ABOUT THESE TERMS 

 

Accepting these Terms

Welcome to BOROBABI! This Terms of Service agreement (“Terms”) is between you (“you” or “your”) and BOROBABI Co. (“we,” “our,” “us,” or “BOROBABI”), and governs your access to and use of our website located at  borobabi.com (and any successor site thereto) (the “Site”), our mobile application (the “App”) and related services, including BOROBABI product rental and return services (together with the Site, the App, and the Content (as defined below), the “Services”).

 

Please review these Terms carefully; by accessing or using any of the Services, including by creating an Account (as defined below), you acknowledge that you have read, understood, and agreed to be bound by these Terms. 

 

These Terms are a legally binding contract between you and BOROBABI. By accepting these Terms, you represent that you are an individual of legal age to form a binding contract or, if you are not, that you have obtained parental or guardian consent to enter into these Terms. Under no circumstances may you access or use the Services if you are under thirteen (18) years old. Your access to and use of the Services in any way also means that you agree to all of these Terms, and these Terms will remain in effect while you access or use the Services. These Terms incorporate by reference any additional terms and conditions posted by BOROBABI through the Site and/or the App, or otherwise made available to you by BOROBABI (the “Additional Terms”), and you understand and agree that by accessing or using any of our Services, you agree to also comply with all Additional Terms.

 

EXCEPT FOR LIMITED CIRCUMSTANCES DESCRIBED IN SUBCLAUSE (c) OF THE ARBITRATION AGREEMENT BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, OR TO A TRIAL BY JURY.

 

The Services are controlled or operated (or both) from the United States and are not intended to subject BOROBABI to any non-U.S. jurisdiction or law. You may not use the Services to rent or purchase Products outside of the United States. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

 

Changes

We may, at any time and without liability, suspend, modify, or discontinue all or part of the Services (including access to the Site via any third-party links). We encourage you to check our Site periodically for the most current Service offerings. Similarly, we may update the Content, including descriptions and specifications about Products or Services, and we reserve the right to remove any Content (as described below) at any time, for any reason (including, but not limited to, if someone alleges you contributed Content in violation of these Terms), in our sole discretion, and without notice. BOROBABI will have no liability for any change in the Services, or any suspension or termination of your access to Services.

 

We also reserve the right to change these Terms at any time by notifying you of such changes by any reasonable means, including by posting the revised Terms on the  Site. The “Last Updated” legend above indicates when these Terms were last changed. At our discretion, we may also notify you of certain changes by sending you an email to the email address associated with your Account. You are responsible for providing us with your current email address when you create an Account, and, if your email address changes, for updating your Account information to reflect your new email address. Your continued use of the Services, including by renting or purchasing Products (as defined below) from us, following any changes to these Terms will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms. Any changes to the Terms will not apply to any dispute between you and us that arises prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes. If you don’t agree with the new Terms, you may no longer access or use the Services. 

Privacy

Your submission of information through the Services is governed by BOROBABI Privacy Policy. To review the current BOROBABI Privacy Policy, please click  here

Frequently Asked Questions

Please also refer to our online  FAQ section for general information regarding our Services. 

 

ABOUT OUR SERVICES

How to Access BOROBABI Services

As noted above, you must be 18 years or older to access or use the Services. To use the Services, you may be required to sign up for an account (your “Account”), select a password and username (your “BOROBABI User ID”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and up-to-date information, and to maintain and update such information. You may not select as your BOROBABI User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. We may reject, or require that you change, any BOROBABI User ID, password or other information that you provide to us in registering for an Account. You may not transfer your Account to anyone else without our prior written permission. You may only register one Account per Paid Service (as defined below).

 

Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services operated by third parties (each, a “Third Party Account”), such as those offered by Google and Facebook. By using the Services through a Third-Party Account, you authorize us to access information from such Third-Party Account for use in connection with the Services. 

 

You may only use the Services and Products made available to you for your own personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services or Products is prohibited by these Terms or any Additional Terms or applicable laws, then you are not authorized to use the Services or Products. You are solely responsible for any use by you of any Services or Products in violation of these Terms, any Additional Terms, or applicable law.

 

You may not share your Account (including your BOROBABI User ID or password) with anyone, and you must protect the security of your Account (including your BOROBABI User ID and password) and any other access tools or credentials. You’re solely responsible for any activity associated with your Account, including all charges incurred from use of the Services with your Account.

