Terms of Service and Liability Waiver
Last updated: June 28, 2026
Twin Cities Infant Gear LLC dba Baby Gear Group
Baby Gear Group offers these Services to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices detailed in full at https://twincities.babygeargroup.com/terms and summarized in this Waiver of Liability.
Part I: Waiver of Liability and Assumption of Risk
Please read this Part I carefully. It contains a waiver of certain legal rights. You will be asked to acknowledge this Part separately from the general Terms of Service.
1. Limitation of Liability
In consideration for using the Services and Products rented or sold by Twin Cities Infant Gear LLC dba Baby Gear Group, I hereby agree to disclaim, waive, and release Baby Gear Group from any and all claims, demands, damages, or actions arising from the ordinary negligence of Baby Gear Group in connection with the Products rented from Baby Gear Group to me or sold by Baby Gear Group to me. This waiver does not apply to claims arising from the gross negligence or willful misconduct of Baby Gear Group.
2. Assumption of Risk
I voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death, that may be sustained by me, by my children or minors in my care, or by any other adults or children, or any loss or damage to property owned by me, as a result of using the Services or Products, to the extent such risks arise from the ordinary negligence of Baby Gear Group or from risks inherent in the use of baby equipment and toys. This assumption of risk does not extend to risks arising from the gross negligence or willful misconduct of Baby Gear Group.
I acknowledge and accept the following risks inherent in baby equipment and toys, including but not limited to:
- Strollers and car seats: Tip-over injuries; finger entrapment or pinching in folding mechanisms; falls resulting from improper harness use, harness failure, or child climbing out; strangulation from harness straps; injury from wheel or brake failure; heat-related injury from sun-exposed surfaces or fabrics.
- Cribs, bassinets, and play yards: Suffocation or asphyxiation from mattress fit issues, soft bedding, or positional risks; entrapment between mattress and side walls; falls from climbing over rails; collapse or structural failure of the sleep surface.
- High chairs and booster seats: Falls from tipping, climbing, or improper use of restraints; finger pinching in folding or adjustment mechanisms; choking if the chair is used during feeding without supervision.
- Bathtubs and bath seats: Drowning or near-drowning; slipping; falls; scalding from water temperature; suction-cup or mounting failure resulting in submersion.
- Toys, activity centers, and bouncers: Choking on small parts or parts that detach during use; strangulation from cords, strings, or loops; pinching or crushing injuries from moving parts; tip-over injuries; falls.
- Portable gates and barriers: Falls over or through the gate; entrapment of head, limbs, or fingers; collapse or mounting failure; strangulation from gate components.
- General risks applicable to all Products: Allergic reactions to materials; exposure to residual cleaning agents; product degradation from normal use over the rental period; injury resulting from product recalls announced after delivery; and any other injury, illness, or death arising from the intended or foreseeable use of baby equipment and toys.
3. Product Condition and Selection
I acknowledge that I have reviewed the description and specifications of the Product(s) available on Baby Gear Group's website or provided to me, and that I have selected Products that I believe are appropriate for my needs. I understand that Baby Gear Group maintains a curated inventory and that specific brands, models, or features may vary. I am responsible for verifying that any Product I select is appropriate for the age, weight, and developmental stage of the child who will use it.
I acknowledge that Baby Gear Group is not the manufacturer or supplier of the equipment or the representative of either, and that Baby Gear Group is not required to enforce any manufacturer's warranties on my behalf.
4. Product Warranty
Baby Gear Group warrants that, at the time of delivery, each rented Product has been inspected, cleaned, and is in functional condition consistent with its age and prior use. Baby Gear Group is not the manufacturer of the Products and does not provide manufacturer warranties. Baby Gear Group does not warrant that Products will be free from defects or suitable for any particular use beyond general use as baby equipment.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY MINNESOTA LAW. ALL PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 4.
5. Product Safety, Inspection, and Recalls
5.1 Inspection and Maintenance by Baby Gear Group
Baby Gear Group inspects, cleans, and sanitizes all Products between rental periods in accordance with manufacturer guidelines and applicable safety standards. Products are checked for structural integrity, proper function of safety mechanisms (harnesses, locks, brakes, latches), completeness of parts, and compliance with current safety standards at the time of inspection. Notwithstanding the foregoing, Baby Gear Group does not guarantee that Products will remain free from defects, wear, or deterioration during the rental period.
