TERMS AND CONDITIONS

June 01, 2023

The following Terms & Conditions for Sitka Baby Rentals apply to the use of this Web site as well as all transactions conducted through the site. By providing payment for an order, you agree to accept the terms and conditions in its entirety.

Legal Notice

All notices from Sitka Baby Rentals to you will be emailed and will be deemed delivered within three (3) days after sending. Customers are strongly encouraged to Whitelist contact@sitkababyrentals.com to prevent notices from being blocked by spam filters or deemed “junk”. Notices from You to Sitka Baby Rentals shall be made either by phone, e-mail, or sent to the address we provide on our website, or first class mail to our address at:

LeBlanc Hidi

101 Donna Drive

Sitka, AK 99835

+1-907-738-3351
contact@sitkababyrentals.com

Copyright

All content appearing on this Web site is the property of:

Copyright © 2023 Sitka Baby Rentals. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2023 Sitka Baby Rentals. All rights reserved.

Trademarks

All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Sitka Baby Rentals. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Sitka Baby Rentals or any third party, except as expressly granted herein.

Use Of Site

This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Sitka Baby Rentals and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Sitka Baby Rentals believes that customer conduct violates applicable law or is harmful to the interests of Sitka Baby Rentals and its subsidiaries.

Privacy Policy

Sitka Baby Rentals use of personal information that you may submit to through this Web site is governed by the Sitka Baby Rentals Privacy Policy. Sitka Baby Rentals considers customer information to be confidential and does not share or sell customer data.

Consumer Agreement

Sitka Baby Rentals; hereafter known as Sitka Baby Rentals– Terms and Conditions – Rental Agreement – Customer is bound by the terms and conditions of this agreement, by providing payment information customer accepts and agrees to the rental agreement, signature is not required.

1. TERMS OF DELIVERED EQUIPMENT: Customer assumes all risk of loss or damage to the Equipment upon receipt by Sitka Baby Rentals or a designated agent to Customer, and Customer shall be solely responsible for any such loss of or damage to the Equipment until the return of the Equipment to Sitka Baby Rentals’s personnel or designated location. By accepting receipt of equipment, you agree that you or your designated agent examined it, saw it in operation (if appropriate), and are aware of its condition. Under no circumstance may customers remove rented equipment from the delivery location or outside the order details. Sitka Baby Rentals forbids rental equipment from being taken outside the USA. Changes, upgrades and additions to orders will be charged to the customer’s credit card on file and are payable immediately. A delivery/pick-up fee applies each time we attempt to deliver or pick-up at a location. If customer does not have equipment available for pick-up at the time our staff arrives to collect equipment, an additional fee will be applied equivalent to the original delivery/pick-up fee for rescheduling an additional pick-up of items. We will do our best to make the rescheduled pick-up on the same date, but cannot guarantee this can happen on peak dates, such as surrounding holidays. It is best to have 2 separate orders when you have 2 separate delivery dates. Customer assumes all responsibility for reviewing products on the Sitka Baby Rentals website to assure the correct and appropriate items are on the order. Changes prior to rental start can be made, however changes following receipt of a rental order will be subject to availability and will not be provided until payment for the difference is made.

CRIB DELIVERY & STAIRS: Due to Federal requirements on crib manufacturing, the weights of full size cribs have increased significantly. This makes the transport of cribs up & down stairs dangerous for a single individual; with a high risk for personal injury or property damage. Sitka Baby Rentals must take into consideration the safety of our personnel, as well as, the need to minimize the potential for damage to the properties where we deliver.  Sitka Baby Rentals personnel cannot ‘deliver to’ or ‘pickup from’ upper floors unless an appropriately sized elevator is available.  Cribs must be returned to ground level prior to customer departure from the property.  If no safe location exists on ground level at delivery, customer will need to call upon arrival to schedule a second delivery (second delivery fee will apply). Cribs left on upper floors upon departure will require re-scheduling the pickup at a time that two staff members are available. This will result in an additional $100 fee to the customer. Wood or Metal Cribs are not available for Self Pick Up / Self Return in any of our locations. All Cribs require Delivery by Sitka Baby Rentals staff.