 

We may, for any reason, limit or restrict your access to or use of the Services, including, but not limited to, refusing to fulfill any order that you place with us or restricting orders placed under a single customer Account, payment card, or billing or shipping address. We reserve the right to limit, cancel, or prohibit any use of the Services for any reason in our sole discretion, including but not limited to availability and geographic concerns, or if we determine or suspect that you are using the Services for fraudulent or commercial purposes or for any other purposes in violation of these Terms or any Additional Terms.

 

Cost of the Services

We may charge you to access and use certain parts of the Services (the “Paid Services”). We reserve the right to modify or waive fees required to use certain parts of the Services. You are solely responsible for: (i) the fee for any Paid Services that you order and that are not cancelled in accordance with our cancellation policy, (ii) the price of any Products that are not returned in accordance with our policies, and (iii) any late fees accrued by you due to late or lost items. 

 

For more information about our Services, including pricing and fees and cancellation policies, please see our  FAQ Section. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.

 

Reserve

If you rent a Product through our Reserve Service, the rental fee (“Rental Fee”) will include insurance charges and delivery charges (as applicable) listed on the Reserve Service for your rental of the applicable Product. BOROBABI reserves the right to alter the Rental Fee or availability of any particular item at its discretion and without notice.  

 

Late Fees

If you do not return one or more Products that are part of a single order after the date on which such Products must be returned or do not return the Product(s) at all (see the “Returns, Extensions, Shipping, and Lost Items” section below), you hereby authorize us (or our third-party payment processor) to charge your Payment Method a non-refundable late fee for every day that we do not receive every Product that comprises such order, up to an amount equal to one hundred percent (100%) of the retail value of the Products not returned to us (for each Product, the “Retail Value”) plus applicable sales tax. The late fee is payable on a per-order, not a per-Product, basis. If you have not returned a Product within twenty (20) days after the specified return date for such Product, your late return will be considered a non-return and you hereby authorize us (or our third-party payment processor) to charge your Payment Method the Retail Value of the Product, minus any late fees that you have already paid, plus applicable sales tax. Please see our  FAQ Section for the current amount we charge for a late fee.

 

If you are charged by BOROBABI for the full Retail Value of a Product pursuant to this “Late Fees” section, you are permitted to retain the Product; however, we do not make, and expressly disclaim, any warranties of any kind with respect to the Product, and the Product is provided to you on an “AS IS” basis. For the avoidance of doubt, this “Late Fees” section shall not apply to the Rental Fee, or fees paid or payable by you for the non-return of Return Packaging (as defined below), each of which will be charged separately from, and in addition to, any late fees. Late fees will not apply to any Products ordered using the Membership Service, unless you Cancel the Membership Service. Payment of any late fees does not excuse your breach of these Terms and does not limit our rights or remedies hereunder.

 

BOROBABI Packaging 

With the delivery of a Product, BOROBABI will provide you with pre-paid, pre-addressed packaging that you can use to return the Product (“Return Packaging”), as well as instructions for returning the Product to BOROBABI. You may not keep, sell, or transfer (other than to us) any BOROBABI-branded garment bags, accessory bags, and accessory boxes (“BOROBABI Packaging”) that we provide to you. If the BOROBABI Packaging is not returned prior to the earlier of (i) sixty (60) days after the return of the associated Product or (ii) the termination, cancellation, or expiration of your Account or Paid Services, you hereby authorize us (or our third-party payment processor) to charge your Payment Method a non-refundable non-return fee for each garment bag, accessory bag, and/or accessory box that is not returned to us. After we charge your Payment Method for the BOROBABI Packaging that you did not return, you are permitted to retain such BOROBABI Packaging; however, we do not make, and expressly disclaim, any warranties of any kind with respect to such BOROBABI Packaging, and the BOROBABI Packaging is provided to you on an “AS IS” basis. Please see our  FAQ Section for the current amount we charge for non-return fees (including for garment bags, accessory bags, and accessory boxes).

 

Use of the Products 

You agree to treat the Products with great care. You are responsible for any loss, destruction, or damage to the Products for any reason (other than normal wear and tear), including due to theft, loss, mysterious disappearance, fire, major stains, or any other cause. Normal wear and tear mean minor stains, rips, missing beads, stuck zippers, or other minor damage that is covered by the insurance you paid for with your rental of the applicable Product. If you return a Product that is damaged beyond normal wear and tear, then you hereby authorize us (or our third-party payment processor) to charge your Payment Method for the price for repairing or replacing the Product, as determined in our discretion, up to the full Retail Value for the Product.