5.2 Safety Standards
Baby Gear Group makes reasonable efforts to ensure that all Products in its rental inventory comply with applicable Baby Safety Alliance (BSA) and Consumer Product Safety Commission (CPSC) safety standards current at the time the Product enters Baby Gear Group's inventory. I acknowledge that safety standards may change during the useful life of a Product and that Baby Gear Group will use commercially reasonable efforts to retire Products that no longer meet current safety standards. Baby Gear Group does not warrant that all Products comply with the most recently published safety standard at the time of my rental.
5.3 Product Recalls
Baby Gear Group monitors CPSC recalls and safety notices for Products in its inventory. If a Product currently in my possession is subject to a recall or safety notice, Baby Gear Group will make reasonable efforts to notify me promptly and arrange for the return, replacement, or repair of the affected Product. I agree to cooperate with any recall-related instructions, including immediately discontinuing use of the affected Product and making it available for pickup or return. I acknowledge that recall information may not reach Baby Gear Group instantaneously and that I share responsibility for monitoring recalls for Products in my possession. I may check for recalls at www.cpsc.gov.
5.4 Inspection Upon Delivery
I agree to inspect all Products within 48 hours of delivery. If I identify any defect, damage, missing part, or safety concern, I must notify Baby Gear Group immediately. My use of a Product beyond the 48-hour inspection period constitutes acceptance of the Product's condition at delivery.
5.5 Ongoing Inspection for Long-Term Rentals
For rentals exceeding 30 days, I agree to perform periodic visual inspections of the Product(s) for signs of wear, loosening of parts, degradation of safety mechanisms, or any other condition that could affect safe use. If I observe any such condition, I agree to immediately discontinue use of the affected Product and notify Baby Gear Group. Baby Gear Group will arrange for inspection, repair, or replacement at no additional charge if the condition is attributable to normal use.
6. My Responsibilities
6.1 Proper Use
I acknowledge that it is my responsibility to read and follow all manufacturer instructions and safety guidelines for each Product before use. Baby Gear Group provides manufacturer instruction manuals (in print or digital form) with each Product when available from the manufacturer. If I have questions about the proper use, setup, or safety of any Product, I agree to contact Baby Gear Group before using the Product. I accept full responsibility for ensuring that all Products are used in accordance with manufacturer instructions and applicable safety guidelines.
6.2 Assembly and Installation
Where any Products made available to me through the Service require installation or assembly by me, I represent that I or my representative will install and/or assemble such Products in strict accordance with the manufacturer's instructions. I take sole responsibility for, and Baby Gear Group expressly disclaims, any and all liability for losses, injury, or damages resulting from my installation, assembly, or use of the Products, including without limitation any outcome resulting from the choices I make regarding the settings for a Product.
6.3 Supervision
I acknowledge that all Products require appropriate adult supervision during use. I am solely responsible for supervising all use of Products by minors in my care.
I acknowledge that I may only use the Services and Products made available to me for my own personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to me.
7. Waiver on Behalf of Minors
I acknowledge that I am the parent or legal guardian of the minor child(ren) who will use the Products, or that I have legal custody or care of such child(ren). I agree, on my own behalf, to release, waive, and hold harmless Baby Gear Group from any claims I may personally bring arising from my child(ren)'s use of the Products, to the extent such claims arise from the ordinary negligence of Baby Gear Group or from inherent risks of baby equipment use as described in Section 2 above. I understand that this waiver may not be binding on claims brought directly by or on behalf of my minor child(ren), and I accept responsibility for supervising all use of Products by minors in my care.
To the fullest extent permitted by law, I agree to indemnify and hold harmless Baby Gear Group from any claims brought by or on behalf of my minor child(ren) arising from use of the Products, except to the extent such claims arise from the gross negligence or willful misconduct of Baby Gear Group.
8. Binding Effect of Waiver
It is my express intent that this Waiver of Liability and Hold Harmless Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a release, waiver, discharge and covenant not to sue Baby Gear Group, to the extent permitted by Minnesota law. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Minnesota.
If any provision of this Part I is found to be unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
9. Acknowledgment
In signing this waiver, I acknowledge and represent that I have read the foregoing Waiver of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this release for full, adequate, and complete consideration fully intending to be bound by same.
Signature: _________________________________
Date: _______________
Printed Name: _________________________________
Part II: General Terms of Service
10. Overview
This website is operated by Twin Cities Infant Gear LLC doing business as Baby Gear Group. Throughout the site, the terms "we", "us" and "our" refer to Twin Cities Infant Gear LLC.
