Terms And Conditions
| Terms And Conditions | Terms of Service Section 23 of these Terms contains an arbitration agreement and class action waiver that apply to all claims brought against Mowr Rentr in the United States. Please read them carefully. Thank you for using Mowr Rentr! These Terms of Service (“Terms”) are a binding legal agreement between you and Mowr Rentr (“Mowr”) that govern your use of the websites, applications, and other offerings from Mowr (collectively, the “Mowr Platform”). When used in these Terms, “Mowr,” “we,” “us,” or “our” refers to the Mowr entity with whom you are contracting. The Mowr Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book services for the rentals of equipment, tools, machinery, etc. Members who publish and offer services are “Hosts” and Members who search for, book, or use services are “Rentrs.” Hosts offer Rentrs means to rent certain items for use, such as lawn equipment, tools, snowblowers, and a variety of other items (“Rental”) (collectively, “Host Services,” and each Host Service offering, a “Listing”). You must register an account to access and use many features of the Mowr Platform, and must keep your account information accurate. As the provider of the Mowr Platform, Mowr does not own, control, offer or manage any Listings or Host Services. Mowr is not a party to the contracts concluded directly between Hosts and Rentrs, nor is Mowr renting out any equipment of its own. Mowr is not acting as an agent in any capacity for any Member. To learn more about Mowr’s role see Section 16. We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data, and our Payments Terms, which govern any payment services provided to Members by the Mowr payment entities ("Mowr Payments"). If you Host, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Host Services. Guest Terms 1. Our Mission. Our mission is to create an environment where you can obtain tools and equipment with ease anywhere in the United States. From lawnmowers to snowblowers to hammers, browse through thousands of Listings to find the right tools for you. If you have questions, just message the Host. 2. Searching and Booking on Mowr. 2.1 Searching. You can search for Host Services by using criteria like the type of Host Service, equipment, tools and length of use. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, Reviews, customer service and cancellation history, popularity, and previous, Host requirements (e.g. minimum or maximum length of use), and more. 2.2 Booking. When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like Mowr’s service fee, offline fees, taxes, and any other items identified during checkout (collectively, “Total Price”). You are also agreeing that Mowr Payments may charge and collect any security deposit identified during checkout. When you receive the booking confirmation, a contract for Host Services (sometimes called a reservation in these Terms) is formed directly between you and the Host. The cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout form part of your contract with the Host. 2.3 Rental Reservations. A Rental reservation is a limited license to enter, occupy, and use the Rental. The Host retains the right to require a return of any Rental during your use, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Host, and (iii) consistent with applicable law. If you retain a rental past your return date, the Host has the right to impose reasonable late penalties. You may not re-rent any Rental, or assign any Rental to another. 3. Cancellations, Travel Issues, Refunds and Booking Modifications. 3.1 Cancellations and Refunds. In general, if as a Renter you cancel a reservation, the amount refunded to you is determined by the cancellation policy that applies to that reservation. But, in certain situations, other policies take precedence and determine what amount is refunded to you. In general, any rentals that are cancelled within twenty-four (24) hours of the scheduled rental date are eligible for a partial refund of 50% of the rental amount. Host’s, however, are able to create their own cancellation policy, which is to be disclosed prior to any rental. 3.2 Booking Modifications. Rentrs and Hosts are responsible for any booking modifications they agree to make via the Mowr Platform or direct Mowr customer service to make on their behalf ("Booking Modifications"), and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification, if applicable. 4. Your Responsibilities and Assumption of Risk. 4.1 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to use Rental. For example, this means: (i) you are responsible for the use of any Rental, the condition of any Rental through your use, and (ii) you must, at all times, use any Rental in a proper, legal and responsible manner. 4.2 Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Mowr Platform and any Content (as defined in Section 10), including your use of any Rental, use of any other Host Service, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Host Service to determine whether it is suitable for you. For example, Rentals may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services. Host Terms 5. Hosting on Mowr. 5.1 Host. As a Host, Mowr offers you the opportunity to share your Rental with our community of Rentrs - and earn money doing it. It’s easy to create a Listing and you are in control of how you host - set your price, availability, and rules for each Listing. 