 

Product and Service Descriptions

We may, in our sole discretion, provide listings, descriptions, or images of Products that are available on the Services, as well as references and links to Products, but we do not warrant that the Product listings, descriptions, or images are accurate, complete, reliable, current, or error-free, or that any Products will be available, even if noted as so on our Services. Such information and the availability of any Product are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer (including a smart phone or similar device) will accurately display such colors. The prices displayed for Products and Services are quoted in U.S. dollars, unless otherwise indicated. Prices and availability for Products on our Reserve Service are not confirmed until the applicable Products are shipped; if the actual price of such a Product is higher than our stated price, or if the Product is no longer available, we will contact you for instructions before shipping or cancel your order and notify you of such cancellation. The availability through the Services of any listing, description, or image of a Product does not imply our endorsement of such Product or affiliation with the provider of such Product.

 

Delivery

You must provide us with accurate shipping information, so that we can timely deliver Products to you. You are responsible for providing us with accurate shipping information for deliveries and for keeping the shipping information for your Account up to date. If you provide us with a shipping address that is invalid or where you cannot securely accept Products upon delivery, or if you do not keep your shipping information up to date, you are solely responsible for any resulting loss, theft, or damage to the Products. Following delivery to the designated address, as between you and us, you will be solely responsible for the condition of each Product until you return such Product (including while they are in transit). We reserve the right to reject, cancel, or prohibit any rentals or sales of Products for any reason. Please see our  FAQ Section for more information regarding deliveries.

 

Returns, Extensions, Shipping, and Lost Items

You agree to return each rented Product to BOROBABI on or before the return date for the Product identified in the applicable online invoice for your order. We may, but are not required to, permit you to extend your order for a Product (including by contacting us), subject to pre-payment of any additional fees applicable to that Product for the period of time of the extension. We are not responsible for any personal or other items left in the Products or which are returned to BOROBABI in the Return Packaging. If you believe you have accidentally or otherwise sent any such items to us, please contact customer service as soon as possible at contact@borobabi.com. We may, but are not required to, assist you in attempting to locate such items at your request, and we assume no responsibility or liability if we attempt to locate such items.

 

If you use the Return Packaging that we provide, you must use the shipping carrier specified on the pre-paid shipping label included with the Return Packaging. BOROBABI will not be responsible for loss, theft, or damage to Products that are shipped back to us using any carrier other than the carrier that is specified on our Return Packaging, or for any fees or expenses that you incur due to delays in BOROBABI receiving the Product. BOROBABI does not ship Products outside of the United States, and you may not return Products to us from outside of the United States without our prior written permission.

 

In the event that you lose or damage the Return Packaging that we provide, you will be responsible for returning the Product to us in your own packaging, at your own expense. Furthermore, you acknowledge that using any packaging or shipping carriers other than our Return Packaging and the carrier specified thereon may result in delivery delays and additional delivery fees for which BOROBABI will not be liable. You will be solely liable for all such delays and additional delivery fees.

 

If you are returning a Product using our self-service kiosks, once a Product has been scanned into a kiosk return scanner, it is considered a Product return and you must immediately deposit the Product in the return bin provided. Failure to deposit a Product in the return bin at the self-service kiosk at the time that it is scanned into the kiosk is a violation of our Terms, and we may terminate your Account, charge your Payment Method for the full Retail Value of the Product, and/or take other legal action.

 

For more information regarding Product returns, please refer to our  FAQ Section for the most up-to-date information.

 

BOROBABI Partners

We may, from time to time, permit you to have rental Products shipped to our third-party partners. If you choose to have rental Products shipped to such third-party partners, notwithstanding anything to the contrary in these Terms, you must return such rental Products, using the Return Packaging, to our third-party partners, unless we expressly permit you to otherwise return the rental Products in accordance with these Terms.

