Terms & Conditions

1. INTRODUCTION

Please read these Terms of Use for the Burbz (“Agreement”) carefully. This Agreement is a legal and binding agreement between You and Burbz, Inc., a Delaware for-profit corporation, stating the terms and conditions that govern the use of the Burbz Website and Mobile Application, and any Registered User Services they provide. By registering as a Registered User of this Website, You agree to be bound by this Agreement. IF YOU DO NOT AGREE TO ACCEPT THIS AGREEMENT THEN, YOU MUST NOT REGISTER AS A REGISTERED USER OR ACCESS ANY REGISTERED USER SERVICES ON OR THROUGH THE WEBSITE. Any failure by Burbz to enforce this Agreement will not waive Burbz right to enforce this Agreement.

2. DEFINITIONS

2.1 “Agreement” means these Terms of Use, and any additional user terms that Burbz may require you to agree to.

2.2 “Burbz” means Burbz, Inc., a Delaware for-profit corporation.

2.3 “Password” means the password associated with Your unique Username created by You that allows for You to access the Registered User Services.

2.4 “Personal Information” means any information that may identify a user including but not limited to email, name, address, birthdate, credit card, or any other payment information. Personal Information does not include any information that is publically available or encrypted.

2.5 “Registered User” means You who have completed the free Registered User registration process for Burbz and agreed to the terms of this Agreement.

2.6 “Registered User Services” means any services which are ordered by You or accessible by a Registered User from the Website.

2.7 “Registration Form” means the form which must be completed to become a Registered User.

2.8 “Third-Party Services” means services that Burbz does not provide, but that You may access, use, connect to or through the Website.

2.9 “Username” means a unique username created by You, that, if entered with the associated Password will grant You access to the Registered User Services.

2.10 “Website” means www.theburbz.com or such variations to the name of the above domain name or associated mobile application.

2.11 “You” and “Your” or similar terms means the person or legal entity registering with the Website and subject to this Agreement.

3. USER WARRANTIES

3.1 By using the Registered User Services or accessing this Website, You confirm that You are at least 18 years-of-age, the details incorporated into the Registration Form are details about You, and that You have read and will comply with this Agreement.

3.2 Manager Licenses. If You register with Burbz as a property manager then You represent and warrant that you are fully qualified and licensed, to the extent required by law, to manage real estate and perform all obligations assumed by a property manager.

4. USER REGISTRATION

4.1 Registration Process. To purchase services from the Website or access specific sections of the Website, You will need to register as a Registered User of Burbz. The act of registering as a Registered User confirms acceptance of this Agreement. To register as a Registered User, and thus accept this Agreement, fully complete and submit all information in the Registered User Form.

4.2 Access. You attain the authority to access the Registered User Services upon completion of the Registration Form by the User and will end with the termination of this Agreement as outlined in section five (5) of this Agreement.

5. TERMINATION OR CANCELATION

5.1 Termination. Burbz reserves the right to terminate Your account at any time for any reason without notice. A breach of this Agreement will result in immediate termination of Your Registered User status.

5.2 Cancelation. You may cancel Your Registered User Services at any time by stopping payment and use of the Registered User Services. You are not eligible for a refund of any fees paid before termination.

6. REGISTERED USER OBLIGATIONS

6.1 Account Security. You are responsible for the security of Your Username and Password. You must not release Your Username or Password to anyone. You agree to inform Burbz immediately if Your Username or Password have been compromised. In such a case, Burbz will reset Your Username or Password for You. If You wish to deregister yourself as a Registered User, You agree to inform Burbz so that Burbz may update the system. To do so contact Burbz at cusomterservice@theburbz.com.

6.2 Alerting for Inaccuracy. You agree to alert Burbz immediately of any inaccuracies You become aware of in any information or data on the Website which forms part of the Registered User Services by contacting Burbz at cusomterservice@theburbz.com.

6.3 User Created Content. This Website allows Registered Users to comment on services from time to time. You may use the commenting facilities to share Your opinions and questions. However, You agree to refrain from posting spam messages, advertisements, or any links to malicious websites. Burbz has right to remove any content Burbz considers undesirable, or that violates this Agreement.

6.4 Non-circumvent. You irrevocably agree not to circumvent, avoid, or bypass Burbz directly or indirectly to avoid payments or fees. If a transaction is consummated between you and any individual or entity introduced directly or indirectly by Burbz during the term of this agreement or within twenty-four (24) months of termination of this agreement, then that transaction will be considered to have been arranged by Burbz under this agreement

7. LIMITATIONS

7.1 Account Use. You may only use the Website under this Agreement and for lawful purposes. You must not:

7.1.1 make available Your Username or Password or any part of the Registered User Services to anyone;

7.1.2 use the Website in any way that violates any federal, state, local, or international law or regulation;

7.1.3 use the Website to impersonate or attempt to impersonate Burbz, a Bubz employee, another Registered User, or any other person or entity;

7.1.4 use the Website to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or in any way which, Burbz determines, may harm Burbz or any user of the Website;

7.1.5 use automatic device, process, program, software or any other means to access or interfere with the Website for any unauthorized purpose;

7.1.6 use any manual process to monitor or copy any of the material on the Website for any purpose without our prior written consent; or

7.1.7 introduce any viruses or other material that is malicious or harmful.

