Terms and Conditions

Terms of Use

 

PLEASE READ THIS TERMS OF SERVICE AGREEMENT AND ALL OTHER AGREEMENTS AND POLICIES REFERENCE HEREIN COLLECTIVELY DEFINED BELOW AS THE “TERMS OF SERVICE” CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.  THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS AND A BINDING ARBITRATION AGREEMENT AND ACTION WAIVER.

 

INTRODUCTION

Welcome to the website of Burbz, Inc., a Delaware Corporation, dba Burbz (“Burbz”, “we”, or “us”) (collectively, the “Site”) and access to the Site and Site Services (collectively, the “Services”).  This terms of use (this “Agreement”) is a contract between you (“you” or “User”) and Burbz.  By using or accessing the Site or Services, or a subdomain of any such, you acknowledge that you agree to and are subject to the following terms and conditions, as well as our Privacy Policy.

This Agreement includes and hereby incorporates by reference other important Burbz agreements and policies (collectively, the “Terms of Service”).  Burbz may, in our sole discretion, amend this Agreement or any of the other agreements in our Terms of Service at any time by posting a revised version on the Site.  For any substantial change, Burbz will provide reasonable advance notice by sending you notice by email, posting an alert on the Service, and/or posting the updated Terms of Service on the Site.  Any increase to Fees charged by Burbz, we will provide at least 30 days’ advance notice of the chargers, but may not provide any advance notice for changes resulting in reduction in Fees or any temporary or promotional Fee change.

Any revision to the Terms of Service will take effect on the noted effective date (the “Effective Date”).

YOU UNDERSTAND THAT BY USING THE SITE OR SITE SERVICES AFTER THE EFFECTIVE DATE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE.  IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR THE SITE SERVICES AFTER THE EFFECTIVE DATE EXCEPT AS PERMITTED BY THE SITE TERMS OF USE.

1.  BURBZ ACCOUNTS

Section 1 discusses what you must agree to before using the Site or Site Services and the different types of accounts that can be created on Burbz, as detailed below.

1.1  REGISTRATION OBLIGATION AND ACCEPTANCE

In order to access the Services, Users must provide certain registration details or other information to register.  You represent that all information provided by you for an Account is accurate and current.  You agree to abide by this Agreement and Terms of Service by (a) registering for an account to use the Site or Site Services (an “Account”), (b) using the Site or Services after the Effective Date posted if you previously registered an Account on the Effect Date, (c) clicking to accept any Terms of Service when promoted on the Site or Service.

Burbz limits use and certain portions of our Site and the Site Services based on the account type.  To access and use certain portions of the Site and the Site Services, you must register for an Account.

Landlords do not need an Account to create a Proposal Request.  Prior to the creation and completion of a Proposal Request, the User will have to accept our Terms of Service, including this Agreement.  To engage in Co-Management Services with a Co-Manager, the Landlord will need to register an account.

If you create an Account as an employee or agent on behalf of a brokerage or company, you present and warrant that you are authorized to enter into binding contacts, including other Terms of Service, on behalf of yourself and your brokerage or company.

Privacy is important to Burbz.  Your information will be handled in accordance with our Privacy Policy, and applicable law.

 

1.2  ACCOUNT ELIGIBILITY

Burbz offers the Site and Site Services for your personal and business purposes.  To register for an Account or use the Site and Site Services, you must, and hereby represent that you: (a) are an individual representing yourself, (b) will use the Site and the Site Services for real estate purposes, (c) will comply with all licensing requirements and limitations for any property management, leasing, contracting or other services provided, (d) will comply with all federal, state and local real estate laws, including Landlord-Tenant Laws and Property Management laws, (e) provide proof of personal and licensing identification, proof of ownership for any properties listed, (f) proof authority to list the property, (g) own and/or has rights to rent the property, (h) will not wrongfully without a rental deposit, or any type of deposit, in breach of the underlying lease agreement, (i) will accurately describe the rental property, will disclose all material defect, or material information, (j) as a tenant, receive approval for listing any subleases, (k) are either a legal entity or an individual who is 18 years or older and (l) can form legally binding contractor.

 

1.3 ACCOUNT PROFILE

After registering, you must create a User profile (“Profile”), which will be used to verify your identity and licensing status, and consent to share your Personal Information with other Users that are connected to the same property on Burbz. You agree to provide accurate information on your Profile and all other forms you have access on the Site, and to provide updates if the information has changed.  You agree not to provide any false or misleading information about you.

To create a public Co-Manager Profile, you agree to be shown to the public.  You agree to clearly state your licensing status for real estate or contracting services, and to update your status when that status has changed.  You agree to sharing your personal contact information on the public profile and allow Users to contact you.

 

1.4  ACCOUNT TYPES

This section describes the different types of accounts Users can register for.  Once you register, you cannot use the same email for another account.  Each account has different features and access.  We reserve the right to revoke the privileges of the Account of access to or use of the Site or Site Services without warning if, in our sole discretion, false or misleading information has been provided, misleading of licensing and performing illegal services.

 

1.4.1  LANDLORD ACCOUNT

You can register for an Account to use the Site and Site Services as a Landlord (a “Landlord Account”).  Landlord Accounts receive rent directly from the tenant and are responsible for meeting all Landlord-Tenant Laws for the holding bank account for any tenant deposits; such as security deposits.

The Landlord Account is responsible for assigning Co-Manager’s to Property’s for Co-Management Services.  You are responsible for entering any Co-Management Terms and updating those terms accordingly.  You agree to enter Co-Management Terms that all parties agreed to and provide at minimum a 30-day termination notice prior to unassigning a Co-Manager to the property.

1.4.2  CO-MANAGER ACCOUNT

You can register for an Account to use the Site and Site Services as a Co-Manager (a “Co-Manager Account”).  Co-Manager Accounts are individuals and not entities, corporations or other collections of individuals.

The Co-Manager Account can receive payments directly from the Landlord.  The Users of Co-Manager Accounts can be licensed or unlicensed but the User is responsible for performing services within their legal limits.  You agree to performing all tasks applicable to your licensing status.

You acknowledge and agree that the Co-Manager is solely responsible, and assumes all liability, for the classification of your status as an independent contract.  You further acknowledge and agree that (i) the Co-Manager may determine the Profile visibility, content of services offers , contact information and any pricing/rate information; and (ii) Co-Manager’s Public Profile may display ratings and reviews from Landlord and Tenant users.

 

1.4.3  TENANT ACCOUNT

You can register for an Account to use the Site and Site Services as a Tenant (“a Tenant Account”).

You acknowledge and agree that the Tenant is solely responsible for paying all rent amounts in the Lease Agreement.  You acknowledge there may be fees associated with payment transactions and will pay any fees for those transactions.

 

1.5  ACCOUNT PERMISSIONS

Your Account contains Personal Information and banking/financial information.  You must treat such information as confidential, and must not disclose it to any other person or entity.  To protect you, you agree not to request or allow another person to register an Account on your behalf.  You acknowledge that your account is personal to you and agree not to provide access to another person.  If you notice any unauthorized Users or access, you must immediately notify Burbz.  You should use precaution when using the Services on any public or shared computer so that the device or others cannot save or duplicate your password.  By knowingly and willfully allowing another person to access your Account, you represent and warrant that (a) the User is authorized to act on your behalf; and (b) you are fully responsible and liable for any of the User’s acts and omissions, including any applicable laws, lease agreements and the Terms of Service.  If you or User violates the Terms of Service, we may limit your access to the Site, Services and your Profile.  Upon closure of an Account, Burbz may close any related Accounts to you or the Property.

 

1.6  IDENTITY AND LICENSING VERIFICATION

We do not assume any responsibility for the confirmation of each user’s purposed identity or licensing status.  Users are encouraged to communicate directly with the Tenant, Landlord, and/or Co-Manager through the Services and off Burbz, this does not assure or confirm the identity of the person you are in communications.    You are encouraged to take every reasonable measure to confirm the identity and licensing status of the other person’s.

By registering and creating an Account, you acknowledge and accept that Burbz may verify your identity and licensing status, including, but not limited to, valdition against third-party databases, providing official government or legal documents to confirm your (a) identity, (b) real estate license status and your ability to act on behalf of your brokerage on Burbz.  You authorize Burbz, directly or through third parties, to make all inquires necessary to validate your license status, identity, confirm ownership of your email or financial accounts or property, subject to applicable law.  When requested by Burbz or our Third-Party, you agree to provide us with the complete information we are seeking in a timely manner, including official government or legal documents.  During the verification process some Account and Service features may be temporarily limited.

 

1.7  EMAILS AND PASSWORDS

If you choose to register, you will choose an email and password (collectively, the “credentials”) for the Account.  You are entirely responsible for safeguarding and maintaining the confidentiality of your email and password.  We discourage you from sharing or giving anyone else access to your Account or the credentials to sign in.  If you do give someone else access or credentials to access your account you fail to adequately safeguard and maintain that information, you are responsible for any and all transactions that person performs and authorize Burbz to assume that any person using the Site with your credentials is you.  If you suspect or become aware of any unauthorized use or access of your Account, you agree to email Burbz at support@theburbz.com with the subject “Unauthorized Actions Notice”. 

You agree not to use the Account or log in with the credentials of another User of the Site and acknowledge the use would violate the Terms of Service.

 

2. PURPOSE OF BURBZ

Section 2 discusses Burbz  does and does not do when providing the Site and Site Services and your responsibilities when using the Site to find Co-Managers and enter into a Service Agreement with a Co-Manager or Landlord.

Burbz is a marketplace where Landlords and Co-Managers can identify each other and advertise, request, propose, hire and sell Co-Management Services.  Subject to the Terms of Service, Burbz provides the Site Services to Users, including hosting and maintaining the Site.  Burbz is not involved with facilitating or managing any Service Agreements between Users.

Burbz provides a platform to perform property management tasks online where Tenants can pay rent and submit maintenance tickets.  Burbz is not involved with facilitating or managing any lease agreements between Users.  Burbz is not responsible for implementing any State, County or local Landlord-Tenant Laws regarding late fees, security deposits and all other laws.

 

2.1  RELATIONSHIP WITH BURBZ

Burbz is not a party to any agreements or contracts between Users, such as: lease agreements, Co-Management Service Agreements, Property Management Agreements, and/or other agreements and contracts.  Users, individually and solely, are responsible for enforcing such agreements and the liability from such agreements.

You further acknowledge, agree, and understand that you are solely responsible for assessing whether to enter into an agreement or contract with another User and for verifying any information about another User, including any required licensing. Burbz does not make any representations about or guarantee the truth or accuracy of any Co-Manager’s or Landlord’s listings or other User Content on the Site; does not verify any feedback or information provided by Users about Tenants, Co-Managers or Landlords; and does not perform background checks on or guarantee the work of Tenants, Co-Managers or Landlords.

We do not intend to prohibit or discourage any User from engaging in real estate activities or providing any services through any other channels they choose.  Users are free at all times to engage in activities, transactions and services and are encouraged to do so.

Landlord and Tenants

Burbz merely makes the Site and Site Services available to enable Tenants, Landlords and/or Co-Managers to find, screen, manage maintenance, and receive or send payments among the users.  Burbz does not introduce Tenants to Landlords, select Tenants for rental properties, or assign Tenants to rental properties.   As a result, any transaction between Tenant and a Landlord or Co-Manager are solely the responsibility of each user, transactions such as (a) quality, safety or condition of the property advertised, (b) the truth or accuracy of a property advertisement, (c) the ability for Tenants to contract and rent the property.  Users acknowledge and agree to meet all applicable laws, rules and regulations.  All users must have complete discretion both with regard to whether to enter into a Lease Agreement with each other and with regard to the terms of any Lease Agreements.