This Terms of Service agreement ("Terms" or "Terms of Service") is between you ("you" or "your") and Twin Cities Infant Gear LLC ("we," "our," "us," "Baby Gear Group," or "BGG"), and governs your access to and use of our website located at https://twincities.babygeargroup.com (and any successor site thereto) (the "Site"), and related services, including our product rental and sale services, information, and tools (together with the Site and the Content (as defined below), the "Services"). These Terms also apply to in-store rentals and sales, which are part of the Services.
Baby Gear Group offers these Services to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site, renting, purchasing something from us, selling or donating something to us, you engage in our Services and agree to be bound by the Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink, posted by us through the Site, or otherwise made available to you by us (the "Additional Terms"), and you understand and agree that by accessing or using any of our Services, you agree to also comply with all Additional Terms. These Terms apply to all users of the Site or Services, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms carefully before accessing or using our Site or using our Services. By accessing or using any part of the Site or Services, such as renting or purchasing product from us, you acknowledge that you have read, understood, and agreed to be bound by these Terms. 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 are considered an offer, acceptance is expressly limited to these Terms.
These Terms are a legally binding contract between you and Baby Gear Group. By accepting these Terms, you represent that you are an individual of legal age to form a binding contract or, if you are not, that you have obtained parental or guardian consent to enter into these Terms. Under no circumstances may you access or use the Services if you are under thirteen (13) years old. Your access to and use of the Services in any way also means that you agree to all of these Terms, and these Terms will remain in effect while you access or use the Services.
EXCEPT FOR LIMITED CIRCUMSTANCES DESCRIBED IN SUBCLAUSE (c) OF THE ARBITRATION AGREEMENT BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, OR TO A TRIAL BY JURY.
The Services are controlled or operated (or both) from the United States, and are not intended to subject Baby Gear Group to any non-U.S. jurisdiction or law. You may not use the Services to rent or purchase Products outside of the United States. Any use of the Site or Services is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Service's availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
Our website is hosted by Railway. They provide us with the online e-commerce platform that allows us to rent or sell our products and services to you.
The headings used in this agreement are included for convenience only and shall not be used or relied upon in the interpretation of this Agreement.
11. Changes
Any new features or tools which are added to the current Site shall also be subject to the Terms.
We may, at any time and without liability, suspend, modify, or discontinue all or part of the Services (including access to the Site via any third-party links). We encourage you to check our Site periodically for the most current Service offerings. Similarly, we may update the Content, including descriptions and specifications about Products or Services, and we reserve the right to remove any Content at any time, for any reason (including, but not limited to, if someone alleges you contributed Content in violation of these Terms), in our sole discretion, and without notice. Baby Gear Group will have no liability for any change in the Services, or any suspension or termination of your access to Services.
We also reserve the right to change these Terms at any time by notifying you of such changes by any reasonable means, including by posting the revised Terms on the Site. You can review the most current version of the Terms of Service at any time on this page. It is your responsibility to check this page periodically for changes. The "Last Updated" legend above indicates when these Terms were last changed. At our discretion, we may also notify you of certain changes by sending you an email to the email address associated with your Account. You are responsible for providing us with your current email address when you create an Account, and, if your email address changes, for updating your Account information to reflect your new email address. Your continued use of the Site or Services, including by renting or purchasing Products from us, following any changes to these Terms will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms. Any changes to the Terms will not apply to any dispute between you and us that arises prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes. If you don't agree with the new Terms, you may no longer access or use the Services or Site.
12. Privacy
Your submission of personal information through the Services is governed by our Privacy Policy.
13. About Our Services
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the website through which the service is provided, without express written permission by us.
You understand that your content and information (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.
14. Access
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
To use the Services, you may be required to sign up for an account (your "Account"), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and up-to-date information, and to maintain and update such information. You may not submit another person's name with the intent to impersonate that person. We may reject, or require that you change, any information that you provide to us in registering for an Account. You may not transfer your Account to anyone else without our prior written permission. You may not share an Account with another household.
Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services operated by third parties (each, a "Third Party Account"), such as those offered by Google and Facebook. By using the Services through a Third Party Account, you authorize us to access information from such Third Party Account for use in connection with the Services.