8. PERSONAL INFORMATION

8.1 User Provided Information. You may, from time to time, provide Bubz with Personal Information in connection with Registration or payment for Registered User Services. If You make a purchase, Burbz and any third-party payment processor Burbz utilizes will collect information including billing details, credit card information, or other account and authentication information. You may decline to provide Your Personal Information by not registering for, purchasing, or using the Burbz Registered User Services.

8.2 Automatic Data Collection. Burbz may automatically collect data. When You interact with the Registered User Services and view content, Burbz may automatically record information including but not limited to cookie information, your IP address, the date and time of use of services, service type, plug-ins, etc.

8.3 Use of Data and Personal Information. Burbz may store and process data and Personal Information to develop and improve the Registered User Services. Burbz may use data and Personal Information to process payments, verify transactions, contact You about Your account, provide customer support, sell or market the Registered User Services to You, create statistics about users to develop the Registered User Services, verify account activity, or keep the Registered User Services secure. You may opt out of receiving promotional materials by contacting customer support at cusomterservice@theburbz.com.

8.4 Privacy. Burbz does not share the Personal Information that Burbz gathers with third-parties, except as authorized by You. However, Burbz may, share Your information with Your consent; with third-party service providers (including payment processors); if Burbz is acquired or merged with any other company; if Burbz believes necessary to investigate illegal activity; or if Burbz considers essential to investigate any matters of security. Burbz will take all reasonable steps to ensure the security of Your Personal Information. You agree to hold harmless Burbz for any liability in the event of a security breach. Burbz will notify all persons affected a detected security breach.

8.5 Effect of Account Termination. You may cancel Your account at any time, and as provided in section five (5) Burbz may terminate Your account. If Your account is canceled or terminated Burbz may retain information associated with Your account to enforce any payments that are due, provide website security, for Burbz records, or to take any actions permitted by law. Additionally, information shared with Third-Parties will be retained according to the Third-Party privacy policy.

9. CONSENT TO ELECTRONIC COMMUNICATIONS

9.1 By registering with Burbz, You understand that Burbz may send You information about Registered User Services such as notices about Your use of Registered User Services, updates to the Registered User Services including new features or pricing, and promotional material for the Registered User Services.

10. DISCLAIMER

10.1 Burbz strives to provide quality services and reliable information, but You understand that the Registered User Services are provided “as is” without any express or implied warranty of any kind. All of the content contained on the Website is checked for accuracy, verified and edited. However, Burbz does not guarantee the accuracy of any information contained on the Website or the safety of any external links. Therefore, Burbz is not responsible for any damages or harm that result from Your use of information or links available on the Website.

EXCEPT FOR THE WARRANTY ABOVE, BURBZ PROVIDES THE SERVICES AS IS AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND QUIET ENJOYMENT. END USER UNDERSTANDS THAT BURBZ IS DEPENDENT ON CERTAIN THIRD-PARTIES AND ON MATTERS OUTSIDE ITS CONTROL FOR DELIVERING THE SERVICES. BURBZ EXPRESSLY DISCLAIMS THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, ERROR-FREE, ACCURATE OR RELIABLE. ANY MATERIAL OR DATA OBTAINED OR DOWNLOADED THROUGH THE SERVICES, INCLUDING RESPONSES, MOBILE APPLICATIONS, REPORTS, INTRODUCTIONS, IS DONE AT END USER’S OWN RISK AND END USER SHALL REMAIN SOLELY RESPONSIBLE FOR ANY DAMAGE CAUSED BY SUCH MATERIAL, INCLUDING ANY LOSS OF DATA OR DAMAGE TO END USER’S COMPUTER SYSTEMS. BURBZ SHALL NOT BE RESPONSIBLE FOR END USER’S FAILURE TO STORE, DOWNLOAD, OR BACKUP ITS DATA. END USER SHALL REMAIN RESPONSIBLE TO EVALUATE THE ACCURACY, RELIABILITY, COMPLETENESS AND USEFULNESS OF ANY AND ALL CONTENT DELIVERED THROUGH THE SERVICES.

11. THIRD-PARTY CONTENT AND LINKS

11.1 The Website may contain links to other websites that Burbz does not own or control. As provided in the Communications Decency Act § 230(c)(1), Burbz is not responsible for any third-party content displayed on or through the Website. Burbz has no control over and therefore, is not responsible for, the content or practices of any third-party websites or Third-Party Services. Burbz does assume responsibility for any third-party user content, product, or service advertised or offered by any third-party on or through the Website. You understand and agree that Burbz is not liable for transactions between You and any third-party. You should be cautious in transacting with third-parties and read all applicable privacy policies and terms of use agreements.

12. INDEMNIFICATION

12.1 You agree to hold Burbz and its agents, owners, officers, and employees harmless against and from all injuries, expenses, liabilities, losses, damages, actions, fines, penalties, regulatory actions, and demands of any kind (including reasonable attorneys’ fees) arising out of: (1) Your breach of this Agreement; (2) any user content You post; (3) any unlawful activity You engage in through the Website; (4) and third-party transactions or agreements You enter; (5) Your violation of any law or the rights of any other user or third-party; (6) and any errors, omissions, misrepresentations, and any negligent acts by You take relating to any of the services offered by Burbz.

