The terms “you,” “your,” and “yours” refer to you, the user of the Service. The terms “BellBizzer,” “we,” “us,” and “our” refer to BellBizzer, Inc. This Agreement exists solely between you and BellBizzer. We may periodically make changes to this Agreement. It is your responsibility to review the most recent version of these Terms of Service frequently and remain informed of any changes to it. YOU AGREE THAT YOUR CONTINUED USE OF THE SERVICE AFTER SUCH CHANGES HAVE BEEN PUBLISHED TO THE SERVICE SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH REVISED TERMS OF SERVICE.
The Service allows users to borrow from, and loan goods (“Loaned Items”) to, other users. Use of the Service may require a compatible mobile device and/or access to a data network. Third party data use fees may apply.
We do not provide you with the equipment to access the Service. You are responsible for all fees charged by third parties to access the Service (e.g., charges by mobile device service providers).
We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
We also reserve the right, in our sole discretion, to reject, refuse to post, or remove any posting by you, or to restrict, suspend, or terminate your access to the Service at any time, for any or no reason, with or without prior notice, and without liability.
You must be 18 years old or older and a resident of the United States to register as a user or to use the Service. If you are a parent and your child has used the Service without your permission, please contact us at email@example.com for further assistance.
By registering an account with BellBizzer, you consent to receive digital communications from BellBizzer. These communications may include notices about your account and are part of your relationship with us. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
You agree to pay all costs, service fees, taxes, tips, and penalties incurred in your use of the Service. For more information on the foregoing, please visit our FAQ page.
Payments for Loaned Items obtained through our Service are provided by our third-party payment processor, Stripe. Please see Stripe’s Terms and Conditions for any questions about payment processing.
By providing a credit or debit card, you represent and warrant that you are authorized to use the designated payment method and that you authorize or our third-party payment processor to charge your payment method for the total amount of your Loaned Item (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or canceled.
You must comply with all applicable laws when using the Service. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works; or other content made available by BellBizzer or its users on the Service (“Content”) or compile or collect any Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Service or store, copy, modify, distribute, or resell any Content; (c) rent, lease, or sublicense your access to the Service to another person; (d) use the Service or Content for any purpose except for your own use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Service; (f) use the Service in a manner that threatens the integrity, performance, or availability of the Service; (g) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Service or Content; (g) use the Services in any manner that would be in violation of the anti-money laundering laws of the United States or other jurisdictions; (h) or use the Service in connection with any of the prohibited items listed below.
You may not loan, or in any other manner transact, the following prohibited items:
The Service may contain links to third party products, services, and websites. We exercise no control over the third party products, services, and websites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third party products, services, and websites. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party products, services, and websites.
The Service allows you and other third parties to post information to the Service. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Service are those of the respective authors or producers and not of BellBizzer, or its officers, directors, or employees.
You agree that BellBizzer is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each, a “Submission”), without further compensation, acknowledgement, or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products and creating, modifying or improving the Service and our products and services. Furthermore, by posting any Submission on the Service, submitting information to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicensable, worldwide license and right to display, use, perform, reproduce, modify, distribute, and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future. By posting or providing a Submission or information, you represent and warrant that: (i) you own all right title and interest in your Submissions or otherwise have the right to grant the license set forth herein, and (ii) the posting of your Submissions on or through the Service does not (and will not) violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay all royalties, license fees and any other monies owing any person by reason of any Submission posted by you on or through the Service.
You are solely responsible for any content and other material that you submit, publish or display on the Service or transmit to third parties.
You will not use the Service to: (a) upload, post, email, or otherwise transmit any information that contains personally identifying information, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm BellBizzer or third parties in any way; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, or otherwise transmit any information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post, email or otherwise transmit any information that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (f) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation; (g) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (i) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (j) “stalk” or otherwise harass another; (k) collect or store personal data about other users.
If you see content on the Service that violates these use restrictions, please contact BellBizzer at firstname.lastname@example.org
As a borrower (“Borrower”) of a Loaned Item, you are responsible to the owner (“Lender”) for the Loaned Item while it is in your possession.
Fees. Borrower is responsible for paying all fees when they come due. Borrower will be responsible for all of costs (e.g. repair costs) incurred during the period Borrower has the Loaned Item in its possession.