Landlord and Co-Manager

Burbz merely makes the Site and Site Services available to enable Co-Managers and Landlords to find and transact directly with each other. Burbz does not introduce Co-Managers to Landlords, select Co-Managers for Landlords, or assign Co-Managers to rental properties.  Through the Site and Site Services, Co-Managers may be notified of Landlords that may be seeking the services they offer in their region, and Landlords may be notified of Co-Managers that may offer the services they seek in the region of their rental properties; at all times, however, Users are responsible for evaluating and determining the suitability of any Landlord or Co-Manager on their own. If Users decide to enter into a Service Agreement, the Service Agreement is directly between the Users and Burbz is not a party to that Service Agreement.  Without limitations, Users are solely responsible for: (a) determining the accuracy and legality of any User Content, such as Proposal Requests, Proposals or Public Profile, (b) determining the appropriateness and worthiness of other Users for a Service Agreement through interviews, vetting, background checks, or similar actions; (c) negotiating, agreeing to, and executing any terms or conditions of Service Agreements; (d) performing Co-Management Services; and/or (e) paying for Co-Management Services.

You acknowledge, agree, and understand that Burbz does not, in any way, supervise, direct, control, or evaluate Co-Managers or their work and is not responsible for any service provided. Burbz makes no representations about and does not guarantee, and you agree not to hold Burbz responsible for, the quality, safety, or legality of Co-Management Services; the qualifications, background, or identities of Users; the ability of Co-Managers to deliver Co-Management Services; the ability of Landlords to pay for Co-Management Services; User Content and statements or posts made by Users; or the ability or willingness of a Landlord or Co-Manager to actually complete a transaction. Burbz may provide certain badges on Co-Manager or Landlord profiles, these badges are not a guarantee or warranty of quality or ability or willingness of the badged Co-Manager or Landlord to complete a Service Agreement and is not a guarantee of any kind, including, the quality of Co-Management Services.

Before submitting a proposal or receiving a proposal, you acknowledge and agree that Co-Managers are solely responsible for determining which Proposal Requests to submit a Proposal to and have the solely responsibility to determine the types of services they provide and the price they charge for their service, or how that pricing is calculated or set.

Licensed Agents and Brokers

Without limiting the foregoing paragraph, if you are a licensed real estate agent (“Agent”) under a real estate brokerage (“Broker”, “Brokerage”), you expressly acknowledge, agree, and understand that: (1) the broker cannot receive compensation directly from the Landlord if their account is not the primary Co-Manager account; (2) Burbz is not a party to any agreement between the Agent and its Broker and does not have any liability or obligations under or related to any such agreement, even if the Agent or Broker defaults; (3) neither Agent nor Broker are employees or agents of Burbz; (4) Burbz does not, in any way, supervise, direct, or control the Agent or Broker; (5) Burbz does not set Agent or Broker’s’ contract terms amongst themselves or with Landlords, fees, pricing, work hours, work schedules, or location of work; (6) Burbz does not provide Agents or Brokers with training or any equipment, labor, tools, or materials needed for any Service Agreement; (7) Burbz does not provide the premises at which the Agent or Broker will perform the work; and (8) Burbz makes no representations as to the reliability, capability, or qualifications of any Agent or Broker or the ability or willingness of any Agent to make payments to or fulfill any other obligations to the Broker, and Burbz disclaims any and all liability relating thereto.

 

2.2   TAXES AND BENEFITS

Users acknowledge and agree that they are solely responsible for all taxes.

Landlord acknowledges and agrees that Landlord is solely responsible (a) for all tax liability associated with rent payments received from Tenant and through Burbz, and that Burbz will not without any taxes from payments to Landlord; (b) for determining whether Landlord is required by applicable law to remit to the appropriate authorities any rental income or property taxes. 

Co-Manager acknowledges and agrees that Burbz does not withhold taxes and you are solely responsible (a) for all income taxes and other taxes associated with payments received from Landlords and through our Site Services; (b) to obtain any additional insurance, benefits, and protections, such as liability, health, worker’s compensation, disability, unemployment or other insurance needed, desired or required by law, and you are not covered or eligible for any insurance and benefits from; (c) to issue any particular invoices for Co-Manager Fees as required by applicable laws and regulations; (d) for determining any value added tax or other such taxes need to be remitted required by applicable law; and (e) if outside of the United States, for determining if you need to without any amount of Co-Manager Fees or income to without to the appropriate authorities (including penalties and interest).  In the event of an audit of Burbz, Co-Manager agrees to promptly cooperate with Burbz and provide copies of Co-Manager’s tax returns and other documents requested for the purposes of the audit.

 

2.3 MARKETPLACE FEEDBACK AND USER CONTENT

You hereby acknowledge and agree that Users publish and request Burbz to publish on their behalf information on the Site about the User, such as feedback, rating the quality of service and experiences, service verification and feedback, geographical location, verification of professional credentials, or other useful information. Any such information is based solely on unverified data that Co-Managers, Tenants or Landlords voluntarily submit to Burbz.  Any such feedback or ratings does not constitute and will not be construed as an introduction, endorsement, or recommendation by Burbz; Burbz provides such information solely for the convenience of Users.

You understand that User feedback provides value to all Users, marketplace service for finding Co-Managers to hire, Landlords seeking co-management services, or tenants seeking a rental, and the efficiency of the Site and Services.  You request that Burbz post compiled or composite User feedback about you and other Users on Co-Manager Profiles, Proposal Requests and elsewhere on the Site.  You acknowledge and agree that Burbz may collect from Users, including yourself, User comments, User ratings, signals of User satisfaction, and other general feedback (“Composite Reviews”).  You acknowledge and agree that Burbz does not influence, contribute, monitor, censor or dictate the content that is provided and we are not responsible for the accuracy or reliability of the User Content, and do not guarantee the Composite Review is accurate.  You are solely responsible for your User Content, including its accuracy or reliability, and solely responsible for any legal action due to other Users or third parties in relate to your User Content.  Burbz is not responsible for any User Content, including any defamation or legally actionable comments or feedback or information.

You acknowledge and agree that Burbz may make Composite Reviews available to other Users, including registered and non-registered visitors.  You understand that Composite Reviews relates only to the co-management services you offer in your Co-Manager Profile and not to any individual person.

In our sole discretion, to protect Users from abuse and the integrity of our Composite Reviews service, we reserve the right, but not obligated, to remove any posted feedback, reviews or information that in our sole judgment violates the Agreement, Terms of Service or negatively affects our marketplace and Composite Review system.  If there are any errors or inaccurate statements in your feedback or Composite Reviews, you may email Burbz at support@theburbz.com with the subject “Composite Review Request”.  If you do not report any errors, Burbz may rely on the accuracy of such information.

 

3. CONTRACTUAL RELATIONSHIP BETWEEN USERS

There are several types of agreements and contracts between Users.  Section 3 discusses the Co-Management or Tenancy relationship between you and another User, including Service Agreements and Lease Agreements between Users. 

3.1 CO-MANAGEMENT SERVICE AGREEMENTS

We encourage Landlords and Co-Managers to enter into a Service Agreement if they co-manage any rental properties together.  A Service Agreement of any type, co-management or property management, establishes terms to protect and hold responsible both parties.  If you decide to enter into a Service Agreement with another User, the Service Agreement is a contractual relationship directly between the Users, the Landlord and Co-Manager. You acknowledge and agree that Burbz is not involved in the Service Agreement process or decision, the Landlord and Co-Manager have complete discretion both with regard to whether to enter into a Service Agreement with each other and with regard to the terms of any Service Agreement. You acknowledge, agree, and understand that the formation of a Service Agreement between Users will not, under any circumstance, create an employment or other service relationship between Burbz and any User or a partnership or joint venture between Burbz and any User.

The Landlord and Co-Manager acknowledges that they are responsible for entering Management Terms on the Site between Landlord and Co-Manager and that Burbz is not responsible for the terms they enter on Burbz.  The terms entered are only a representation of the Service Agreement but are not and will not, under any circumstance, be considered the official Service Agreement.  If no Service Agreement is executed between the Landlord and Co-Manager, both parties agree the Management Terms entered on Burbz will not be considered the Service Agreement.

With respect to any Service Agreement, Landlords and Co-Managers may enter into any written agreements that they deem appropriate (e.g. property management agreement, sales agreement, co-management agreement, etc.) provided that any such agreements do not conflict with, narrow, or expand Burbz’s rights and obligations under the Terms of Service, including this Agreement.  Burbz does not verify or review any Service Agreements and is not responsible for any agreements between Users.

As a free resource, Burbz has provided a template for a fair agreement between Landlord and Co-Manager known as The Optional Co-Management Service Agreement Terms (“Option Agreement” or “Option Agreement Terms”).  This Option Agreement is provided as a sample only and we make no promises, guarantees it is appropriate for all jurisdictions or all contracts.  Users can utilize the Optional Agreement in whole or in part, in addition to or instead of other similar agreements. Users acknowledge and agree they are responsible for complying with any local requirements, including applicable laws, rules, and regulations. Burbz does not assume any responsibility for any consequence of using the Optional Agreement Terms. The Optional Agreement Terms are not intended to and do not (a) constitute legal advice, (b) create an attorney-client relationship, or (c) constitute advertising or a solicitation of any type. Each rental property and desired or required property management needs are unique, specific and vary by situation and jurisdiction therefore you are encouraged to seek legal advice from a licensed attorney in the relevant jurisdictions.  Burbz expressly disclaims any and all liability with respect to actions or omissions based on the Optional Agreement Terms.

 

3.2 LEASE AGREEMENTS

We encourage Tenants and Landlords to enter into a Lease Agreement if the Tenant intends to or does occupy the Landlord’s rental property.  If a Landlord and Tenant decide to enter into a Lease Agreement, the Lease Agreement is a contractual relationship directly between the Landlord and Tenant.  You acknowledge and agree that Burbz is not involved in the Lease Agreement or decision, the  Landlord and Tenant have complete discretion both with regard to whether to enter into a Lease Agreement with each other and with regard to the terms of any Lease Agreement.  You acknowledge, agree, and understand that Burbz is not a party to any Lease Agreement, that the formation of a Lease Agreement between Landlord and Tenants will not include Burbz as a party.  You acknowledge and agree that Burbz does not verify or inspect Lease Agreement as a requirement for using the Site or Services and it is not Burbz responsibility to confirm any lease terms, such as rent, are entered into the Services accurately.

Any lease agreement templates provided on the Site, the Site Services, third-party or Affiliate  are provided as a sample only and may not be appropriate for all jurisdictions or all lease agreements.  Users are responsible for complying with any local requirements, including applicable laws, rules and regulations in the property’s jurisdiction.  Burbz does not assume any responsibility for any consequence of using any provided Lease Agreement documents.  Any provided Lease Agreement documents are not intended to and do not (a) constitute or substitute legal advice, (b) create an attorney-client relationship or agency relationship, or (c) constitute advertising or a solicitation of any type.  Each rental tenancy situation is unique and requirements vary by situation and jurisdiction and therefore you are encouraged to seek legal advice from a licensed attorney or leasing agent in the relevant jurisdictions.  Burbz expressly disclaims any and all liability with respect to actions or omissions based on any provided Lease Agreement template.

 

3.3 DISPUTES AMONG USERS

Any disputes between Users must be resolved outside of the Site and Services.  You acknowledge and agree that Burbz will not and is not obligated to provide any dispute assistance. Burbz is not considered a mediator for disputes and requires the parties involved to resolve their issues through outside mediators. If the dispute process does not resolve your dispute, you may pursue your dispute independently.

 

3.4 CONFIDENTIAL INFORMATION

Due to the nature of real estate and need to verify, screen and vet Tenants, Landlords and Co-Managers may request Personal Information during the leasing process.  Users may agree to any terms they deem appropriate to the action with respect to confidentiality. Users may refuse or deny to provide some or all confidential information to another User with the understanding it can limit their (a) probability of being selected as Tenant or Co-Manager; (b) use of the Site and Services. Users must follow all Fair Credit Report Act procedures and protect confidential information on documents such as lease applications, background reports and credit checks.

To the extent a User provides Confidential Information to another User either through the Services or another method, the recipient will protect the secrecy of the discloser’s Confidential Information with the same degree of care as it uses to protect their own Confidential Information.  Users that receive confidential information must store, protect and delete as applicable by law.  You may provide a written request to another User to destroy or return the disclosing Confidential Information and any copies thereof contained and the other party(s) must oblige.