 

 

Billing and Payments

 

How Payments Work

When you place a rental order for a Product, you hereby authorize BOROBABI to charge your payment card or other payment instrument (“Payment Method”) for the Rental Fee. You must ensure that at all times your Payment Method is valid and up to date. You are responsible for providing complete and accurate billing and contact information to BOROBABI and notifying BOROBABI of any changes to such information. BOROBABI will charge your Payment Method the amount of the Rental Fee immediately upon your rental order. A reservation of a Product through the Services is an order for the rental of that Product, regardless of how far in advance that Product is reserved. In addition, at the time of your rental order for a Product, you hereby authorize BOROBABI to charge your Payment Method for an amount up to the Retail Value of the Product set forth on the applicable Service plus applicable sales taxes; provided that BOROBABI will only charge your Payment Method for an amount that is greater than the Rental Fee as described below and in the Cost of Services section above. Rental Fees exclude all federal, state, and local taxes, goods and service tax, fees, customs, duties, levies, and other governmental assessments, all of which shall be paid by you directly or, if paid by BOROBABI, shall be paid by you to BOROBABI in connection with your rental order.   

 

We use a third-party payment processor (the “Payment Processor”) to bill you for any Paid Services through a payment account linked to your account (your “Billing Account”). By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen Payment Method. You agree to make payment using that selected Payment Method, but if the Payment Processor is not able to charge your preferred Payment Method, you authorize us to use any Payment Method stored on record for your Billing Account. We reserve the right to suspend or cancel a rental order or terminate your access to the Services in the event that we are unable to successfully charge the provided Payment Method. We are not responsible for errors by the Payment Processor, and we reserve the right to correct any errors or mistakes that we or the Payment Processor make(s) even if we have or our Payment Processor has already requested or received payment. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.  

 

 

How Recurring Billing and Auto-renewal Work

Some of the Paid Services are offered as a subscription that may consist of an initial period, for which there will be an initial charge, followed by recurring period charges as agreed to by you (“Membership Services”). If you choose a Membership Service, your Payment Method will be charged the then-current applicable rate (including all applicable taxes and fees) on the date that you sign up for such Membership Service. This date is your “Billing Date.” The applicable fee will automatically renew, meaning your Payment Method will be automatically charged the then-current applicable rate for the Membership Service during each subsequent month until you Pause or Cancel (each as defined below) the Membership Service or terminate your Account.  Recurring charges will occur on a going-forward basis each month on or about the same date as your Billing Date (however, if your Billing Date does not exist in a given month, you will be billed on or around the last day of that month). The period between your Billing Dates is referred to as a “Billing Period.” As of your first Billing Date, the Membership Services are available to you, subject to these Terms. Your Account will remain active and you will remain eligible to participate in the Membership Services for subsequent Billing Periods after we successfully receive your payment for each applicable Billing Date. If you do not want to continue to be charged on a recurring monthly basis, you must Cancel or Pause the applicable Membership Service or terminate your Account before the end of the then-current Billing Period.

 

To change your Payment Method, go to your  account settingsTo delete a Payment Method or terminate your payment authorization, contact us at contact@borobabi.com. For information on how to Pause or Cancel your account, see below.

 

Information Provided by Customers

You must provide current, complete, and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). If your Payment Method is canceled for any reason (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your User ID or password, you must promptly notify us and update your Payment Method. Changes to such information can be made in your  account settings. IF YOU FAIL TO PROVIDE ANY OF THE REQUIRED INFORMATION OR KEEP SUCH INFORMATION UP-TO-DATE, YOU AGREE AND ACKNOWLEDGE THAT WE MAY CONTINUE CHARGING YOU USING ANY PAYMENT METHOD YOU HAVE ON RECORD, FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT, UNLESS YOU HAVE CANCELLED OR PAUSED YOUR PAID SERVICES OR TERMINATED YOUR ACCOUNT IN ACCORDANCE WITH THESE TERMS. 

Payment Authorization

If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state taxes), we shall provide notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each Billing Period.

 

How to Cancel your Account

You may terminate your Account (“Cancel”) at any time. You must return all Products in your possession in accordance with these Terms no later than the expiration of your then-current Billing Period or the return date in the applicable online invoice (whichever is earlier) to avoid incurring additional charges, including late fees. Please see our  FAQ Section for more information regarding how to Cancel your Account or your Membership Service.  

 

BOROBABI is also free to suspend, limit, or terminate your access to or use of the Services or your Account, for any reason in our discretion, including your breach of these Terms.