Your Financial Responsibility Is Primary. With regard to damage, losses, or other liabilities, you acknowledge that, where permissible under applicable law, you are primarily liable for your liabilities under the Agreement, though you may fund that primary liability via any personal insurance you have available to you as the primary source of funds. You acknowledge that you are fully responsible for any damage, losses, or other liabilities relating to your activities through the Services. You agree that in the event damage is reported, BellBizzer may immediately charge you up to the replacement value of the Loaned Item. Nothing in this Agreement is intended to limit your responsibilities or BellBizzer's legal rights in connection with your use of the Services. You acknowledge that BellBizzer may require and hold a deposit as part of the reservation of a Loaned Item.
Damage. You are fully responsible for paying any damage to the Loaned Item as well as fees, expenses, liens, or fines arising out of your use of a Loaned Item booked through BellBizzer. If BellBizzer advances any payment on your behalf, you will continue to be responsible for such amounts and will adhere to BellBizzer’s schedule for repayment of those amounts to BellBizzer.
Use of the Loaned Item. When you book a Loaned Item from a Lender through BellBizzer, you must use the Loaned Item only for your personal use and not for any commercial purposes unless you have express written permission from BellBizzer in advance. You may not access a Loaned Item until the beginning of your reservation period, and you must return the Loaned Item on time and in the correct location. You must present the Lender with a current, valid form of photo identification. You must exercise reasonable care in your use of the Loaned Item. You are required at all times to operate the Loaned Item safely, and in compliance with all applicable laws. In the event BellBizzer has any concern about your use of a Loaned Item, BellBizzer may terminate your reservation in its discretion at any time and require the return of the Loaned Item, including recovering the Loaned Item on behalf of the Lender. You are required to have reasonable safety equipment during the operation of the Loaned Item. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you permit to use or otherwise access the Loaned Item. You are also required to meet any laws or regulations concerning child safety or other protections for children.
Condition of the Loaned Item. You understand that Lenders own the Loaned Items. Each Lender is responsible for complying with all legal requirements and maintaining their Loaned Item(s) in safe condition. Please complete a visual inspection before you begin your use of the Loaned Item. If you find damage in your initial inspection, you should upload photos of such pre-existing damage at the start of your reservation to ensure you are not held responsible for pre-existing damage. Please send any evidence of pre-existing damage to BellBizzer at email@example.com If you find damage on your initial inspection and fail to report it, BellBizzer or our third party administrators may assume that the damage occurred during your reservation period. If, after your initial inspection, you believe that the Loaned Item is not safe please do not use the Loaned Item; and in that event, please contact the BellBizzer team immediately at firstname.lastname@example.org
Repossession. BellBizzer, a hired agent of BellBizzer, or the Lender may repossess any Loaned Item booked through the Services without demand, at the Borrower’s expense, if the Loaned Item is not returned by the end of the reservation or used in violation of applicable law or this Agreement.
Missing Loaned Items. If a Loaned Item you have booked through the Services goes missing and/or is stolen during the reservation period (or extension period), you must immediately file a police report after discovering the Loaned Item is missing or stolen, but in no event more than 24 hours after discovering it has gone missing; and cooperate fully with the Lender, law enforcement, BellBizzer, and other authorities in all matters related to the investigation.
The following Sections also apply if, as a Lender, you share your Loaned Item through the Services:
Listing the Loaned Item. When you use the Services, you will identify Loaned Item(s) that you want to list for sharing through the Services. Each Loaned Item must be in good working order. You may only use the Services in connection with Loaned Items that you own or otherwise have all the necessary rights and permissions to share for compensation.
Availability. Once a Loaned Item is booked, you must make the Loaned Item available or deliver the Loaned Item as expected by the Borrower. If you offer the Borrower the option to pick up your Loaned Item at a specified location, you must supply the location of the Loaned Item accurately to BellBizzer and ensure that the Loaned Item is available at that location at the beginning of the reservation period. Before you provide the Borrower your Loaned Item, ensure the Borrower’s photo identification matches the name on the reservation.
Maintenance. You are required to regularly check your Loaned Item for any defects in its operations or safety. You promise that, at all times, your Loaned Item will be operating within normal safety parameters, in good mechanical condition, and in full compliance with all applicable inspection and registration requirements. You agree to respond to any applicable recall or similar safety notices and to complete any recommended action before allowing your Loaned Item to be booked. In addition, if BellBizzer believes that your Loaned Item does not conform to reasonable standards, BellBizzer may notify you and reserves the right to remove or decline listing your Loaned Item until its concerns have been resolved. BellBizzer may, but does not commit to, undertake efforts to ensure the safety of Loaned Items booked through the Services.