5.2 Contracting with Rentrs. When you accept a booking request, or receive a booking confirmation through the Mowr Platform, you are entering into a contract directly with the Guest, and are responsible for delivering your Host Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like Mowr’s service fee (and applicable taxes) for each booking. Mowr Payments will deduct amounts you owe from your payout unless we and you agree to a different method. 5.3 Independence of Hosts. Your relationship with Mowr is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Mowr, except that Mowr Payments acts as a payment collection agent as described in the Payments Terms. Mowr does not direct or control your Host Service, and you agree that you have complete discretion whether and when to provide Host Services, and at what price and on what terms to offer them. 6. Managing Your Listing. 6.1 Creating and Managing Your Listing. The Mowr Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Host Service, your price, other charges like cleaning fees, damage fees, security deposits, and any rules or requirements that apply to your Rentrs or Listing. You are responsible for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Host Services and suggest you carefully review policy terms and conditions including coverage details and exclusions. You may only maintain one Listing per Rental, but may have multiple Listings for multiple rentals. 6.2 Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Host Services. If you have questions about how local laws apply you should always seek legal advice. 6.3 Search Ranking. The ranking of Listings in search results on the Mowr Platform depends on a variety of factors, including these main parameters:
6.4 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Mowr Platform except those expressly authorized. 6.5 Your Assumption of Risk. You acknowledge that hosting carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Mowr Platform, offering Host Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the Mowr Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Host Services and that you are not relying upon any statement of law made by Mowr. 7. Cancellations, Travel Issues, and Booking Modifications. 7.1 Cancellations. In general, if a Renter cancels a reservation, the amount paid to you is determined by the cancellation policy that applies to that reservation. As a host, you should not cancel on a Renter without a valid reason. If you cancel on a Renter without a valid reason, we may impose a cancellation fee and other consequences. If a Renter receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Mowr exceeds your payout, Mowr (via Mowr Payments) may recover that amount from you, including by offsetting the refund against your future payouts. 7.2 Renting Modifications. Hosts and Rentrs are responsible for any Renting Modifications they agree to make via the Mowr Platform, and agree to pay any additional amounts, fees or taxes associated with a Renting Modification. 8. Taxes. 8.1 Host Taxes. As a host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable tax or other indirect taxes, income, or other taxes ("Taxes"). 8.2 Collection and Remittance by Mowr. In jurisdictions where Mowr facilitates the collection and/or remittance of Taxes on behalf of Hosts, you instruct and authorize Mowr to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by Mowr are identified to Members on their transaction records, as applicable. Mowr may seek additional amounts from Members (including by deducting such amounts from future payouts) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that Members’ tax obligations, and you agree that your sole remedy for Taxes collected by Mowr is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason. 8.3 Tax Information. In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. General Terms 9. Reviews. After each Host Service, Rentrs and Hosts will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language can be deemed offensive. Reviews are not verified by Mowr for accuracy and may be incorrect or misleading. Mowr has no legal obligation to remove any negative review, unless it is in violation of our policy. 10. Content. Parts of the Mowr Platform enable you to provide feedback, text, photos, audio, video, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant Mowr a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Content, without limitation. If Content includes personal information, our Privacy Policy describes how we use that personal information. Where Mowr pays for the creation of Content or facilitates its creation, Mowr may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Mowr the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy and Nondiscrimination Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that Mowr may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Mowr does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.
11. Fees. Mowr may charge fees (and applicable Taxes) to Hosts and Rentrs for use of the Mowr Platform. More information about when service fees apply and how they are calculated can be found on our Service Fees page. Except as otherwise provided on the Mowr Platform, service fees are non-refundable. Mowr reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 13.2. 12. Mowr Platform Rules. 12.1 Rules. You must follow these rules and must not help or induce others to break or circumvent these rules.