 

The following provisions survive expiration or termination of these Terms (or your Account):  “Changes,” “Late Fees,” “BOROBABI Packaging,” “Returns, Extensions, Shipping and Lost Items,” “Your Content,” “Use Restrictions,” “Use of your Content,” “Limitation of Liability,” “Disclaimer of Warranties,” “Indemnity,” “Assignment,” “Choice of Law,” “Arbitration Agreement,” “Taxes,” “Waiver; Severability,” and “Entire Agreement.”

Free trials and Promotions

 

Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. At the end of your free trial or promotion, you will be signed up to use the applicable Paid Service and charged in accordance with these Terms, unless you Cancel the Paid Service in accordance with these Terms. Please note that any payment terms presented to you in the process of using or signing up for a free trial or other promotion are deemed part of these Terms.

 

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Services may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules, as well as our  Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.

 

 

 

CONTENT

 

Ownership and Use of Intellectual Property 

 

Our Content

We and/or our suppliers and licensors own the Products and Services (including related software, code, data, and information relating thereto), and proprietary methods and systems used to provide the Services (collectively, “Our Property”), the materials, text, graphics, data, articles, photos, images, illustrations, information, and other content made available or displayed by us through the Services (collectively, “Our Materials”), and certain of the trademarks, service marks, names, and logos, including, but not limited to, BOROBABI (“Marks,” and together with Our Property and Our Materials, collectively, “Content”). You agree and acknowledge that the Content is: (i) protected by copyrights, (ii) subject to other intellectual property and proprietary rights and laws, and (iii) owned by us or our suppliers and licensors. Except as expressly permitted in these Terms, Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, redistributed, or otherwise used in any way without our prior written permission and the prior written permission of our applicable licensors. 

 

Subject to these Terms, and solely for so long as you are permitted to use the Services, we grant to you a non-transferable, non-sublicensable, non-exclusive, revocable, limited right and license to (a) install, access, and use our App on any single, compatible, personal device that you own or control, and (ii) access and use the other aspects of the Services, in each case solely for your own personal, noncommercial use. The App is licensed (not sold) to you. If you fail to comply with any of the terms or conditions of these Terms, you must immediately cease using the App and remove (that is, uninstall and delete) the App from your mobile device. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in or attached to any Content, and that you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize, or otherwise exploit for any purpose any Content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in these Terms), create derivative works based on, or otherwise exploit any of the Content or Services. You may not use our trade names, trademarks, service marks, or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any right to use any trade names, trademarks, service marks, or logos without the express prior written consent of the owner.

 

Your Content

 

Anything that you post, upload, share, store, provide, or otherwise make available through the Services is a “User Submission.” We do not guarantee any confidentiality with respect to your User Submissions, and they may be viewable by others. You are solely responsible for all User Submissions that you submit or otherwise provide to the Services. You represent that (a) all of your User Submissions are accurate, complete, up-to-date, and in compliance with these Terms and all applicable laws, rules, and regulations, and (b) you own or have the necessary rights, licenses, consents, and permissions, without the need for any permission from or payment to any other person or entity, to exploit and to authorize us to exploit your User Submissions in all manners contemplated by these Terms. You waive all moral rights in User Submissions which may be available to you in any part of the world and confirm that no such rights have been asserted. No User Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any User Submissions.

 

In addition, if you provide to us any ideas, proposals, suggestions, or other materials (“Feedback”), whether related to the Services or otherwise, such Feedback will be deemed a User Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited, and without restriction, and does not place BOROBABI under any fiduciary or other obligation.

 

You hereby grant to BOROBABI and our affiliates a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable (through multiple tiers), and transferable (in whole or part) worldwide license to use, edit, truncate, aggregate, reproduce, transmit, display, exhibit, distribute, prepare, index, comment on, modify, create derivative works of, display, perform, and otherwise fully exploit User Submissions in connection the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting, marketing, advertising, and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats (whether now existing or hereafter created or discovered) and through any media channels, whether now existing or hereafter created or discovered (including, without limitation, third-party websites and feeds). 

 

We have the right, but not the obligation, to monitor, scan, intercept, review, analyze, store, alter, or remove any information (including all User Submissions received from you), and to monitor, review or analyze your access to or use of the Services, in each case, by manual, automated or other means, and in each case for any purpose, including such purposes as may be described in the Privacy Policy. We may take appropriate action against you or your User Submissions if you violate our rights or the rights of any third party or any other provision of these Terms. This may include, but is not limited to, removing or modifying User Submissions, terminating your account, and/or reporting you to law enforcement authorities. You acknowledge that all Content, including User Submissions, accessed by you while using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. 