A feature of our Services allows Landlords and Co-Managers to share access to important documents for a rental property, such as Lease Agreements, applications and screening reports.  Tenants acknowledge and agree to allow both Landlord and Co-Manager access to that information.  The Tenant may provide a written request to Users to (a) not allow a specific User have access to their documents; (b) not upload any documents containing Confidential Information to the Site or Services; (c) request removal of documents containing Confidential Information from the Site or Service; (d) request their Background Screening Reports not be shared between Landlord and/or Co-Manager but only the party that ordered the report.

 

4.  WORKER CLASSIFICATION

Since Co-Managers use Burbz to find leads and perform tasks, Section 4 discusses what you agree to concerning whether a Co-Manager is an employee, agent or independent contractor in relation to Burbz and Landlords.

4.1  WORKER CLASSIFICATION

Co-Managers are independent contractors.  Nothing in this Agreement or Terms of Service is intended to or should be construed to create agency, partnership, joint venture, or employer-employee relationship between Burbz, a User, a Property, or a business entity.  Landlord is solely responsible for and has complete discretion with regard to selection and hiring of any Co-Manager for any Property.

Landlord warrants its decisions to hire Co-Manager as an independent contractor and its manner of engaging Co-Managers complies with applicable laws, regulations, and rules.  Burbz does not assign Co-Managers to Landlords or Property’s.

If a Landlord chooses to hire the Co-Manager as other than an independent contractor or adds them as a member of any joint venture or business entity, that worker classification and agreement must be handled off the Site and Services.   Burbz will have no input into, or involvement in, worker classification as between Landlord and Co-Manager.  All parties and Users involved in the worker classification agree that Burbz has no involvement in and will have no liability arising from or relating to the classification of a Co-Manager generally or with regard to a particular Property or business entity.

You further acknowledge, agree, and understand that: (i) you are not an employee of Burbz, and you are not eligible for any of the rights or benefits of employment (including unemployment and/or workers compensation insurance, paid time off, overtime pay); (ii) Burbz is not liable or obligated under any Service Agreements and/or Co-Managements Services for any acts or omissions by you or other Users, (iii) Burbz does not, in any way, monitor, direct, control or supervise any Co-Manager or Co-Management Services and we make no guarantee of quality standards of any Co-Management Service; we do not dictate to Co-Managers the methods, processes or performance for any Co-Management Service performed; (iv) Co-Manager is free to decide when and if to perform any Co-Management Services the Landlord hired them for, including the days or time periods to perform any Co-Management Services; (v) Co-Manager are solely responsible for determining any nature and amount of compensation charged by or paid to Co-Manager for Co-Management Services for every Property; (iv) Co-Manager will be paid when rent transactions occur or at such times and amounts agreed with a Landlord for Co-Management Services or additional services, and Burbz does not, in away way, provide or guarantee regular payment, regular salary or any minimum to Co-Manager; (vii) Burbz may provide templates, guides, tools, trainings as an offering to improve quality of performance but that does not necessitate employment and to be used at users liability, Burbz will not have any liability or obligations for any acts or omissions if used by Co-Manager or Landlord, (viii) Burbz does not provide any equipment, tools, labor or materials related to perform any Service Agreement; (ix) Burbz does not provide the premises or transportation for which Co-Managers will perform the work; (x)  unless otherwise agreed with the Landlord, Co-Managers may use subcontractors to perform for maintenance repairs or preventative maintenance  but not for any Co-Management Services and any subcontractors used are the sole responsibility and discretion of the Co-Manager, Burbz will not have any liability or obligations for any acts or omissions of a subcontractor.  If a Co-Manager uses subcontractors, Co-Manager further agrees and acknowledges that this Section applies to Burbz’s relationship, if any, with Co-Manager’s subcontractors and employees as well and Co-Manager is solely responsible for Co-Manager’s subcontractors and employees.

 

5.  BURBZ SERVICES

Burbz platform and site offers multiple services for Users to assist in their rental’s management.  This section explains those features as well as any information collected, permissions and limitations.

5.1  Property Profile and Listing

Upon registration, a Landlord and/or Co-Manager may add a rental unit, and if desired, create a rental listing containing information about the property, such as property nickname, dwelling type, address, amenities, rent amount, security deposits, photos and other useful information (collectively, the “Unit Information”).  All Unit Information posted for public use must be accurate.  Users are limited to one listing per property, and one per unit of a multi-family property.  After a property profile has been created, Landlord and/or Co-Manager can invite Tenant(s) and utilize Services for collecting rent and managing property.

All listings cannot contain links to, content, or access to another website or application, and any type of URL redirection or forwarding is prohibited.  User may choose to use the Service to syndicate and share the Unit Information to third-party rental listing sources (such as Zillow, Facebook Marketplace).

Landlord and Co-Manager represents and warrants that you have accepted the Burbz Fair Housing Policy and are in compliance with all applicable federal and state laws in the process of evaluating prospective tenants.  You represent and warrant that all information provided on the Service, including, without limitation, Unit Information is true and accurate and does not violate any federal state, local, or international or regulations.

 

5.2  Background Reports

Landlord and Co-Manager may request, order and view credit reports for prospective tenants using the Site, the Service, or any of its Affiliates containing certain consumer credit data from TransUnion Rental Screening Solutions, Inc. (“TransUnion”) and RentPrep, Inc (“RentPrep”), to be delivered through the Burbz platform and the Services.  All Users (Landlord, Co-Manager, Tenant) agree to the additional terms and conditions as required by TransUnion and RentPrep and must also acknowledge and agree to by Landlord and/or Co-Manager before any Services will be delivered.  If any reports are intended to be shared between Landlord and Co-Manager, you must receive the Tenants acknowledgement and approval prior to sharing.

When you request or view a credit report, you represent and warrant that: (a) you have never been involved, and will not become involved, in any credit fraud or other unethical business practice and that you will immediately stop using any of the Service available and notify Burbz by email at support@theburbz.com subject “My Credit Fraud Involvement”; (b) your request and use of any credit report obtained through the Service is lawful and solely for the purpose of evaluating a prospective tenant’s rental application; (c) you will follow all Fair Credit Report Act laws and not provide a copy of any report acquired through the Site, the Services or affiliates, or any information gathered from such report, to any other party without the permission of the Tenant.

As a Tenant, you will be required to provide personal information and authorize the Landlord and/or Co-Manager and Burbz to access your Credit Report, Credit Score and any Nationwide Criminal History Check (the “Background Check”).  During the process, you will receive an email or link on the Site that will redirect you to a third-party service provider’s site to complete and authorize the Background Check.  You acknowledge and agree that Burbz has no control over the contents you provide on the third-party site or resources, and that Burbz accepts no responsibility for them or for any damage or losses that may arise from using their site.  Upon completion of the Background Check, the credit report will be available on the Site for Landlord and/or Co-Manager to view, via a secure API.

Landlord and Co-Manager represents and warrants that you have accepted the Burbz Fair Housing Policy and are in compliance with all applicable federal and state laws in the process of evaluating prospective tenants.  Tenant represents and warrants that all information provided on the Background Check information is true and accurate and does not violate any federal, state, local or international law or regulations.  Burbz is not a credit bureau and does not control the contents of Background Checks and other content for screening applicants through the Service.  Whether correct or incorrect, Burbz is not responsible for the content in any credit report or background check as these reports can contain information that is incorrect, incomplete or not up to date.  You are encouraged to use credit reports in your evaluation process but these reports are not a substitute for carefully reviewing, vetting and independently verifying all information through a rental application, interview or other report.  Tenants that believe information in their Background Checks are inaccurate or incomplete have the right to dispute the report with the appropriate third party vendor that provided the report.

 

5.3  Legal Agreements and Notices

Landlord and/or Co-Manager may use the Services to generate a Lease Agreement or other agreements and notices from a set of options provided on the Site through a third-party provider.    Each User represent and warrant you have the legal permission, right, power and authority to originate, enter and/or execute an agreement.  Landlord and/or Co-Manager represent and warrant the information entered into an agreement, notice, or other document is accurate and true information.  Any disputes between Users with respects to any legal documents purchased through the Services must be resolved outside of the Site and the Services.  Burbz does not have control of or assume any liability for actions of the Users on the User, including, but not limited to the content of any agreements, notices or legal documents. You acknowledge and agree that Burbz has no control over the contents you provide on the third-party site or resources, and that Burbz accepts no responsibility for them or for any damage or losses that may arise from using their site.

 

5.4  Move-In and Move-Out Checklist

Users may opt to use the Optional Move-In and Move-Out Checklist (“Move Checklist”) that Burbz has provided under Resources section of the Site.  As a free resource, Burbz has provided a template for a move-in and move-out checklist between Landlord and Tenant.  This Option Agreement is provided as a sample only and we make no promises, guarantees it is appropriate for all jurisdictions or all contracts.  Users can utilize the Move Checklist in whole or in part, in addition to or instead of other similar agreements. Users acknowledge and agree they are responsible for complying with any local requirements, including applicable laws, rules, and regulations. Burbz does not assume any responsibility for any consequence of using the Move Checklist. The Move Checklist are not intended to and do not (a) constitute legal advice, (b) create an attorney-client relationship, or (c) constitute advertising or a solicitation of any type. Each rental property is unique, specific and vary by situation and jurisdiction therefore you are encouraged to seek legal advice from a licensed attorney in the relevant jurisdictions.  Burbz expressly disclaims any and all liability with respect to actions or omissions based on the Move Checklist.

 

5.5  Online ACH Payments

Users can use the Services to send and receive payments from another User, such as (a) Tenant paying Landlord for rent, late fees, pet rent, security and pet deposits, other fees and payments;, (b) Landlord paying Tenant for reimbursements, discounts, credits, returning of security and pet deposits, or other forms of payments; (c) Landlord to Co-Manager for monthly management fees, reimbursements, leasing bonuses, additional services performed or other forms of payments; (d) Co-Manager paying Landlord for reimbursements, refunds, discounts, credits or other forms of payments.  When you use the Services to pay another User, for any reason, you acknowledge and agree to allow Burbz to communicate with you electronically any important information regarding the payment, received or sent, or your account.

Available Funds:  You acknowledge and agree when you make a payment using the Service to have the funds in your account prior to sending funds to another User.

Third Party:  We use a third-party provider for ACH payments, Stripe Connect (“Stripe”).  You acknowledge and agree you will be subjected to Stripe’s terms of service.  Stripe is free to update their terms of service from time to time.  During the payment process, you acknowledge and agree that Stripe may collect personal information and banking information, and that Burbz is not responsible for their use of that information.  

Auto-Rent Payments:  You may authorize Burbz to make automatic payments using the Service.  Any automatic payments will remain in effect until you cancel the automatic payments.  You acknowledge and agree that Burbz is not responsible for providing payments on time to avoid any type of late fee or penalty.

Co-Manager Fees & Burbz Fee:  Landlord will receive the full rent payment and the transaction will properly be added to your accounting statements, the Co-Manager Fees and Burbz Fee will be automatically deducted on the same transaction.  The Co-Manager Fee and Burbz Fee will appear as two separate expense transactions on your accounting statements.  You acknowledge and agree to allow the Service to automatically split your rent payments received to pay Co-Manager Fees and Burbz Fees when applicable.

Connect Bank for ACH Services:  If User would like to accept or make online payments via ACH, you must accept and agree to the ACH agreement on the Service.  All Users in a transaction must have their bank properly connected to send or receive payments.  During the connection process, you will provide bank information to connect your bank.  Once connected, Burbz or Stripe needs to verify the account and connect by depositing a small amount (typically between $0.01 – $0.20) to the User’s account and you may have to login to the Site or banking website to confirm the amount deposited to verify ACH is properly set-up and connected.

