Overview This website is operated by Baby Gear Group LLC. Throughout the site, the terms “we”, “us” and “our” refer to Baby Gear Group LLC.
This Terms of Service agreement (“Terms” or “Terms of Service”) is between you (“you” or “your”) and Baby Gear Group LLC. (“we,” “our,” “us,” or “BGG”), and governs your access to and use of our website located at babygeargroup.com (and any successor site thereto) (the “Site”), and related services, including our product rental and sale services, information, and tools (together with the Site and the Content (include information and tools) (as defined below), the “Services”). These Terms also apply to in-store rentals and sales, which are part of the Services.
Baby Gear Group LLC offers these Services to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site, renting, purchasing something from us, selling or donating something to us, you engage in our Services and agree to be bound by the Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink, posted by us through the Site, or otherwise made available to you by us (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. These Terms apply to all users of the Site or Services, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms carefully before accessing or using our Site or using our Services. By accessing or using any part of the Site or Services, such as renting or purchasing product from us, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
These Terms are a legally binding contract between you and Baby Gear Group. 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 (13) 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.
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 Baby Gear Group 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 or Services 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.
Our website is hosted by Weebly. They provide us with the online e-commerce platform that allows us to rent or sell our products and services to you.
The headings used in this agreement are included for convenience only and shall not be used or relied upon in the interpretation of this Agreement.
Changes Any new features or tools which are added to the current Site shall also be subject to the Terms.
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. Baby Gear Group 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. You can review the most current version of the Terms of Service at any time on this page. It is your responsibility to check this page periodically for changes. 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 Site or 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 or Site.
About Our Services You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the website through which the service is provided, without express written permission by us.
You understand that your content and information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Access By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
To use the Services, you may be required to sign up for an account (your “Account”), 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 submit another person’s name with the intent to impersonate that person. We may reject, or require that you change, any 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 not share an Account with another household.
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 with anyone, and you must protect the security of your Account 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 at any time 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. We reserve the right to refuse service to anyone for any reason at any time. We reserve the right to terminate previously engaged services to anyone for any reason at any time. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Products and Services Baby Gear Group offers items for rental and for sale (“Products”) as part of our Services. Products also include any items that we may purchase or accept from you, regardless of whether you receive compensation for such items.
Our Services include the sale and rental of Products through memberships, trials, or other rental plans. Such Products and Services are described on the Site and may be available through the Site. These Products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of Products or Services or pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product or Service at any time. Any offer for any Product or Service made on this site is void where prohibited.
We do not warrant that the quality of any Products, Services, information, or other material purchased, rented, or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
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 have made every effort to display and describe as accurately as possible the colors and images of our products that appear on our Site. We cannot guarantee that your computer monitor's (including a smart phone or similar device) display of any color will be accurate.
The prices displayed for Products and Services are quoted in U.S. dollars, unless otherwise indicated. Prices and availability for Products 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 Premium or Premium+ status of a Product has changed, 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.
Modifications Prices for our Products and Services are subject to change without notice. Baby Gear Group, at its discretion and without notice, reserves the right to alter the price of a Product or Service, the amount or availability of any discount, or the availability of any particular item.
We reserve the right at any time to modify or discontinue the Products or Services (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Products or Service.
Costs 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 repair, replacement, or retail price plus fees of any Products that are not returned in accordance with our policies, as determined at our sole discretion, and (iii) any 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.
Purchases If you purchase a Product through the Services, the purchase price for such Product (“Purchase Price”) will be the sum of retail price (less any credit or promotional discount), delivery charges, and applicable taxes as listed on the Service or otherwise made available to you for the applicable Product at the time of purchase. You hereby authorize us (or our third-party payment processor) to charge your Payment Method (as defined below) for the Purchase Price when you purchase Products. We will charge your Payment Method the amount of the Purchase Price immediately upon your purchase order. We do not make, and expressly disclaim, any warranties of any kind with respect to any Product that you purchase, and such Product is provided on an “AS IS” basis.
Rentals If you purchase a membership or Product trial, or otherwise rent Product, you will be charged a recurring fee, deposit, applicable taxes, and additional fees ("Plan Fees”) in an amount and on a periodic basis (weekly, monthly, or annually) based on the selected Service plan and your usage. See the Membership page and FAQ section for plan and fee details. Plan Fees include additional fees for services incurred such as in-home delivery, swaps, or pick ups not included in the plan. Plan Fees may change if you change Services. If you have a promotion, you will receive the promotional discount, after which, the Plan Fees will continue at the then current Service plan’s rates.
We reserve the right to alter the Plan Fees or availability of any particular item at our discretion and without notice. You hereby authorize us (or our third-party payment processor) to charge your Payment Method (as defined below) for the Plan Fees on a recurring basis (if applicable), plus any deposits or additional service fees including repair and replacement fees as they are incurred. We will charge your Payment Method the Plan Fees immediately upon your order or other fees immediately as they are incurred. We do not make, and expressly disclaim, any warranties of any kind with respect to any Product that you rent, and such Product is provided on an “AS IS” basis.