12.2 Reporting Violations. If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Mowr. In addition, if you believe that a Member, Listing or Content has violated our terms, you should report your concerns to Mowr. If you reported an issue to local authorities, Mowr may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report. 12.3 Copyright Notifications. If you believe that Content on the Mowr Platform infringes copyrights, please notify us immediately. 13. Termination, Suspension and other Measures. 13.1 Term. The agreement between you and Mowr reflected by these Terms is effective when you access the Mowr Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms. 13.2 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. Mowr may terminate this agreement and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. Mowr may also terminate this agreement immediately and without notice and stop providing access to the Mowr Platform if you breach these Terms, you violate our Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect Mowr, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice. 13.3 Member Violations. If (i) you breach these Terms, our Policies, or our Standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) Mowr believes it is reasonably necessary to protect Mowr, its Members, or third parties; Mowr may, with or without prior notice:
For minor violations or where otherwise appropriate as Mowr determines in its sole discretion, you will be given notice of any intended measure by Mowr and an opportunity to resolve the issue. 13.4 Legal Mandates. Mowr may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 13.3. 13.5 Effect of Termination. If you are a Host and terminate your Mowr account, any confirmed rental(s) will be automatically cancelled and your Rentrs will receive a full refund. If you terminate your account as a Guest, any confirmed rental(s) will be automatically cancelled and any refund will depend upon the terms of the reservation’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Mowr Platform has been limited, or your Mowr account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Mowr Platform through an account of another Member. 13.6 Survival. Parts of these Terms that by their nature survive termination, will survive termination of this agreement, including Sections 2 through 26. 14. Modification. Mowr may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Mowr Platform and update the “Last Updated” date at the top of these Terms. We may, but are not required to, provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Mowr Platform will constitute acceptance of the revised Terms. 15. [intentionally omitted] 16. Mowr’s Role. We offer a platform that enables Members to publish, offer, search for, and book Host Services. While we work hard to ensure our Members have great experiences using Mowr, we do not and cannot control the conduct of Rentrs and Hosts. You acknowledge that Mowr has the right, but does not have any obligation, to monitor the use of the Mowr Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Mowr Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Members agree to cooperate with and assist Mowr in good faith, and to provide Mowr with such information and take such actions as may be reasonably requested by Mowr with respect to any investigation undertaken by Mowr regarding the use or abuse of the Mowr Platform. Mowr is not acting as an agent for any Member except for where Mowr Payments acts as a collection agent as provided in the Payments Terms. 17. Member Accounts. You must register an account to access and use many features of the Mowr Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Mowr Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify Mowr if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents. 18. Disclaimer of Warranties. We provide the Mowr Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Host Service, Listing or third party; (ii) we do not warrant the performance or non-interruption of the Mowr Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being "verified" (or similar language) indicate only that the Member or Listing or Mowr has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law. 19. Limitations on Liability. Neither Mowr (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Mowr Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Mowr Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Mowr Platform, or (iv) publishing or booking of a Listing, including the provision or use of Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Mowr has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose. Except for our obligation to transmit payments to Hosts under these Terms, in no event will Mowr’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the Mowr Platform, any Content, or any Host Service, exceed: (A) to Rentrs, the amount you paid as a Guest during the 12-month period prior to the event giving rise to the liability, (B) to Hosts, the amount paid to you as a Host in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred U.S. dollars (US$100). These limitations of liability and damages are fundamental elements of the agreement between you and Mowr. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you. 20. Indemnification. To the maximum extent permitted by applicable law, you agree to release, defend (at Mowr’s option), indemnify, and hold Mowr (including Mowr Payments, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Policies or Standards, (ii) your improper use of the Mowr Platform, (iii) your interaction with any Member, use of Rental, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, use, or participation, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. 21. [intentionally omitted] 22. United States Governing Law and Venue. These Terms will be interpreted in accordance with the laws of the State of Michigan, without regard to conflict-of-law provisions. 23. United States Dispute Resolution and Arbitration Agreement. 