Rental Terms & Conditions

Rental Terms and Conditions 

 

These Rental Terms and Conditions (the "Terms") constitute a binding agreement between you and Pish Posh Baby. ("other names," "we," or "us") with respect to your rental from Pish Posh Baby online product rental service, operated through Pish Posh Baby website with a homepage at https://www.shoppishposhbaby.com/, its subdomains, mobile applications and websites (the “Site”), which service allows members to rent products on a flexible basis (the “Service”). Our rental to you of the Rental Products (as defined below), and your rights to access and use the same, is subject to your acceptance of all terms and conditions set forth herein.

 

PLEASE READ THESE TERMS CAREFULLY. BY CLICKING “I ACCEPT”, BY PLACING AN ORDER FOR RENTAL OF ANY RENTAL PRODUCTS, OR BY ACCEPTING DELIVERY OF ANY RENTAL PRODUCTS, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND BY SUCH OTHER TERMS, CONDITIONS, POLICIES, AND DOCUMENTS THAT MAY BE INCORPORATED HEREIN BY REFERENCE, INCLUDING, WITHOUT LIMITATION, THE Pish Posh Baby TERMS OF SERVICE AND PRIVACY POLICY; (B) AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR HAVE REACHED THE AGE OF MAJORITY IN THE JURISDICTION WHERE YOU RESIDE); AND (C) IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER ORGANIZATION, REPRESENT AND WARRANT THAT YOU HAVE THE ORGANIZATIONAL AND LEGAL AUTHORITY TO ACCEPT THESE TERMS ON SUCH COMPANY’S OR OTHER ORGANIZATION’S BEHALF AND TO BIND SUCH COMPANY OR ORGANIZATION. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT RENT, ORDER FOR RENTAL, PURCHASE OR ACCEPT DELIVERY OF, ANY RENTAL PRODUCTS FROM Pish Posh Baby.

 

THESE TERMS REQUIRES THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS, IN ACCORDANCE WITH THE TERMS OF SECTION 13 (“DISPUTE RESOLUTION”) BELOW.

 

Pish Posh Baby MAY REFUSE TO RENT OR OTHERWISE TERMINATE YOUR RENTAL OF ANY RENTAL PRODUCTS FOR YOUR NONCOMPLIANCE WITH ANY PART OF THESE TERMS. THESE TERMS ARE VOID WHERE PROHIBITED BY LAW, AND ANY RIGHTS TO ACCESS OR USE THE SERVICE OR RENT OR PURCHASE ANY RENTAL PRODUCTS HEREUNDER ARE REVOKED IN SUCH JURISDICTIONS.

 

You acknowledge that these Terms are entered into pursuant to and as part of the Pish Posh Baby Terms of Service, which have previously been, or are concurrently being, accepted by you. By accepting and agreeing to be bound by the terms of these Terms, you affirm your acceptance of and agreement to be bound by the Pish Posh Baby Terms of Service.

 

1.Modifications to the Agreement.

 

Pish Posh Baby reserves the right to modify or change these Terms, as well as the fees and other amounts charged for any rentals made available hereunder, at any time and in its sole discretion. Any modifications or changes will be effective immediately upon posting at the Site, unless otherwise specified in the updated Terms. You waive any right you may have to receive specific notice of any modifications or changes. Your continued use of the Service, including the continued use of any Rental Products made available to you hereunder, in any manner confirms your acceptance of these Terms and any changes or modifications made to these Terms.

 

IF YOU DO NOT AGREE TO ANY CHANGES OR MODIFICATIONS MADE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SERVICE AND RETURN TO Pish Posh Baby ALL RENTAL PRODUCTS RENTED BY YOU AT THE SPECIFIED ADDRESS LISTED ON YOUR RENTAL ACCOUNT.