Other Products and Services From time to time, we may offer other Products and Services for payment, including informational products. You hereby authorize us (or our third-party payment processor) to charge your Payment Method (as defined below) for the fee of such Products and Services on a recurring basis (if applicable), plus any deposits or additional service fees including repair and replacement fees as they are incurred. We will charge your Payment Method the fees immediately upon your order or other fees immediately as they are incurred. We do not make, and expressly disclaim, any warranties of any kind with respect to any Product or Service that you rent or purchase, and such Product or Service is provided on an “AS IS” basis.
Deposits Some Services require the payment of a refundable deposit. As described above, the deposit is charged to your Payment Method as part of the Plan Fee for your selected Service. If you upgrade Services, you will be charged an additional deposit to meet the requirements of the upgraded Service plan. Any fees incurred by you that are not paid by the termination of the Service plan will be charged against the deposit. Any RR Fees (defined below) that are incurred by you after the termination of the Service plan will be charged against the deposit. If you are owed a balance upon the termination of your Service plan, we will provide you with payment, either a refund to your Payment Method or another method at our sole discretion, within 30 days of our receipt of all rented Products. If your charges exceed your deposit, you hereby authorize us (or our third-party payment processor) to charge your Payment Method (as defined below) for such charges. Baby Gear Group reserves the right to pursue any legal remedies to recover monies due.
Delivery We will charge for additional at-home delivery, swaps, or pick ups that exceed what is included in the selected Service. See the FAQ Section for our current delivery fees.
Repair or Replacement Products must be returned in good working and clean condition and complete with all parts, accessories, labels, tags, and instruction manuals provided to you. If a rented Product is returned incomplete or with damage that exceeds normal wear and tear, you will be charged a repair or replacement fee (“RR Fee”). Examples of chargeable damage include stains that do not come out after a regular washing machine cycle, ripped seams, broken welds, broken zippers, bent frames, broken mechanisms, etc. The RR Fee may include but is not limited to labor, materials, parts, and other items. Baby Gear Group will determine the extent of the Product’s damage at its sole discretion. Baby Gear Group will determine the RR Fee at its sole discretion. For Product that is not returned, totaled, or not able to be repaired, you will be charged an RR Fee up to the retail price of a new Product, in the manufacturer’s newest version, plus applicable taxes, and shipping fees to a Baby Gear Group facility. Selection of replacement Product and retail price shall be at the sole discretion of Baby Gear Group. In the event a Product is discontinued and no newer version exists, Baby Gear Group will select a similar Product as replacement at its sole discretion.
You are responsible for any Product damage, theft, or loss incurred between the time that it has been delivered to your location and it is received back at our facility, including porch theft and during return shipping of Product, and may be charged and RR Fee. You should not leave Products outside unattended to reduce the risk of theft.
Late Fees You will be charged Plan Fees on a periodic basis as long as at least one Product is still in your possession.
If you wish to cancel your Service, you must notify us and return all Products. Your will incur Plan Fees and your Service will not terminate until all Products are returned. If, after your intended cancellation date, Products are still in your possession, we will, at our sole discretion, continue charging you Plan Fees and/or charge you an RR Fee and you may keep the Product. We may choose to charge you recurring Plan Fees for some time, and then an RR Fee later.
If your selected Service plan is for a set time period, such as 1 week, all Products must be returned or shipped using our required carrier by the end of the period. If, after the Service period, Product is still in your possession and you have not communicated your intention to either continue renting or purchasing the Product, then we will, at our sole discretion, charge you recurring Plan Fees and/or an RR Fee and you may keep the Product. We may choose to charge you recurring Plan Fees for some time, and then an RR Fee later.
If Baby Gear Group terminates your Service for any reason, you must return all Products in your possession within 3 days. If, after 3 days, Products are still in your possession, we will, at our sole discretion, charge you an RR Fee.
If you are charged an RR Fee, 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.
Plan Fees are refundable subject to the Cancellation Policy if the Service period has not yet begun. Plan Fees are non-refundable after the Service period has occurred. RR Fees are non-refundable. You may not return Product after you have been charged an RR Fee. If you return Product without our approval, we are not obligated to give you any compensation or to deliver it back to you, and you give up all rights to the Product. We will use or dispose of returned Product at our sole discretion. If you do not wish to keep the Product, you may begin a separate transaction with Baby Gear Group to sell the Product to us for cash or membership credit. However, we are not obligated to accept or purchase the Product from you.
By purchasing any Service, you hereby authorize us (or our third-party payment processor) to charge your Payment Method non-refundable recurring Plan Fees and RR Fees for unreturned Product, up to the retail price of a new Product, in the manufacturer’s newest version, plus applicable taxes, and shipping fees to a Baby Gear Group facility. Selection of replacement Product and retail price shall be at the sole discretion of Baby Gear Group. In the event a Product is discontinued and no newer version exists, Baby Gear Group will select a similar Product as replacement at its sole discretion.