One-Time Payments:  You may make payments via ACH on a one-time basis.  You represent and warrant that all the payment amounts and information entered are accurate and true and payment will be made on time, and do not hold Burbz responsible for any incorrect payments or missed timelines that result in a penalty fee.  A typical ACH payment may take up to four (4) days for the payee to receive the payment.  For a payment to be considered paid on time, you must initiate the ACH payment prior to 2:00 pm CST on the date payment is due, and your bank account must have the funds so the payment is not rejected for non-sufficient funds (“NSF).  You are encouraged to plan accordingly to assure the payment is received on-time to avoid penalties.

Required Account Types:  If you collect, accept and hold security deposits and rent payments via the ACH payment feature, you must follow all applicable laws and regulations to what type of bank account is required and if security deposits must be held in a separate account and/or interest bearing.  You may be required by law to keep rent payments and deposits in separate accounts.  You represent and warrant that you will utilize the correct account type for the payment type, and acknowledge and agree Burbz is not responsible for verifying the account type and not liable for any fees, penalties or damages.

Failed or Rejected Payments:  If you initiate a payment using the Service and it does not successfully complete, the payee may seek payment from you via or outside the Service, and apply any penalties for missed due date.  If a payment is rejected due to NSF, Burbz will be notified within three (3) business days, and will immediately notify the Landlord and Co-Manager of the rejection and the NSF fee within (1) business day of our electronic notification of the rejected payment.  The payer User will be responsible to confirm sufficient funds are available in the account and intimate a new ACH transaction, and pay Burbz the NSF fee.  You and the payee may agree on another method for payment other than our Services, however you will still be responsible for paying the NSF fee.  Any late fees or penalties determined by the payee will be the responsibility of the payee, payer is required to pay the NSF fee, and any late fees or penalties on or before the initiation of any new ACH transaction through the Service.  If payer has sixty (60) days after notification to pay for the NSF fee, if payment is not received then you authorize Burbz to charge any credit card on file for the amount of the NSF fee.  If the payee does not have a current credit card on file, the payer authorizes Burbz to charge their credit card for the full amount of the NSF fee.

Suspicious Activities or Concerns:  You agree to use ACH payment features on the Service only in legal uses.  If at any time Burbz finds or has reason to doubt the legitimacy of your account or payments, you agree that we can intervene and seize any and all funds until any and all doubts have been verified and settled.  If we suspect your account or account paying to be fraudulent, you agree that Burbz may seize all funds and hold them until the property authorities or owners have been contacted and funds returned.

BURBZ IS NOT A COLLECTION COMPANY AND IN NO WAY GUARANTEES PAYMENT BY ANOTHER USER.  YOU ACKNOWLEDGE AND AGREE BURBZ WILL NOT INHERIT THE RISK ASSUMED BY ANY PARTY IN RELATION TO ANY TRANSACTION PERFORMED THROUGH THE SERVICE.

 

5.6  Maintenance Requests

Any User may submit a maintenance request / ticket for a property they are assigned, invited to, or own on the Site through an online form that describes the issue and may upload photos.  Landlords and Co-Managers may view and manage these requests on the Site and will both receive electronic notification simultaneously for new requests or change of status.  The Landlord and/or Co-Manager may choose to share the maintenance request to an outside vendor or contractor.  The maintenance request does contain the Tenant’s preferred schedule for time and day, as well as contact information, and may require the Tenant’s approval to share their contact information with any outside contractors.

Burbz does not warrant the accuracy, completeness, time of completeness, or usefulness of the information provided on the maintenance request.  Burbz is not responsible for third-party contractors hired by any User for maintenance or their performance, accuracy or cost. You acknowledge and agree all liability and responsibility arising from the maintenance request belongs to the Landlord and/or Co-Manager, and Burbz is not responsible or liable for any of the actions or omissions from the contents of the request or work of a contractor.

 

5.7  Property Records

Burbz provides a basic accounting report for individual properties and general portfolio for Landlords.  Co-Managers are provided a general portfolio of all the properties they are assigned to by a Landlord.  The purpose of the accounting report is to track all payments and transactions that occurred through the Service, such as rent payments, Co-Manager Fees, and any transactions manually added by Landlord or Co-Manager.  Typical manual transactions include Income and Expense items, such as Cash payments, laundry income, plumbing expense, electrical expense and many other types.

These account reports are solely for general information purposes.  The Site or the Services are not accounting software and we do not warrant the accuracy, completeness, or usefulness of this information.  You are encouraged to use the Services or other accounting software to track all income and expenses.  You acknowledge and agree Burbz is not liable or responsible for any inaccuracies of the information or any actions or omissions from the use of the information.

 

5.8  Property Documents

For Landlord’s and Co-Manager’s, you may upload important and relatable documents to any Property you have access to.  The intent is to share and access information between Users.  You represent and warrant that any documents or information upload to Property’s Documents you have legal permission, rights, and authority to share with another individual as it may contain Personal Information of applicants or Tenants. Co-Managers agree to delete any downloaded documents and records after being unassigned or terminated, and Burbz is not responsible and liable for any penalties that result from you maintaining or keeping records without legal authority or permission.

For Tenant’s, you may upload documents you wish to share with the Landlord and Co-Manager, such as a copy of your Renters Insurance.  You acknowledge and agree that any documents upload may be viewed and shared with the Landlord and Co-Managers.

Users represent and warrant the accuracy and truthfulness of any documents or records upload to Property Documents, and will not hold Burbz responsible for any actions or omissions due to Users accessing, sharing or using the documents you uploaded.

 

5.9  Distribution of Listings to Third Party Websites

Landlord and Co-Managers are allowed to utilize the Services to create a rental listing that syndicates to third-party sites for rental listings.  Users control when a property listing syndication is activated or deactivated on the Property Profile.  You acknowledge and agree that any content posted on the Service that: (a) does not give you ownership of any intellectual property rights of the Services or content, (b) you own if it is unique content that is not copied from someone else, and you grant Burbz a license to copy, host, display, publish, publicly perform, display, distribute, and other make use of the content to perform the Service; (c) you own the copyrights to post or received legal permission from the owner of the content to use;  (d)  you give permission to Burbz to remove any listings and syndications if we deem it violates our Terms of Service or any applicable laws or regulations;  (e) you agree to  any third-party sites terms of services and privacy policy for syndicating your rental listing on and give Burbz your permission to share the content and grant sublicenses to applicable third party sites to perform the syndication.

As a Landlord with an assigned Co-Manager, you: (a) acknowledge and agree that the Co-Manager has access to and may edit the rental listing; (b) acknowledge and agree to give permission to the Co-Manager to write the entire or parts of your rental listing, applicable to their legal licensing limitations and regulations; (c) represent and warrant any information the Co-Manager creates on the rental listing has been reviewed and approved by you prior to publicly sharing; (d) give permission to allow the Co-Manager to activate or deactivate any rental listings.

As a Co-Manager assigned to a Property by a Landlord, you (a) acknowledge and agree that the Landlord has ultimate authority to make edits and/or approve any content created on a rental listing; (b) represent and warrant that you have the legal authority and licensing to provide all or any part of this service; (c) represent and warrant any information you create is accurate and true, and meets all applicable laws and regulations, including Fair Housing descriptions; (d) you requested and received permission from the Landlord to activate or deactivate any rental listings at any period of time.

 

5.10  Insurance

We do not provide liability insurance protections for Landlords, Co-Managers, Tenants or Properties.  We may offer insurance through a third-party affiliate, you acknowledge and agree that you are solely responsible for obtaining insurance coverage sufficient to protect you, the property and/or belongings.

Property Insurance

There is no requirement to use the Site or Services for a Landlord to acquire and/or provide proof of insurance for the rental property.  You represent and warrant there is insurance coverage sufficient to cover any damages to the rental property.  Co-Managers may request the Landlord to add them as an additional insurer on the rental insurance, this decision is the Landlords and you are responsible and warrant any permission to add another individual to the property insurance.

Professional Insurance

There is no requirement to use the Site or Services for a Co-Manager to acquire and/or provide proof of insurance to use the Site and Services as a Co-Manager.  You represent and warrant there is sufficient insurance coverage for any professional errors or omissions that may result from illegal services, regulation enfractions, or any other action or event that makes a Co-Manager liable.  You acknowledge and agree to not hold Burbz responsible or liable for any actions you performed.

Renters Insurance

There is no requirement for a Tenant to acquire insurance protection for a Tenant’s personal belongings and/or damage to the rental property (“Renters Insurance”).  Burbz partners with Sure Insurance as a third-party provider to offer Renters Insurance, any Users that purchase insurance through our third-party provider or another insurance company is responsible and warrants they will assess and request insurance coverage sufficient to protect your personal belongings and property.  Burbz is not involved in the decision making process and we are not responsible for obtaining insurance coverage.

Your Lease Agreement may require Renters Insurance and state a minimal coverage.  Burbz is not a party to the Lease Agreement and you acknowledge and agree that Burbz will not be responsible for confirming insurance acquisition or coverage.

Tenants may upload a copy of their Renters Insurance to Burbz that will be shared and accessible to the Landlord and Co-Manager.  You acknowledge and agree to allow us to share that document with the Landlord and Co-Manager, as it may contain personal information.

 

5.11  Service Availabilities

As a company, we are always striving to upgrade and improve existing features as well as develop, launch and test new features that provide benefits to our users.  Burbz has the right and authority to remove, amend, or add to the Site and the Services function or materials that we provide on this Site, in our sole discretion without notice.  While we do our best to keep the Site and Services running, we make no promise and will not be liable if for any reason all or any part of the Site and/or Services are unavailable for any period of time.  We have the right to restrict access to any User, registered and non-registered, and to certain parts of the Site and Service.

 

6.  BURBZ FEES

Section 6 describes what fees you agree to pay to Burbz in exchange for Burbz providing the Site and Site Services to you, what taxes Burbz may collect, our cancellation process and our lack of a ‘Finders Fee’.

6.1  FEES FOR CO-MANAGEMENT

Landlord will pay Burbz a fee for payment processing and administration related to the Site Services for co-management, co-access of the Site with a Co-Manager.  Burbz will charge the Landlord a $10.00 convenience fee per rent transaction (“Co-Management Fee”) for every property with an assigned Co-Manager.  Co-Management Fee will be processed after the Co-Manager Fees and be added as an expense to the Property accounting report.

 

6.2  TENANT BACKGROUND CHECK

Burbz may charge the Landlord or Tenant a fee for each Background Check initiated on the Site Service.  Landlord and/or Co-Manager may decide which User pays for the final report.

 

6.3  TENANT ACH TRANSACTIONS

Burbz may charge the Landlord or Tenant a $2.50 convenience fee per transaction on any ACH payment by the Tenant on the Site or Site Services.

 

6.4  UNAUTHORIZED TRANSACTIONS

Since Users make payments, there is a chance that the User’s transaction cannot be completed for numerous reasons.  As a result, there may be unauthorized transactions that: (a) are delayed or cancelled due to non-sufficient funds, returned checks, chargebacks, claims, reversals or any unforeseeable unsuccessful transaction; (b) result in a fee, such as WSUPP retrieval fee, excessive returns fees, recall fees, early funding fees, account maintenance fees, or any unforeseeable fees associated with transactions.  You acknowledge and agree that Burbz is not responsible for any loss incurred as a result of these unsuccessful transactions and fees.

When appropriate, Burbz will pass on any fees to the payer of the transaction (“Payer”), such as Tenant during a rent payment, Landlord during a Co-Manager reimbursement transaction, Landlord during a security deposit return to Tenant,  and other transaction types between two Users.  We reserve the right to seek reimbursement from the intended payee of the transaction in question (“Payee”), and the Payee will reimburse Burbz, if Burbz discovers a fraudulent transaction, erroneous or duplicate transaction or if we receive a chargeback or reversal from any bank, financial institution, or credit card company for any reason.  You acknowledge and agree to our right to investigate any and all transactions for fraud.  You agree to cooperate with any investigation efforts for fraud, including any reasonable requested made by Burbz or a third-party service provider.  The Payee agrees that Burbz has the sole discretion and right to obtain such reimbursements by: (a) charging the Payee’s account; (b) deducting the sum of reimbursement amounts from future transactions and transfers; (c) charging the Payee’s credit card or other connected bank/financial institution associated with your account; (d) obtaining by any other lawful means and methods, such as a third party collection agency.  You acknowledge and agree that failure to pay Burbz, or a third-party provider, for reimbursements of a chargeback or reversal of payment is a violation of the Terms of Service and Burbz, at our sole discretion, may terminate the User’s account.

