Terms & Conditions

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Borrow Baby Couture, LLC (DBA Borrow Mini Couture) 

This page states the terms and conditions (the “Terms and Conditions”) under which you, the Website visitor (“You”), may use this website (the “Website”), which is owned and operated by Borrow Baby Couture, LLC (“Borrow Baby Couture”, “us”, “we” or “our”).  Please read this page carefully.  By using this Website, You agree to be bound by all of the Terms and Conditions set forth below.  If You do not accept these Terms and Conditions, please do not use this Website.  Borrow Baby Couture may, in its sole discretion, revise these Terms and Conditions at any time; therefore, You should visit this page periodically to review the Terms and Conditions. 

1.              Our ServicesBorrow Baby Couture allows You to use our Website and our services as a registered member (a “Member”) or an unregistered visitor (a “Visitor” and together with “Members”, “Users”).  Our services (the “Services”) include renting and selling baby clothing and accessories to Users in accordance with these Terms and Conditions.

2.              Use of Website Material.  The contents of this Website including, without limitation, the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material, and other content (the “Website Material”) is proprietary intellectual property of Borrow Baby Couture.  All right, title, and interest including, without limitation, all rights in the copyright of such Website Material is vested in Borrow Baby Couture and/or third parties authorized by Borrow Baby Couture.  Borrow Baby Couture grants You a limited license to access and make personal use of the Website Material and You may not download (other than page caching) or modify it, or any portion of it, without the express written consent of Borrow Baby Couture.  This license does not include any resale or commercial use of the Website Material or its contents; any collection and/or use of any product listings, descriptions, or prices; any derivative use of the Website Material or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Borrow Baby Couture. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Borrow Baby Couture without our express written consent.  You may not use any metatags or any other hidden text utilizing Borrow Baby Couture’s name or trademarks without the express written consent of Borrow Baby Couture. Any unauthorized use terminates the permission or license granted by Borrow Baby Couture. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website Material so long as the link does not portray Borrow Baby Couture, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Borrow Baby Couture logo or other proprietary graphic or trademark as part of the link without our express written permission. 

3.              TrademarksAll graphics, logos, page headers, banners, icons, scripts and service names found on the Website are trademarks or trade dress of Borrow Baby Couture.  Any such trademarks or trade dress on our Website not owned by Borrow Baby Couture are the property of their respective owners, who may or may not be affiliated with Borrow Baby Couture.  You understand and agree that all such trademarks and trade dress are protected by state and federal law, and You agree not to use any such trademark, service mark, or trade dress without the prior written consent of Borrow Baby Couture or any other owner of same. You understand that Your use of such marks may violate federal and state trademark law and subject You to money and other damages.

4.              Patents.  Certain components of this Website may be subject to U.S. Patent protection.  You are expressly prohibited from any attempt to reverse engineer our Website or to use any component or Content of the Website for any purpose inconsistent with the limited license granted to You in these Terms and Conditions

5.              User Generated MaterialBorrow Baby Couture welcomes Your reviews and comments on our Website.  However, You acknowledge that if You send us comments, information, ideas, concepts, reviews, techniques or other information (collectively, the “Information”), the Information shall be deemed, and shall remain, Borrow Baby Couture property.  By submission of any Information to us, You assign to us and we shall exclusively own all now known or hereafter existing rights to such Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose, whatsoever, commercial or otherwise, without compensation to You or to the provider of the Information.

As a User of this Website, You are responsible for Your own communications and are responsible for the consequences of their posting.  Therefore, do not do any of the following things: (i) transmit to us material that is copyrighted, unless You are the copyright owner or have the permission of the copyright owner to post it; (ii) send material that reveals trade secrets, unless You own them or have the permission of the owner; (iii) send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; (iv) send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; (v) send sexually-explicit images; (vi) intentionally or unintentionally violate or encourage conduct that would violate any local, state, or federal law; (vii) send advertisements or solicitations of business; send chain letters or pyramid schemes; or impersonate another person. 

Borrow Baby Couture reserves the right, in its sole discretion, to review, modify or delete anything posted on the Website which violates these Terms and Conditions or any local, state, or federal law.  The violation of any of the terms and conditions set forth in these Terms and Conditions shall result in the immediate revocation of Your right to use the Website Material and, where applicable, suspension and/or termination of Your Account (as defined below). 

6.              General Rules.  You acknowledge and agree that Borrow Baby Couture may establish from time to time general rules concerning Your use of the Services.  Such rules may address, but are not limited to, the following: (i) the maximum number of days that uploaded content will be retained on the Website; (ii) the maximum disk space that will be allotted or available on our servers to or on Your behalf; and (iii) the maximum number of times (and the maximum duration of time for which) You may access the Services during a given period of time.  You acknowledge and agree that we have no responsibility or liability for the deletion of or failure to store any content maintained or transmitted on or through the Website.  We reserve the right to delete accounts that have been inactive for an extended period of time. 

