TERMS & CONDITIONS OF USE
Borrow For Your Bump Co., an online rental maternity retailer for professional clothes
Welcome to the BorrowForYourBump.com web site (referred to as the "Site"), a service of Borrow For Your Bump Co., a Nebraska corporation ("B.F.Y.B", "we", or "us"). We maintain this Site as a service to our customers. These Terms & Conditions of Use establish the terms and conditions under which you, the user of the Site (“you”), will submit information to us and purchase or tent clothing and accessories (each a “Product” and collectively “Products”) and receive related services from B.F.Y.B. via the Site. Before you purchase or rent any Products or otherwise use the Site, you must carefully review these Terms & Conditions of Use.
THESE TERMS & CONDITIONS OF USE ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND B.F.Y.B. YOUR CLICKING ON THE BUTTON MARKED “I ACCEPT” AND YOUR ONGOING USE OF THE SITE indicates your acknowledgment that you have read, understand, agree to, and accept THESE TERMS & CONDITIONS OF USE. It is your responsibility to carefully read this Agreement before using this site OR PURCHASING OR RENTING ANY PRODUCTS. If you do not AGREED TO THESE TERMS & CONDITIONS OF USE, you ARE NOT AUTHORIZED TO use this site.
We reserve the right, at our discretion, to update or revise the Terms & Conditions of Use. Please check the Terms & Conditions of Use periodically for changes. Your continued use of the Site following the posting of any changes to the Terms & Conditions of Use constitutes acceptance of those changes.
1. ELIGIBILITY AND AUTHORITY
You must be 19 years or older to use the Site. You represent and warrant that you are 19 years or older and that you have the capacity to understand, agree to, and comply with these Terms & Conditions of Use.
You agree to provide true, accurate, current and complete information about yourself, as prompted during the registration or check-out process, and to maintain and promptly update your information to keep it true, accurate, current and complete. As part of the registration or check-out process, you may be asked to select a password, and you are responsible for maintaining the confidentiality and security of your password. You shall be responsible for all uses of the Site under your login and password (your "account"), whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your account.
You represent and warrant to us that you have full legal authority to complete this registration, purchase, or rental (as applicable) on the Site, including full authority to make use of the credit or debit card to which the purchase price, rental charges, or other fees will be charged. If you are registering or making purchase or rental on behalf of a third party, you further represent and warrant that you have been duly authorized to act as agent on behalf of such party. By proceeding with this transaction, you agree that these Terms & Conditions of Use shall apply equally to you and to any third party for whom you are acting as agent.
2. RENTAL AGREEMENT (for borrowed clothes only)
a. Products Rented. In consideration of the rental price to be paid by you and the covenants and agreements set forth in these Terms & Conditions of Use, we agree to rent to you certain Product(s), as selected by you on the Site (the “Rental Products”) for an initial period of thirty (30) calendar days commencing on the date of delivery (the “Initial Rental Period”) plus any additional 30 Day Extension (as defined under Section 2.g below), in accordance with the terms and conditions of this Agreement. You agree and acknowledge that you are renting the Rental Products for a limited period of time and that ownership of the Products at all times remains with B.F.Y.B, subject to your potential purchase of the Products in accordance with Section 2.g below.
b. Rental Fees; Credit Card Authorizations; Cancellations. The total rental fee (“Rental Fee”) for the Rental Products is equal to the sum of all applicable Monthly Borrowing Fees (defined under Section 2.g below), damage protection charges, and delivery charges, as listed on the Site in connection with your order of the Rental Products. By submitted to us an order for a Rental Product (a “Rental Order”) and providing credit or debit card account information during the registration or check-out process, you hereby represent and warrant that you are the authorized owner of the credit/debit card account and you hereby authorize us to charge your credit card or debit card in payment of the Rental Fee and all other charges due to us hereunder, and, if necessary to initiate adjustments for any transactions credited or debited in error. This authority shall remain in effect until we are notified by you in writing to cancel such authorization in such time and manner as to afford us a reasonable opportunity to act upon it. If any charge authorized hereunder is rejected by your credit card company or bank for any reason (including without limitation insufficient funds or closed account), you agree to pay us the amount of the declined charge.