2. SELF PICK UP / SELF RETURN: Sitka Baby Rentals does not charge a fee beyond rental and tax for self pickup/self return of allowable items at our designated location. There are no refunds provided for No Show/No Call, should the customer or their designated agent fail to pick up items at the designated location during business hours. Rental fees continue to accrue until equipment is returned to Sitka Baby Rentals’s possession. Due to the nature of the business, Sitka Baby Rentals does not guarantee the ability to reschedule a time at the customer’s preferred date or time; but will offer alternate available times/dates. Cribs are not available for Self Pick Up / Self Return. All cribs require delivery.

3. REPLACEMENT COSTS: Replacement cost of equipment is based on full retail value plus applicable taxes and shipping costs. Replacement costs will be paid immediately and are not contingent upon receipt of payment to Customer by Customer’s insurance carrier. Rental charges will continue to accrue until payment of the deemed replacement cost has been received in full by Sitka Baby Rentals. Rental charges will not be offset against replacement value.

4. BUY OUT: Buy out is not available.

5. RENTAL TERM: Customer agrees to rent the Equipment from Sitka Baby Rentals for the terms specified on the face of the Rental Agreement. Start of the Rental term indicates the date the equipment leaves Sitka Baby Rentals’s premises or designated premises is indicated on the face of the Agreement as the ‘Date Rented’. The date Equipment should arrive back at Sitka Baby Rentals premises or designated location is indicated on the face of the Agreement as the date ‘Rental End’. The terms of this Agreement can be extended for one or more successive renewal terms equal to the initial term, unless Customer provides Sitka Baby Rentals with written notice at least five (5) days prior to the end of the term or any renewal term that Customer is discontinuing rental of the Equipment. Equipment not returned on date designated by customer at the time of order placement, will incur daily rental charges per item up to 7 days. After 7 days, equipment will be billed at full replacement value to customer. If payment method cannot be charged for non-returned items and/or customer does not pay invoice in full upon request, then a report will be made with the authorities and prosecution for theft will be pursued.

6. EQUIPMENT RETURN: Customer acknowledges that it is solely the Customer’s responsibility to return the equipment to Sitka Baby Rentals’s personnel or designated location. If the Equipment is not returned by the Customer by the date due back as indicated on the face of the Agreement, rental charges will continue to accrue as the Agreement will be extended for one or more successive renewal terms equal to the initial term. Equipment must be returned to Sitka Baby Rentals in good working condition. Equipment is subject to inspection upon return to Sitka Baby Rentals or to Sitka Baby Rentals’s designated location. Equipment returned damaged will be billed for repair costs, replacement part cost (if available), or replacement cost if equipment cannot be repaired to rentable condition.

7. CANCELLATION: All cancellations of confirmed orders are allowed up until items have been delivered or picked up by Customer. 

8. USE/MAINTENANCE/SERVICE: The Equipment shall be operated in a careful and proper manner by competent persons and only in accordance with the manufacturer’s operating instructions. Multiple children should not be placed in a single crib. Sitka Baby Rentals’s cribs are intended for use by one (1) child only. Toddlers should not be allowed to jump or play inside cribs. Customer shall not disassemble, modify, alter, attempt to repair, or change the Equipment in any manner. Sitka Baby Rentals agrees that it shall maintain, repair or replace any of the Equipment that fails to operate properly through no fault of Customer or customer’s child. Customer shall notify Sitka Baby Rentals immediately of any operating problems with Equipment and request instructions before taking any remedial action or returning it to Sitka Baby Rentals. In the event that Sitka Baby Rentals determines that the need for maintenance or repair is caused by damage to the Equipment as a result of Customer’s misuse, or improper use of the Equipment, or as a result of repair or service by a party other than Sitka Baby Rentals or its designee, Customer shall pay Sitka Baby Rentals for any repair or replacement and for Sitka Baby Rentals’s hourly service charges.

9. PAYMENT: PAYMENT IS DUE IN ADVANCE, orders without payment are unconfirmed and are not a confirmed reservation. Equipment availability is only guaranteed for confirmed and paid orders. Customer agrees to pay Sitka Baby Rentals the rental payments as specified in the Rental Agreement and to pay all applicable federal, state or local taxes in connection with the rental or use of the Equipment. A credit card is required to remain on file through the rental and will be charged for any additions, changes, damages, etc. Sitka Baby Rentals does not offer open accounts, payment plans or financing.