7.              MembershipBorrow Baby Couture allows visitors to our Website to use the Website either as a Visitor or as a Member.  Members are persons who have registered on the Website and have opened an account (an “Account”) with us.  By registering as a Member, You grant Borrow Baby Couture permission to obtain one or more credit reports for You at the time You open Your Account and at any time during the term of Your membership.

A.            Membership.  You must be 18 years of age or older to register as a Member.  Depending on selections You make when registering as a Member, Your membership may automatically renew for successive membership periods for the time periods chosen by You during the registration process, unless You cancel Your membership at least thirty (30) days prior to the next scheduled renewal or Your membership is otherwise terminated as provided in these Terms and Conditions.

B.             Security.  Each Member will be given a username and password, which may be assigned by Borrow Baby Couture or chosen by the Member, subject to our minimum security requirements.  You understand and agree that You are responsible for maintaining the confidentiality of Your password. You further understand and agree that You are solely responsible for any activity related to Your Account.  If You believe that others are accessing Your Account without Your authorization, You should immediately change Your password and notify us.  To protect Yourself and Borrow Baby Couture, You understand and agree that You will not lend Your username and password to other persons.

C.             Membership Dues; Payment Information.  The membership dues are the amount set forth on the Website when you choose Your Account options.  In order to complete a Member’s registration, we require that You provide us with accurate, complete and current credit card information which is acceptable to us.  By becoming a Member, You authorize Borrow Baby Couture or its agent to bill Your credit card all applicable fees and charges related to Your Membership.  If Borrow Baby Couture does not receive payment from Your credit card provider or if Your credit card expires or is rejected, You agree to pay all amounts due upon demand.  Following any such non-payment, we may require You to provide a second valid credit card acceptable to us before You are permitted to continue to use our Services, and You authorize Borrow Baby Couture to charge outstanding fees and other amounts due to us against any credit card You have on file with us.

D.            Disputes.  You agree to contact us with any dispute or question regarding charges to Your account within thirty (30) days after the date of posting of the invoice or statement containing the disputed or questioned charge.  If You do not bring such a dispute or question to our attention within such 30-day period, You agree that You waive Your rights to dispute all or any portion of the charge or otherwise question the invoice or statement and that all amounts and services reflected in such invoice or statement are true and accurate in all respects.

E.             Service Tests.  Borrow Baby Couture reserves the right to include, without notice, Your Account in any service test it may run on the Website from time to time.

F.             Modifications.  We reserve the right to modify the price, content, or nature of the Services at any time.  We may provide notice of any such modifications to you by email, upon log-in to the Website, or by publishing the changes on the Website.  If You are unwilling to accept such modifications, You may cancel Your membership and close Your Account as provided for in these Terms and Conditions. 

G.            Cancellation: Costs and Refunds.  You may cancel Your membership at any time by contacting customer service by telephone, email, or U.S. mail.  In some cases, You may be required to call our Customer Service Department.  Upon receipt of Your cancellation request and payment of all amounts owed, we will terminate Your membership and close Your Account by the end of the then-current membership period.   If You have purchased a membership for a specific term and You cancel before the term expires, You may be liable for a cancellation fee or other charges for the month(s) during which You were a Member.  We do not offer refunds or credits on any Borrow Baby Couture memberships.

8.              User Representations and Warranties.  You represent and warrant to us that all information You provide to us through the Website or otherwise both now and in the future, including without limitation Your registration information, is true, accurate, and complete in all respects. You further agree that it is Your responsibility to ensure that Your information is current, true, accurate, and complete at all times when You are a using the Website.  If You fail to do so, or if we have any reasonable grounds to suspect that information You have provided is untrue, inaccurate, not current or incomplete in any respect, we may, in our sole discretion, suspend or terminate Your Account and decline to allow You future use of our Services and the Website.

9.              Limitation of Liability.  Although Borrow Baby Couture strives for accuracy in all elements of the Website Material, it may contain inaccuracies or typographical errors.  Additionally, while Users of this Website are bound by these Terms and Conditions not to submit false material, Borrow Baby Couture cannot be responsible for the violation of these terms by Users, or for the reliance by Users upon false or misleading material submitted by other Users.  Borrow Baby Couture makes no representations about the accuracy, reliability, completeness, or timeliness of the material on this Website or about the results to be obtained from using the Website. You use the Web Site and its material at Your own risk.

BORROW BABY COUTURE DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL.  IF YOUR USE OF THE WEB SITE OR THE WEBSITE’S MATERIAL RESULTS IN ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, BORROW BABY COUTURE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES.