We will charge your credit card the amount of the initial Monthly Borrowing Fee, damage protection charges, and delivery charges immediately upon your Rental Order. A reservation of a Product on our Site constitutes a Rental Order (and your credit card will accordingly be charged immediately), regardless of how far in advance that Product is reserved. In addition, at the time of your Rental Order, you hereby authorize B.F.Y.B. to charge your credit card for up to 200% of the entire original retail value of that Product set forth on the Site, plus sales taxes (the “Retail Value”); provided that you will only incur such charges in the circumstances set forth in Section 2.g. below. Rental Fees exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by B.F.Y.B, shall be paid by you to B.F.Y.B. at the time of your Rental Order. You may cancel your Rental Order at least seven (7) calendar days prior to the scheduled delivery date, subject to the following cancellation fees: (i) for cancellations that are thirty (30) or more calendar days in advance of such delivery date, no cancellation fee; and (ii) for cancellations that are less than thirty (30) calendar days in advance of such delivery date, full credit that can be applied to a future B.F.Y.B. order.
c. Delivery. We will deliver the Rental Products, including the specified size, color and design, on or before the scheduled delivery date set forth on the Site at the time of your order (which will depend upon the shipping terms which you have selected), except to the extent we informed you in connection with your Rental Order that the specific Rental Product may not be available on the requested date or we otherwise could not guarantee delivery. All deliveries will be through our shipping partners, which may change from time to time at our discretion. The shipping method used will be at our discretion. The Rental Products will be professionally cleaned and delivered ready to wear. We dry clean and inspect each product with the utmost care, but use of the Rental Product is at your own risk and B.F.Y.B. shall not be held liable for any health-related complaints associated with any Rental Product. Rental Products may appear different in color and style than the photos displayed on our Site. Our liability to you for any alleged failure to deliver the Rental Product as ordered is limited to a refund of the Rental Fee (excluding damage protection and delivery charges) as determined by us. See Section 9 below.
d. Sizing Returns. If a delivered Rental Product does not fit you, you may return the Rental Product to us within one day (excluding Sundays and holidays) of the date you received the Rental Product by contacting us via email or phone and returning the Product in conformance with the return procedures in Section 2.g below (a “Sizing Return”). We will then issue you a credit for the full Rental Fee paid by you (less delivery charges) for a future order by you of our Products, so long as the Rental Product, as determined by us in our sole discretion, has not been worn and is otherwise in same condition as delivered to you.
e. Risk of Loss. Upon delivery and at all times thereafter until you return the Rental Products to us in accordance with this Section 2 (the “Rental Period”), you bear sole responsibility for any loss or damage to the Rental Product(s). You acknowledge that a Secure Shipping Address (defined herein) is highly recommended. A Secure Shipping Address is defined as a location where you can physically take possession of a Product(s) at the moment of delivery. In the event that an unsecure shipping address is provided, B.F.Y.B. is in no way responsible for Products left unattended. Furthermore, you acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which B.F.Y.B. has no control and no liability.
f. Use of the Products. You agree to treat the Products with great care, as if it was borrowed from your close friend. Except to the extent you have opted to pay a $5 damage protection charge to cover Minor Damage (defined below), you are responsible for all loss, destruction or damage to the Rental Products during the Rental Period, including without limitation loss due to theft or mysterious disappearance and damage due to fire, stains, rips, or any other cause. If you elect to pay a $5 damage protection charge at the time of your Rental Order, then you are not responsible for minor stains, rips, missing beads, stuck zippers or other damage determined to be minor by B.F.Y.B. in our reasonable discretion (“Minor Damage”). The damage protection charge does not cover loss, destruction, or damage to the Rental Product which renders the Product unwearable without significant repair (“Significant Damage”). If you return a Product that (i) has Minor Damage and you did not pay the damage protection fee at the time of your Rental Order or (ii) has Significant Damage, then you agree that we may charge you, and you agree to pay, for the price for repairing or replacing the Rental Product, as determined in our discretion, up to the Retail Value for the Product.
g. Return of Products; Rental Period; Extensions; Purchase. With delivery of the Rental Product, we will provide you with a pre-paid, pre-addressed envelope as well as instructions for your use in returning the Rental Product to B.F.Y.B. (“Return Packaging”). As described in more detail below, for each thirty day period in which you maintain possession of the Rental Product, you agree to pay the monthly borrowing fee listed on the Site (the “Monthly Borrowing Fee”).
If you wish to avoid additional charges beyond the initial Monthly Borrowing Fee paid at time of order for the Initial Rental Period, you must return the Rental Product(s) to B.F.Y.B. in the Return Packaging no later than the last day of the Initial Rental Period (the initial “Due Date”). If you do not return the Rental Product by the initial Due Date or any extended Due Date thereafter, your Rental Period will automatically extend for an additional 30 day period (a “30 Day Extension”) and your credit card will be automatically charged another Monthly Borrowing Fee for each 30 Day Extension, up to 200% of the Retail Value.