BURBZ IS NOT A COLLECTION COMPANY AND IN NO WAY GUARANTEES PAYMENT BY ANOTHER USER.  YOU ACKNOWLEDGE AND AGREE BURBZ WILL NOT INHERIT THE RISK ASSUMED BY ANY PARTY IN RELATION TO ANY TRANSACTION PERFORMED THROUGH THE SERVICE.

 

6.5  PAYMENT AND TRANSACTION CANCELLATIONS; REFUND POLICY.

When a payment is made through the Service, there are two periods of time for that payment: before remittance, when the payment is still in clearing and has not been sent to the Payee’s account, and after remittance, when the Payee’s account received payment.  If you believe a payment was improperly made, Burbz may, in our sole discretion, rescind, void, or issue a credit for such payment that was paid through the Service at any time before the remittance to the Payee’s account.  If the Payee has received payment and is after remittance, any disputes that arise is the responsibility of the Payer and rests between the Payer and Payee to resolve.  Any transaction fees that occur through the cancellation may be the Payer’s responsibility but Burbz may, in our sole discretion, issue a credit for such transaction fees.

 

6.6  TAXES

Burbz may be required by applicable law to collect taxes or levies including, without limitation, local sales taxes, rental taxes or withhold income tax for Co-Managers.  Users represent and warrant that all taxes have been properly paid and filled.

 

6.7  NO FEES FOR INTRODUCING OR FOR FINDING USERS

Burbz does not introduce Landlords to Co-Managers and does not help Co-Managers secure Properties to provide services.  Burbz does not introduce Tenants to Landlords or Co-Managers and does not help Landlords or Co-Managers secure Tenants to lease the Property.  Burbz merely makes the Site and Site Services available to enable Users to do so themselves and may from time to time highlight Users that may be of interest.  Therefore, Burbz does not charge a fee when: (a) a Co-Manager finds a Landlord; (b) a Tenant finds a Property, Landlord or Co-Manager; (c) any other type of transactional relation occurs..

 

7.  PAYMENT TERMS

Section 7 discusses your agreement to pay another User on any executed agreement or service, without involving Burbz.  This includes Lease Agreements and Co-Management Service Agreements.

 

7.1  TENANT RENT PAYMENTS ON LEASE AGREEMENTS

If Tenant is in “default” of their Lease Agreement, meaning the Tenant fails to pay rent to the Landlord or any other amounts when due under a written agreement for payment terms, or Burbz Terms of Service, Burbz will not be responsible for any payments owed, timeliness to avoid any penalties, or any outstanding balances.

 

7.2  LANDLORD RETURNING DEPOSITS AND CREDITS

Landlord, and/or Co-Manager if assigned, is responsible for determining the amount of security deposits (“Security Deposits”) to be returned based on the condition of the property and by all the applicable laws and regulations.  Landlord, Co-Manager and Tenant acknowledge and agree the Site or Site Services are not responsible for: (a) returning deposits within applicable laws and regulations grace period; (b) assessing the amount to withhold from Security Deposits.  Any fees and penalties determined by courts will not penalize Burbz.  If Landlord is in default of not paying or returning Security Deposits according to applicable laws, Burbz may, without notice, temporarily or permanently close Landlord’s Account and revoke Landlord’s access to the Site and Site Services, including Landlord’s authority to use the Site to process any additional payments or obtain any additional Co-Management Services from other Users through the Site.  Landlord agree to be responsible for any penalties as a result of the default.

 

7.3  CO-MANAGER FEES ON SERVICE AGREEMENTS

Landlord is responsible for entering the rates into Management Terms and warrants the information entered is accurate and true.  Co-Manager is responsible for confirming all Management Terms are entered and correct prior to start of service.  Landlord and Co-Manager acknowledge and agree that Burbz is not liable or responsible for any rates entered, or its accuracy, in the Management Terms, and you agree to handle any disputes and resolutions between Users.  If Landlord owes Co-Manager reimbursement, bonuses or miscellaneous fees for additional services rendered, Co-Manager must address the issue with Landlord, Burbz will not participate in the resolution or dispute. If Landlord is in default of not paying reimbursements, bonuses or fees that are owed to Co-Manager, Burbz may, at our sole discretion and without notice, temporarily or permanently close Landlord’s Account and revoke Landlord’s access to the Site and Site Services, including Landlord’s authority to use the Site to process any additional payments or obtain any additional Co-Management Services from other Users through the Site.  Landlord will remain responsible for any penalties as a result of the default.

 

7.4  BROKER FEES AND PAYMENTS

If Co-Manager is licensed and holds their license under a licensed Broker as an Agent, the Co-Manager must follow all agreements held through the Broker for payments and commissions.  The Site and the Service may only send payments to the bank account the Co-Manager has connected to their profile.  Any commission splits are determined, agreed and enforced by the Broker.  Burbz has no involvement in determining or enforcing payments between the Co-Manager/Agent and Broker.  As an Agent, you represent and warrant you received legal permission from your Broker and both the Agent and Broker agree not to hold Burbz liable or responsible.

 

7.5  PAYMENT METHODS

Certain Services on the Site require you to provide account and bank information for at least one valid Payment Method, such as ACH or credit card payments.  You may choose the method of payment and agree to any transaction fees that may result from that method of payment.  Burbz is not responsible and liable for the timeliness of payments, and you acknowledge and agree you determine the payment dates.  As the Payee, you acknowledge and agree the Payer has the right to choose the Payment Method.  For Co-Manager Fees, you acknowledge and agree to utilize the Payment Method that the rent payment was sent through and may be on the same transaction that automatically splits the payment amount among the Landlord, Co-Manager and Burbz.  You hereby authorize Burbz or our third-party vendors, as applicable, to run card authorizations on all debit or credit cards provided by you, to store all card information and banking / financial institution details as your method of payment for future use.


7.6  U.S. DOLLAR AND FOREIGN CURRENCY EXCHANGE

Burbz and the Site Services operate in the U.S. and use the United States Dollar (“USD”)  as our default currency.  If a User’s Payment Method is denominated in a currency other than USD and requires currency conversion to make or receive payments in USD, the Site makes no promise to convert currency.  Burbz currently does not make available to convert supported foreign currencies to USD.  You are responsible for exchanging any payments prior to the use of Burbz and any fees or charges that result from the exchange.

Burbz and the User’s Payment Method provider may also charge fees directly to the Payment Method even when no currency conversion is involved.  You acknowledge and agree that Burbz or our vendors are not responsible for currency fluctuations that occur when billing or crediting, receiving or sending payment a Payment Method denominated in a currency other than USD..

 

8.  NON-CIRCUMVENTION

Section 8 discusses your agreement to perform all tasks on Burbz and receive payments only through Burbz for three years from the date you first identity or meet your Landlord or Co-Manager on Burbz.

8.1  CO-MANAGEMENT THROUGH BURBZ

You acknowledge and agree that a substantial portion of the revenue Burbz generates for making the Site and Services available to you is through the Co-Management Fees we collected from every rent transaction, review Section 6.1 Fee For Co-Managements for additional information, and that in exchange a substantial value to you is: (a) the ability to share access (“Co-Access”) data for a rental property; (b) the ability for Burbz to split rent transactions between Landlord and Co-Manager; (c) the ability to pay the other User, Landlord or Co-Manager; (d) to identify and find another User for Co-Management through the Site or Services.  You acknowledge and agree that Burbz only receives the Co-Management Fee when a Tenant pays rent through the Site.  Therefore, you agree to use the Site as your exclusive method as a Co-Manager and Landlord to request, make and receive all payments for rent and any additional Co-Management Services rendered or reimbursements.

By way of illustration and not im limitation of the foregoing, you agree not to: (a) offer or solicit or accept any offer or proposal request or solicitation from parties identified through the Site to contract, hire, pay or receive rent payments or management payments or leasing payments or other payments in any manner other than through the Site; (b) refer a Landlord you identified on the Site to a third-party who is not a Landlord of the Site for purposes of co-management services or property management services or leasing services; (c) solicit or accept any proposal request and utilize another platform for property management or leasing; (d) collect rent payments or pay reimbursements through another payment method in any manner other than through the Site; (e) attempt to remove Landlord from the Site to another platform or application or method for managing rental properties.

You agree to notify Burbz immediately if a Co-Manager suggests utilizing a different site or platform to manage rental property, collect rent or pay Co-Manager Fees or any type of fee for property management or leasing services.  If you are aware of a breach or potential breach of this non-circumvention agreement with a Landlord or Co-Manager, please submit a confidential report to Burbz at support@theburbz.com subject “Non-Circumvention Breach”.  You acknowledge and agree that a violation of any provision in this Section 8.1 is a material breach of the Terms of Service.  You acknowledge and agree that Burbz has the right to permanently suspend, block or withhold access to your account, profile and co-managed properties if you violate this Section 8.1  Landlords will retain property and records data for applicable laws, Co-Managers may lose access to property and records data.  If you refuse to accept any revisions to the Terms of Service or elect not to comply with all or any conditions of using the Site, and therefore choose to stop using the Site, you may stop using the Site and Site Services at any time but lose access to Landlord’s and any assigned Property data.

 

8.2  COMMUNICATING WITH OTHER USERS

Co-Managers that create a marketplace profile for soliciting Landlords may provide their contact information.  You agree that prior to entering into a Service Agreement, you (a) will use Burbz as the sole manner to Co-Manage; (b) offer services you are legally and licensed to perform; (c) will not share the Landlord’s contact information, add Landlord to any type of email marketing list, will not solicit future services and give Users an opportunity to remove their information from your database, records and address book; (d) will not circumvent the communication process by researching and attempting to discover the Landlord’s contact information, the Landlord must make the first attempt at communication after receiving your proposal.  Co-Manager is allowed to contact the Landlord after the Landlord has provided their contact information and given permission.  Co-Manager may contact the Tenant as applicable by law and within the services and limitations determined and set by the Landlord.

Landlords that create a Proposal Request on the Site and Site Services acknowledge the requirement to provide contact information.  Burbz will not provide Landlord contact information to any Co-Manager.  The Landlord acknowledges and agrees when the Landlord contacts a Co-Manager by any method, you are sharing your personal contact with the Co-Manager and that Co-Manager may contact you in the future.

All Users acknowledge and agree to communicate with other Users only in a professional manner and avoid any unsolicited or harassing communication, and you agree that Burbz is not responsible or liable for any manner or communication from another User.  You acknowledge and agree that a violation of any provision of this Section 8.2 is a material breach of the Terms of Service.  At our sole discretion, Burbz may permanently suspend your Account if you violate this Section 8.2.

 

9.  USER CONTENT

Section 9 describes what User Content is and our rights for the different kinds of content you create on the Site.  We use User Content on rental listings, proposal requests, co-manager profiles, blogs and other places.

9.1  USER CONTENT

You acknowledge and agree you are solely responsible for any written or electronic communications that you create or submit by or through the Sites, such as any accounting information, rental listing descriptions, writings, copyrightable subject matter, graphical images, text or other content (collectively, “User Content”).  Burbz may, at our sole discretion, refuse to to post, edit or may delete any User Content for any reason and for violating the Terms of Service or that which we deem offensive, illegal or violates the rights of any User, person or entity, or harms or threatens the safety of any person or entity.

You represent and warrant that all User Content you created or submitted is true and accurate and that you received permission from the content’s owner to share, post or transmit any content that is not your property or rights.  Burbz is not responsible and liable for any content that was created and submitted by you and you agree to indemnify Burbz for any liability arising from your actions or User Content posted on or through the Site and the Services, as well as any material or information that you share to other Users of the Site.