Payment of any RR Fees does not excuse your breach of these Terms and does not limit our rights or remedies hereunder.
Packaging Product is delivered to you in original packaging from the manufacturer or in reusable packaging from Baby Gear Group. For some Products, we 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 us. You may not keep, sell, or transfer (other than to us) any Baby Gear Group-branded reusable bags or packaging (“Reusable Packaging”) that we provide to you. All Products should be returned in either original packaging, Return Packaging, or Reusable Packaging. If the Reusable Packaging is not returned prior to the return of all Product at the termination of your Service, you hereby authorize us (or our third-party payment processor) to charge your Payment Method a non-refundable non-return fee for each Reusable Packaging unit that is not returned to us. After we charge your Payment Method for the Reusable Packaging that you did not return, you are permitted to retain such Reusable Packaging; however, we do not make, and expressly disclaim, any warranties of any kind with respect to such Reusable Packaging, and the Reusable Packaging is provided to you on an “AS IS” basis.
You may not return Reusable Packaging after the non-refundable non-return fee has already been charged. If you return Reusable Packaging without our approval, we are not obligated to give you any compensation or to deliver it back to you, and you give up all rights to the Reusable Packaging. We will use or dispose of returned Reusable Packaging at our sole discretion.
Please see our FAQ Section the current amount we charge for packaging non-return fees.
Taxes You will be responsible for paying, withholding, filing, and reporting all federal, state, and local goods and services taxes, duties, customs, duties, levies, and other governmental assessments associated with your activity in connection with the Services (including any purchase or rental of any Products and Membership Services), provided that Baby Gear Group may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.
Other Fees You hereby authorize us (or our third-party payment processor) to charge your Payment Method (as defined below) for any additional fees including RR Fees as they are incurred, such as the following: a) charges for optional services or purchases, if any; b) applicable taxes; c) loss of, or damage or repair to the Product, loss of use, diminution of the Product’s value caused by damage to it or repair to it, and costs to enforce such charges including administrative fees for processing the claim and legal expenses; d) a continued monthly plan rate for late return of the Product or the highest amount allowable under law; e) all expenses we incur due to your failure to return the Product including costs in locating and recovering the Product; f) all costs incurred to collect unpaid monies due; g) twenty-five dollars ($25.00) or the maximum amount allowed by law, whichever is greater, for making payment with insufficient funds; h) replacement costs for any Product not returned, which is calculated as the full retail price of new and latest released model of the Product, plus taxes and delivery to our facility; i) failed delivery, swap, or pick up attempts due to including but not limited to you not being available at the scheduled time or not having Product ready for pick-up, or Baby Gear Group drivers, couriers, or representatives not being able to access your location; and j) unless due to the fault of Baby Gear Group, all fines, penalties, court costs and other expenses relating to the Products or Services assessed against Baby Gear Group or the Product during the Service term.
Billing and Payment You hereby authorize us (or our third-party payment processor) to charge your Payment Method (as defined below) for the Purchase Price or Plan Fees of your selected Service on a recurring basis (if applicable), plus any deposits or additional fees including RR Fees as they are incurred. You hereby authorize us to automatically upgrade your Service and charge higher Plan Fees and deposits accordingly if you opt to upgrade or choose to rent more items than your current Service allows for. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities ordered per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Payments When you place a purchase or rental order for a Product, you hereby authorize Baby Gear Group to charge your payment card or other payment instrument (“Payment Method”) for the Purchase Price, Plan Fees, and all other fees you may incur. 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 us and notifying us of any changes to such information. We will charge your Payment Method the amount of the Purchase Price or Plan Fees plus applicable deposits and taxes immediately upon your 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 Products, you hereby authorize us to charge your Payment Method for replacement price an amount up to the Retail Price of all new Products, in the manufacturer’s newest version, or similar Products, plus applicable taxes and delivery fees to a Baby Gear Group facility; provided that we will charge your Payment Method for an amount that is greater than the Plan Fees and deposits and taxes if you do not return the Product at the termination of your Service.
Plan Fees provided on the site 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 Baby Gear Group, shall be paid by you to Baby Gear Group in connection with your rental order.
We use a third-party payment processor (the “Payment Processor”) to bill you for any Services and process payments for any service using the billing information on your Account. By choosing to use Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such 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 Account. We reserve the right to suspend or cancel an order or terminate your Service 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 upon demand.
Some of the Services are offered as a recurring plan 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 period, such as monthly, 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 period 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 basis, you must Cancel or Pause the applicable Membership Service and return all rented Products or terminate your Account and return all rented Products before the end of the then-current Billing Period.
Baby Gear Group reserves the right to change your Billing Date after your Service begins. In this case, we will charge your Payment Method a prorated rate for the partial Billing Period until the new Billing Date. On or about the new Billing Date, your charges will resume at the then-current rate.
