Welcome to goBaby, a peer-to-peer rental marketplace for baby and child equipment (the "Site") provided by goBaby Tech, Inc. ("goBaby" "we," or "us"). These Terms of Service ("Terms") describe the terms and conditions that govern your use of and participation in goBaby services, including the Site, mobile device software applications ("Apps"), applications for third-party web sites and services, and any other mobile or web services or applications offered by goBaby (collectively the "Service").
For the purposes of these Terms, "you" means each person using the Service. All visitors, users, and others who access the Site and/or Service, including you and any persons that you authorize to use your account, may be referred to in these Terms as the "User."
Our Service; Member Accounts
goBaby provides a platform that connects owners of various baby/child equipment, such as a stroller, car-seat, high-chair, crib, toys (each an "Item") interested in making their equipment available for rent ("Owners") and individuals interested in renting an Item ("Renters"). In order to rent or list an Item on goBaby, you will need to establish a member account ("Account"). By applying for an Account, you give us permission to disclose certain of your personal information to third parties for verification purposes, and to obtain additional information about you. goBaby may accept or reject account applications in our sole discretion.
You may not use another member's Account, permit anyone else to use your Account, or assign or otherwise transfer your Account to any other person or entity. When applying for and creating your Account, you must provide accurate and complete information, and keep such information updated and accurate throughout the term of these Terms. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify goBaby immediately of any breach of security or unauthorized use of your Account. goBaby will not be liable for any losses caused by any unauthorized use of your Account.
You may control your Member profile and how you interact with the Service by changing the options in your Settings page. By providing goBaby your email address, you consent to our using the email address to send you Service-related email, including any notices required by law, in lieu of communication by postal mail. By providing goBaby your cell phone number, you consent to our using the phone number to send you Service-related SMS messages. You may not opt out of Service-related emails or SMS messages. We may also use your email address and/or cell phone number to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such messages, you may opt out or change your preferences in your Settings page. Opting out may prevent you from receiving messages regarding updates, improvements or offers.Policies and Procedures; Rental Confirmations; Feedback.
When you use the Service to conduct a Rental, you will be required to agree to a rental contract. The Rental Contract is an agreement between an Owner and a Renter. goBaby is not a party to the Rental Contract.
Both Renters and Owners are encouraged to submit feedback to the Service following the completion of each Rental. We may block you from any further use of the Service until you have submitted such feedback.Service Rules
In using the Service or the App, you agree not to engage in any of the following prohibited activities:
goBaby may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if in goBaby’s sole determination you violate any provision of these Terms. goBaby also retains the right to remove or suspend listings for any reason, including a violation or suspected violation of these Terms. All aspects of the Service are subject to change or elimination at goBaby’s sole discretion. goBaby reserves the right to interrupt the Service with or without prior notice for any reason. You agree that goBaby will not be liable to you for any interruption of the Service, delay or failure to perform.User Content
Some areas of the Service may allow you to post feedback, comments, questions, images and other information ("User Content"). You are solely responsible for any User Content that you upload, publish, display, link to or otherwise make available (hereinafter, "post") on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand that goBaby does not guarantee any confidentiality with respect to any User Content.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains contact or other information in an attempt to circumvent the Service or avoid fees in connection with your use of the Service; or (ix) contains any information or content that you know is not correct and current.
You agree that any User Content that you post does not and will not violate third- party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy. goBaby reserves the right, but is not obligated, to reject and/or remove any User Content that goBaby believes, in its sole discretion, violates these provisions.
For the purposes of these Terms, "Intellectual Property Rights" means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
goBaby takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. goBaby is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and you agree that goBaby shall not be liable for any damages you allege to incur as a result of such User Content.Other Users
You are solely responsible for your interactions with other goBaby Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. goBaby shall have no liability for your interactions with other Users, or for any Users’ action or inaction, with respect to Rentals or the Service. You acknowledge that goBaby does not offer transportation and/or delivery services. Instead, the Service allows Renters and Owners to transact Rentals directly with each other. While we may help facilitate successful transactions and the resolution of disputes, we do not guarantee the quality, safety, truth or accuracy of Rentals, User Content, or other services or transactions available via the Service.
If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes or your use of the Services.License Grant
You retain all your ownership rights in your User Content. By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to goBaby a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with goBaby’s (and its successors’ and affiliates’) business. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under these Terms.Fees; Billing; Payments
Fee Schedule and Billing Policies. You agree to the fees and charges, terms of sale, payment and billing policies applicable to your use of the Service as stated in our Rental Contract. goBaby may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. All fees and charges for your use of the Service are non-refundable, except as may be expressly stated in the Rental Contract.