 

2. Rentals.

 

(a) Online Orders. Subject to and conditioned upon your compliance with the terms of These Terms, you may request to rent from Pish Posh Baby certain products (“Rental Products”) by submitting an order through the Service or by contacting our customer service team. You agree that any order so submitted is an offer to rent, under these Terms, the identified Rental Products. All orders are subject to acceptance by Pish Posh Baby. Pish Posh Baby may choose not to accept orders at its sole and absolute discretion, even after Pish Posh Baby has sent you a confirmation email with your order number and the details of the Rental Products you have ordered for rental. When you place an order for Rental Products directly with Pish Posh Baby customer service team (including via phone or email), you authorize Pish Posh Baby to access your user account on the Service (“Rental Account”) in order to reflect the order and allow the order to be viewable through your Rental Account.

 

(b) Rental Period. In the event that Pish Posh Baby accepts an order submitted by you, Pish Posh Baby will rent to you for the minimum period stated on the product page.  The rental period with respect to a specific Rental Product shall commence on the date that the Rental Product is delivered to you and will continue until terminated in accordance with the terms hereof (“Rental Period”). This is a subscription model. The Rental Period for our Rental Product will automatically renew until your return of the Rental Product in accordance with the procedures set forth in Section 5(b).

 

3.Rental Products.

 

(a) Rental Products. You agree and acknowledge that Rental Products made available to you for rent hereunder are likely to have been previously used, and you shall have no right to refuse delivery of any Rental Products solely on the basis that the Rental Products have been previously used. All Rental Products are deep-cleaned and sanitized in accordance with Pish Posh Baby standard procedures prior to delivery. You agree and acknowledge that Rental Products may appear different in color and style than the photos displayed on the Site.

 

(b)Title to Rental Products. Except for Rental Products purchased in accordance with the terms hereof as part of a Buy-out Purchase (as defined below), Pish Posh Baby shall have and retain title to all Rental Products, and you acquire no ownership, title, right, equity or interest in the Rental Products, other than the limited rental rights contemplated hereby. You understand and acknowledge that your subscription for any Rental Products  is a rental and not a conditional sale or financing agreement. You may not grant a security interest of any kind in the Rental Products rented by you, and you agree to keep any such Rental Products free and clear from all levies, attachments, liens, and encumbrances.

 

(c) Assembly. Some Rental Products may require minor assembly following delivery. You are solely responsible for such assembly and you hereby release Pish Posh Baby and its licensors and service providers from any responsibility or liability with respect to the same. Please consult and closely follow all Manufacturer Instructions (as defined below) relating to assembly of the Rental Products. Should you have any questions with respect to the proper assembly of Rental Products, please contact the manufacturer of the applicable Rental Product.

 

(d) Installation. Some Rental Products may require minor installation prior to use. You acknowledge that Pish Posh Baby is not licensed for, and does not provide, in-home delivery services. Accordingly, you are solely responsible for any such installation. You hereby release Pish Posh Baby and its licensors and service providers from any responsibility or liability with respect to the installation of Rental Products. Please consult and closely follow all Manufacturer Instructions relating to the installation of any Rental Products. Should you have any questions with respect to the proper installation of Rental Products, please contact the manufacturer of the applicable Rental Product.

 

(e) Rental Product Defects. Pish Posh Baby uses commercially reasonable efforts to carefully inspect all Rental Products prior to rental. You agree and acknowledge, however, that some manufacturer or other defects may not be detectable at all times and may be outside of the reasonable control of Pish Posh Baby. In the event that any Rental Products rented to you hereunder are found to be defective during the Rental Period, please cease use of the applicable Rental Product immediately and contact Pish Posh Baby at [email protected].  Where such defect is not caused by the misuse of the Rental Product or any violation by you of these Terms or any Manufacturer Instructions (as defined below), Pish Posh Baby agrees to promptly replace the defective Rental Product with another unit of the same kind. All determinations as to the cause of defects and whether any Rental Product is eligible for replacement shall be made by Pish Posh Baby in its sole discretion. If no replacement Rental product is available as determined by Pish Posh Baby in its sole discretion, a complete refund will be issued by Pish Posh Baby.

 

(f)Exchange of Rental Products. If you are dissatisfied with any Rental Product or otherwise determine that a Rental Product does not meet your needs, you may cancel your rental. Your subscription will cease once your return of the Rental Product in accordance with the procedures set forth in Section 5(b). There are no monetary refunds or credits with respect to any rental fees and other charges are fully earned upon  payment and are non-refundable.

