TERMS & CONDITIONS

Liability Waiver

 

OVERVIEW

This website is operated by Comfort Baby Rentals. Throughout the site, the terms “we”, “us” and “our” refer to Comfort Baby Rentals. Comfort Baby Rentals offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. 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 of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 1 - RENTAL TERMS

Client hereby agrees to rent from Comfort Baby Rentals, and Comfort Baby Rentals hereby agrees to rent to Client, certain rented equipment. The rental period shall run from the date that the rented equipment is delivered and/or made available for pick-up, until such date that the rental equipment is returned. Comfort Baby Rentals shall make no reimbursement for unused time or unused rented equipment. Client agrees to return rented equipment at the time arranged to avoid additional rental fees. Client authorizes Comfort Baby Rentals to charge credit card on file for any additional fees. Client agrees to notify Comfort Baby Rentals in advance if rental period needs to be extended. Client authorized Comfort Baby Rentals to charge credit card on file for additional fees. Client hereby understands and agrees that Client shall be subject a delivery fee of $30.

 

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (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.

 

SECTION 3 - MODIFICATIONS TO THE SERVICE + PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue our services (or any part or content thereof) without notice at any time. We shall not be liable to the Client for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 4 - PRODUCTS OR SERVICES

We cannot guarantee the Client will receive exact equipment pictured. Product will be of the same quality and safety rating. We reserve the right, but are not obligated, to limit the rental of our equipment 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 equipment that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.

 

SECTION 5 - ACCURACY OF BILLING + ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. 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. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. 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.

 

SECTION 6 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

 

SECTION 7 - ERRORS, INACCURACIES + OMISSIONS

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, offers, delivery charges, delivery times and equipment availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

SECTION 8 - LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

You expressly agree that your use of, or inability to use, the rental equipment is at your sole risk. The equipment delivered to you (except as expressly stated by us) is 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.

In no case shall Comfort Baby Rentals, 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 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 our rental equipment or any products procured, or for any other claim related in any way to your use of our rental equipment 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 our rental equipment 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.

 

SECTION 9 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Comfort Baby Rentals and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 10 - 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.

 

SECTION 11 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 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, or when you cease using our site. 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).

 

SECTION 12 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 13 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Bonney Lake, WA, 98391, United States.

 

SECTION 14 - CHANGES TO TERMS OF SERVICE

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. You can review the most current version of the Terms of Service at any time at this page.

 

SECTION 15 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@comfortbabyrentals.com.