Return of the Product will be accomplished by you placing the Rental Product in the Return Packaging in any appropriate U.S. Postal Service mailbox by 12 p.m. on or before the applicable Due Date. If you lose the Return Packaging and you wish to return the Rental Product and avoid further Monthly Borrowing Fees, you will be responsible for returning the item at your own expense and providing B.F.Y.B. with a tracking number.
We will not charge you more than 200% of the Retail Value, in the aggregate, in Monthly Borrowing Fees. If you pay us 200% of the Retail Value in Monthly Borrowing Fees and you still possess the Rental Product, you will be deemed to purchase the Rental Product and you will be charged a purchase fee equal to five percent (5%) of the Retail Value and, upon such event and payment, we will transfer all right, title and interest in and to such Rental Product to you through no further action, provided such title will transfer on an 'AS IS' basis without any warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to any amounts which may be owed by you in addition to the Monthly Borrowing Fee (including shipping, damage protection charges and taxes).
3. RETURN POLICY – PURCHASED PRODUCTS
You may return purchased Products to B.F.Y.B. and receive store credit by delivering the unworn, unused Product to B.F.Y.B., at your sole expense, within fourteen (14) calendar days following the day the Product is delivered to you. The returned Product must include the original tag still attached, the original receipt, and a detailed description of the reason for the return. Any purchased Products returned after the 14 day return period or otherwise not in accordance with this Section 3 will not be eligible for store credit. The original shipping fee is non-refundable and you are solely responsibility for the return shipping charges and all risk of loss or damage until the returned Product is received and accepted by B.F.Y.B.
4. RULES FOR USE
You agree to abide by all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions that occur under your account. You may not use the Site for any illegal or unauthorized purpose. You agree that you will not harvest or collect information about the users or members of the Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications. You agree that you will not upload, post, display, or otherwise distribute (collectively, "post") to the Site any content, including text, files, images, photos, audio clips, video clips, musical works, works of authorship, links, or other materials (collectively, "Content") that:
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
constitutes unauthorized or unsolicited advertising, or otherwise involves the transmission of junk or bulk e-mail (also known as "spamming"), chain letters, surveys, contests, pyramid schemes, mass distribution lists, or any other form of unauthorized solicitation, or any form of lottery or gambling;
contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
impersonates any person or entity, including any employee or representative of B.F.Y.B.
B.F.Y.B. is not obligated to pre-screen, monitor or edit the Content posted by its users. We assume no responsibility for such Content, no obligation to modify or remove inappropriate Content, and no responsibility for the conduct of the user submitting any such Content. However, we reserve the right to delete any Content that in our sole judgment violates this Agreement or which may be offensive, illegal, or violate the rights or threatens the safety of any person.
5. PROPRIETARY RIGHTS
a. By posting any Content to the Site, you hereby grant to B.F.Y.B. a non-exclusive, fully-paid and royalty-free, worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely in connection with the Site. This license will terminate upon your removal of such Content from the Site.
b. You represent and warrant that (i) you own the rights to all Content posted by you, or are authorized to grant the license set forth in section 3(a) hereof, and (ii) the posting of your Content on the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to the Site.
c. B.F.Y.B. owns and retains all rights in the Site and all Content of B.F.Y.B. contained on the Site (the "B.F.Y.B. Content"). You acknowledge and agree that the Site and the B.F.Y.B. Content, including without limitation all text, software, photographs, graphics, page layout, and design presented through and as part of the Site, are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. We hereby grant you a limited, revocable, non-transferable, non-exclusive license to use the Site in real time and to reproduce and display the B.F.Y.B. Content (excluding any software code) solely for your personal use in connection with viewing and using the Site, in a manner consistent with these Terms & Conditions of Use. Except as expressly authorized by B.F.Y.B, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the B.F.Y.B. Content. Use of the B.F.Y.B. Content for any purpose not expressly permitted in these Terms & Conditions of Use is prohibited.
The entire content (including text and "look and feel" attributes) of the Site is ©2011 Borrow For Your Bump Co. All rights reserved.
d. The Site contains Content of other users and B.F.Y.B. licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display or sell any Content appearing on or through the Site.
6. LINKED CONTENT
We may provide, or third parties may provide, links from our Site to other World Wide Web sites ("Third Party Sites"). These Third Party Sites are not under the control of B.F.Y.B, and you acknowledge that B.F.Y.B. is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content, advertising, products, software, or other material of such Third Party Sites. The inclusion of such a link does not imply endorsement of any Third Party Site by B.F.Y.B. or any association with the operators of the Third Party Site.
B.F.Y.B. reserves the right, in its sole discretion, to terminate your access to all or any part of the Site at any time, or to discontinue temporarily or permanently the Site, with or without notice. You acknowledge and agree that termination of access to the Site may be effected without notice, and acknowledge and agree that we may immediately deactivate your account and delete your Content.