THIS WEB SITE AND ITS MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.   BORROW BABY COUTURE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.  ALTHOUGH BORROW BABY COUTURE STRIVES TO PROVIDE THOROUGH AND ACCURATE MATERIALS ON ITS SITE, WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. 

Borrow Baby couture does not make any warranties of any kind with regard to any commercial transactions users may engage in with other users advertisers or partners found on or through the Website.  any other AGREEMENT, terms, conditions, warranties or representations associated with such dealings, are solely between you and such USER, advertiser or partner, and borrow baby couture disclaims any and all liability related to or arising out of any such transactionS.

10.           Disclaimer of Consequential Damages.  IN NO EVENT SHALL BORROW BABY COUTURE, ITS AFFILIATES, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE MATERIAL ON THIS WEBSITE OR SITES LINKED TO THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SMITHFIELD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.           Links.  This Website contains links to websites owned by third parties. These links are provided solely as a convenience to You and are not an endorsement by Borrow Baby Couture of the contents on those other sites.  Borrow Baby Couture is not responsible for the content of any linked sites and makes no representations regarding the content or accuracy of materials on such sites.  If You decide to visit any third-party sites using links from this Web Site, You do so at Your own risk.

12.           Digital Millennium Copyright Act.  In accordance with the Digital Millennium Copyright Act (the “DMCA”), Pub. L. No. 105-304, 112 Stat. 2860 (Oct. 28, 1998) and other applicable law, Borrow Baby Couture has adopted a policy of terminating Users, whom we determine to be trademark or copyright infringers, repeat or otherwise.

All Users of our Website understand and agree to the following rules of conduct while using our Website:

A.            You agree to refrain from any attempt to gain unauthorized access to any paid features of our Website.

B.             You agree to not copy, print (except for personal use), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or through any means our Website, Content, or Services, or any part thereof.

C.             You agree to not use our Website or any Content for any commercial purposes of any kind outside of the Website or to publish or commercially distribute any Content, whether through sale, license, lease, rental, subscription, or any other commercial distribution mechanism.

D.            You agree to not upload, post, or otherwise transmit any content to Borrow Baby Couture, our affiliates, our Website, or our Visitors or Members any material:

(i)             that contains any information that is or might be construed to invade the privacy of or otherwise be harmful to any other person;

(ii)           that is unlawful, harmful, threatening, defamatory, vulgar, obscene, pornographic, abusive, harassing, tortious, libelous, invasive of another’s privacy, hateful or harmful to minors, as well as any content that discriminates against any person or class of persons or is ethically or otherwise objectionable or violative of our rules and policies;

(iii)          that You are prohibited from disclosing or transmitting under any law or under any contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);

(iv)          that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any person or enterprise; 

(v)           that interferes with or disrupts the Services or servers or networks connected to the Services, or violates or breaches any requirements, procedures, policies or regulations of networks connected to the Services or owned, operated or maintained by or on behalf of Borrow Baby Couture;

(vi)          that contains software viruses, worms, malware, spyware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(vii)        that violates any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Federal Trade Commission, and any regulations having the force of law;

(viii)       that impermissibly collects or stores personal data about other users, through programmatic or any other means;

(ix)          that promotes or provides instructional information about illegal activities, promotes physical harm or injury against any group or individual, or promotes any act of cruelty to animals.  This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and or other weapons;

(x)            that refers in any manner to persons under 18 years of age;

(xi)          that is in any way considered or may reasonably be  considered unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “bulk mail,” "spam," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation, or any form of lottery or gambling;

(xii)         that makes publicly available on our Website any private information of any third party, including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; and

(xiii)       that, in our sole discretion, is objectionable or which restricts or inhibits any other person from using or enjoying our Website, or which may expose Borrow Baby Couture and its users to any harm or liability.

E.             You agree to not use automated scripts to collect information from or otherwise interact with the Services or our Website.

F.             You agree to not use our Website or Services to “stalk” or otherwise harass another person.

G.            You agree to not harvest or collect email addresses or other contact information from Users for the purposes of sending unsolicited emails or other unsolicited communications.

H.            When You post content to our Website, You authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of such content on our Website and You automatically grant, and warrant that You have the right to grant, to Borrow Baby Couture an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to  (i) use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such content for any purpose related to our Website, our business, the Services or the promotion thereof; (ii) prepare derivative works of, or incorporate into other works, such content; and (iii) grant and authorize sublicenses of the foregoing.  You may remove Your content from our Website at any time, and if You choose to do so, the license granted above will automatically expire.  However You acknowledge that Borrow Baby Couture may retain and use in any manner described in these Terms and Conditions archived copies of Your content. 

I.               You agree that Your interaction with our Website and use of our Services in no way creates an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Borrow Baby Couture and You.

J.              To the extent applicable, You agree to provide us with a valid, current email address, both at the time of registration with us, and to update us from time to time when Your email changes.