Changes, upgrades, additions and rental extensions incur additional rental fees, and are in no way offered at no charge. The credit card on file will be processed for all additional fees associated with the rental, including but not limited to upgrades, additions, rental extensions, cleaning fees (if assessed), damages and failure to return rented items. If no payment method is on file due to direct online payment, customers will be invoiced for additional fees and agrees to make payment in full immediately. In the event payment is not received by Sitka Baby Rentals, the order will be cancelled. Additional fees, if not paid within 24-hours, will be considered theft of services and subject legal action in addition to terminating  any  services with Sitka Baby Rentals. Equipment not returned on date designated by customer at the time of order placement, will incur daily rental charges per item up to 7 days. After 7 days, equipment will be billed at full replacement value to customer. If payment method cannot be charged for non-returned items. Charges will be made with the authorities and prosecution will be pursued.

Sitka Baby Rentals Accepts payment via the following methods:

  • : : Visa, MasterCard, Discover, American Express by telephone. Card Number, Expiration, CVV and Billing Zip Code required.

  • : : Square Electronic Invoice – Square accepts all major credit cards. Request a Square Invoice from your Sitka Baby Rentals Representative.

  • : : PayPal – Sitka Baby Rentals accepts payments by electronic invoice via PayPal. PayPal accepts major credit cards, foreign payments and will accept customer checks. PayPal is the most versatile of payment options for our foreign visitors. Special Note – those preferring to pay by check, be certain your order is booked well in advance so Sitka Baby Rentals receives your payment prior to delivery date. If PayPal check payment remains “pending” orders cannot be delivered.

  • : : Zelle – Payments by Zelle can be sent to contact@sitkababyrentals.com and MUST include the customer’s Last Name and Order Number in the memo.

10. LOCATION: Customer agrees not to remove the Equipment from the delivery location or other site where the equipment is located without Sitka Baby Rentals’ express prior written consent. Sitka Baby Rentals shall have the right to inspect the Equipment at the delivery location at any time during normal business hours.

11. ACCESSORIES: All non-consumable accessories, including but not limited to instruction manuals, devices, boxes, fiber cases, canvas bags, corrugated boxes, manuals, power cords and accessories provided with the Equipment, whether or not specified herein, shall be deemed to be a part of the Equipment and shall be returned to Sitka Baby Rentals with the Equipment.

12. WARRANTY/DISCLAIMER: Customer acknowledges and agrees that Sitka Baby Rentals is neither the manufacturer or nor an agent of the manufacturer of the equipment, and that Sitka Baby Rentals makes no warranties, express or implied, of any kind with respect to the equipment including but not limited to any warranty of merchantability of the equipment or its fitness for any particular purpose, or its design or condition, or its quality, capacity or workmanship. Customer rents the equipment as is with all its faults. It is agreed that Sitka Baby Rentals shall not be liable to customer for, and customer releases Sitka Baby Rentals from damages from any cause whatsoever, including but not limited to equipment malfunction, inoperability or customer’s failure to properly operate the equipment. Sitka Baby Rentals expressly disclaims any liability for incidental or consequential damages. Customer agrees to look solely to the manufacturer of the equipment for any claim arising from any defect, breach of warranty or inability to use the equipment for any reason.

13. INDEMNIFICATION: Customer hereby indemnifies and holds harmless Sitka Baby Rentals, its officers, directors, agents and employees, from and against any and all loss, liability and expenses, including attorney’s fees and expenses, for property damage or personal injury, including death, arising out of or in connection with the use or operation of the Equipment.

14. LEGAL FEES, EXPENSES, ETC.: All legal expenses incurred will be borne by Customer, in the event that Sitka Baby Rentals takes legal action against Customer to enforce any of Sitka Baby Rentals ‘s rights under this Agreement, including without limitation (i) any of Sitka Baby Rentals rights to receive rentals, indemnification, reimbursement, costs of collection of any other sum provided for herein or (ii) any of Sitka Baby Rentals ‘s rights to expenses incurred by Sitka Baby Rentals , directly or indirectly in connection with such legal action, including, without limitation, attorney’s and expert fees.

15. CREDIT CARD FOR PAYMENT: This provision applies for Customer’s making rental payments via credit card. Please review Section 9. of thes Terms & Conditions for additional payment information. Customer will be charged for the rental of equipment for the rental period stated in the Agreement. Your signature on the Agreement and or Delivery Ticket is verification that the credit card  provided is valid and you are authorized to use this credit card. The same credit card will be charged for the cost of any equipment lost, stolen, or damaged. If the rental contract is extended beyond the term stated, all extensions will also be charged on the credit card provided with this Agreement. If changes are made to an Quote/Invoice/Order increasing the original total, customer agrees to pay all additional fees associated with changes. Equipment not returned on date designated by customer at the time of order placement, will incur daily rental charges per item up to 7 days. After 7 days, equipment will be billed at full replacement value to customer. If payment method cannot be charged for non-returned items. Charges will be made with the authorities and prosecution will be pursued.

