BON VOYAGE BABY RENTALS TERMS OF SERVICE

Last Updated November 2022

Thank you for your interest in Bon Voyage Baby Rentals, LLC (“Bon Voyage Baby Rentals,” “we,” “our,” or “us”). Please read the Terms of Service carefully as it will help you make informed decisions about using our website.  If you have any questions or concerns about our Terms of Service, please contact us at support@bonvoyagebabyrentals.com.

These Terms of Service apply to all visitors to or users of our websites, mobile applications, and/or any related services, sales, marketing or events (collectively the “website”). Terms and conditions related to products offered on this site are listed in the rental agreement. If you have questions about the rental agreement, please contact us at support@bonvoyagebabyrentals.com.

By using the website, you unconditionally accept and agree to the terms and conditions described in the Terms of Service and our Privacy Policy available at bonvoyagebabyrentals.com. By using this website, you represent and warrant that you are 18 years of age or older. If there are any terms or conditions in the Terms of Service that you do not agree with or if you are under 18 years of age, please discontinue use of our website and our services. References to Bon Voyage Baby Rentals includes  Bon Voyage Baby Rentals’ predecessors, successors, assigns, parents, subsidiaries, affiliates, and each of their respective officers, directors, shareholders, employees, and agents.

Internet Communication

The privacy of communication over the Internet cannot be guaranteed because the Internet is not a secure medium. You agree to the Terms of Service and Privacy Policy and that Bon Voyage Baby Rentals is not responsible for any harm, loss, or damage you may incur by the sending of personal or confidential information over the Internet by or to Bon Voyage Baby Rentals.

Copyright Notice, Trademarks, SEO and Use of Website

We retain all rights regarding our trademarks, trade names, brand names, and trade dress, and all associated logos or images (“Trademarks”). These Trademarks are our property and you have not been granted a license to use the Trademarks by your use of the website. The Trademarks, design of the website, and all text, graphics, information, content, processes, and other material displayed on or that can be downloaded from the website are protected by copyright, trademark, patent, and other laws and may not be used except as permitted in these Terms of Service or with our prior written permission. All rights reserved. You may not modify, reproduce, publicly display, perform, distribute, or otherwise use the Trademarks or the information or materials displayed on or that can be downloaded from the website in any way for any public or commercial purpose. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, or otherwise exploit the website or our Trademarks. You may not use our Trademarks or names in metatag keywords, page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines or any other purpose. Any unauthorized use is prohibited. In the event of a violation of these laws and regulations, we reserve the right to seek all remedies available by law and in equity. We reserve the right to block or deny access to the website to anyone at any time for any reason.

User Content

Users may provide us with ratings, reviews, comments, suggestions, enhancement requests, recommendations or other feedback arising out of your experience with the website or services (collectively “User Content”). If you provide User Content, you assign to us all right, title, and interest, including any intellectual property rights therein, in and to the User Content. Further, you understand and acknowledge that we will own all right, title and interest, including intellectual property rights, in and to any changes to the website or services offered by us or any of our affiliates, or any new services developed by us or any of our affiliates, based upon or otherwise incorporating your User Content. You also agree that any User Content is your own, is accurate, and does not contain any offensive or defamatory language.

Third-Party Sites

Websites owned or operated by third parties may contain different Terms of Service, privacy policies, and practices. These Terms of Service do not apply to any other person, entity, organization, or website to or from which the website links or is linked. Users are strongly encouraged to read and regularly review Terms of Service on all websites, whether or not owned by us or affiliated with the sites.

Third Party Links

We may establish links from the website to external websites or resources operated by third parties (“Third-Party Sites”) for your convenience. Third Party Sites also may provide links to the website. We do not endorse the third party, the Third-Party Sites, or any content therein. We do not control and are not responsible or liable for any Third-Party Sites or any content, advertising, products, or other materials on or available from such Third-Party Sites. Access to any Third-Party Sites is at your own risk and we have no liability arising out of or related to such sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third-Party Site.