 

(g) Cancelation of Orders. Prior to receiving your order, you may cancel your order if the Rental Products have not yet left our warehouse. Please email and notify our customer service. Once the order has shipped, you may cancel your order any time up and until 1 (one) day prior to your subscription renewal date. If you cancel your order on the same day as your subscription renewal date, you will be charged for the renewal. All cancellations following shipment of the applicable Rental Products are effective solely as of the end of the current Rental Period.

 

(h) Recalls. Pish Posh Baby reserves the right to exchange for a similar or equivalent product any Rental Product that is or becomes subject to any product recall or potential consumer safety issue. You agree to immediately cease all use of any Rental Product upon notice from Pish Posh Baby of any recall or safety issue, and to cooperate fully with Pish Posh Baby in completing an exchange of any such Rental Product. If a similar or equivalent product cannot be provided by Pish Posh Baby through reasonable commercial efforts, Pish Posh Baby may terminate your subscription for the applicable Rental Product upon written notice to you.

 

4. Use Restrictions and Obligations.

(a) Appropriate Use. You are solely and exclusively responsible for any and all use of the Rental Products during the Rental Period, whether by you or by any third party (whether authorized by you or otherwise). You shall (and shall ensure that all other persons accessing or using the Rental Products during the Rental Period) use the Rental Products: (i) in a careful, safe, and proper manner, consistent with the purpose intended; (ii) in compliance with all applicable laws, rules, and regulations; and (iii) in compliance with all manufacturer manuals, instructions, and warnings provided or available to you (“Manufacturer Instructions”). Please review and ensure you are familiar with and understand all Manufacturer Instructions. Without limiting any of your obligations hereunder, you understand and acknowledge that you are solely responsible for ensuring that all Rental Products are used, cleaned, operated, and maintained during the Rental Period in strict accordance with all Manufacturer Instructions. Please do not permit smoking near any Rental Products.

 

(b) Restrictions. You shall not, and shall not permit any other person to: (i) use the Rental Products for any purpose other than the intended functionality; (ii) except for any Rental Products purchased hereunder as part of a Buy-out Purchase, (a) alter, disassemble, or attempt to repair or change the Rental Products in any manner, (b) modify or make any alterations to any Rental Products, other than accessories and components for the particular year, make, and model of the Rental Product approved in writing by Pish Posh Baby or the applicable manufacturer of the Rental Products, (c) sell, transfer, assign, or sublet the Rental Products to any other individual or entity, (d) directly or indirectly create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance, lease, sublease, security interest, restriction, covenant or claim of any kind or nature whatsoever on or with respect to the Rental Products, and (e) use or permit the use of the Rental Products for any commercial purposes; (iii) remove any labeling, warnings, or proprietary notices from the Rental Products; ; or (iv) use the Rental Products in any manner that violates, or is likely to violate, any applicable law, rule, or regulation, or Manufacturer Instructions.

 

(c) Settings and Adjustments. You are solely and exclusively responsible for the selection of any settings offered by the Rental Products and for making any proper adjustments to the Rental Products that may be required to match a child’s height, weight, or preferences. Please consult the Manufacturer Instructions prior to making any such adjustments or selecting any Rental Product settings. You knowingly and voluntarily waive any claim you may have against Pish Posh Baby, its licensors or service providers with respect to the adjustment of Rental Products or the selection of appropriate settings.

 

(d) Service Area Limitations. Rental Products are rented for use exclusively in the service area identified on the Pish Posh Baby Site (“Service Area”). YOU MAY NOT REMOVE RENTAL PRODUCTS FROM THE SERVICE AREA WITHOUT Pish Posh Baby ADVANCE WRITTEN CONSENT. Pish Posh Baby reserves the right to terminate any rental and retake possession of any Rental Products in response to any removal of Rental Products from, or your planned relocation to outside of, the Service Area. You agree to promptly comply with any and all Rental Product return instructions set forth in these Terms  whether such Rental Products are then located inside the Service Area or otherwise.

