record or contact information. Specifically, with respect to your contact information, Burly may deliver notices to you at the most recent email and billing address provided by you, and those notices will be considered valid even if you no longer maintain the email account or receive mail at that address. Also, you are and will be solely responsible for all of the activity that occurs through your account, so please keep your password and account information secure. Burly may use and share your information as described in our Privacy Policy.

Your Commitments:

You agree that you will always use the marketplace in compliance with the terms of this Agreement, the Equipment Rental 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 marketplace. 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 these Terms of Service or your use of the Services, including, but not limited to, any use of the website's content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the website.

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 Website. 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 to use this Website or service 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 member or person.

3.    You are solely responsible for determining whether content Submitted while using this site or services complies with all the terms above in Paragraphs A & B.

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 Website, you are granting to us a 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 to us the non-exclusive right to seek to enjoin and/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 for 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 Website 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, knowhow 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 Website or 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, and 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 for 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 Website 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 Website;

2.    Imposing a disproportionate load on the Website or its server infrastructure, whether through a denial of service attack or otherwise;

3.    Attempting to interfere with the operation of the Website;

4.    Circumventing the Website’s technological protection or security mechanisms;

5.    Using a spider, scraper, or other automated technology to access the Website;

6.    Attempting to gain access to the personal, personally identifiable, or payment information of a user of the Website;

7.    Harassing a user of the Website;

8.    Posting or transmitting content through the Website 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 Website that infringes upon the rights of third parties, including intellectual property or other personal or proprietary rights;

10.    Posting or transmitting content through the Website that constitutes fraud, a phishing scam, a pyramid scheme, or a chain letter;

11.    Posting or transmitting content through the Website 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 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 in the Burly Rental Policies. If you have questions about your own personal insurance policies, you should contact your insurance professional; if after reviewing these Terms of Service and you or your insurance professional still have questions regarding the Burly protections, please contact us at support@burly.com 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 marketplace 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 own 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 this Website 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 marketplace or the 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 A 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 marketplace 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 Burly.co 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

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 marketplace:

Information provided to Burly:

As part of establishing and maintaining your status as an authorized renter through the Burly marketplace, you will need to provide certain information about yourself and your driving record. You understand and agree that you must meet the eligibility requirements at all times that your use of equipment through the marketplace; if, after initial approval, you later fail to meet the eligibility requirements (e.g., you have a subsequent driving violation that would make you ineligible), you are required to inform us of the change in status, and refrain from renting or driving equipment via Burly. As stated above, you have authorized Burly to obtain your driving record and other applicable reports at any time, in order to verify that you meet the eligibility requirements of the marketplace. You understand and agree that Burly may periodically request additional verification of eligibility and proper verification of usage from you as a renter, and that if you fail to provide satisfactory evidence of your continued compliance with this Agreement, Burly may terminate your membership immediately. Burly may, subject to these Terms of Service and the Privacy Policy, retain and continue to use for its own internal purposes any information previously provided by you. All of your information will be held and treated in accordance with the Privacy Policy. To note, any failure to disclose equipment-related violations, accidents or other material information is grounds for immediate rejection or termination of your membership, effective as of such failure.

Fees and Losses:

You are responsible for paying all fees when they come due in connection with your use of the marketplace and the 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, 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 and the protection offered by Burly will not be available to you until your personal, commercial or business insurance has been exhausted. Additionally, Burly protection may not be available to you in the event you breach your obligations under this Agreement or Equipment Rental Agreement (e.g. if you drive a vehicle while under the influence of drugs or alcohol or otherwise violate any of the Burly Rental Policies). 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 marketplace. Nothing in this Agreement is intended to limit your responsibilities or Burly’s legal rights in connection with your use of the marketplace (or any equipment rented through the marketplace) or any 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. The Burly Rental Policies section provides a list of Prohibited Uses of any equipment rented through the Burly marketplace. The list isn’t meant to be exhaustive. If you have any concerns about your planned use, please contact Burly customer service at support@burly.com. You will be fully responsible for any claims, loss or damage related to your misuse of equipment. Renters also acknowledge that using equipment in a prohibited manner may lower the renter’s liability coverage to state minimum limits or nullify coverage, where allowed by applicable state law, and may furthermore nullify any comprehensive or collision protection.

Condition of the Equipment:

You understand that, unless otherwise specifically noted, the equipment offered though the Burly marketplace are owned by third parties and are not owned or maintained by Burly. Each owner is responsible for maintaining and repairing the equipment they offer through the marketplace 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 support@burly.co, or (231) 930-4455. 

Incident Reporting:

You must immediately report any damage to the equipment you are using to Burly at support@burly.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:

In the event that owner and/or renter’s insurance is insufficient or unavailable, Burly will provide certain equipment damage protection insurance as described in this Agreement and the Burly Rental Policies. 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 marketplace. 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 re-payment of those amounts to Burly.

Waiver:

Burly provides a marketplace to allow equipment owners and renters to connect in an easy and efficient way. 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 marketplace, the 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 THIS MARKETPLACE OR ANY SERVICES INCLUDING, 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 marketplace:

Information Given at Registration:

When you sign up for Burly, you will identify particular equipment that you want to list for rent through the marketplace. The equipment must meet the requirements provided by Burly on the Burly site from time to time. You may only use the marketplace 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 at Burly Fees Policy. The fees that apply to you will be the same as posted on the Burly site 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 with respect to 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 inspected as described in the Maintenance Policy. You promise that, at all times, your equipment will be in 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 you participate in the marketplace. Burly will provide instructions for removal of those labels or decals in connection with any termination of your participation in the marketplace.

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 the reservation) 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:

In the event that owner and/or renter’s insurance is insufficient or unavailable, Burly will provide certain equipment damage protection insurance as described in this Agreement and the Burly Rental Policies. 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 marketplace. 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 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 marketplace. 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. With respect to 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 marketplace, 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 with respect to 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.

Consent to Electronic Communications:

When you opt-in to the service, we many send you an SMS message to confirm your signup.

As always, message and data rates may apply for any messages sent to you from us and to us from you. You may receive 3-4 messages/rental. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

If you have any questions regarding privacy, please read our Privacy Policy.