User Conduct

You shall not: (a) attempt to modify or “hack” the website; (b) access any area on the website which you are not explicitly authorized to access; (c) interfere with, restrict, or inhibit any other user from the use and enjoyment of the website; (d) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (e) provide us with untruthful or inaccurate information; (f) collect or harvest personal information about other users of the website; (g) access the website through the use of an automated mechanism and extract data; (h) jeopardize our reputation or the operation of computer systems owned by us; or (i) fail to comply with all applicable laws regarding your use of the website. To the fullest extent permissible by applicable law, you agree to accept responsibility for all activities that occur under your account or password. We may revoke your right to have an account or to access or interact with our website at any time at our sole discretion. If you are accessing and using the website on someone else’s behalf, you represent that you have the authority to bind that person as a principal to all terms and conditions provided herein and you agree to accept liability for harm caused by that person’s wrongful use of the website.

Disclaimers as to Website

Use this website at your own risk. We make no guarantees that it will always be safe, secure, or error-fee, or that it will function without disruptions, delays, or imperfections. Except as explicitly provided herein, the information, materials and services provided on or through the website are provided “AS IS” without any warranties of any kind, either express or implied, including any warranties of merchantability, fitness for a particular purpose, title, or non-infringement of intellectual property.

Changes

We may, at any time and without liability, suspend, modify, or discontinue all or part of the services. We encourage you to check our website periodically for the most current service offerings. Similarly, we may update the content, including descriptions and specifications about products and services, product and service offerings, and prices. We reserve the right to remove any content (as described below) at any time, for any reason, in our sole discretion, and without notice. We will have no liability for any change in the services, or any suspension or termination of your access to services.

Limitations of Liability

We do not assume any responsibility or liability for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the website, or your downloading of any information or materials from the website. We shall not be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the website, any websites linked to the website, or the materials, information or services contained on any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. In the event of any problem with the website or any content, you agree to cease using the website immediately.  In the event that you are dissatisfied with the services offered on or through this website, you acknowledge that we have made no representations and issued no warranties with respect to such services, and you agree that your sole remedy, if any, is the greater of $100 or the amount you have paid us in the last twelve months. If we fail to enforce any right or provision in these Terms of Service, the failure will not constitute a waiver of that right or provision.

Revisions to these Terms of Service

We may update or revise these Terms of Service at any time by updating this posting. You should visit this page from time to time to review the then current Terms of Service. Certain provisions of these Terms of Service may be superseded by legal notices or terms located on particular pages of the website. Your continued use of the website after any changes to these Terms of Service are posted is considered acceptance of those changes.

Entire Agreement, Severability, Assignment, and Waiver.

These Terms of Service serve as the entire understanding and agreement between you and us regarding the subject matter of these Terms of Service. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable, you agree that the court should endeavor to replace the invalid or unenforceable provision with a provision that comes closest to the original intent of the invalid or unenforceable provision or will be modified to conform to the most expansive permissible reading allowable under the law consistent with the intention of the invalid or unenforceable provision. All of our rights and obligations under these Terms of Service are freely assignable by us in connection with a merger, acquisition, sale of assets, restructuring, or by operation of law or otherwise. Any failure by us to exercise or enforce any right or provision of the Terms of Service shall not operate as a waiver of such right or provision. Any waiver of the Terms of Service by us must be in writing and signed by an authorized representative

Governing Law and Venue

This Privacy Policy and its terms shall be governed and construed in accordance with the laws of the State of Ohio without regard to the conflicts of laws provisions therein. We may pursue all legal remedies in law or equity for your failure to pay. If a dispute other than your failure to pay should arise between the parties related in any manner to this Privacy Policy, the parties will attempt in good faith to resolve any dispute, controversy or claim by promptly conferring in negotiations. The Parties agree to exchange memoranda setting forth the issue(s) in dispute and that party’s position thereon. If the matter is not resolved within thirty (30) days after one party initiates a request for dispute negotiation, the parties agree to submit the dispute to mediation. If the matter is not resolved at mediation, either party may initiate legal proceedings against the other. Any claims or legal actions by one party against the other arising under this Agreement or concerning any rights under this Agreement shall be commenced and maintained in any state or federal court located in Franklin County, Ohio. Both parties submit to the jurisdiction and venue of any such court.

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