You agree to defend, indemnify and hold harmless B.F.Y.B. from and against all claims, liabilities, losses, and expenses (including reasonable attorneys' fees) due to or arising out of your use or misuse of the Site, your violation of these Terms & Conditions of Use, any Content you submit, post, transmit, or otherwise make available through the Site, any infringement committed by you (or any other user of your account) of any other intellectual property or other right of any person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defense.
9. DISCLAIMERS OF WARRANTY
EXCEPT FOR ANY LIMITED WARRANTY EXPRESSLY PROVIDED UNDER THESE TERMS & CONDITIONS OF USE, ALL SOFTWARE, MATERIALS, INFORMATION, AND SERVICES AVAILABLE ON OR THROUGH THE SITE (THE "CONTENT") AND ALL PRODUCTS RENTED OR PURCHASED HEREUNDER, ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE PRODUCTS AND CONTENT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NO ORAL OR WRITTEN INFORMATION, ADVICE, OR ASSISTANCE PROVIDED BY B.F.Y.B. OR ITS EMPLOYEES, REPRESENTATIVES, OR OTHER AGENTS SHALL BE DEEMED TO CREATE A WARRANTY. B.F.Y.B. DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE UNINTERRUPTED, ERROR FREE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR RISK.
BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
10. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL B.F.Y.B. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF B.F.Y.B. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (A) YOUR USE OF OR INABILITY TO USE THE SITE, (B) YOUR RENTAL OR PURCHASE OF ANY PRODUCT THROUGH THE SITE, OR (C) ANY OTHER MATTER RELATED TO THE SITE. UNDER NO CIRCUMSTANCES WILL B.F.Y.B’S AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH YOUR USE OF THE SITE, EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY B.F.Y.B. FROM YOU IN CONNECTION WITH SUCH ACTION.
YOUR SOLE AND EXCLUSIVE REMEDY AND OUR SOLE AND EXCLUSIVE LIABILITY FOR ANY ALLEGED BREACH OF OUR OBLIGATION TO DELIVER RENTAL PRODUCTS OR PRODUCTS PURCHASED HEREUNDER SHALL BE, AT OUR OPTION, (A) OUR COMMERCIALLY REASONABLE EFFORTS TO REPLACE THE NON-COMFORMING PRODUCT(S) IN A TIMELY MANNER OR (B) A REFUND OF YOUR RENTAL FEE OR PURCHASE PRICE (AS APPLICABLE), EXCLUDING DAMAGE PROTECTION AND DELIVERY CHARGES.
BECAUSE CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, B.F.Y.B’S LIABIILTY IN SUCH JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
11. AFFILIATES AND AGENTS OF B.F.Y.B
The provisions of the above Sections regarding Indemnification, Disclaimer of Warranties, and Limitation of Liability are for the benefit of B.F.Y.B. and its affiliates, directors, officers, shareholders, employees, representatives, consultants, agents, licensors, suppliers, and information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
12. IDEA SUBMISSIONS
You agree to grant to B.F.Y.B. a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of B.F.Y.B. (such as message boards, forums and chat rooms) by all means and in any media now known or hereafter developed. You hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against B.F.Y.B. for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.
13. INTERNATIONAL USE
B.F.Y.B. makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, including all applicable laws regarding the transmission or exportation of data.
14. ELECTRONIC MEANS
You and B.F.Y.B. desire to facilitate certain transactions pursuant to this Agreement by exchanging documents, records and signatures electronically or by utilizing electronic agents. The use of electronic facilities or agents shall be in accordance with procedures established by B.F.Y.B. and governed by the applicable provisions of the Uniform Electronic Transactions Act as adopted in the State of Nebraska.
15. CHOICE OF LAW AND FORUM
These Terms & Conditions of Use shall be governed by and construed in accordance with the laws of the State of Nebraska, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms & Conditions of Use or your use of the Site shall be filed only in the state or federal courts located in Douglas County, Nebraska, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
16. SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and B.F.Y.B. with respect to your use of the Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and B.F.Y.B. with respect to your use of the Site. If any part of these Terms & Conditions of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of either party to enforce strict performance by the other party of any provision of the Terms & Conditions of Use or to exercise any right under the Terms & Conditions of Use will not be construed as a waiver of any right to assert or rely upon any such provision or right. B.F.Y.B. may assign its rights and obligations under these Terms & Conditions of Use without your consent. We may provide you with notices, including those regarding changes to these Terms & Conditions of Use, by email, regular mail or postings on the Site.