By choosing a recurring Membership Service, you acknowledge that such Paid Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation and return of all rented Products. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR CANCELLED OR PAUSED THE SERVICES OR YOUR ACCOUNT. Such notice will not affect charges that have already been submitted or are in process. Such notice will also not affect charges for the repair or replacement of Product.
Payment Authorization If the amount to be charged to your 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.
Your non-termination or continued use of a Membership Service reaffirms that we (and/or our Payment Processor) are authorized to charge your Payment Method for that Membership Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Membership Service.
Accuracy of Billing and Account Information You agree to provide current, complete and accurate billing and account information for all rentals and purchases made with us. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 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, you must promptly notify us and update your Payment Method. Changes to such information can be made by emailing email@example.com or calling 248-660-0818.
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 SERVICES UNDER YOUR ACCOUNT, UNLESS YOU HAVE CANCELLED OR PAUSED YOUR PAID SERVICES OR TERMINATED YOUR ACCOUNT IN ACCORDANCE WITH THESE TERMS. If we are unable to process any payment, we will contact you for an updated Payment Method. If you do not provide a valid Payment Method within 3 days, we will terminate your Service and all rented Products will need to be returned within 3 days or you will incur an RR Fee.
Delivery & Returns You must provide us with accurate shipping information, so that we can timely deliver Products to you. You are responsible 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.
Rental Returns You agree to return each rented Product to Baby Gear Group on or before the return date for the Product identified in the applicable Service description for your order. We may, but are not required to, permit you to extend your order for a Product, 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 us. If you believe you have accidentally or otherwise sent any such items to us, please contact us as soon as possible at firstname.lastname@example.org. 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.
Baby Gear Group will determine the method of return of each Product, whether by shipping carrier or courier pickup. When returning a Product, you must take care to package the Product safely and securely to prevent damage during transit. You are responsible for any damage or loss during transit.
If a carrier specified, you must use the shipping carrier specified on the pre-paid shipping label provided to you. If you have lost the label, you may contact us for a replacement label. We are not responsible for any shipping fees if you do not use the provided pre-paid shipping label. We will not be responsible for loss, theft, or damage to Products that occur during shipment back to us, or for any fees or expenses that you incur due to delays in Baby Gear Group receiving the Product if you do not use the specified carrier and pre-paid shipping label. Baby Gear Group 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.
If a courier pickup is specified, you must set up a mutually agreeable appointment time with us. Your address must be accessible and the Product must be ready for pickup at the appointment time. We do not recommend leaving any Products unattended while waiting for pickup. If the courier is not able to complete the pickup due to an inaccessible address or Products not ready, you will need to schedule a new pickup. Failed pickups will count against your Service Plan allotment. You will not be refunded any fees for a failed pickup.
If it is mutually agreed to, you may also do a drop-off at a Baby Gear Group location at an appointment time.
You must return items in original packaging, Return packaging, or Reusable Packaging. In the event that you lose or damage the original packaging, Return Packaging, or Reusable Packaging, as applicable, 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 original packaging or Reusable Packaging and the carrier specified on the pre-paid shipping label may result in delivery delays and additional delivery fees for which we will not be liable. You will be solely liable for all such delays and additional delivery fees.
Couriers Baby Gear Group 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 Baby Gear Group. Baby Gear Group 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 on your Account. Baby Gear Group highly recommends that you provide a secure location where you can physically receive Product(s) (including from a Courier), and Baby Gear Group does not bear liability for Products left unattended, by you, a Courier, or otherwise. You hereby acknowledge that Baby Gear Group 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. Baby Gear Group and its licensors shall have no liability, obligation or responsibility for any interaction between you and any courier.
Use of Products and Services We recommend that Products and Services be used only at your primary residence and used only by you or your immediate family. You are responsible for the Products and Services and any damages or charges incurred regardless of who uses the Products and Services, whether authorized or unauthorized by you.
Care You agree to treat the Products with great care. Products can only be used in a careful and proper manner and shall not be used in any way that is inconsistent with Baby Gear Group’s instructions or manuals or Manufacturer’s instructions or manuals. You are required to perform reasonable regular maintenance on the Products such as described in instructions or manuals to keep Products in good working and clean order.
You may not repair, replace, or alter the Products without our prior consent. You must alert us immediately to any damage to the Products. You shall be responsible for any loss or damage to Products and loss of use, diminution of the Product’s value caused by damage to it or repair to it and missing Products.
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 includes gradual fading or discoloration, baby bite marks, stains removed by a standard washing machine cycle, and minor scratches.
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 an RR Fee for repairing or replacing the Product, as determined in our discretion, up to the full retail price of a new Product, in the manufacturer’s newest version, plus applicable taxes, and shipping fees to a Baby Gear Group facility. Selection of replacement Product and retail price shall be at the sole discretion of Baby Gear Group. In the event a Product is discontinued and no newer version exists, Baby Gear Group will select a similar Product as replacement at its sole discretion.