You may only use the Services and Products made available to you for your own personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services or Products is prohibited by these Terms or any Additional Terms or applicable laws, then you are not authorized to use the Services or Products. You are solely responsible for any use by you of any Services or Products in violation of these Terms, any Additional Terms, or applicable law.
You may not share your Account with anyone, and you must protect the security of your Account and any other access tools or credentials. You're solely responsible for any activity associated with your Account, including all charges incurred from use of the Services with your Account.
We may, for any reason, limit or restrict your access to or use of the Services, including, but not limited to, refusing to fulfill any order that you place with us or restricting orders placed under a single customer Account, payment card, or billing or shipping address. We reserve the right to limit, cancel, or prohibit any use of the Services at any time for any reason in our sole discretion, including but not limited to availability and geographic concerns, or if we determine or suspect that you are using the Services for fraudulent or commercial purposes or for any other purposes in violation of these Terms or any Additional Terms. We reserve the right to refuse service to anyone for any reason at any time. We reserve the right to terminate previously engaged services to anyone for any reason at any time. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
15. Products and Services
Baby Gear Group offers items for rental and for sale ("Products") as part of our Services. Products also include any items that we may purchase or accept from you, regardless of whether you receive compensation for such items.
Our Services include the sale and rental of Products through memberships, trials, or other rental plans. Such Products and Services are described on the Site and may be available through the Site. These Products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We reserve the right, but are not obligated, to limit the sales of our Products or Services 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 products or services that we offer. All descriptions of Products or Services or pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product or Service at any time. Any offer for any Product or Service made on this site is void where prohibited.
We do not warrant that the quality of any Products, Services, information, or other material purchased, rented, or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
16. Descriptions
We may, in our sole discretion, provide listings, descriptions, or images of Products that are available on the Services, as well as references and links to Products, but we do not warrant that the Product listings, descriptions, or images are accurate, complete, reliable, current, or error-free, or that any Products will be available, even if noted as so on our Services. Such information and the availability of any Product are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are for convenience only. We have made every effort to display and describe as accurately as possible the colors and images of our products that appear on our Site. We cannot guarantee that your computer monitor's (including a smart phone or similar device) display of any color will be accurate.
The prices displayed for Products and Services are quoted in U.S. dollars, unless otherwise indicated. Prices and availability for Products are not confirmed until the applicable Products are shipped; if the actual price of such a Product is higher than our stated price, or if the Standard or Luxe status of a Product has changed, or if the Product is no longer available, we will contact you for instructions before shipping or cancel your order and notify you of such cancellation. The availability through the Services of any listing, description, or image of a Product does not imply our endorsement of such Product or affiliation with the provider of such Product.
17. Modifications
Prices for our Products and Services are subject to change without notice. Baby Gear Group, at its discretion and without notice, reserves the right to alter the price of a Product or Service, the amount or availability of any discount, or the availability of any particular item.
We reserve the right at any time to modify or discontinue the Products or Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Products or Services.
18. Costs
Certain features of the Services may require payment of fees ("Paid Services"). Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. dollars and are non-refundable except as expressly provided in these Terms. Baby Gear Group reserves the right to determine pricing for the Services. Baby Gear Group may change the fees for any feature of the Services, including additional fees or charges. Please review our FAQ for current pricing and fee information.
19. Purchases
By purchasing a Product ("Purchase Price"), you authorize Baby Gear Group (or its third-party payment processor) to charge your Payment Method for the Purchase Price plus applicable taxes and fees. Baby Gear Group shall at all times retain ownership and title to the Products unless the Products are purchased. Baby Gear Group does not make, and expressly disclaims, any warranties of any kind with respect to any Product that you purchase, and such Product is provided on an "AS IS" basis.
20. Rentals
By purchasing a membership or Product trial, or otherwise renting Product, you will be charged a recurring fee, deposit, applicable taxes, and additional fees ("Plan Fees") in an amount and on a periodic basis (weekly, monthly, or annually) based on the selected Service plan ("Membership Services") and your usage. By choosing a recurring Membership Service, you acknowledge that such Paid Services have an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation and return of all rented Products.
A membership entitles you to borrow Products from Baby Gear Group's inventory according to the terms and limits of your selected membership tier. You may swap Products during your membership in accordance with the swap policies described on our Site. The warranty terms set forth in Section 4 of Part I apply to all rented Products.
21. Other Products and Services
Baby Gear Group may, from time to time, offer additional products and services beyond memberships, rentals, and purchases, including but not limited to gift cards, promotional items, accessories, and consulting services. Such additional offerings are subject to these Terms and any Additional Terms that may apply to the specific product or service.