 

5.Delivery.

 

(a) Delivery. Rental Products rented by you hereunder will be delivered to you at the address set forth in the applicable order. Please be present at the time of delivery to ensure the security of the ordered Rental Products. However, in the event that you are not present to receive the Rental Products, Pish Posh Baby’s delivery personnel may, at their discretion, leave the Rental Products at the address set forth in the applicable order (including, without limitation, on the doorstep). All Rental Products deposited at the address set forth in the applicable order, whether received personally by you or otherwise, shall be deemed delivered by Pish Posh Baby. Upon such delivery, you assume all risk with respect to the Rental Products, including, without limitation, any risk of loss. You shall also receive an email notifying you of the Rental Product delivery. Should any issue arise, please contact our customer service immediately.

 

(b) Return. Upon completion of the Rental Period (other than in the case of a Buy-out Purchase) or termination of your subscription for any Rental Products in accordance with the terms hereof, , you must return all applicable Rental Products to the designated address listed by Pish Posh Baby. You may return Rental Products by providing the Rental Products to the selected Pish Posh Baby courier service  during a scheduled pick-up, or by following such other return procedures as Pish Posh Baby may designate from time to time. YOU MUST PROVIDE Pish Posh Baby WITH NO LESS THAN TWENTY FOUR (24) HOURS NOTICE OF YOUR INTENT TO RETURN ANY RENTAL PRODUCT. Notice of the Rental Product return can be made on your Rental Account. Rental Products shall not be considered returned until such Rental Products are in the possession and control of Pish Posh Baby personnel, and you will remain liable for any rental fees or other amounts accruing prior to your return of the Rental Products. All Rental Products must be returned in their original packaging.

 

(c) Scheduling. Although Pish Posh Baby endeavors to deliver and pick up all Rental Products within the scheduled window, traffic and other delays outside of Pish Posh Baby’s control  may impact the timeliness of deliveries and pick-ups. Pish Posh Baby will use reasonable efforts to inform you of any delays, however, Pish Posh Baby, its licensors and service providers shall have no liability to you for any failure to deliver or pick-up all Rental Products within the scheduled window. Please review your order prior to both delivery and pick-up of Rental Products to ensure that your contact information, including the delivery/pick-up address and phone number, is accurate and complete. You agree that Pish Posh Baby and/or its third-party service providers may contact you via phone or other method with information regarding delivery and/or pick-up. You must be present at the delivery or pick-up address, as applicable, shown on your order during your scheduled pick-up/delivery time.

 

(d) Rescheduling. You may reschedule a delivery or pick-up of Rental Products at any time prior to twenty four (24) hours before your originally scheduled window. Your failure to be present for any scheduled pick-up or delivery of Rental Products, or your cancelation or rescheduling of any pick-up or delivery appointment less than twenty four (24) hours before your originally scheduled window may result in the assessment of cancelation fees. In any event, should you select to reschedule, the pick-up must occur at least ONE (1) day prior to the subscription renewal date. If not, you will be charged for the Rental Product subscription period fee in accordance with the terms hereof.

 

(e) Condition of Rental Products on Return. Pish Posh Baby wants you to feel comfortable using the Rental Products rented to you hereunder. Normal wear and tear, is expected. All returned Rental Products shall be in good condition, repair, and working order, ordinary wear and tear excepted. For basic wear and tear (as determined by Pish Posh Baby in its sole discretion), a complete refund of any applicable deposit fee will be made to your credit card account 5-10 working days after inspection by Pish Posh Baby and/or its third party service provider. Should the damages exceed the standard of basic wear and tear (as determined by Pish Posh Baby in its sole discretion), your deposit will be used to repair the Rental Product. In the case of complete loss or damage to the Rental Product (as determined by Pish Posh Baby in its sole discretion), you are responsible, up to an amount equal to 50% of the retail price of the applicable Rental Product. All determinations as to the suspected cause of loss or damage, or the ability of any damage to be repaired, shall be made by Pish Posh Baby and/or its third party service providers in their sole discretion and shall be final. You hereby authorize Pish Posh Baby to charge your Payment Method the foregoing amounts.