 

 

Use Restrictions

You represent, warrant, and agree that you will not post, upload, share, store, provide, or otherwise make available any User Submission, otherwise access or use the Content, Products or Services or interact with the Services in a manner that:

 

Infringes, misappropriates, or otherwise violates the intellectual property rights or any other rights of anyone else (including BOROBABI):.

 

Violates any law, rules, or regulation, including, without limitation, any applicable export control laws or privacy laws;

 

Is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, libelous, tortious, obscene, indecent, pornographic, vulgar, unlawful, hateful, or threatening to any group defined by race, religion, gender, national origin, or sexual orientation or otherwise offensive or objectionable, or is for any commercial purpose or is used for any purpose not reasonably intended by BOROBABI;

 

Jeopardizes the security of your or any other BOROBABI user’s Account (such as by allowing someone else to log in to your Account);

 

Attempts, in any manner, to obtain the BOROBABI User ID, password, Account, or other security information of or from any other BOROBABI user or impersonates any other person, including but not limited to a BOROBABI representative;

 

Violates the security of any computer network, or cracks any passwords or security mechanisms or encryption codes, or introduces viruses, worms, Trojan horses, spyware, or other computer code, file, or program that is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;

 

Runs a “Maillist,” “Listserv,” any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interferes with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);

 

Restricts or prohibits any other person from using the Services;

 

Frames or mirrors any portion of the Services, or otherwise incorporates any portion of the Services into any product or service, without our express prior written consent;

 

Removes or obscures any copyright, trademark, or other proprietary notice from the Services;

 

Uses any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site, without our express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, BOROBABI grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. BOROBABI reserves the right to revoke such permission either generally or in specific cases, at any time and without notice;

 

Systematically copies or stores any portion of the Content; 

 

Decompiles, reverse engineers, disassembles or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Products or Services, except to the extent that such restriction is expressly prohibited by applicable law; 

 

Displays material that exploits children under 18 years of age or posts, collects, or discloses any personal information (including names) or private information about such children; or

 

Posts or transmits any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests or any other businesses or services.

 

You are also responsible for obtaining, maintaining, and paying for all hardware and all telecommunications and other services needed to access or use the Services. A violation of any of the foregoing is grounds for termination of your right to use or access the Services. 

 

 

Third Party Materials

Certain Services functionality may contain links or connections to, or otherwise make available access to, third-party websites, services, information, services, products, or other materials that are not owned or controlled by BOROBABI (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. When you access or use any Third Party Materials, you are directing us to access, route and transmit to you the applicable Third Party Materials. Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions, and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).

 

BOROBABI has no control over, does not endorse, and assumes no responsibility for, any Third Party Materials, including the content, accuracy, validity, timeliness, reliability, completeness, quality, legality, usefulness, safety, or practices of or opinions expressed in any Third Party Materials. In addition, BOROBABI has no obligation to monitor, verify, censor, or edit the content of any Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or in part) through the Services at any time. In addition, the availability of any Third Party Materials through the Services does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you access or use. By accessing or using the Services, you release and hold us harmless from any and all liability arising from your access to or use of any Third Party Materials. 

 

If there is a dispute between participants on this site or Services, or between users and any third party, including in connection with any Third Party Materials, you agree that BOROBABI is under no obligation to become involved and you are solely responsible for such disputes.

 

 

Ratings and Reviews

Our Services may allow you to rate and post reviews of Products. Any ratings or reviews provided by you are considered User Submissions and are governed by these Terms. Ratings and reviews are not endorsed by BOROBABI, and do not represent the views of BOROBABI or of any affiliate or partner of BOROBABI. BOROBABI does not assume liability for any ratings and reviews or for any claims, liabilities, or losses resulting from or relating to ratings or reviews. We reserve the right to modify, remove, or exclude any rating and/or review for any reason at any time, without notice.

Copyright Infringement Claims

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 available on the Services infringe your copyright, you (or your agent) may send to BOROBABI a written notice by mail, email, or fax, requesting that BOROBABI remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to BOROBABI a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See  http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to BOROBABI as follows: by mail to BOROBABI CO.., 175 Varick St. NY, NY 10014; by email to  contact@borobabi.com; or by phone via 201-218-0805.