You shall return Products upon the termination of your Service in the same condition as you received it, except for normal wear and tear. You shall return the Products to the agreed return location. If Products are not returned by the termination of Services, Baby Gear Group reserves the right to take any action necessary to regain possession of the Products or charge an RR Fee.
Restrictions You shall not: a) permit the Products to be used by any person who is not authorized to use such Products; b) operate or use the Products or permit it to be operated or used in violation of law; c) operate or use the Products or permit it to be operated or used to commit a violation of law; and/or d) operate, use, maintain or store the Products in a manner likely to cause damage to the Products.
Condition You represent and warrant that (i) each rented or sold Product is of a type, design, quality and manufacture selected by you, acceptable to you and suitable for your purposes, (ii) You acknowledge that Baby Gear Group is not the manufacturer or supplier of the equipment or the representative of either, that Baby Gear Group is not required to enforce any manufacturer’s warranties on behalf of Baby Gear Group or you, and (iii) that Baby Gear Group rents and sells the Products to you “As Is”, without warranty or representation either express or implied, and Baby Gear Group expressly disclaims any warranty, express or implied, as to (a) the title, condition, fitness for use for a particular purpose, design, compliance with specifications, operation, or merchantability thereof, (b) the absence of latent or other defects, whether or not discernable, (c) the absence of infringement of any patent, trademark or copyright, or (d) any other matter whatsoever, it being agreed that all such risks, as between Baby Gear Group and you are to be borne by you. You acknowledge that you have examined the Product upon delivery or in-store pickup and that it is in good condition. BABY GEAR GROUP MAKES NO WARRANTY, EXPRESS OR IMPLIED, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, AND EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Ownership Baby Gear Group shall at all times retain ownership and title to the Products unless the Products are purchased. You shall immediately notify us in the event Products are levied, have a lien attached or are threatened with seizure. You shall indemnify and hold Baby Gear Group harmless against all loss and damages caused by such action. Products shall be deemed at all times to be personal property, whether or not it may be attached to any other property.
Promotions Any free trial or other promotion that provides access to a 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 Service and charged in accordance with these Terms, unless you Cancel the Service in accordance with these Terms. Please note that any 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.
Gift Cards The following additional terms and conditions apply to the sale, use, and redemption of Baby Gear Group physical gift cards and electronic-only “digital” gift cards and gift credits (collectively, “Gift Cards”). Purchase and use of a Gift Card constitutes acceptance of these terms. In addition to the terms in this Section, the purchase, use, and redemption of Gift Cards is considered part of the Services subject to these Terms generally.
Gift Cards may be purchased online or through contacting us. Gift Cards are redeemable only for eligible Services and merchandise through our Services. Limits may apply to Gift Card redemption and use at our discretion, and as stated in the Services, or on the Gift Card packaging. A Gift Card cannot be used to purchase other Gift Cards. When a Gift Card is redeemed, the value of the Plan Fees or other fees will be deducted from the currently available Gift Card balance.
Digital Gift Cards are only issued electronically; no physical card will be provided. The digital Gift Card number will be delivered to the recipient’s email address that the purchaser provides at time of purchase of the digital Gift Card. Purchaser is responsible for providing an accurate and deliverable recipient email address. Recipient will usually receive a digital Gift Card via email within 24 hours. Digital Gift Cards may be redeemed by providing the digital Gift Card number at the time of purchasing a Service or at any time during the Service.
Gift Cards do not expire and are not subject to any fees. Gift Cards are not redeemable or exchangeable for cash (except as required by law). Gift Cards cannot be reloaded and are not refundable. Gift Cards cannot be transferred for value.
You should treat your Gift Card like cash and protect it accordingly. Title to and risk of loss for Gift Cards passes to the purchaser upon sale. Baby Gear Group reserves the right to refuse to accept Gift Cards that we believe were fraudulently or illegally obtained. Baby Gear Group is not responsible if a Gift Card is lost, stolen, destroyed, damaged, or used without permission. Gift Cards will be replaced if lost, stolen, or damaged only with proof of purchase and only for the value shown on our records. Baby Gear Group is not responsible if your Gift Card is used without your permission.
LIMITATION OF LIABILITY IN ADDITION TO THE GENERAL “LIMITATIONS OF LIABILITY” SECTION SET FORTH BELOW, IN THE EVENT THAT BABY GEAR GROUP IS FOUND LIABLE TO YOU FOR A CLAIM ARISING FROM A GIFT CARD, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO RECOVER ACTUAL AND DIRECT DAMAGES WHICH SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR GIFT CARD.