22. Deposits
Some Services require the payment of a refundable deposit. The deposit is charged to your Payment Method as part of the Plan Fee for your selected Service. If you upgrade Services, you will be charged an additional deposit to meet the requirements of the upgraded Service plan. Any fees incurred by you that are not paid by the termination of the Service plan will be charged against the deposit. Any RR Fees that are incurred by you after the termination of the Service plan will be charged against the deposit. If you are owed a balance upon the termination of your Service plan, Baby Gear Group will provide you with payment, either a refund to your Payment Method or another method at its sole discretion, within 30 days of its receipt of all rented Products. If your charges exceed your deposit, you hereby authorize Baby Gear Group (or its third-party payment processor) to charge your Payment Method for such charges. Baby Gear Group reserves the right to pursue any legal remedies to recover monies due.
23. Repair or Replacement
Products must be returned in good working and clean condition and complete with all parts, accessories, labels, tags, and instruction manuals provided to you. If a rented Product is returned incomplete or with damage that exceeds normal wear and tear, you will be charged a repair or replacement fee ("RR Fee"). Examples of chargeable damage include stains that do not come out after a regular washing machine cycle, ripped seams, broken welds, broken zippers, bent frames, broken mechanisms, etc. The RR Fee may include but is not limited to labor, materials, parts, and other items. Baby Gear Group will determine the extent of the Product's damage at its sole discretion. Baby Gear Group will determine the RR Fee at its sole discretion. For Product that is not returned, totaled, or not able to be repaired, you will be charged an RR Fee up to the retail price of a new Product, in the manufacturer's newest version, plus applicable taxes, and shipping fees to a Baby Gear Group facility. Selection of replacement Product and retail price shall be at the sole discretion of Baby Gear Group. In the event a Product is discontinued and no newer version exists, Baby Gear Group will select a similar Product as replacement at its sole discretion.
24. Late Fees
You will be charged Plan Fees on a periodic basis as long as at least one Product is still in your possession. If, after your intended cancellation date, Products are still in your possession, Baby Gear Group will, at its sole discretion, continue charging you Plan Fees and/or charge you an RR Fee and you may keep the Product. Baby Gear Group may choose to charge you recurring Plan Fees for some time, and then an RR Fee later.
25. Pausing and Cancelling Services
25.1 How to Pause
You may request to pause your Membership Service by contacting Baby Gear Group. Pausing your membership means your billing will be suspended for the duration of the pause period, but you must return all Products in your possession before the pause takes effect. The terms and conditions of your pause, including duration and any fees, will be communicated to you at the time of your request.
25.2 How to Cancel
You may terminate your Account or your Membership Service ("Cancel") at any time by contacting Baby Gear Group. If you Cancel your Membership Service, you may use the Membership Service until the end of your then-current Billing Period and your membership will not be renewed after the expiration of your then-current Billing Period. You must return all Products in your possession no later than the expiration of your then-current Billing Period or the return date in the applicable online invoice (whichever is earlier) to avoid incurring additional charges, including late fees.
Cancellation does not relieve you of any obligation to pay for fees or charges incurred prior to cancellation. Sections of these Terms that by their nature should survive cancellation will survive, including but not limited to Limitation of Liability, Indemnification, Arbitration Agreement, and Governing Law.
If you are charged an RR Fee, you are permitted to retain the Product; however, Baby Gear Group does not make, and expressly disclaims, any warranties of any kind with respect to the Product, and the Product is provided to you on an "AS IS" basis.
25.3 Cancellation Policy
If a Rental or Membership Service is cancelled prior to the receipt of Products, any deposits collected will be refunded in full to the Payment Method used to place the reservation and pay the deposit. The Payments toward the Membership Service or Rental will be subject to either a 90% refund or 100% credit to remain on file with Baby Gear Group to be applied toward any future Rental or Membership Service, at Baby Gear Group's sole discretion. Rental and Membership Service Payments are nonrefundable after the receipt of Products.
If an Essential or Mini membership is cancelled within the first Billing Period, $20+tax will be deducted from any deposit refund to cover the labor and mileage for the return of Products at the time of cancellation.
26. Refunds
Plan Fees are refundable subject to the Cancellation Policy if the Service period has not yet begun. Plan Fees are non-refundable after the Service period has occurred. RR Fees are non-refundable.