16. CREDIT CARD ON HOLD: Customer’s Credit Card given to Sitka Baby Rentals to hold for security will be held on file through the rental of all equipment. Customer will be charged for the rental with credit card on hold if payment is not made by terms set upon within Agreement. Your signature or Your Designated Agent signature on the Delivery Ticket is verification that the credit card for hold provided with the Agreement is valid and you are authorized to use this credit card. This agreement also verifies that you will be charged on this credit card unless otherwise agreed upon in writing for the cost for any equipment lost, stolen, or damaged.

17. OBJECTIONS: If Customer objects to the suitability of any Equipment or its acceptability for any purpose under this Agreement, Customer shall notify Sitka Baby Rentals immediately by phone or email of Customer’s specific objections upon receipt of the equipment and allow Sitka Baby Rentals the opportunity to provide a suitable replacement. Customer will either (A) be offered a replacement if available, or (B) Sitka Baby Rentals will pickup the item and offer a refund equal to the equipment rental and applicable tax. If a customer chooses to retain possession of equipment for the rental period then no refund will be provided.

IMPORTANT NOTES:

A. We make every effort to arrive on time, however due to unpredictable traffic situations and unexpected delays, we do not guarantee exact delivery times. Allow a 2-hour window for Delivery and Pickup.

B. We sell out of popular items during Holidays and Special Events. We encourage booking early to reserve equipment during these times. Equipment is rented on a First Come – First Served basis. Orders are NOT reserved until we have received approval and payment information. A delivery fee applies each time we deliver to a location. It is best to have 2 separate orders when you have 2 separate delivery dates.

C. Sitka Baby Rentals provides normal consumer-grade baby equipment, in most instances. Our equipment is highly maintained and safety inspected after each rental. However, we do not provide specialty medical items, “professional” or “institutional” equipment. If you are looking to supply beds for a nursery school or other such institution for month-to-month or rent-to-own, we cannot assist you. If you are looking for specialized car seats or strollers for special needs, premature or children undergoing hospital procedures; we do not carry these items please contact a medical supply company. Equipment is intended for those expecting out-of-town guests and for traveling families needing short term rental of equipment for their children while away from home.

D. We do not guarantee specific makes, models, colors or styles.

E. Complaints received following the rental period are not subject to refund. If you have a problem with a rental item, you must notify Sitka Baby Rentals within 24-hours of receipt.

F. Refunds and replacements are not provided for any item due to a child’s inability to sleep, eat, or lack of interest.

G. Sitka Baby Rentals reserves the right to refuse service at our discretion.

18. DEFAULT: In the event that the Customer fails to comply with any of the provisions of this Agreement, including, without limitation making timely payments of sums due hereunder to Sitka Baby Rentals, then (i) Customer shall be deemed to be in default hereunder, and Sitka Baby Rentals at its option may declare this Agreement to be terminated, (ii) Sitka Baby Rentals or its agents may repossess and remove the Equipment, and (iii) Sitka Baby Rentals may pursue any other remedy it may have against Customer. If any of the Equipment is removed from the installation location or other site where equipment is located, Customer hereby agrees to pay Sitka Baby Rentals as liquidated damages the full amount of the retail value of such Equipment. In addition to the foregoing, Customer hereby agrees to pay (i) all bank and other charges resulting from a check of Customer being returned for insufficient or noncollectable funds, (ii) all of Sitka Baby Rentals’s costs of collection from Customer, (iii) a late charge of 1-2/3% per month of any delinquent amount, and (iv) any difference between (a) the actual rental provided herein for the term of the Agreement and (b) the rental that would have been charged by Sitka Baby Rentals had the rental payments been calculated on the basis of a term that commenced on the date of this Agreement and ended on the date of the Customer’s default.