Incident Reporting. If you believe that a Borrower has caused any damage to your Loaned Item, you are required to report that damage as soon as you become aware of it (and in any event, no more than 24 hours after the scheduled end of reservation) and to provide reasonable cooperation in the investigation of the damage. Based on the investigation, BellBizzer will reasonably determine whether the damage occurred during the reservation period. If BellBizzer determines the damage occurred during the reservation period, you will be reimbursed for the loss as described in the sections below. If BellBizzer is not given prompt notice as described in this paragraph, or if you do not provide reasonable cooperation in the investigation by BellBizzer, we may not be able to determine the cause of the damage. In that case, you agree that we may decline any financial responsibility for such damage.
Damage Exclusions. You should expect normal wear and tear on your Loaned Item, including minor scrapes and dings, in connection with your participation in the Services. BellBizzer will not reimburse you for normal wear and tear to your Loaned Item.
Compliance with Laws. You agree to comply with any and all applicable laws and regulations, including applicable registration and minimum insurance requirements, for your Loaned Item.
Reimbursement by BellBizzer. In the event a Borrower damages or destroys a Loaned Item, BellBizzer, in its sole discretion, may offer to pay up to $1,000 of the Loaned Item’s value to the Lender. The foregoing sentence is not a guarantee of recompense by BellBizzer for damaged or destroyed Loaned Items.
Users agree to cooperate with and assist BellBizzer in good faith, and to provide BellBizzer with such information and take such actions as may be reasonably requested by BellBizzer, in connection with any damage claims or other complaints or claims made by users relating to their borrowing experience via the Service. A user shall, upon BellBizzer’s reasonable request and at no cost to the user, participate in mediation or a similar resolution process with another user, which process will be conducted by BellBizzer or a third party selected by BellBizzer or its insurer, with respect to losses for which a user is requesting payment from BellBizzer.
Users should engage in best practices when engaged in the physical exchange of Loaned Items, including meeting in public, safe areas. Bellbizzer is not responsible for arranging for the transportation and/or exchange of the Loaned Items. For the safety and consideration of all users of the Service, users should maintain proper health and hygiene practices when exchanging Loaned Items. If you are unable to exchange the Loaned Item as the designated time due to illness or other scheduling conflict, please arrange an alternate meeting time and place, or engage a substitute to exchange the Loaned Item on your behalf. BellBizzer reserves the right to forbid access to the Service to any user who violates or compromises the safety, health, or wellbeing of another user.
Bellbizzer Does Not Assume Liability For Loaned Items. Bellbizzer Does Not Screen Borrowers, Lenders, Or Their Loaned Items. You Are Solely Responsible For The Proper Use Of Any Loaned Item You Procure From The Service.
Your Use Of The Service And Content Is At Your Sole Risk. The Service And Content Are Provided On An “As Is” And “As Available” Basis. Bellbizzer Expressly Disclaims All Warranties Of Any Kind, Whether Express Or Implied, Including, But Not Limited To The Implied Warranties Of Merchantability, Fitness For A Particular Purpose, Title, And Non-infringement. We Do Not Guarantee The Accuracy, Completeness, Or Usefulness Of The Service And Content, And You Rely On The Service And Content At Your Own Risk. Any Material Obtained Through The Service Is Done At Your Own Discretion And Risk And You Will Be Solely Responsible For Any Damage To Your Computer Or Loss Of Data That Results From The Download Of Any Material Through The Service. No Advice Or Information, Whether Oral Or Written, Obtained By You From Bellbizzer Or Through Or From The Service Will Create Any Warranty Not Expressly Stated In This Agreement. Bellbizzer Makes No Warranties With Respect To Aspects Of The Service Provided By Third Parties. Some Jurisdictions May Prohibit A Disclaimer Of Warranties And You May Have Other Rights That Vary From Jurisdiction To Jurisdiction.
We Make No Warranty Regarding Any Transactions Executed Through, Or In Connection With The Service, And You Understand And Agree That Such Transactions Are Conducted Entirely At Your Own Risk. Any Warranty That Is Provided In Connection With Any Loaned Items, Services, Products, Materials, Or Information Available On Or Through This Site From A Third Party Is Provided Solely By Such Third Party, And Not By Us Or Any Other Of Our Affiliates.
