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Terms and Conditions[email protected]
Effective Date of Current Policy: June 16th, 2017
These Burrow Terms and Conditions apply to the website and all other online properties (the “Site”) operated by Burrow, Inc., d/b/a Burrow (“Burrow”, “we”, or “us”). The use of the Site, including the purchase of any Products (as defined below) is subject to the following terms and conditions (the “Terms”). Please read these Terms carefully. By using this Site, you agree to these Terms as well as any other terms, guidelines or rules that apply to any portion of this Site, without limitation or qualification. If you do not agree to these Terms, then you must exit the Site immediately and discontinue any use of the information or products obtainable or accessible through the Site. If you have any questions about the Terms, please contact us [email protected]
These Terms provide that all disputes between you and Burrow relating to these Terms or your use of the Site or Products will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section XVII (“Dispute Resolution”) for the details regarding your agreement to arbitrate any disputes with Burrow.
We provide the Site in order to enable you to browse and purchase Burrow couches of any size (“Couches” or “Sofas”), or the individual components contained within Burrow couches. “Couches” and “Sofas” will refer to any number of seating module and arm rest combinations (1 set of arm rests and at least 1 seating module is considered a Couch).
II. ELECTRONIC COMMUNICATION
When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
No part of the Site is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SITE AT ANY TIME OR IN ANY MANNER.
If you are using the Site on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you (a) are an authorized representative of that Organization; (b) have the authority to bind that Organization to these Terms; and (c) agree to be bound by these Terms on behalf of that Organization.
Images of people, places and/or products posted on this Site are either the property of Burrow or our licensors. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials (together, with “Marks” (as defined below), “Burrow Content”) is the property of Burrow or its licensors, partners or affiliates and is protected by United States and international copyright laws. The compilation of this Site is the exclusive property of Burrow and is protected by United States and international intellectual property laws. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Site only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on this Site, please contact us [email protected]
All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site are proprietary to Burrow, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of Burrow, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.
VI. LIMITED LICENSE AND SITE ACCESS
We grant you a limited license to use the Site for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not intended to be so read. This includes using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.
VII. ACCOUNTS, FORMS, REGISTRATIONS AND PASSWORDS
You represent and warrant that the information you provide to Burrow upon creating an account on the Site and at all other times will be true, accurate, current, and complete.
To facilitate future purchases on the Site, you may choose to create an account by providing an e-mail address and password. Please note that you may choose to use the Site and make purchases without creating an account. If you do create an account, your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Site and to preserve the confidentiality of your username and password, and any device that you use to access the Site.
You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Burrow by e-mail [email protected] You will be solely responsible for the losses incurred by Burrow and others due to any unauthorized use of your account.
VIII. FEES AND PAYMENTS; SHIPPING
IX. GIFT, PROMO AND OFFER CODES
From time to time, Burrow may offer qualified consumers “gift codes” or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “offer codes”) that are redeemable towards a purchase on Burrow.com, while supplies last, and subject to certain merchandise exclusions or any other restrictions as may be determined and communicated by Burrow in its sole discretion. Only valid offer codes provided or promoted by Burrow will be honored at checkout. Codes supplied or promoted by third parties unauthorized by Burrow (including any unauthorized third party websites) will not be considered valid. Each offer code promoted by Burrow is non-transferable and valid for single use on an item (or items) of merchandise as determined by Burrow. Offer codes may not be combined and may not be used in conjunction with any future Burrow Referral Program. Customers are limited to the use of a single offer code per order. Offer codes cannot be used towards purchase of non-branded merchandise, packaging or applicable taxes. For online purchases, the code must be entered in the ‘offer code’ field at checkout. Offer codes are not valid for use by customers that elect to finance their purchase through Affirm. Offer codes are not valid in showrooms or stores and are valid online only. Burrow is not responsible for lost, stolen or corrupted codes or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is returned. Expiry dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all offer code requirements will not be honored.
We stand behind our Products. Each Couch that is manufactured by Burrow and purchased directly from Burrow or Burrow’s authorized retailers is covered by a limited manufacturer’s warranty. Please contact us [email protected] for more details.
XI. REFUNDS AND RETURNS; CANCELLATION
• Couches: If you want to return your Couch within the first 30 days after Burrow confirms complete delivery of your Couch (i.e., 30-day trial begins when Burrow’s shipping partners confirm delivery of a couch, not when the Couch is unboxed), please e-mail Burrow [email protected] arrange for either return shipping or a return pick-up. Burrow reserves the right to choose the method of return. Burrow will provide instructions on how to proceed. A return process must be initiated within 30 calendar days of receipt of the Couch in order to be eligible for returns. To successfully initiate the return process, [email protected] must receive an email requesting a return by 11:59 PM ET on the 30th day of the trial.
• Individually purchased seat modules (not purchased as part of a Couch): not eligible for returns.
• Individually purchased armrest sets (not purchased as part of a Couch): not eligible for returns.
• Individually purchased legs (not purchased as part of a Couch): not eligible for returns.
• Individually purchased Couch cushions (back and/or bottom cushions; not purchased as part of a Couch): not eligible for returns.