Pausing and Cancelling Services How to Pause We may, but are not obligated to, permit you to put your Membership Service on hold for one or more Billing Periods (a “Pause”). If you wish to Pause your Membership Service, you must return each Product still in your possession by your next Billing Date, in accordance with these Terms, for the Pause to go into effect. If you do not return each Product in your possession prior to your next Billing Date, your Membership Service will not be Paused and you will continue to be charged for the Membership Service. Once Paused, we will provide notice to you on or before the date that your Membership Service reactivates. You can reactivate your Membership Service during a Pause at any time prior to the set date of reactivation, and that the date on which you manually reactivate your Membership Service will become your new Billing Date. Please contact us at email@example.com to initiate a Pause or to reactivate your Membership Service.
How to Cancel You may terminate your Account or your Membership Service (“Cancel”) at any time. If you Cancel your Membership Service, you may use the Membership Service until the end of your then-current Billing Period and your membership will not be renewed after the expiration of your then-current Billing Period. 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 contact us at firstname.lastname@example.org to Cancel your Membership Service.
Please note that you will not receive any refunds for amounts already paid for the Membership Services for Billing Periods already lapsed, and you will still be responsible for payment of any fees or charges (including, without limitation, all Plan Fees) incurred by you prior to termination of your Membership Service and any RR Fees or packaging non-return fees incurred at any time. Membership Services cannot be terminated before the end of the Billing Period for which you have already paid, and except as expressly provided in these terms, Baby Gear Group will not refund any fees that you have already paid.
Baby Gear Group 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,” “Packaging,” “Rental Returns,” “Submissions,” “Prohibited Uses,” “Limitation of Liability,” “Disclaimer of Warranties,” “Indemnification,” “Assignment,” “Governing Law,” “Arbitration Agreement,” “Taxes,” “Waiver,” “Severability,” and “Entire Agreement.”
Referral Program If you have an active Membership Service, you may be eligible to participate in our referral program (the “Referral Program”). More details about the Referral Program can be found in our FAQ Section.
Under the Referral Program, Baby Gear Group may provide you with the opportunity to send invites (each, an “Invitation”) to others to use our Services at a promotional rate (each, a “Referral”). If your Referral is a qualified referral, he or she will receive the promotion indicated on the Invitation when he or she redeems the Invitation, and we may, but are not required to, also provide you a referral credit toward future Paid Services (a “Referral Credit”). A Referral must indicate your name as the person who sent them an Invitation in order for you to receive Referral Credit. Please see our FAQ Section for more details regarding requirements for qualified referrals.
Referral Credits will be reflected in your Account after the requirements for a qualified referral have been met. You may be required to pay taxes, and we may be required to withhold taxes, on the value of redeemed Referral Credits if the value exceeds certain thresholds. We may, in our sole discretion, place limitations or caps on the maximum amount of Referral Credits that you can receive in any period of time. Please see our FAQ Section for limitations or caps on Referral Credits.
You may not redeem Invitations or earn Referral Credits by (i) promoting your Invitation through paid marketing, such as search engine or social media marketing (e.g., Facebook, AdWords, Yahoo), (ii) posting your Invitation on any public forum or coupon site where you are not the primary content owner (e.g., you may post a referral link on your personal social media account, but you may not post it on a site like RetailMeNot), (iii) using the Services in violation of these Terms, or (iv) violating any other restriction that we may impose on participants in the Referral Program.
You may not obtain any cash or money in exchange for Referral Credits. You are responsible for notifying Baby Gear Group if you believe the number of Referral Credits in your Account is incorrect.
Baby Gear Group reserves the right to modify, suspend or terminate the Referral Program, in part or in whole, at any time, for any reason, or, upon reasonable notice to you (including by email), to void or remove Referral Credits from an Account at any time. All Referral Credits will be voided immediately upon termination of these Terms or if you Cancel your Account.
Third Party Tools and Links Optional Tools We may provide you with access to third-party information and tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such information and tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional information or tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Third Party Links Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Content Errors We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
There may be delays, omissions, or inaccuracies in the Services, including the Content. The Services may become unavailable due to maintenance or malfunction of computer equipment or other reasons. You agree that Baby Gear Group is not, and will not be, liable for any such delays, omissions, inaccuracies, or unavailability.
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, BABY GEAR GROUP (“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, you may access and use the aspects of the Services, in each case solely for your own personal, noncommercial use. If you fail to comply with any of the terms or conditions of these Terms, you must immediately cease using the Site and Services. 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.
Submissions Anything that you post, email, submit, upload, share, store, provide, or otherwise make available through the Services, whether at our request or not, is a “Submission.” Submissions include contest entries, creative ideas, photos, reviews, suggestions, proposals, feedback, plans, or other materials, whether sent by online, by email, by postal mail, or otherwise.
We do not guarantee any confidentiality with respect to your Submissions, and they may be viewable by others. Submissions are gratuitous, unsolicited, and without restriction, and does not place Baby Gear Group under any fiduciary or other obligation. We are and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay compensation for any Submissions; or (3) to respond to any Submissions.