23.1 [intentionally omitted] 23.2 Overview of Dispute Resolution Process. Mowr is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 23 applies: (1) an informal negotiation directly with Mowr (described in paragraph 23.3, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and Mowr each retain the right to seek relief in small claims court as an alternative to arbitration. 23.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and Mowr each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Mowr by mailing it to Mowr’s agent for service. Mowr will send its notice of dispute to the email address associated with your Mowr account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org). 23.4 Agreement to Arbitrate. You and Mowr mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Mowr Platform, Host Services, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Mowr agree that the arbitrator will decide that issue. 23.5 Exceptions to Arbitration Agreement. You and Mowr each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 22): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief. You and Mowr agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act. 23.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules. 23.7 [intentionally omitted] 23.8 [intentionally omitted] 23.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim. 23.10 Jury Trial Waiver. You and Mowr acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes. 23.11 No Class Actions or Representative Proceedings. You and Mowr acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator. 23.12 Severability. Except as provided in Section 23.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect. 23.13 Changes to Agreement to Arbitrate. If Mowr changes this Section 23 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Mowr (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Mowr. 23.14 Survival. Except as provided in Section 23.12 and subject to Section 13.6, this Section 23 will survive any termination of these Terms and will continue to apply even if you stop using the Mowr Platform or terminate your Mowr account. 24. [intentionally omitted] 25. Miscellaneous. 25.1 Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between Mowr and you pertaining to your access to or use of the Mowr Platform and supersede any and all prior oral or written understandings or agreements between Mowr and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Mowr. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 23.11 above, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. 25.2 No Waiver. Mowr’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law. 25.3 Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Mowr's prior written consent. Mowr may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice. 25.4 Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Mowr via email, Mowr Platform notification, messaging service, or any other contact method we enable and you provide. 25.5 Third-Party Services. The Mowr Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Mowr is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement. 25.6 Google Terms. Some translations on the Mowr Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the Mowr Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service. 25.7 Apple or Android Terms. If you access or download our application from the Apple App Store or Android Play Store, you agree to each respective Licensed Application End User License Agreement. 25.8 Mowr Platform Content. Content made available through the Mowr Platform may be protected by copyright, trademark, and/or other laws of the United States. You acknowledge that all intellectual property rights for that Content are the exclusive property of Mowr and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Mowr Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Mowr grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the Mowr Platform and accessible to you, solely for your personal and non-commercial use. 25.9 Force Majeure. Mowr shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials. 25.10 Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide for your Mowr account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an Mowr account. In the U.S. if you consent to receive SMS (text messages) from us, you will be subject to our SMS Terms. 25.11 Contact Us. If you have any questions about these Terms please email us at support@mowr.app. ______________________________________________________________________________________ MOWR TERMS AND CONDITIONS
* 5.1 Billing Cycle. The subscription(s) fee(s) for the advertising service(s) and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on file. The length of your billing cycle will be every 30 days. Subscription fees are fully earned upon payment. Your payment date may change, for example if your Payment Method has not successfully charged, when you change your subscription plan or if your paid subscription began on a day not contained in a given month. We may authorize your Payment Method in anticipation of subscription or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you check out. 5.2. Payment Methods. To use the Mowr service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details. 5.3 Updating your Payment Methods. You can update your Payment Methods by going to the "Transactions" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s). 5.4. Cancellation. You can cancel your Mowr advertising subscriptions at any time, and you will continue to have access to the Mowr service through the end of your billing period. To cancel, go to the "Transactions" page through the advertising portal and follow the instructions for cancellation. If you cancel your subscriptions, your account will automatically close at the end of your current billing period. To see when your advertisement will end, click "Billing details" on the "Account" page. 5.5. Changes to the Price and subscription Plans. We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes or changes to your subscription plan will take effect following notice to you. 5.6. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used subscriptions periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. |
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