13. PRICING AND PAYMENTS

13.1 Payment Information. You must provide Burbz with a valid credit card or payment method for all purchases. To process Your payment, Burbz may share Your payment information with financial institutions or payment processing companies. Burbz does not accept all payment methods or currencies. If Your payment method is not valid and Burbz is unable to process any reoccurring payment Your Registered User Services will be immediately canceled.

13.2 Purchase Types. Burbz offers individual bid purchases and monthly subscription services that may be purchased directly through Burbz, either by (1) paying a one-time purchase price or (2) by paying a reoccurring subscription fee. For a subscription, Your payment to Burbz will automatically renew at the end of the subscription period. Cancelation of Your subscription will take effect the day after the last day of the current subscription period. If You cancel Your subscription or terminate any of the Agreements before the end of the current subscription period, Burbz will not refund any subscription fees already paid to us.

13.3 Price Changes. Burbz reserves the right to change the price for any Registered User Service at any time. If prices change for a subscription (for periods not yet paid), then Burbz will communicate such change to You in advance. Any change in subscription prices will commence at the beginning of the subscription period following the announcement ofthe price change. Continued use of the subscription services after the price change takes effect constitutes acceptance. You have the right to reject the price change by unsubscribing from the Services before the price change. So, please read all price change notifications carefully.

14. AGREEMENT REVISIONS

14.1 Right to Modify. Burbz reserves the right to modify the terms of this Agreement at any time. If there are any modifications to this Agreement, Burbz will announce that a change was made on the Website homepage. Your continued use of the Website or Registered User Services constitutes Your agreement to any changes. Therefore, You are advised to check back and read this Agreement periodically, or to review any proposed changes that you are notified of, and agree to such changes, or refrain from continuing to use Burbz.

14.2 Effect of Non-acceptance. If You do not agree to any portion of this Agreement or to any changes Burbz makes to this Agreement, then do not use or continue to access the Registered User Services on or through the Website.

15. GOVERNING LAW

15.1 This Agreement (and any non-contractual claims arising in connection with the Agreement) is governed by and construed under the laws of the State of Arizona without regard to choice of law or conflicts of law principles. Further, You agree that the venue for any dispute, including any litigation, will be in the courts of appropriate jurisdiction in Maricopa County.

16. INTELLECTUAL PROPERTY

16.1 The Website and all of its functionality, features, and original content (including but not limited to all information, text, images, audio and video, design, and software) are solely owned by Burbz. The intellectual property is protected by the applicable international, United States or common law copyright law, trademark, and other property or intellectual property laws. Burbz reserves the right to enforce any applicable laws in the protection of Burbz intellectual property. Further, You are prohibited from the reproduction or partial modification of the information contained on this Website unless Burbz provides prior written consent.

17. SEVERABILITY

17.1 If any portion or clause of this Agreement is found to be invalid, illegal, or unenforceable for any reason under present or future laws, then the remainder of this Agreement will not be affected. Each clause or provision that is illegal, invalid or unenforceable, is therefore severable and will not affect other provisions or terms of the Agreement which can be given effect without the invalid provisions or clauses

18. CAPTIONS AND NUMBERING

18.1 The captions and numbering of each paragraph are added as a matter of convenience only and will be considered to be of no effect in the construction of any provision of this Agreement.

19. FORCE MAJEURE

19.1 Force Majeure. The parties understand that there may be an occurrence of an event or effect that cannot be reasonably anticipated or controlled, which even by the exercise of reasonable diligence cannot prevent non-performance. These occurrences and events include, but are not limited to: acts of God; acts of war; acts of public enemies; strikes; fires; explosions; outages; general Internet brown-outs or black-outs or shortage of bandwidth; hacking; actions of the elements; or other similar causes beyond the control of Your or Burbz in the performance of this Agreement. Upon the occurrence of such event or effect, the parties shall agree to excuse performance under this Agreement and not hold the other liable for the delay in or failure of performance under this Agreement. Any such delay in or failure of performance shall not constitute default or give rise to any liability for damages.

20. ATTORNEY’S FEES

20.1 Attorney’s Fees. In the event Burbz must initiate any action at law or other proceeding against You to enforce any of the terms of this Agreement, or by reason of any breach or default, in any such action or proceeding, Burbz shall be entitled to recover from You for all costs and reasonable attorneys’ fees it incurred.

21. CONTACT

21.1. Customer Service. If You have any questions or concerns about this Agreement, or if You encounter difficulties while You navigate and use this Website, please feel free to contact Burbz at cusomterservice@theburbz.com.

21.2 Notices. Burbz may give notice to You by placing a banner on the Website homepage or by using information provided by You on the Registration Form. If you fail to maintain Your contact information, you may receive critical information about this Agreement, a change in subscription prices, or Your account. Any information delivered to you through the contact information you provide will be deemed received by you.