K.            You agree to not use any printed or electronic copy of any part of our Website or its content in any litigation or arbitration matter whatsoever.  You agree to not attempt to use another Member’s Account or data or information contained therein without direct authorization from such Member and Borrow Baby Couture.

L.             You agree to not register for more than one Account, register for an Account on behalf of an individual other than Yourself, or register for an Account on behalf of any group or entity.

13.           Claims of Copyright Infringement.  It is our policy to respect the intellectual property rights of others.  We do not promote, foster or condone any infringing activity.  If You believe that Your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the Website, or know of someone who is making unauthorized use of any Content, please notify us in writing and contact our registered agent for notice of copyright infringement using the information provided below. 

To be effective, the notification must include:

(i)             a physical or electronic signature of the owner of the property rights allegedly infringed upon or a person authorized in writing to act on behalf of the owner of such rights;

(ii)           identification of the protected work which is the subject of the claim of infringement;

(iii)          information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number, and electronic mail address;

(iv)          identification of the material alleged to be the source of the infringement  or which is the subject of the  infringing activity and which You wish to have removed, as well as information reasonably sufficient to permit us to locate the materials;

(v)           a statement that the complaining party has a good faith belief that use of the alleged infringing material in the manner complained of is not authorized by the copyright owner, agent, or the law; and

(vi)          a statement under penalty of perjury that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed.

Designated Agent for Claimed Infringement:

 

William F. Herrfeldt, Jr.

Venable LLP

750 East Pratt Street

Suite 900

Baltimore, MD  21202

410-244-7400

legalinfo@borrowminicouture.com

14.           Arbitration.  You agree that any controversy or claim arising out of or relating to these Terms and Conditions, the Service, or the Website shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The decision shall be made by a single arbitrator experienced in such disputes, and the arbitrator’s fees and related costs shall be shared equally by the parties.  Each party shall be responsible for the party’s own attorneys’ fees, expert witnesses, and other costs of the arbitration.  Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated with any arbitration of any other claim or controversy of any other person or entity.  The arbitration shall be conducted in Baltimore County, Maryland, and any arbitration award may be entered into any court of competent jurisdiction.  The award of the arbitrator shall be final and binding upon the parties without appeal or review except as required by Maryland law.  Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration.  In addition, Borrow Baby Couture shall have the right to institute legal action in a Maryland District Court sitting in Baltimore County, Maryland to collect any account receivable due and owing from a Member.  Finally, either party may seek enforcement of an arbitration award in a court of competent jurisdiction in Baltimore County, Maryland.

15.           Governing Law; Jurisdiction; VenueThese Terms and Conditions are governed in all respects by the laws of the State of Maryland with the exception of conflicts of law rules. By accepting these Terms and Conditions and by using the Services, You accept and consent to the personal jurisdiction and venue of the federal and state courts in Baltimore County, Maryland, for any court action or proceeding permitted by these Terms and Conditions which is deemed necessary by Borrow Baby Couture to collect amounts due hereunder and/or to protect Borrow Baby Couture from theft, fraud or other loss.  At Borrow Baby Couture’s sole option, Borrow Baby Couture may also commence any court action or proceeding to collect amounts due hereunder and/or to protect Borrow Baby Couture from theft, fraud or other loss, in the federal or state courts in the jurisdiction where You reside, or in the jurisdiction where the property is located.

16.           Privacy PolicyYou acknowledge that You have read, understood and agree to the Borrow Baby Couture Privacy Policy (the “Privacy Policy”), the terms of which are hereby incorporated into these Terms and Conditions by reference.  Any violation of the Privacy Policy will constitute a material violation of these Terms and Conditions.

17.           International UseAlthough this Website may be accessible worldwide, Borrow Baby Couture makes no representation that this Website complies with the laws of any jurisdiction outside of the United States, or that the Website Material is appropriate for use outside the United States.  If You access our Website from outside of the United States, You do so on Your own initiative and at Your own risk, and You are solely responsible for compliance with any law(s) in Your country governing Your use of the Website.  Any offer for the sale of products or services made on or through this Website is void where prohibited.

18.           IndemnificationYou agree to indemnify, defend and hold harmless Borrow Baby Couture and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, our attorneys, advertisers, product and service providers, and affiliates against any and all liability, loss, claim, expense, damage and liability including reasonable attorneys’ fees, arising out of or relating in any way to Your breach of these Terms and Conditions or Your use of our Website and/or Services.  We reserve the right to assume the exclusive control of the defense of any matter in which Borrow Baby Couture is a defendant, including, without limitation, the defense of claims subject to indemnification by You and You will remain obligated to pay for all attorneys’ fees, court costs, settlement fees and costs, judgments and other fees, costs and expenses.  You agree to cooperate with us in any such defense.