 

6.Purchase of Rental Products.

 

(a) Buy-out. Subject to the terms hereof, at any time during the Rental Period you can submit an order to purchase your Rental Product through your Rental Account (“Buy-out Purchase).  The price of the Buy-out Purchase will appear once you select the ‘buy’ button (“Buy-out Price”). All orders for Buy-out Purchases are subject to acceptance by Pish Posh Baby. Pish Posh Baby may choose not to accept orders at its sole and absolute discretion, even after Pish Posh Baby has sent you a confirmation email with your order number for the applicable order.

 

(b)Terms of Purchase. All Buy-out Purchases are made on an “as-is” basis, and are final and non-refundable. You agree and acknowledge that you fully release Pish Posh Baby, its licensors and service providers from any and all liability for any defects in Rental Products subject to any Buy-out Purchase, whether such defects are latent or otherwise. You agree and acknowledge that your rental of the Rental Products and your obligations with respect thereto (including, without limitation, your obligation to pay rental fees and other amounts) shall remain in full force until the effective date of any applicable Buy-out Purchase.

 

7. Term and Termination.

 

These Terms shall remain in full force and effect while you use the Service. Pish Posh Baby may terminate or restrict your access to any or all of the Service (including your ability to rent Rental Products) or your Rental Account, for any reason, and without warning, and Pish Posh Baby reserves the right to discontinue or modify any aspect of the Service (including the offered Rental Products) at any time. Any termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. Upon termination of these Terms, (i) you will remain liable for any accrued charges and amounts which become due for payment before or after termination; and (ii) you must immediately return to Pish Posh Baby any Rental Products which are rented by you in accordance with the terms hereof at the date of termination.

 

8.Rental Fees and Other Charges.

 

(a) Payment Method. In order to rent, submit an order to rent, or effectuate a Buy-out Purchase of any Rental Products, you must have a current valid credit card or other payment method acceptable to Pish Posh Baby  ("Payment Method"). By providing a Payment Method to Pish Posh Baby, you are expressly authorizing Pish Posh Baby to charge to you the rental fees and other amounts applicable to your rental of Rental Products, at the applicable frequency and at the then-current rate, and to charge you the Buy-out Price for any Buy-out Purchase requested by you. Pish Posh Baby will bill all applicable rental fees and other fees and amounts in advance and to the Payment Method you listed in your Rental Account, or to a different Payment Method if you provide us with a different Payment Method in connection with the applicable purchase.

 

(b) Rental and Other Fees. You will pay to Pish Posh Baby the rental fee, Buy-out Price, service fee, deposit fee  and other charges   set forth on the Site. All the charges applicable to your rental and/or purchase of Rental Products shall be as posted on the Site checkout and charged to your payment method. Recurring subscription fees will be charged to your Payment Method. In the event of the renewal of any subscription for the rental of Rental Products, you will automatically receive an invoice to your email address listed in your Rental Account. ALL RENTAL FEES AND OTHER CHARGES ARE FULLY EARNED UPON PAYMENT AND ARE NON-REFUNDABLE, AND Pish Posh Baby  DOES NOT AND WILL NOT PROVIDE REFUNDS OR CREDITS WITH RESPECT TO ANY RENTAL OR PURCHASE OF RENTAL PRODUCTS, INCLUDING FOR ANY PARTIALLY-USED RENTAL TERMS.

 

(c) Rental Cancelation. You may cancel your subscription for the rental of any Rental Product any time.  Rental Products shall not be considered returned until such Rental Products are in the possession and control of Pish Posh Baby personnel, and you will remain liable for subscription rental fees until the Rental Product is returned or picked up by the Pish Posh Baby selected courier service. Should you wish to terminate your subscription prior to the expiration of the Rental Period there are no monetary refunds or credits with respect to any rental fees and other charges are fully earned upon  payment and are non-refundable. YOU MUST PROVIDE AT LEAST TWENTY FOUR (24) HOURS WRITTEN NOTICE OF YOUR INTENT TO RETURN ANY RENTAL PRODUCT. The Rental Products must be collected by the selected Pish Posh Baby courier at least twenty four (24) hours prior to the automatic renewal date. If your cancellation request is made less than twenty four (24) hours prior to the automatic renewal date, you will be charged for the renewal. All subscription renewals are non refundable and no credits are given. 