The content you create is owned by the User, subject to copyrights, and you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable right and license to publicly share, display, rent, distribute or sell your User Content.  You represent and warrant that you have all the rights and legal authority to grant these rights and licenses, and your User Content does not violate any law, copyrights, publicity rights, contract rights, privacy rights or other rights.

For the entirety of this Section 9 User Content, you agree to indemnify, defend and hold harmless the Site, our affiliates, our partners and our Users against any claim, demand or cause of action asserted that your User Content violates any laws or rights or was inaccurate or misleading and did not properly represent the information presented.

 

9.2  PROPERTY LISTINGS

The Landlord and Co-Manager may add or edit a property listing that describes the rental property to prospective tenants (“Property Listing).  You represent and and warrant that the information in the Property Listing: (a) meets all Fair Housing laws and regulations and meets Burbz Fair Housing requirements; (b) does not discriminate against any protected class: race, gender, sex, familial status, disability, religion, etc.; (c) received the Landlord’s review and approval prior to publicly sharing; (d) may be listed on third-party sites when the listing is activated; (e) is accurate and true to the rental property; (f) is up to date on information, such as rent rates, availabilities, amenities, or other useful information for prospective tenants.

You acknowledge and agree that it is not Burbz duty and we do not pre-screen any User Content prior to activating the listing to be shared publicly, and that Burbz is not responsible for the accuracy or legality of the Property Listing.

 

9.3  REVIEWS

We may allow Users to share their experience and insights in regards to their interactions with another User (“Reviews”).  You agree to allow other Users to provide Reviews about you and your services, interactions, or experiences and for these Reviews to be shared publicly with other Users on the Site and on other websites.

Upon review of a Review about you, you may contact Burbz to dispute a Review by emailing support@theburbz.com with the subject “Refute Review”.  You acknowledge and agree that Burbz may, at our sole discretion, make edits, modifications, deletions or refuse any of such.  Burbz will request User to edit or delete any Reviews with cussing and offensive language, inaccurate or false information, illegal, or any other content that Burbz may deem inappropriate or offensive.

 

9.4  PHOTOGRAPHS

You may upload and share photographs on the Service for Maintenance Tickets, Property Profile, Rental Listings or to Property/Documents.  Burbz is not responsible or liable for the accuracy of information, protection of intellectual property rights, or required to review and approve any photograph.  You represent and warrant that you: (a) own the intellectual property rights of a photograph; (b) received permission and consent from any adult and their likeness included in the photograph; (c) took photographs that are accurate and truly depicts the condition of a rental property and has not been altered to mislead any viewer of the material or information; (d) have not violated any Fair Housing laws and regulations; (e) received reproduction permission from the owner of the copyright in such material.

Any and all photographs uploaded to Burbz must not(a) contain children and every adult in the photograph must have consented and provided permission to use their likeness or copy rights.  

You acknowledge and agree that Burbz may reproduce any photographs, in whole or parts, supplied by you for promotion use on the Site or off the Site.

 

9.5  HYPERTEXT

You agree that Burbz, at our sole discretion, has the right to delete, remove, edit or refuse any hypertext links to, or addresses of, other websites from your Public Profile, Rental Listings, blogs or any other content you created.  Burbz does not allow ‘Do-Follow’ links and may set any and all links to No-Follow status for search engine optimization.

 

9.6  APPEARANCE IN SEARCH RESULTS

The Site and Services provide a feature that allows Users to search for specific results and listings, listings such as a Landlord searching for Co-Managers, Co-Managers searching for Proposal Request.  We provide this search capability as a benefit to Users to help identity and source their needs based on keywords, locations, date and other criteria.

Burbz does not guarantee your listing will appear in any specific order on the search results page or be displayed on the search results at all.  Burbz has sole discretion to determine the order, algorithms or methods used to optimize the results and what information may be searchable.  You acknowledge and agree Burbz has the right to run occasional tests that may alter how we display search results, including your listings information.

 

10.  USER RESPONSIBILITIES

10.1  RESPONSIBILITY FOR PROPERTY, PROFESSIONAL AND TENANT LIABILITIES

Burbz is not responsible or liable for any damages that arise to your property or tenants.  We do not provide any form of liability insurance protection for property, landlords, co-managers or tenants; regardless if offered through the Site or you obtain insurance coverage through our third-party providers.  You represent and warrant that you have purchased sufficient insurance protection for your needs, such as: (a) renters insurance for Tenants, (b) property insurance for Landlords, (c) error and omission insurance or workers comp insurance for Co-Managers.  You acknowledge and agree that you are responsible for determining the amounts of insurance to properly cover your belongings, property and yourself.

Burbz is not responsible for reviewing, confirming, verifying or collecting any form of insurance that is required in an agreement between Users, such as Lease Agreements or Service Agreements.  You are responsible for confirming the other User has proper insurance coverage per the terms of any and all agreements between Users.  You agree to provide us with copies of relevant proof of coverage upon request.

 

10.2  USER CONDUCT

You acknowledge that Burbz has created a marketplace and clearinghouse where potential landlords, co-managers and tenants may search, view and post information related to rental property(ies), co-management services offered or seeking, find tenants for rental property(ies), contact and communicate with each party to manage a rental property or enter into agreements, and allow various activities to manage a rental property property, such as facilitate or collect rent payments, backgrounding screening reports, maintenance tickets and any other service we provide now and in the future.

You acknowledge and agree to only use the Site and Services for its intended purposes, and Burbz may, in our sole discretion, suspend, terminate, block or delete any account or Services for breaching this Section 10.3 of misusing the Site, Services or conduct policy.

You agree not to use the Site or Services to:

  • Harm, damage, disable, overburden or impair
  • Harass, harm or intimidate another User, whether on the Site or offline
  • Register for more than one account per type per individual or entity
  • Access, use or attempt to use another User’s account or service, regardless if the User gave permission
  • Impersonate any person or entity, misrepresent or falsely state yourself, misrepresent or falsely state any information related to rental properties you own or manage
  • Circumvent or attempt to circumvent the Site or Services for offering any services
  • Harvest or collect Personal Information of other Users, such as emails, name, phone numbers, for the purpose of unsolicited services, emails or communications, or send unsolicited or unauthorized advertising, solicitations and promotional materials such as junk mail, spam, offerings or any other form of solicitation.
  • Use any automated scripts or technology to collection information from other Users
  • Upload, post, transmit, share, store or otherwise make available User Content that we deem to be hateful, fraudulent, vulgar, obscene, harassing, inflammatory, threatening, harmful, unlawful, abusive, infringing, invasive of privacy or publicity rights, or otherwise objectionable
  • Upload, post, transmit, share, store or otherwise make available any video or photograph other than those relating to managing the rental property or advertising rental as available.
  • Upload, post, transmit, share store, or otherwise make publicly available any private information of any third party or User, such as their address, email, phone number, Social Security numbers or banking and financial information.
  • Upload, post, transmit, share, store, or otherwise make available any material that is designed and intended to interrupt, destroy or limit the functionality of the Site or the Services, such as software virus, computer codes, files or programs.
  • Interfering with, disrupting, obstructing, or creating an undue burden on the Site and Services
  • Selling or otherwise transferring your account and services
  • Solicit, attempt to solicit, perform or attempt to perform any services and activities that you are not licensed to perform
  • Violate any Fair Housing laws and any applicable jurisdiction laws.

 

10.3  POSTING REQUIREMENTS AND RESTRICTIONS

You may use the Services to post User Content as you deem fit but you agree to these requirements and restrictions:

GENERAL

  • May not include or contain links to, content from, or any directions to access through another site or service
  • May not include links that redirect or forward the User
  • Photographs may be depictions of floor plans and layouts
  • Photographs cannot contain people, animals, personal information or watermarks
  • Photographs may not be edited
  • Must be Fair Housing compliant and not discriminate against race, color, national origin, religion, sex, familial status, or disability.

RENTAL LISTINGS

  • Clearly indicate the address of the property and unit
  • Only create one (1) listing per property, or unit if it is multifamily.
  • Provide accurate and true information about the rental property

PROPOSAL REQUESTS

  • Must state the ownership of property and/or portfolio accurately and true
  • Clearly indicate the city and zip of the property
  • Only create (1) proposal request per property

CO-MANAGER PROFILE

  • May only list services you have the license and legal ability to perform
  • May include contact information, must include at least one (1) form of contact
  • Photograph may only contain one individual, must clearly identify you
  • May only be one (1) individual offering the service
  • Cannot be an entity

 

10.4  FAIR HOUSING

The Site and Services are substantially associated with real estate and housing activities that allow Users to engage, interact, work or communicate with other Users.  You acknowledge and agree to comply with all Fair Housing Act and other jurisdictions Landlord-Tenant Laws, and do not hold Burbz responsible or liable for any violations due to yours or other Users actions or omissions.  You represent and warrant that you have read and accepted our Fair Housing Policy.

You represent and warrant that all User Content, tenant screening, application rejections and any other management activity is in compliance with federal, state, local or international law or regulation.  You agree to indemnify Burbz, affiliates and our third-party providers against any claims or demands related to any such violation of our Fair Housing Policy, Fair Housing Act or any law that occurred on the Site or off the Site.

 

10.5  LINKS FROM WEBSITE

Throughout the Site and Services are links to other sites and resources provided by third parties or Users in User Content.  Burbz has no control over the contents on any website or resource that is not our own, and we accept no responsibility for any damage or loss that may rise from your clicking of a link or visiting of the site.  Any link that is clicked or website accessed through a link from this Site is at your own risk and subject to the terms and conditions and privacy policy of that site.

 

10.6  RELIANCE ON INFORMATION POSTED

You acknowledge that the Site and Services contain User Content, such as Rental Listings, Proposal Requests and Co-Manager Profiles, and information, such as Rent Roll, accounting reports, and other reports, and that Burbz does not verify the accuracy or identity of any information or User created or posted on the Site.  Any information presented and shared, publicly or privately, on or through the Site are made available solely for general information purpose and that we do not warrant the accuracy, completeness or usefulness of the User Information or any other information.  You acknowledge and agree that any reliance on such information is strictly at your own risk and you are encouraged to verify all information on your own efforts and merit.  You agree Burbz, our affiliates and third party vendors are not responsible or liable for any such materials by you or other Users to the Site.

 

11.  PROHIBITED USES

Throughout the Terms of Service, we have listed prohibited uses and actions.  This Section 11 includes all the previously stated prohibited uses and actions, and you agree not to:

  • Breach any parts of this Terms of Service agreement
  • Violate any applicable federal, state, local or international law or regulation
  • Violate any copyright, patent, trade secret, trademark or intellectual property rights or laws
  • Violate the legal rights of another User or individual that could give arise to any criminal or civil liability
  • Post, share, transmit or disclose another User’s personal information without their express content to do so
  • Provide inaccurate, false or misleading information
  • Harass, threaten, or defamatory other Users and individuals
  • Send or receive fraudulent funds
  • Impersonate any person or entity, or misrepresent your identity or affiliation
  • Engage in any credit card fraud, check fraud, or money launder, which may include providing yourself a cash advance
  • Refuse to cooperate in an investigation from Burbz, our third party provider or government
  • Perform any services you are not licensed or insured to perform
  • Harm, interrupt or attempt to harm or interrupt the Site or Services through any viruses, worms, or computer programs

 

12.  RECORDS OF COMPLIANCE

Section 12 discusses your agreement to make and keep all required records, as detailed below.

Landlords and Co-Managers will be responsible for remaining in compliance of record keeping to applicable laws and jurisdiction, and acknowledge and agree that Burbz is not responsible or liable for storing, reviewing or verifying records are in compliance.  You are encouraged to download and keep a spare record off the Site for back-up purposes.

Users will each: (a) create and maintain records to comply with applicable laws and regulations, including, without limitation, any Lease Agreements, payment transactions, deposits held, deposit refunds, maintenance records and rental applications; (b) create and maintain records to document satisfaction of their obligations for Service Agreements; (c) provide copies of such records to Burbz upon request within 5 business days.