 

 

Additional Terms for Mobile Applications

 

In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to these Terms and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to BOROBABI in accordance with the “Information or Complaints” section below. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the usage rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of the terms and conditions of the Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. Notwithstanding the foregoing, BOROBABI’s right to enter into, rescind, or terminate any variation, waiver, or settlement under these Terms is not subject to the consent of any third party.

 

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE BOROBABI PARTIES (AS DEFINED BELOW) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE PRODUCTS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) U.S. DOLLARS OR (II) THE AMOUNTS PAID BY YOU BOROBABI IN CONNECTION WITH THE SERVICES IN THE TWELVE (12)-MONTH PERIOD PRECEDING THE FIRST EVENT GIVING RISE TO A CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO NEW JERSEY RESIDENTS OR TRANSACTIONS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE BOROBABI PARTIES DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICES AND THE BOROBABI PARTIES SHALL NOT BE LIABLE FOR ANY INTERRUPTIONS OR ERRORS RELATED THERETO. 

 

DISCLAIMER OF WARRANTIES

Neither BOROBABI nor its licensors, suppliers, partners, parent, subsidiaries, or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives, and agents, and each of their respective successors and assigns (Rent the BOROBABI and all such parties together, the “BOROBABI Parties”) make any representations or warranties concerning the Services, including without limitation regarding any content contained in or accessed through the Services or any Products, and the BOROBABI Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages, or liabilities arising out of or in any way related to your participation in or use of the Services. We make no warranty that the Products or Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Products, or Services, or that defects in the Products or Services will be corrected. The Services may become unavailable due to maintenance or malfunction of computer equipment or other reasons. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from the download of any material in any way related to the Services and/or our Content. No advice or information, whether oral or written, obtained by you from us through the Services or otherwise will create any warranty, representation, or guarantee not expressly stated in these Terms.

 

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES, PRODUCTS, CONTENT, AND ANY THIRD PARTY MATERIALS ARE PROVIDED BY BOROBABI (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS,” “WHERE IS,” AND “AS AVAILABLE” BASIS, AND BOROBABI HEREBY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

 

Couriers

BOROBABI may from time to time engage third-party couriers (“Couriers”) to facilitate delivery of Products. Couriers are independent contractors and not employees, partners, agents, joint ventures, or franchisees of BOROBABI. BOROBABI shall not be liable or responsible for any delivery services provided by Couriers, or any errors or misrepresentations made by any of them. If you opt to have Products delivered by Courier, you agree to bear responsibility for receipt of Products shipped to the delivery location specified at time of check out. BOROBABI highly recommends that you provide a secure location where you can physically receive Product(s) (including from a Courier), and BOROBABI does not bear liability for Products left unattended, by you, a Courier, or otherwise. You hereby acknowledge that BOROBABI does not supervise, direct, control, or monitor a Courier’s provision of services. Any interactions or disputes between you and a courier are solely between you and that courier. BOROBABI and its licensors shall have no liability, obligation or responsibility for any interaction between you and any courier.

 

Consent to Receive Periodic Messages

By using the Services, you consent to receiving communications from us, including informational text messages (such as for purposes of notifying you about the status of your order, sending you reminders, facilitating secondary authentication, and providing other transactional information) to the phone number that you provide by any means, including through an automated telephone number dialing system. You represent and warrant that you are the owner of the phone number that you provide when you create an Account. Standard text messaging and data rates charged by your mobile carrier may apply to the text messages we send you, and any and all such charges, fees, taxes, or costs are your sole responsibility. You may opt out of receiving communications by following the unsubscribe procedures we provide to you. In the case of text messages, you may opt out by replying “STOP” to a text message you receive from us or by emailing contact@borobabi.com. You acknowledge that opting out of receiving communications may impact your use of the Services. Please note also that you will need to opt out of communications for each Service that you sign up for. You agree to indemnify and hold BOROBABI harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.

 

Export Control  

You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.

 

Indemnity 

You agree to indemnify and hold the BOROBABI Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, fees, and expenses (including attorneys’ fees) arising from or in any way related to any claims, suit, action, or demand (“Claims”) relating to (i) your access to and use of the Services (including any actions taken by a third party using your account) and any Products rented from us (including any failure to return such Products), (ii) your User Submissions, (iii) your violation of these Terms, or any applicable law, rules, or regulation, (iv) your infringement, misappropriation, or other violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right, and (v) any dispute or issue between you and any third party, including any Courier, Product merchant, or other third party. In the event of such Claim, we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).