27. Packaging
Products may be delivered in reusable packaging. You agree to return all reusable packaging materials in good condition along with the Products. If reusable packaging is not returned or is returned in a damaged condition, you may be charged a fee to cover the cost of replacement packaging. Baby Gear Group reserves the right to determine packaging fees at its sole discretion.
28. Taxes
You are responsible for all applicable taxes associated with your use of the Services, including but not limited to sales tax, use tax, and any other governmental charges. Taxes will be calculated and added to your charges as required by applicable law.
29. Other Fees
In addition to Plan Fees, Purchase Prices, RR Fees, deposits, and taxes, you authorize Baby Gear Group (or its third-party payment processor) to charge your Payment Method for the following fees as applicable:
(a) Delivery fees for transportation of Products to and from your location;
(b) Rush delivery or special handling fees;
(c) Fees for additional accessories or add-on items;
(d) Late return fees beyond those described in the Late Fees section;
(e) Cleaning fees for Products returned in an excessively soiled condition;
(f) Fees for lost or unreturned accessories, parts, or manuals;
(g) Fees for Products returned without required packaging;
(h) Administrative fees for payment processing issues, including but not limited
to returned checks or declined payment methods;
(i) Fees for address changes or delivery rescheduling after an order has been
confirmed;
(j) Any other fees described on our Site, in our FAQ, or otherwise communicated
to you prior to being charged.
30. Billing and Payment
By providing a Payment Method, you authorize Baby Gear Group (or its third-party payment processor) to charge your Payment Method for all fees and charges incurred in connection with your use of the Services. We reserve the right to reject or cancel any order for any reason, including but not limited to Product or Service availability, errors in the description or price of the Product or Service, error in your order, suspected fraud, or other reasons. We reserve the right to limit or cancel quantities purchased per person, per household, or per order at our sole discretion.
30.1 Payments
All payments must be made using a valid payment method accepted by Baby Gear Group or its third-party payment processor ("Payment Processor"). By providing your Payment Method, you represent and warrant that you are authorized to use the designated Payment Method and that you authorize Baby Gear Group (or its Payment Processor) to charge your Payment Method for the total amount of your order, including any applicable taxes and fees.
For Membership Services, your Payment Method will be charged on a recurring basis according to the billing cycle of your selected plan. Your "Billing Date" is the date on which you first subscribe to the Membership Service or the date on which your billing cycle renews. Your "Billing Period" is the interval between Billing Dates (e.g., monthly, annually). Charges for Membership Services will be billed at the beginning of each Billing Period and are non-refundable except as expressly provided in these Terms.
30.2 Payment Authorization
The amount charged to your Payment Method may vary from time to time due to changes in your Service plan, applicable taxes, promotional offers, or other factors. By providing your Payment Method, you authorize Baby Gear Group (or its Payment Processor) to charge your Payment Method for the applicable fees, including any such variations. Baby Gear Group may aggregate charges and submit them as a single charge or as multiple charges during a Billing Period.
30.3 Accuracy of Billing and Account Information
You agree to keep your billing and account information current, complete, and accurate, including your Payment Method, email address, and delivery address. If your Payment Method fails or your account is past due, Baby Gear Group may collect fees using other collection mechanisms, including charging other payment methods on file with us. Failure to maintain accurate billing information may result in suspension or termination of your access to the Services and additional fees.
31. Care
You agree to treat the Products with great care. Products can only be used in a careful and proper manner and shall not be used in any way that is inconsistent with Baby Gear Group's instructions or manuals or Manufacturer's instructions or manuals. You shall return Products upon the termination of your Service in the same condition as you received them, except for normal wear and tear.
You acknowledge that you are responsible for any loss, destruction, or damage to the Products for any reason (other than normal wear and tear), including due to theft, loss, mysterious disappearance, fire, airline handling damage, major stains, or any other cause. You will alert Baby Gear Group immediately to any damage to the Products. Normal wear and tear includes gradual fading or discoloration, baby bite marks, stains removed by a standard washing machine cycle, and minor scratches.
32. Delivery & Returns
Delivery of Products may be subject to additional charges based on your delivery zone and the delivery method selected. Delivery fees, schedules, and availability will be communicated to you at the time of your order. Baby Gear Group is not responsible for delays in delivery caused by circumstances beyond our control, including but not limited to weather, carrier delays, or incorrect address information provided by you. Risk of loss of Products passes to you upon delivery to the address you provide. You are responsible for ensuring that someone is available to receive the delivery at the specified address.