You are solely responsible for all Submissions that you submit or otherwise provide to the Services. You represent that all of your Submissions (a) are accurate, complete, up-to-date, and in compliance with these Terms and all applicable laws, rules, and regulations, (b) do not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right, (c) 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 Submissions in all manners contemplated by these Terms, (d) do not contain libelous or otherwise unlawful, abusive or obscene material, and (e) do not contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You waive all moral rights in Submissions which may be available to you in any part of the world and confirm that no such rights have been asserted. No 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 Submissions. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.
You agree that we may, at any time, without restriction, use, edit, copy, publish, distribute, translate and otherwise use in any medium any Submissions that you provide to us. You hereby grant to Baby Gear Group 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 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).
Any ratings or reviews of Products provided by you and other users are considered Submissions and are governed by these Terms. Ratings and reviews are not endorsed by Baby Gear Group, and do not represent the views of Baby Gear Group or of any affiliate or partner of Baby Gear Group. Baby Gear Group 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.
We take no responsibility and assume no liability for any Submissions posted by you or any third-party. You acknowledge that all Content, including 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.
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 Baby Gear Group (“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).
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 Baby Gear Group is under no obligation to become involved and you are solely responsible for such disputes.
Miscellaneous Prohibited Uses In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
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 email@example.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 Baby Gear Group 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.
Termination These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services and return all rented items, or when you cease using our Site and return all rented items.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). We may demand return of any or all rented items, in which case you have 3 days to return the items or you will be charged an RR Fee.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
Third Parties Nothing in these Terms, whether express or implied, is intended to confer any rights or remedies under or by reason of these Terms on any persons other than the parties to it and their respective successors and assigns, nor is anything in these Terms intended to relieve or discharge the obligation or liability of any third persons to any party to these Terms, nor shall any provision give any third persons any right of subrogation or action over against any party to these Terms.
Arbitration Agreement Please read the following Arbitration Agreement carefully (subsections (a) though (f) below will be referenced herein as the “Arbitration Agreement”) because it requires you to arbitrate disputes and claims with BABY GEAR GROUP and limits the manner in which you can seek relief from BABY GEAR GROUP. Both you and Baby Gear Group acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Baby Gear Group’s officers, directors, employees, and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute within thirty (30) days, such dispute shall be finally settled by binding arbitration in accordance with this Arbitration Agreement. The arbitration will proceed in the English language, in accordance with the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Arbitration Agreement (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Unless Arbitrator decides otherwise, each party shall pay one half of the costs of arbitration.
(b) Class Action Waiver. You agree that any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action. Notwithstanding anything to the contrary in this Arbitration Agreement or any other provision of these Terms or in the American Arbitration Association’s Consumer Arbitration Rules, disputes regarding the enforceability, revocability, or validity of the foregoing class action waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (i) the dispute is filed as a class, collective, or representative action, and (ii) there is a final judicial determination that all or part of such class action waiver is unenforceable, then the class, collective, and/or representative action, to that extent, must be litigated in a civil court of competent jurisdiction, but the portion of such class action waiver that is enforceable shall be enforced in arbitration.
(c) Small Claims Court; Infringement. Notwithstanding the foregoing obligation to resolve disputes using arbitration, both you and Baby Gear Group may assert claims, if they qualify, in small claims court in Oakland County, Michigan or any United States county where you live or work. Furthermore, both you and Baby Gear Group will have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
(d) Waiver of Jury Trial. You and baby gear group are each waiving the right to trial by a jury and instead choosing to have claims and disputes resolved by arbitration. Except for disputes that qualify for small claims court, all disputes arising out of or related to these Terms or any aspect of the relationship between you and Baby Gear Group, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved pursuant to this Arbitration Agreement. Except as provided above regarding the class action waiver, such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision. All such matters shall be decided by an arbitrator and not by a court or judge. However, as set forth above, the preceding arbitration requirement shall not apply to disputes to the extent relating to the interpretation or application of the class action waiver above, including its enforceability, revocability, or validity.
(e) Exclusive Venue. In any circumstances where the foregoing Arbitration Agreement permits either you or Baby Gear Group to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing Arbitration Agreement will not apply to either party, and both you and Baby Gear Group agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in Oakland County, Michigan.
(f) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This Arbitration Agreement will survive the termination of your relationship with Baby Gear Group.
Disclaimer of Warranties We do not guarantee, represent or warrant that your use of our Site or Services will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Site or Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all Products and Services delivered to you through the Service are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Neither Baby Gear Group 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 (Baby Gear Group and all such parties together, the “Baby Gear Group 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 Baby Gear Group 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 BABY GEAR GROUP (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS,” “WHERE IS,” AND “AS AVAILABLE” BASIS, AND BABY GEAR GROUP 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.