• Products must be in usable condition to be eligible for return (e.g., no stains, tears or other soiling including odors). Accepting returns is at the sole discretion of Burrow’s judgement of the state of the Products. Burrow reserves the right to refuse any returns. Burrow may request descriptions and images of the Products to determine the state of the Products prior to accepting returns. Failure to comply with requests by Burrow may result in Burrow’s refusal of return. Failure to complete the returns process within 1 week of being provided instructions from Burrow may result in Burrow’s refusal of return.
• Products shipped outside of the continental United States are not eligible for return.
• Customers may return a maximum of two (2) of each particular Product per initial order, validated by a customer name or shipping address.
• If at least one of a particular Product type is returned from an initial order, that customer or shipping address will not be eligible for additional 30-day trials on subsequent orders of that particular Product (i.e. if you return a Couch, you will not be eligible for 30-day trials on future Couch orders).
• Missing an appointment for a return to be picked up from your address will incur a fee. This fee will be clearly disclosed at the time Burrow schedules a pickup on the customer's behalf.
XII. CONTENT YOU SUBMIT TO BURROW
From time to time, Burrow may allow you to post reviews, comments, photos, or similar materials on the Site (collectively, “Reviews”). We welcome your comments regarding our Products and services, including our Site. However, any Reviews you submit to Burrow must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.
By posting a Review on the Site, you hereby grant Burrow an unrestricted, assignable, sublicensable, perpetual royalty-free, fully paid up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) all Reviews you post to the Site, for any purpose, including promoting and marketing Burrow and the Products. You further grant Burrow a royalty-free license to Use the name, image, and likeness of any person identifiable in any Review you post to the Site. By posting a Review, you waive any and all rights of publicity, privacy or any other rights of a similar nature, in addition to any moral rights you may have in your Review. Except for materials provided to you by Burrow through the Site, you represent, warrant, and covenant that (i) you either are the sole and exclusive owner of Reviews that you post to the Site, or you have all rights, licenses, consents, and releases that are necessary to grant to Burrow the rights in your Reviews as contemplated under the Terms, and (ii) the Reviews you post to the Site do not (A) infringe, misappropriate or violate the rights of any party or entity, including a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, (B) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise), or (C) require Burrow to obtain any licenses from or make any payments in any amounts to any third party throughout the world.
XIII. DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send Burrow a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
• A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
• Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
• Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Burrow to locate the material on the Site;
• Your name, address, telephone number, and e-mail address (if available);
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Burrow a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to 33 West 17th Street, 5th Floor, New York, NY 10011 or [email protected] with the word “copyright” in the Subject of the email. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
XIV. USE OF THE SITE
You agree to use the Site only for its intended purpose. You must use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Site are prohibited. You may not:
• attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site;
• frame or link to the Site without permission;
• use data mining, robots, or other data gathering devices on or through the Site;
• post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
• disclose personal information about another person or harass, abuse, or post objectionable material;
• sell, transfer, or assign any of your rights to use the Site to a third party without our express written consent;
• post advertising or marketing links or content, except as specifically allowed by these Terms;
• use the Site in an illegal way or to commit an illegal act in relation to the Site or that otherwise results in fines, penalties, and other liability to Burrow or others; or
• access the Site from a jurisdiction where it is illegal or unauthorized.
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by third parties. You accept that any reliance on material posted by third-party service providers will be at your own risk. By using the Site you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. We may change, suspend, or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or any feature, without notice or liability.
We make no promises and, to the fullest extent permitted by law, disclaim all liability of specific results from the use of the Site. Released Parties Defined. “Released Parties” include Burrow and its affiliates, officers, employees, agents, partners, and licensors. EXCEPT AS EXPRESSLY PROVIDED IN THE COUCH WARRANTY OR OTHER WARRANTIES FOR PRODUCTS PURCHASED FROM BURROW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW: (A) YOUR USE OF THE SERVICESSITE AND PRODUCTS IS AT YOUR SOLE RISK, AND THE SERVICESSITE AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
XVI. LIMITATION ON LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BURROW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF BURROW CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
XVII. DISPUTE RESOLUTION
Notwithstanding any of these Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms will still apply.
XIX. WE RESERVE THE RIGHT TO UPDATE AND REVISE THESE TERMS AT ANY TIME
From time to time we review these Terms to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms at any time. You will know if these Terms have been revised since your last visit to the website by referring to the “Effective Date of Current Policy” date at the top of this page; provided, however, that we will endeavor to provide you with prior notice of any material changes that will apply to you. Your use of our website constitutes your acceptance of these Terms.
Either party’s failure to partially or fully exercise any rights or waiver of any breach of these Terms by the other party shall not prevent such party’s subsequent exercise of such right or be deemed a waiver by such party of any subsequent breach by the other party of the same or any other term of these Terms.
If any of these Terms are deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition. NOTHING IN THESE TERMS WILL AFFECT ANY NON-NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
XXII. ENTIRE AGREEMENT
These Terms (including any document or terms expressly incorporated into these Terms) constitute the entire agreement between the user and Burrow with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.