 

(e) Taxes. All fees and other charges payable by you hereunder are exclusive of taxes, duties, levies, tariffs, and other governmental charges (including, without limitation, VAT) (collectively, “Taxes”). You are responsible for payment of all Taxes and any related interest and/or penalties resulting from any payments made hereunder, other than any taxes based on Pish Posh Baby net income.

 

9.Privacy. You acknowledge and agree that all information collected by Pish Posh Baby is subject to our Privacy Policy. By accessing or using the Service, you consent to all actions we take with respect to your information in compliance with our Privacy Policy.

 

10.Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE  AND ALL RENTAL PRODUCTS RENTED TO YOU, PURCHASE BY YOU OR OTHERWISE MADE AVAILABLE HEREUNDER ARE PROVIDED "AS IS" AND PISH POSH BABY AND ITS LICENSORS AND SERVICE PROVIDERS HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. PISH POSH BABY, ITS LICENSORS AND SERVICE PROVIDERS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUALITY, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. Pish Posh Baby, ITS LICENSORS AND SERVICE PROVIDERS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, SUITABILITY, QUALITY OR SAFETY OF THE RENTAL PRODUCTS, OR ANY OUTCOMES THAT YOU MAY OBTAIN BY USING THE SAME. Pish Posh Baby, ITS LICENSORS AND SERVICE PROVIDERS MAKES NO WARRANTY OF ANY KIND THAT THE RENTAL PRODUCTS WILL MEET YOUR OR ANY OTHER PERSON’S OR ENTITY’S REQUIREMENTS OR EXPECTATIONS, BE AVAILABLE WITHOUT INTERRUPTION OR DELAY, ACHIEVE ANY INTENDED RESULT, BE FREE OF DEFECTS OR ERRORS, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. ANY USE OF THE RENTAL PRODUCTS BY YOU, DIRECTLY OR INDIRECTLY (INCLUDING BY ANY MINOR OR OTHER INDIVIDUAL ACCESSING THE RENTAL PRODUCTS RENTED BY YOU), IS AT YOUR SOLE RISK.

 

YOU ARE SOLELY RESPONSIBLE FOR ASSESSING THE SUITABILITY OF ALL RENTAL PRODUCTS, AND YOU ASSUME ALL RISKS IN CONNECTION WITH THE SAME. WHERE ANY RENTAL PRODUCTS REQUIRE INSTALLATION OR ASSEMBLY, YOU INSTALL AND/OR ASSEMBLE SUCH RENTAL PRODUCTS AT YOUR OWN DISCRETION AND RISK. CERTAIN RENTAL PRODUCTS MAY PERMIT YOU TO CHOOSE SETTINGS, AND THE SETTING YOU CHOOSE MAY CAUSE NON-RECOMMENDED OR UNINTENDED OPERATION OF THE RENTAL PRODUCTS. YOU ARE SOLELY RESPONSIBLE FOR, AND Pish Posh Baby, ITS LICENSORS AND SERVICE PROVIDERS HEREBY DISCLAIMS, ANY AND ALL LIABILITY, LOSSES, AND OTHER DAMAGES RESULTING FROM YOUR INSTALLATION, ASSEMBLY, OR USE OF THE RENTAL PRODUCTS, INCLUDING, WITHOUT LIMITATION, RESULTING FROM THE CHOICES YOU MAKE FOR THE PARTICULAR SETTINGS FOR RENTAL PRODUCTS.

 

YOU ARE SOLELY RESPONSIBLE FOR OPERATING, STORING, MAINTAINING, AND OTHERWISE USING THE RENTAL PRODUCTS MADE AVAILABLE TO YOU HEREUNDER IN FULL COMPLIANCE WITH ALL MANUFACTURER INSTRUCTIONS AND WARNINGS AND ALL DIRECTIONS PROVIDED TO YOU BY Pish Posh Baby AND/OR ITS THIRD PARTY SERVICE PROVIDERS.