You acknowledge and agree that Burbz is not responsible to review, monitor, submit or track a User’s compliance with applicable laws and regulations, Service Agreements, this Agreement.  You are solely responsible for the storage and backup of your business and real estate records and you acknowledge that Burbz has no responsibility to store, backup, retain or grant access to any information or data.

 

13.  WARRANTY DISCLAIMER

Section 13 discusses your understanding that the Site and Site Services are not guaranteed to always be available or work perfectly, and we cannot warrant or guarantee the quality of Co-Managers services (USER SERVICES), as detailed below.

YOU AGREE YOUR USE OF THE SITE, ITS CONTENT, THE SITE SERVICES OR ANY INFORMATION OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK.  YOU AGREE NOT TO RELY ON THE SITE, ITS CONTENT OR THE SITE SERVICES AS THEY ARE PROVIDED “AS-IS” AND ON AN “AS AVAILABLE” BASIS, AND BURBZ NOR ANY PERSON ASSOCIATED WITH BURBZ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, TO THE COMPLETENESS,

YOU AGREE YOUR USE OF THE SITE, ITS CONTENT, THE SITE SERVICES, USERS SERVICES OR ANY INFORMATION OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK.  YOU AGREE NOT TO RELY ON THE SITE, THE SITE SERVICES, MATERIALS AND ANY INFORMATION ON THE SITE OR THE CONTINUATION OF THE SITE. THE SITE AND THE SITE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. BURBZ MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SITE, THE SITE SERVICES, USER SERVICES USER CONTENT, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT OR THE TERMS OF SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BURBZ DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF COMPLETENESS, SECURITY, RELIABILITY, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, USER LICENSING, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE. SECTION 17 (AGREEMENT TERM AND TERMINATION) STATES USER’S SOLE AND EXCLUSIVE REMEDY AGAINST BURBZ WITH RESPECT TO ANY DEFECTS, NON-CONFORMANCES, OR DISSATISFACTION.

 

14.  LIMITATION OF LIABILITY

Section 14 discusses your agreement that Burbz is not responsible for damages and usually will not have to pay you damages relating to your use of the Site and Site Services and, if it is, at most it will be required to pay you $150, as detailed below.

Burbz is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms of Service or this Agreement, including, but not limited to:

  • laws and regulations violated by another User on the Site or off the Site;
  • violations of Co-Manager performing illegal services;
  • any agreements between Users;
  • any disputes between Users;
  • any injury suffered performing a co-management service;
  • your use of or your inability to use our Site or Site Services;
  • delays or disruptions in our Site or Site Services;
  • viruses or other malicious software obtained by accessing, or linking to, our Site or Site Services;
  • glitches, bugs, errors, or inaccuracies of any kind in our Site or Site Services;
  • damage to your hardware device from the use of the Site or Site Services;
  • the content, actions, or inactions of third parties’ use of the Site or Site Services;
  • a suspension or other action taken with respect to your Account;
  • your reliance on the quality, accuracy, or reliability of Proposal Request postings, Co-Manager Profiles, ratings, recommendations, and feedback (including their content, order, and display), Composite Review, or metrics found on, used on, or made available through the Site; and
  • your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to the Terms of Service.

ADDITIONALLY, IN NO EVENT WILL BURBZ, OUR AFFILIATES, OUR LICENSORS, OR OUR THIRD-PARTY SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, CONSULTANTS OR DIRECTORS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO ANY PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS TO REVENUE, PROFIT, DATA, PRODUCTION, BUSINESS OPPORTUNITIES, OR LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS.  THE LIABILITY OF BURBZ, OUR AFFILIATES, OUR LICENSORS, AND OUR THIRD-PARTY SERVICE PROVIDERS TO ANY USER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE WILL NOT EXCEED THE LESSER OF: (A) $100; OR (B) ANY FEES RETAINED BY BURBZ WITH RESPECT TO SERVICE AGREEMENT ON WHICH USER WAS INVOLVED AS LANDLORD, TENANT OR CO-MANAGER DURING THE SIX-MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. THESE LIMITATIONS WILL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.  

 

15.  RELEASE

Section 15 discusses your agreement not to hold us responsible for any dispute you may have with another User, or for performance of agreements between Users, as detailed below.

In addition to Section 2.1 stating that Burbz is not a party to any contract or agreement between Users, you hereby agree to release, remise and forever discharge Burbz, our Affiliates, and our respective officers, directors, agents, employees, contractors and service providers from any and all manners of claims, demands, rights, damages (actual and consequential), causes of action, proceedings, liabilities, obligations, legal fees, and costs of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User, whether it be at law or in equity that exist as of the time you enter into this agreement. This release includes, for example and without limitation, any disputes regarding the performance, functions and services, and quality of the Co-Management Services provided to Landlord by a Co-Manager and requests for refunds based upon disputes. 

TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) 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.”

This release will not apply to a claim that Burbz failed to meet our obligations under the Terms of Service.

 

16.  INDEMNIFICATION

Section 16 discusses your agreement not to hold Burbz responsible and to pay for any costs or losses we have as a result of a claim brought against us related to your or your Tenant, Landlord or Co-Manager’s  use of the Site or Site Services or your illegal or harmful conduct, as detailed below.

You agree to indemnify, defend, and hold harmless Burbz, our Affiliates, and our respective directors, officers, employees, representatives, contractors and agents (each an “Indemnified Party”) from and against any claims, damages, liabilities, costs, losses, judgments, awards, fees, or expenses, including reasonable attorney’s fees) arising out of or from: (a) the use of the Site and the Services by you or your Co-Management Partner, including any payment obligations or default incurred through use of the Services; (b) any Co-Management Services provided, or otherwise related to your use of the Site Services; (c) any Service Agreement entered into by you or your Co-Management Partner, including, but not limited to, the classification of a Co-Manager as an independent contractor; (d) any Lease Agreement entered into by you or Co-Management Partner; (e) failure to comply with the Terms of Service by you or your Co-Management Partner; (f) failure to comply with applicable law by you or your Co-Management Partner; (g) negligence, willful misconduct, or fraud by you or your Co-Management Partner; and (h) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by you or your Co-Management Partner. For purposes of this Section 12, your “Co-Management Partner” includes any person who has apparent authority to access the Property Profile on the Services, has access to perform any co-management task, the individual who assigned you to the Property Profile to co-manage (the Landlord) or hired to perform co-management services (the Co-Manager).

If you are a resident of California or own property in California, you waive California Civil Code Section 1542, stating: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor”.

 

17.  AGREEMENT TERM AND TERMINATION

Section 17 discusses the agreement between you and Burbz about when and how long this Agreement will last, when and how either party can end this Agreement, and what happens if either of us ends the Agreement, as detailed below.

17.1  TERMINATION

Unless expressly agreed in writing by you and Burbz, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms of Service as well, expect as otherwise provided herein.  You may provide written notice to support@theburbz.com with the subject “Account Termination Notice”.  Upon your request, your right to use the Site and Services is automatically and may be immediately revoked, and your Account will be closed.

Burbz is not a party to any Service Agreements, Lease Agreements, or other such agreements between Users and you understand and acknowledge that termination of this Agreement does not terminate or otherwise impact any Service Agreement, Lease Agreement or other agreements entered between User and that your obligations to those agreements will continue, including, but not limited, to: (a) pay any rent amounts; (b) refund any deposits; (c) pay any fees according to Service Agreements, and (d) follow applicable laws and regulations.

Without limiting Burbz’s other rights or remedies, we may, but are not obligated to, temporarily or indefinitely revoke or limit access to the Site or Services, deny your registration, deny your Proposal Request submission, deny your Co-Manager Profile submission, or permanently revoke your access to the Site and refuse to provide any or all Site Services to you if: (i) you breach the letter or spirit of any terms and conditions of this Agreement or any other provisions of the Terms of Service; (ii) we suspect or become aware that you have provided false or misleading information to us; (iii) we believe, in our sole discretion, that your actions may cause legal liability for you, our Users, or Burbz or our Affiliates; may be contrary to the interests of the Site or the User community; or may involve illicit or illegal activity; or (iv) we are required to by law, legal process, or law enforcement. If your Account is temporarily or permanently closed, you may not use the Site under the same Account or a different Account or re-register under a new Account without Burbz’s prior written consent. If you attempt to use the Site under a different Account, we reserve the right to reclaim available funds in that Account and/or use an available Payment Method to pay for any amounts owed by you to the extent permitted by applicable law.

You acknowledge and agree that the value, reputation, and goodwill of the Site depend on transparency of User’s Account status to all Users, including both yourself and other Users who have entered into Service Agreements, Lease Agreements or other agreements with you. You therefore agree as follows: IF BURBZ DECIDES TO TEMPORARILY OR PERMANENTLY CLOSE YOUR ACCOUNT, BURBZ HAS THE RIGHT WHERE ALLOWED BY LAW BUT NOT THE OBLIGATION TO: (A) NOTIFY OTHER USERS THAT HAVE ENTERED INTO SERVICE AGREEMENTS OR LEASE AGREEMENTS WITH YOU TO INFORM THEM OF YOUR CLOSED ACCOUNT STATUS, (B) PROVIDE THOSE USERS WITH A SUMMARY OF THE REASONS FOR YOUR ACCOUNT CLOSURE. YOU AGREE THAT BURBZ WILL HAVE NO LIABILITY ARISING FROM OR RELATING TO ANY NOTICE THAT IT MAY PROVIDE TO ANY USER REGARDING CLOSED ACCOUNT STATUS OR THE REASON(S) FOR THE CLOSURE.

 

17.2  ACCOUNT DATA AFTER TERMINATION

If your Account is closed for any reason, you will no longer have access to data, files, payment transactions, photos or other material you keep on the Site and any closure of your Account may result in the deletion of any content stored in your Account.  You acknowledge and agree Burbz is not responsible for storing your Account data after your Account has been closed, with the except otherwise required by law, and you agree Burbz has no liability whatsoever.  Burbz, in its sole discretion and as permitted or required by law, may retain some of all of your Account information.

 

17.3  SURVIVAL

Even after termination of this Agreement, the terms of this Agreement and the Terms of Service that expressly or by their nature contemplate performance after this Agreement terminates will survive and continue in effect.  The termination of this Agreement for any reason will not release you or Burbz from any obligations incurred prior to termination of this Agreement or thereafter, such as protecting intellectual property, non-circumvention, permitting audits, indemnifications, or other such liabilities.

 

18.  DISPUTES BETWEEN USERS AND BURBZ

Section 18 discusses your agreement on how we will resolve any disputes, the choice of law and that we both agree to use arbitration instead of going to court, as detailed below.

 

18.1  DISPUTE PROCESS

If a dispute arises between you and Burbz or our Affiliates or Successors (the “Parties”), you agree that any disputes, controversy or claims shall be resolved exclusively through final and binding arbitration, rather than in court, and to resolve quickly and cost-effectively.  Disputes, claims or controversy may arise out of or relates to this Agreement, the Terms of Service, your relationship with Burbz and any claimed employment with Burbz or one of our Affiliates or successors, the termination of your Account or relationship with Burbz, or the Services (each, a “Claim”). 

Before serving a demand for arbitration of a Claim, the Parties agree to first notify each other of the Claim.  You agree to notify Burbz of the Claim by email, must use the email addressed registered to your Account, to support@theburbz.com with the subject “Claim Notification” (in each case, a “Notice”) and allow at minimum 60 days from the date of the receipt of the Notice to informally resolve the other party’s Claim  If the Claim is successfully resolved, the Claim will avoid further action and be considered resolved and closed.  To properly evaluate and attempt to resolve, each Notice must contain: (a) your Account information; (b) a brief description of the Claim; (c) contact information.


18.2  ARBITRATION & LOCATION

This arbitration agreement is entered into pursuant to the  Any arbitration will be conducted by the American Arbitration Association (“AAA”) unders its rules and procedures.  You may visit AAA’s website at https://www.adr.org for more information.  Unless the Parties agree otherwise, or unless the arbitration administrator’s rule or law require otherwise, the arbitration will be held in Phoenix, AZ.