You are responsible for inspecting Products upon delivery and reporting any issues to Baby Gear Group within 48 hours.
32.1 Rental Returns
You must return all rented Products by the end of your current Billing Period or by the return date specified in your online invoice, whichever is earlier. Products may be returned via carrier, courier, or drop-off at a designated location, as communicated by Baby Gear Group. You are responsible for packaging Products securely for return to prevent damage during transit. Baby Gear Group is not responsible for Products lost or damaged during return shipping unless Baby Gear Group has arranged the return pickup.
32.2 Couriers
Any couriers or delivery personnel utilized by Baby Gear Group are independent contractors and not employees or agents of Baby Gear Group. Baby Gear Group disclaims any and all liability for the acts or omissions of couriers, including but not limited to damage to property, personal injury, or delayed or failed deliveries. Your sole remedy for any courier-related issues shall be directly with the courier or delivery service.
33. Restrictions on Use
You agree that you will not:
(k) Use the Products for any commercial purpose or for the benefit of any third
party;
(l) Sublease, rent, lend, or otherwise transfer the Products to any other
person;
(m) Modify, alter, disassemble, or tamper with any Product in any way;
(n) Remove, deface, or obscure any labels, tags, serial numbers, or other
identifying marks on any Product.
34. Ownership
Baby Gear Group shall at all times retain ownership and title to all rented Products. You shall not pledge, lien, or encumber any Product. You shall immediately notify Baby Gear Group of any claim, levy, or legal process that threatens Baby Gear Group's ownership of any Product. Upon termination of your Service, you shall promptly return all Products to Baby Gear Group.
35. Promotions
Baby Gear Group may, from time to time, offer free trials of certain Services. If you sign up for a free trial, you may be required to provide a valid Payment Method. At the end of the free trial period, you will be automatically enrolled in the applicable Paid Service and your Payment Method will be charged unless you Cancel before the end of the free trial period.
Any sweepstakes, contests, or other promotions (collectively, "Promotions") made available through the Services may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
36. Gift Cards
Baby Gear Group may offer gift cards for purchase and redemption toward Products and Services. Gift cards are delivered digitally via email to the recipient designated by the purchaser. Gift cards have no expiration date and are not redeemable for cash except where required by applicable law. Gift cards may not be resold, transferred for value, or applied to previous purchases.
BABY GEAR GROUP'S LIABILITY WITH RESPECT TO ANY GIFT CARD SHALL NOT EXCEED THE VALUE REMAINING ON SUCH GIFT CARD.
37. Referral Program
Baby Gear Group may offer a referral program allowing you to invite others to use the Services. If a referred individual signs up for a qualifying Membership Service, both you and the referred individual may receive a credit or discount as described on our Site. Referral credits may not be redeemed for cash, are non-transferable, and may be subject to expiration. Baby Gear Group reserves the right to modify, suspend, or terminate the referral program at any time, to void referral credits obtained through fraudulent means, and to impose additional restrictions on the referral program.
38. Third Party Tools and Links
38.1 Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
38.2 Third Party Links
Certain content, products and services available via our Services may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
39. Content
39.1 Errors
Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
39.2 Intellectual Property
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Baby Gear Group, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services without the prior written consent of Baby Gear Group.
39.3 Submissions
If you send or submit any content to us, including but not limited to reviews, photos, comments, suggestions, ideas, or other materials ("Submissions"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Submissions that you forward to us. We are and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay compensation for any Submissions; or (3) to respond to any Submissions. We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms.
39.4 Third Party Materials
Certain content displayed on or through the Services may include materials provided by third parties. You acknowledge that Baby Gear Group does not control, endorse, or adopt any third-party content and that Baby Gear Group assumes no responsibility for such content, including but not limited to its accuracy, completeness, or reliability.
40. Prohibited Uses
In addition to other prohibitions as set forth in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.
41. Messages
By providing your phone number and using the Services, you agree that Baby Gear Group may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt out of receiving text messages at any time by contacting us. You acknowledge that opting out of text messages may impact your experience with the Services. Standard message and data rates may apply.
42. Termination
These Terms are effective unless and until terminated by either you or Baby Gear Group. You may terminate these Terms 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, we may terminate these Terms 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). The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.