Indemnification You agree to indemnify, defend and hold harmless Baby Gear Group LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, heirs, executors, administrators, assigns, interns, employees, and all other persons, firms or corporations affiliated in any way with Baby Gear Group from and against any and all claims, liabilities, including negligence, tort and strict liabilities, demands, actions, suits and proceedings, damages (actual and consequential), property damage, personal injury, losses, costs, penalties, 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 Site or 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 Submissions, (iii) your violation of these Terms or the documents they incorporate by reference, 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).
You hereby agree to disclaim, waive and release Baby Gear Group, its heirs, executors, administrators, agents, assigns, and all other persons, firms or corporations affiliated in any way with Baby Gear Group, from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, and particularly on account of any and all injuries, known and unknown, to person or to property or both, which result in any way from the use of the Products rented from Baby Gear Group by you or sold by Baby Gear Group to you. Without limiting the generality of the foregoing, Baby Gear Group will not be held liable for any injury to you, your children, or any other adults or children, or any damage to property by the use of the Products. YOU ARE RENTING AND BUYING THE PRODUCTS AT YOUR OWN RISK. You also acknowledge that you are familiar with, and know how to operate, the Products and are taking full responsibility for using the Products.
Limitation of Liability In no case shall Baby Gear Group LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation personal injury, property damage, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any Products rented or procured using the Service, or for any other claim related in any way to your use of the Service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any Content (or Product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
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 BABY GEAR GROUP PARTIES 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 TO BABY GEAR GROUP 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. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE BABY GEAR GROUP PARTIES DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICES AND THE BABY GEAR GROUP PARTIES SHALL NOT BE LIABLE FOR ANY INTERRUPTIONS OR ERRORS RELATED THERETO.
Severability In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Waiver The failure of either you or us to exercise or enforce, in any way, any right under the Terms shall not be deemed a waiver of any rights hereunder, and the waiver of any breach shall not act as a waiver of subsequent breaches. Baby Gear Group’s acceptance of payment with knowledge of a default by you shall not constitute a waiver of any breach.
Entire Agreement You and Baby Gear Group agree that these Terms are the complete and exclusive statement of the entire mutual understanding between you and Baby Gear Group relating to the subject matter hereof, and that these Terms supersede and cancel all previous, contemporaneous, or conflicting written and oral agreements, communications, and other understandings relating to the subject matter of these Terms (including, but not limited to, any prior versions of the Terms of Service). These Terms can only be modified by Baby Gear Group. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Baby Gear Group, and you do not have any authority of any kind to bind Baby Gear Group in any respect whatsoever.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against Baby Gear Group.
Assignment You may not, without our prior written consent, transfer, assign, or delegate these Terms or any part thereof, or your rights or obligations hereunder, or your Account, in any way (including by operation of law or otherwise). Any attempt to do so shall be a material default of these Terms and shall be void. We may transfer, assign, or delegate these Terms and our rights and obligations (in whole or in part) without your consent or notice to you.
Force Majeure Nonperformance of either party shall be excused to the extent that performance is rendered impossible by strike, fire, flood, governmental acts, orders or restrictions, or any other reason where failure to perform is beyond the control and not caused by the negligence of the non-performing party. Upon giving prompt notice of force majeure to the other party, the party so affected shall be released without any liability being attached to the canceling party or the other so long as the circumstances of force majeure continue. Upon the termination of circumstances of force majeure, performance of both parties shall be required to resume.
Binding Effect Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties hereto, and their heirs, personal representatives, agents, officers, directors, shareholders, partners, servants, employees, successors and assigns, but shall not confer, expressly or by implication, any rights or remedies upon any other party.
Governing Law These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in all respects by the laws of the United States and the laws of the State of Michigan, without regard to the conflicts of laws provisions thereof. The federal and state courts within the State of Michigan shall have exclusive jurisdiction to adjudicate any dispute arising out of these Terms. You hereby expressly consent to (i) the personal jurisdiction of the federal and state courts within Michigan, and (ii) service of process being made upon you by registered mail sent to the most recent address in your Account.
Further Acts Each of the parties hereto shall execute and deliver such other and further documents and instruments, and take such other and further actions, as may be reasonably requested of them for the implementation and consummation of these Terms and the transactions herein contemplated.
Notices All notices, requests, demands, and other communications under these Terms shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the third day after mailing if mailed to the party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, and properly addressed to the addresses set forth above. Any party may change its address for purposes of this paragraph by giving the other parties written notice of the new address in the manner set forth above. Notices, requests, demands, and other communications under these terms shall be deemed to have been duly given on the date of service if served electronically via email or internet.
You acknowledge receipt of a copy of these Terms and acknowledge having read and understood the foregoing. You hereby declare that these Terms have been completely read and are fully understood and voluntarily accepted. You acknowledge that the purpose of these Terms is to induce you to rent or buy Products from us. You acknowledge that you are precluded forever from any claims against us arising out of the rental or sale. By purchasing a Service and using Products or purchasing Products, You are deemed to have accepted these Terms.
Contact Information Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.