The arbitrator will have authority to award to a Party any relief or damages under applicable law.  The arbitrator’s award shall be final and legally binding and judgment on the award rendered by the arbitrator may be enforced by any court having jurisdiction.  Parties agree that the administration and fees and payment of all filings will be governed by AAA’s rules, unless otherwise stated.  This Section 18.2 Arbitration & Location is governed by the Federal Arbitration Act.

In the event  the arbitrator or court determines any part of Section 18 is unenforceable or invald, the remainder of Section 18 shall still apply.

 

18.3  CHOICE OF GOVERNING LAW

Burbz Site, Terms of Service, Agreements and any Claim will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule.

 

18.4  CLASS ACTION AND COLLECTIVE WAIVER

You agree that both Parties may bring Claims and dispute in arbitration against each other but only on an individual basis and not part of any purported class or collective basis or representative action or proceed  You acknowledge, understand and agree there will be no right or authority for any dispute or Claim to be brought, heard or arbitrated as a class or collective action, or as an individual in any such class or collective proceeding (“Class Action Waiver”).  The arbitrator shall has no authority to consider any Claim on behalf of a group, class, person, or entity who is not a named party to the arbitration, and the arbitrator shall has authority to determine or make any award to the benefit of, or against, any group, class, person or entity.

In the event in which (a) the Claim is filed as a class or collective action and (b) there is a final judicial determination that some or all of the Class Action Waiver is unenforceable, the class or collective action to that extent will be required to be litigated in a civil court of competent jurisdiction, but the parts of the Class Action Waiver that is enforceable must be enforced in arbitration.

 

18.5  RETALIATION

You and Burbz agree that you will not be retaliated against, disciplined or threatened with discipline as a repercussion of your participating in a class or collective action or filing of a Claim.  We may lawfully seek enforcement of our arbitration policies and the Class Action Waiver under the Federal Arbitration Act and seek dismissal of such class or collective actions or Claims.

 

19.  GENERAL

Section 19 discusses additional terms of the agreement between you and Burbz, including that the Terms of Service contain our full agreement, how the agreement will be interpreted and applied, and your agreement not to access the Site from certain locations, as detailed below.

 

19.1  ENTIRE AGREEMENT

This Terms of Service, Privacy Policy and the Agreement constitute the sole and entire agreement and understanding between you and Burbz with respect to the Site and the Services and cancels and supersedes any prior or contemporaneous understandings, agreements, discussions, representations, warranties and communications between you and Burbz, written or oral.  The section headings and any notes in the Terms of Service are included for reference only and have no binding effect or do not limit the limit or extent of such section.  If any portion of this Agreement is found to be invalid or unenforceable by any court or competent jurisdiction, the other provisions of this Agreement shall remain in full force and effect.  You represent and agree that you had ample time to review the Terms of Service before deciding any actions were taken or creating your Account.  

 

19.2  MODIFICATIONS AND WAIVER

No modification or amendment to this Agreement will be binding upon Burbz unless they are agreed in a written instrument that is reviewed and signed by an appropriately authorized representative of Burbz or posted by Burbz on the Site or the Services.  You acknowledge and agree that email will not constitute an acceptable written instrument for this section.  Burbz failure to act or absence of action does not waive our right to act with respect to ensuing or similar breaches.  We do not guarantee we will take action against all breaches of this Agreement and Terms of Service.

 

19.3  ASSIGNABILITY

In our sole discretion, Burbz may assign the Agreement and the Terms of Service without the User’s consent.  User may not assign the Terms of Service, or any of its rights or obligations, but may receive approval, in our sole discretion, with prior written consent from Burbz in the form of a written instrument reviewed and signed by an appropriately authorized representative of Burbz.  Any attempted assignment or transfer in violation of this section will be null and void.  The Terms of Service are binding upon any of your heirs, successors, and permitted assigns of the parties.

 

19.4  SEVERABILITY

If any provisions of these Terms of Service or this Agreement is held by a court or other competent jurisdiction to be illegal, invalid, or unenforceable in whole or in part, such provision shall be eliminated or limited to the minimum extent as to give the maximum effect to the intent of the parties.  The illegality, invalidity, or unenforceability of such provision in that any court of competent jurisdiction, the other provisions of this Agreement and Terms of Service shall remain in effect and will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or any other provision in any jurisdiction.

 

19.5  FORCE MAJURE

You acknowledge and agree that Burbz will not be responsible for any losses or damages resulting from the failure to perform and suspension of service or any obligation hereunder for a reasonable period due to any extraordinary events or circumstances beyond our control, such as, but not limited to,  labor disturbances, accidents, strikes, wars, riots, rebellions, blockages, acts of government, governmental requirements, regulations or restrictions imposed by law, fires, floods.  We may suspend the Services and access your Account and our third party providers for payment services may suspend service and access to funds in an Account.

 

19.6  PREVAILING LANGUAGE AND LOCATION

Burbz and the Site is controlled, managed and operated from within the United States.  We utilize the The English language version of all our Agreements and Terms of Service to be controlling in all respects and will prevail in the event of any differences and inconsistencies with translated versions.

 

19.7  ACCESS OUTSIDE OF THE UNITED STATES

Burbz is based in the state of Arizona in the United States and provide this Site and Services for use only by persons located in the United States.  We make no representations that the Site, the Services or any of our content is appropriate, accessible or available for use outside of the United States.  Any persons who access or use the Site or Service from outside the United States do so at their own risk and are entirely responsible for compliance with any and all United States, state, low or foregin laws and regulations, including any import and export taxes or fees.

 

19.8  CONSENT TO USE ELECTRONIC RECORDS

By creating an Account, Proposal Request or Co-Manager Profile and using the Site and the Services, you consent to receiving any or all communications from Burbz electrically, such as, but not limited to, terms, disclosures, notices, statements, and contracts.  You acknowledge and agree to give us permission to provide any and all records to you electronically as an email, posting on the Site, or sending to your Account, instead of in paper form.

 

19.9  INTELLECTUAL PROPERTY RIGHTS

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.

 

19.10  COPYRIGHT INFRINGEMENT

Claims of copyright infringement is a serious matter for us.  If you become aware of or suspect any materials accessible on the Site or the Service has infringed your copyright, you may request removal or source referral by emailing support@theburbz with the subject “Copyright Request”.

 

19.11  PRIVACY STATEMENT

We understand your and other Users privacy is important.  We have provided our Privacy Policy and encourage you to review it to better understand how we maintain your privacy, as well as our use and disclosure of your information.  Because the Site and Services allow Users to see other Users Personal Information and other information, you agree to keep all information confidential and only use it in relation to the Services.  You may not disclose or distribute another User’s information, unless you have the User’s express consent, to: (a) another User of the Site; (b) any individual that does not have an Account on the Site; (c) to a third party; or (d) use for marketing purposes.

 

19.12  TRADEMARK

The Burbz name, the company logo and all related names, product and service names, logos, designs and slogans are trademarks of Burbz.  You must request written permission and receive approval from a duly authorized representative of Burbz to use such marks and must not use without permission.  You may not refer to Burbz or any of our affiliates in any way   All other names, product and service names, logos, designs and slogans found on the Site and Services are the trademarks of their respective owners.

 

20.  CONTACT

20.1  Unsolicited Ideas

Occasionally, Users submit to us, written and verbal, their suggestions, thoughts, ideas, original creative artwork or feedback (collectively, the “Idea”) pertaining to the Site, the Services or our business, such as improvements to the Services, new services to offer, enhancements, product names, processes, materials or marketing strategy and plans.  You acknowledge and agree that Burbz has no obligation to view or consider any Idea submitted.

If you decide to submit any Idea, in any form, to Burbz then you acknowledge and agree to the following: (a) any Idea submitted and its content will immediately become the property of Burbz, without any compensation to you; (b) at the sole discretion of Burbz, we may use or redistribute some or all of the Idea and contents for any purpose or in any way; (c) we are not obligated to keep any Idea confidential and may share any and all parts of the Idea with other parties.

 

20.2  Survey & Feedbacks

Occasionally, we may send out different User surveys to gain insight and feedback on different services, products, experiences or other aspects of our business.  Our surveys may be received through email, phone call or on the Site and provided by a third-party provider.  Your feedback and survey results will not be sold or shared outside of Burbz, this is only to best our services we provide you.  You are under no obligation to provide any survey or feedbacks, but we would like to encourage you to consider submitting your feedback so we can improve our Services.  There is no compensation for surveys or feedback.

 

20.3  Contact Information

You may contact us regarding any questions or requests of this Agreement, Terms of Service, or Privacy Policy.  Plus contact us at:

support@theburbz.com

 

21.  DEFINITIONS

Section 21 provides definitions of capitalized terms that appear in the Terms of Service.  There are other capitalized terms not listed below but are defined above, which you can tell because the term is put in quotation marks and bold font.

“Agent” means any individual that has a real estate or property management license, is licensed with a real estate broker and can offer real estate services.

“Broker” means any individual that has a brokerage license in real estate or property management, can hire licensed agents and is able to create agency on behalf of an individual.

Confidential Reviews” means any material or information provided to, or created by, a User to evaluate a another User, such as a Co-Manager, regardless of whether the information is in tangible, electronic, verbal, graphic, visual, or other form. Confidential Review does not include material or information that: (a) is generally known by third parties as a result of no act or omission of Co-Manager or Landlord; (b) was lawfully received by User without restriction from a third party having the right to disseminate the information; (c) was already known by User prior to receiving it from the other party and was not received from a third party in breach of that third party’s obligations of confidentiality; or (d) was independently developed by User without use of another person’s Confidential Review.

“Co-Management Fee” means any fee that Burbz charges on a payment transaction between Users for the intention of revenue.

“Co-Management Services” means any real estate, property management, or co-management tasks performed to assist a Landlord with the property management of their rental property.

“Co-Management Terms” means the price structure and agreement between Landlord and Co-Manager that are agreed to in a Co-Management Service Agreement, or similar document, that outlines all the rates and opportunities for a Co-Manager to earn income, paid by the Landlord.

“Co-Manager” means any individual that was hired by the Landlord to assist with property management tasks for any of the Landlord’s rental properties.

“Co-Manager Fees”  means the income earned by a Co-Management, paid by the Landlord, and is compensation for assisting the Landlord with management services.

“Co-Manager Profile” means the public page that Co-Manager’s create that share their services, location, about, contact information and provides additional information to prospective Landlords.

“Landlord” means any authorized User utilizing the Site or Site Services to seek and/or obtain Co-Management Services, order background screening reports, collect rent from Tenant, and is the owner of a rental property and hires Co-Managers.

“Lease Agreement” means any legal document outlining the agreement between Landlord and Tenant for occupying a rental property.

“Option Co-Management Service Agreement Terms” means any free document or template that Burbz has provided a guide but is not considered legal advice or an official legal document.

“Payment Method” means any payments that were made utilizing either ACH, debit or credit card by a User on Burbz.

“Profile”

“Proposal Request” means any time a Landlord fills out a form that is requesting co-management services from Co-Managers on Burbz with the intent to interview or hire out tasks for managing their rental properties.

“Rent Collection” means any payments a Tenant made to the Landlord for rent, late fees, pet policies, security deposits or any other payments required by their Lease Agreement.

“Security Deposits” means any funds a Tenant made to the Landlord for the intent to hold in the event of damages and cover the expenses to repair damages, including Security or Pet deposits, and must be refundable by the Landlord after the Tenant moves out of the rental property.

“Service Agreement”   means, as applicable, the contractual provisions between a Landlord and a Co-Manager governing the Co-Management Services to be performed by a Co-Manager for Landlord for rental properties. 

“Tenant” means any user that pays rent to a Landlord for the exchange of occupying the Landlord’s rental property.

“User Agreement”

“User Content” means any comments, remarks, data, feedback, content, text, photographs, images, video, or other content or information that you or any Site Visitor or User post to any part of the Site or provide to Burbz, including such content or information that is posted as a result of questions.