Payments. If you are an Owner, you may set the Rental fee for your Item as permitted by the Service; provided, that you must list your Item for a nominal value (i.e., you cannot list your Item for free). When establishing your Account, you will be required to create a Stripe Marketplace account, which will be used to process payments. goBaby shall not be responsible for processing payments. All payments will be posted directly into you Stripe Marketplace account less transaction fee and any applicable delivery charges. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your Stripe Marketplace account, which may include required tax information for certain Owners whose annual payments will exceed $600, or as otherwise required by applicable law. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. If you dispute any payment made hereunder, you must notify goBaby in writing within thirty (30) days of any such payment; failure to so notify goBaby shall result in your waiver of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by goBaby. No other measurements or statistics of any kind shall be accepted by goBaby or have any effect under these Terms.Availability
goBaby uses reasonable efforts to ensure that the Service is available 24 hours a day, 7 days a week. However, there will be occasions when the Service may be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of goBaby. goBaby will use commercially reasonable efforts to minimize such disruption where it is within the reasonable control of goBaby. You agree that goBaby shall not be liable to you for any modification, suspension or discontinuance of the Site or the Service. YOU UNDERSTAND AND AGREE THAT THE SITE AND SERVICE ARE PROVIDED "AS-IS" WITHOUT ANY WARRANTY OF ANY KIND. You are responsible for obtaining access to the Site and any third party fees (such as Internet service provider or airtime charges) that you incur.Exclusive Ownership of Rights
The Service and any software used in connection with the Service contain proprietary and confidential information that is protected by intellectual property laws in applicable jurisdictions. You acknowledge and agree that information and materials presented through the Service are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by us, you agree not to modify, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Service, in whole or in part. Any commercial use of the Service, or any portion thereof, by you is strictly prohibited.
goBaby grants you a personal, non-transferable and non-exclusive right and license to use the Service on a computer, mobile device, or other Internet device; provided that you do not (and do not allow any third party to) copy, reproduce, distribute, reverse engineer or otherwise exploit any content, code, data or materials on the Service. You agree not to modify the Service in any manner or form, nor to use modified versions of the Service for any purpose. We do not grant any license or other authorization to any user to use our trade names, trademarks, service marks or other marks or logos or those of our partners without our separate express written agreement. Third party marks are the property of their respective owners.
Any questions, comments, suggestions, or materials submitted to us through the Service will become our sole property. We will own all rights in such materials, and have the unrestricted right to use, publish and otherwise disseminate such information for any purpose, without attribution or compensation.External Links
From time to time goBaby may provide links that will take you to third party website or application. These links are provided for your convenience only. If you decide to access linked website or application you do so at your own risk. goBaby does not endorse or take responsibility for the content on other website or the availability of other website and you agree that goBaby is not liable for any loss or damage that you may suffer by using other websites.Amendment
We reserve the right to amend these Terms from time to time without notice. Your continued use of the Service constitutes acceptance of any amendments, additions, or modifications to these Terms.Eligibility
This Service is intended solely for people (18) years of age or older, and any registration, use or access to the Service by anyone under 18 is strictly prohibited. goBaby reserves the right to limit or restrict access by any person, in our sole discretion.Privacy
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.Indemnity
You agree to indemnify and hold harmless goBaby and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, physical or emotional damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code. You will defend goBaby from and against any such claims at goBaby’s request.Disclaimer of Warranties
The information and services on this Service are provided "as is" and for informational purposes only. goBaby makes no representations or warranties to the accuracy or completeness of User Content, including but not limited to User Content provided with respect to condition of an Item or its safety. goBaby makes no representations or warranties that the Service will be suitable for your needs, is complete, timely, reliable, or free from errors, inaccuracies or typographical mistakes. goBaby disclaims all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose or non-infringement of the rights of others, including but not limited to warranties with respect to condition of an Item or its safety, and disclaims all such representations and warranties. We do not warrant that the Service will be free of errors or viruses, worms or other destructive or harmful code.Limitation of Liability
IN NO EVENT SHALL GOBABY OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE, THE APPLICATION, AND THE SERVICES OFFERED HEREBY, OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED FIVE DOLLARS ($5.00). THE ABOVE LIMITATION MAY NOT APPLY IN ALL JURISDICTIONS OR TO ALL USERS. IF YOU ARE NOT IN AGREEMENT WITH THE FOREGOING, YOUR SOLE REMEDY IS TO TERMINATE DISCONTINUE USE OF THE SITE.
The Service is controlled and operated from its facilities in the United States. goBaby makes no representations that the Service is appropriate for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.Governing Law
Any questions, comments or suggestions, including a report of any violation of these Terms, should be provided to us firstname.lastname@example.org