To The Fullest Extent Permitted By Applicable Law, In No Event Shall Bellbizzer Be Liable For Any Indirect, Special, Incidental, Consequential, Exemplary Or Punitive Damages Of Any Kind (Including, But Not Limited To, Loss Of Revenue, Income Or Profits, Loss Of Use Or Data, Loss Or Diminution In Value Of Assets Or Securities, Or Damages For Business Interruption) Arising Out Of Or In Any Way Related To The Access Or Use Of The Service Or The Order, Receipt Or Use Of Any Loaned Item, Or Otherwise Related To These Terms (Including, But Not Limited To, Any Damages Caused By Or Resulting From Reliance By Any User On Any Information Obtained From Bellbizzer Or From Mistakes, Omissions, Interruptions, Deletions Of Files Or Emails, Errors, Defects, Bugs, Viruses, Trojan Horses, Delays In Operation Or Transmission Or Any Failure Of Performance, Whether Or Not Resulting From Acts Of God, Communications Failure, Theft, Destruction Or Unauthorized Access To Bellbizzer’s Records, Programs Or Systems), Regardless Of The Form Of Action, Whether Based In Contract, Tort (Including, But Not Limited To, Simple Negligence, Whether Active, Passive Or Imputed), Strict Product Liability Or Any Other Legal Or Equitable Theory (Even If The Party Has Been Advised Of The Possibility Of Such Damages And Regardless Of Whether Such Damages Were Foreseeable).
To The Fullest Extent Permitted By Applicable Law, In No Event Shall The Maximum Aggregate Liability Of Bellbizzer Arising Out Of Or In Any Way Related To The Order, Receipt, Or Use, Of Any Loaned Item Purchased From Bellbizzer, Exceed The Amount Paid For Such Loaned Item. The Foregoing Limitation Shall Apply Even In The Event Your Remedies Hereunder Fail Of Their Essential Purpose, And The Foregoing Shall Constitute Bellbizzer’s Sole Liability And Obligation In Respect Hereof, Regardless Of The Form Of Action, Whether Based In Contract, Tort (Including, But Not Limited To, Simple Negligence, Whether Active, Passive Or Imputed), Strict Product Liability Or Any Other Legal Or Equitable Theory.
To The Fullest Extent Permitted By Applicable Law, You, On Behalf Of Your Heirs, Executors, Administrators, Legal And Personal Representatives, Hereby Release, Waive, Acquit And Forever Discharge Bellbizzer From And Against, And Covenant Not To Sue Any Such Bellbizzer Party For, All Claims You Have Or May Have Arising Out Of Or In Any Way Related To These Terms.
If You Are A California Resident, You Hereby Waive Your Rights Under California Civil Code 1542, Which States “A General Release Does Not Extend To Claims Which The Creditor Does Not Know Or Suspect To Exist In His Or Her Favor At The Time Of Executing The Release, Which If Known By Him Or Her Must Have Materially Affected His Or Her Settlement With The Debtor.”
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at email@example.com and provide our copyright agent, in writing, the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on the Service where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You will indemnify and hold BellBizzer, and its subsidiaries, affiliates, officers, agents, and employees (the “Indemnified Parties”), harmless from any costs, damages, expenses, and liability caused by your use of the Service, Content, Loaned Items, your violation of this Agreement, or your violation of any rights of a third party through use of the Service, Content, or Loaned Items. For the sake of clarity, this indemnity will cover any claims against the Indemnified Parties arising in connection with personal injury or death occurring in connection with the use of, or exposure to, Loaned Items by you or your representatives (e.g., your spouse or family members) or received by you or your representatives (e.g., members of your family, caregivers, your children, or other children under your care).
We may occasionally update the Service and these Terms of Service. When we do, we will revise the “last updated” date on these Terms of Service. You should check the Service and these Terms of Service frequently to see recent changes. Your continued use of the Service after such changes will be subject to the then-current terms of service. This version of these Terms of Service shall supersede all earlier versions.
Enforcement of these Terms of Service is governed by Washington law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms of Service or your use of the Service will lie in the State and Federal courts located in King County, Washington, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of BellBizzer to enforce any right or provision in these Terms of Service will not constitute a waiver of such right or provision unless acknowledged and agreed to by BellBizzer in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Service to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.