 

11.Indemnity. You agree to defend, indemnify and hold harmless Pish Posh Baby, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorney's fees) arising out of or relating to (i) your violation of these Terms, including, but not limited to, any access to or use of the Rental Products in any manner not expressly authorized hereunder, (ii) your violation of any applicable laws, rules, regulations, or Manufacturer Instructions, (iii) your installation or assembly of any Rental Products, and (iv) your failure to comply with any instructions provided to you by Pish Posh Baby and/or its third party service providers with respect to the Rental Products, including, but not limited to, any instructions to cease use of Rental Products in the event of any defect, recall, or other safety issue.

 

12.Limitation of Liability.

IN NO EVENT WILL Pish Posh Baby AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY DAMAGES BASED ON LOST PROFITS, BUSINESS, OR DATA, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, UNDER OR IN RELATION TO THESE TERMS OR IN CONNECTION WITH THE RENTAL PRODUCTS OR ANY RESULTS FROM YOUR USE THEREOF, EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

 

IN NO EVENT WILL THE COLLECTIVE AGGREGATE LIABILITY OF Pish Posh Baby AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING UNDER OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL AMOUNT PAID TO RENBIZZ UNDER THIS AGREEMENT IN THE ONE YEAR PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

 

Notwithstanding the foregoing, applicable law in some jurisdictions may not allow the limitation or exclusion of certain damages or liability, such as damages or liability arising from our willful misconduct, and the limitations and exclusions will not apply to damages or liability to the extent that such damages or liabilities cannot be excluded or limited under applicable law. However, to the extent that in a particular circumstance any exclusion or limitation of damages or liability set forth in these Terms are prohibited by applicable law or held to be unenforceable, then the limitations on damages and liability in these Terms will apply to the maximum extent permitted by applicable law in that particular circumstance.

 

13.Dispute Resolution.

All disputes will be resolved by the courts in a particular jurisdiction.” with “Any dispute, claim or controversy arising out of, connected with, or relating to these Terms will be submitted to the sole and exclusive jurisdiction of the competent court located in the State of New Jersey. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED ON OR WITH RESPECT TO THESE TERMS OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR RELATING OR INCIDENTAL HERETO.

 

 

 

 

14.Miscellaneous.

 

(a) Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder to any other person without Pish Posh Babys prior written consent. Any purported assignment in violation of this paragraph is void and of no effect. These Terms are freely assignable by Pish Posh Baby. These Terms shall be binding on the parties and their permitted successors and assigns.  Pish Posh Baby’s licensors and service providers are third party beneficiaries of these Terms and will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

 

(b) Governing Law. Any dispute arising from or related to These Terms, your access to or use of the Service, or your rental of any Rental Products hereunder will be governed by and construed and enforced in accordance with the laws of New Jersey, without regard to conflict of law rules or principles. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts located in New Jersey .

 

(c) Force Majeure. We will not be liable for any delay or failure in the performance of our obligations under these Terms if the delay or failure is due to any cause outside of our reasonable control.

 

(d) Notices. Except as otherwise set forth herein, any notice given under these Terms by any party to another party must be in writing and sent by email, and will be deemed to have been given upon transmission. Except as otherwise set forth herein, (i) notices to Pish Posh Baby must be sent to [email protected]and (ii) notices to you will be sent to any email address associated with your Rental Account. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

(e)Severability and Waiver. If any part or provision of these Terms is held by a court of competent jurisdiction to be invalid, unenforceable, or in conflict with the law, that part or provision shall be replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision, and the remainder of these Terms will continue in full force and effect. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If we waive any breach of these Terms, such waiver will not constitute a waiver of any other breach. No waiver will be effective unless made in writing. If you are a California resident, then with respect to any releases included herein you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

 

(f) Entire Agreement. The Terms constitutes the sole and entire agreement between you and Pish Posh Baby with respect to the subject matter hereof, and supersedes and extinguishes all prior agreements, representations (whether oral or written), and understandings regarding such subject matter.