43. Third Parties
Nothing in these Terms is intended to, nor shall it be deemed to, confer rights or remedies upon any third party other than you and Baby Gear Group.
44. Arbitration Agreement
(a) Arbitration Rules. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Minneapolis, Minnesota. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures or, for claims under $250,000, the JAMS Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction.
(b) Class Action Waiver. YOU AND BABY GEAR GROUP AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND BABY GEAR GROUP AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
(c) Small Claims. Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes or claims within the scope of the small claims court's jurisdiction.
(d) Jury Waiver. YOU AND BABY GEAR GROUP HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Baby Gear Group are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified above in subclause (c).
(e) Arbitration Fees for Small Disputes. For any claim where the amount in dispute is less than $1,000, Baby Gear Group will pay all JAMS filing and arbitration fees.
(f) Venue. Any arbitration or legal proceeding under these Terms shall take place in Hennepin County, Minnesota.
(g) Severability. If any part of this Arbitration Agreement is found to be unenforceable, the remainder shall continue in full force and effect. If a court decides that any term of this Arbitration Agreement is void, then such term shall be severed and the rest of this Arbitration Agreement shall remain in effect.
45. Disclaimer of Warranties
EXCEPT AS EXPRESSLY SET FORTH IN SECTION 4 OF PART I, THE SERVICES AND ALL PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BABY GEAR GROUP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY MINNESOTA LAW. BABY GEAR GROUP MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
46. Indemnification
You agree to indemnify, defend, and hold harmless Baby Gear Group and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees 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, the documents they incorporate by reference, or your violation of any law or the rights of a third party.
I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY BE SUSTAINED BY ME, BY MY CHILDREN OR MINORS IN MY CARE, OR BY ANY OTHER ADULTS OR CHILDREN, OR ANY LOSS OR DAMAGE TO PROPERTY OWNED BY ME, AS A RESULT OF USING THE SERVICES OR PRODUCTS, TO THE EXTENT SUCH RISKS ARISE FROM THE ORDINARY NEGLIGENCE OF BABY GEAR GROUP OR FROM RISKS INHERENT IN THE USE OF BABY EQUIPMENT AND TOYS. THIS ASSUMPTION OF RISK DOES NOT EXTEND TO RISKS ARISING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF BABY GEAR GROUP.
47. Limitation of Liability
IN NO EVENT SHALL BABY GEAR GROUP, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY 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 THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES 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 THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
IN NO EVENT SHALL BABY GEAR GROUP'S TOTAL LIABILITY TO YOU FOR PROPERTY DAMAGE OR ECONOMIC LOSS (EXCLUDING CLAIMS FOR PERSONAL INJURY OR DEATH) EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU DURING THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM, OR (B) FIVE HUNDRED DOLLARS ($500.00). THIS LIMITATION DOES NOT APPLY TO CLAIMS FOR PERSONAL INJURY OR DEATH.
48. Severability
If any provision of these Terms 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. Such determination shall not affect the validity and enforceability of any other remaining provisions.
49. Waiver
The failure of Baby Gear Group to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Baby Gear Group.
50. Entire Agreement
These Terms, together with any Additional Terms, our Privacy Policy, and any other legal notices or policies published by Baby Gear Group on the Site, constitute the entire agreement and understanding between you and Baby Gear Group and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Baby Gear Group. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
51. Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Baby Gear Group's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Baby Gear Group may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
52. Force Majeure
Baby Gear Group shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond Baby Gear Group's reasonable control, including but not limited to acts of God, fire, flood, earthquake, pandemic, epidemic, war, terrorism, strikes, labor disputes, governmental actions, utility or communications failures, or any other event beyond Baby Gear Group's reasonable control.
53. Binding Effect
These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns.
54. Governing Law
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Hennepin County, Minnesota.
55. Further Acts
Each party agrees to cooperate fully with the other party and to execute such further instruments and documents and to take such further actions as may be reasonably requested by the other party to carry out the intent and accomplish the purposes of these Terms.
56. Notices
All notices required or permitted under these Terms shall be in writing and shall be deemed given when delivered personally, sent by confirmed email, or sent by certified or registered mail, return receipt requested, postage prepaid, to the applicable party at the contact information provided. Notices to Baby Gear Group should be sent to twincities@babygeargroup.com.
By using our Services, you acknowledge that you have read these Terms of Service and agree to be bound by them.
Contact us: twincities@babygeargroup.com; 651-359-6678