19. GENERAL: Sitka Baby Rentals shall not be responsible for failure to fulfill its obligations under this Agreement due to causes or circumstances beyond its control. In the event of any liability for Sitka Baby Rentals, such liability shall be limited solely to the rental charge of the Equipment. Sitka Baby Rentals shall not be liable for any consequential damages in the event of a default by Sitka Baby Rentals. Customer agrees that it may not and shall not offset against sums due to Sitka Baby Rentals for any existing or future claims that Customer may assert against Sitka Baby Rentals. Sitka Baby Rentals reserves the right to refuse service at its discretion. This Agreement constitutes the entire Agreement and understanding between the parties and may not be altered, modified, or amended except in writing as signed by an authorized official to Sitka Baby Rentals. This Agreement shall be governed by and construed under the laws of the State of Alaska.

20.  Payments: All payments will be processed by Sitka Baby Rentals. Payments are due in full prior to the rental start. Reversal of payment following a rental will be considered theft of services and will be reported to the appropriate agencies, associations and industry affiliates. By approving the order for confirmation and providing payment information, you acknowledge that you have fully read, understand, and Agree to these Terms and Conditions in their entirety.

Shipping & Delivery

At this time, Sitka Baby Rentals only offers direct delivery to cities within its service locations. Items are not available for shipping to areas outside our service locations. Upon delivery, the risk of damage and loss for all merchandise ordered on this Web site pass to you. Items returned damaged or in unrentable condition and items not returned will be billed at full replacement value in addition to all rent, delivery fees and taxes incurred.

We make every effort to arrive on time, however due to unpredictable traffic situations and possible delays, we do not guarantee exact delivery times. Allow a 2-hour window for Delivery and Pickup.

Sales Tax

Sitka Baby Rentals charges hospitality, sales and use tax for merchandise ordered on this Web site based on the applicable tax rates.

Non-Profit and Tax Exempt parties, must provide via emailed PDF, a signed copy of a Tax Exempt Certificate. In the instance of a discount for services or “coupon code”; only one (1) discount is permitted per order. You may not use a Tax Exempt Code and another Discount Code in the same order.

Store Hours

Corporate Office hours are 9AM to 7PM (AKST), Monday through Friday. If you need rental equipment on short notice, please provide us with all the information to respond to your request quickly including the dates of your rental need, location you require delivery to including, items you need, telephone number and email address.

VOID WHERE PROHIBITED: Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. Sitka Baby Rentals reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Products are provided based on availability and are on a First Come/First Served basis. Any offer for any product or service made in the materials on this Web site is void where prohibited.

GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of Alaska shall apply and both parties shall consent to the jurisdiction of said State’s courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.

MISCELLANEOUS: The Terms & Conditions Sitka Baby Rentals constitute the entire agreement between you and Sitka Baby Rentals with respect to this Web site. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Sitka Baby Rentals with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized in writing by Sitka Baby Rentals. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.


TERMS AND AGREEMENTS

Last updated March 28, 2023



AGREEMENT TO OUR LEGAL TERMS

We are LeBlanc Hidi, doing business as Sitka Baby Rentals ("Company," "we," "us," "our"), a company registered in Alaska, United States at 101 Donna Drive, Sitka, AK 99835.

We operate the website http://www.sitkababyrentals.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us by phone at 9077383351, email at contact@sitkababyrentals.com, or by mail to 101 Donna Drive, Sitka, AK 99835United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and LeBlanc Hidi, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.


TABLE OF CONTENTS



1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:
  • access the Services; and
  • download or print a copy of any portion of the Content to which you have properly gained access.
solely for your internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: contact@sitkababyrentals.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:
  • confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
  • to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
  • warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
  • warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Services. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

6. PURCHASES AND PAYMENT

We accept the following forms of payment:

-  Visa
-  Mastercard
-  American Express
-  Discover
-  PayPal

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

7. RETURN POLICY

Please review our Return Policy posted on the Services prior to making any purchases.

8. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:
  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
  • Use any information obtained from the Services in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Services in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Services.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
  • Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases on the Services.
  • Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • Sell or otherwise transfer your profile.
  • Use the Services to advertise or offer to sell goods and services.

9. USER GENERATED CONTRIBUTIONS

The Services does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Services' Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

10. CONTRIBUTION LICENSE

You and Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

11. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

12. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: http://www.sitkababyrentals.com. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

13. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

14. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

15. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Alaska applicable to agreements made and to be entirely performed within the State of Alaskawithout regard to its conflict of law principles.

16. DISPUTE RESOLUTION

Any legal action of whatever nature brought by either you or us (collectively, the "Parties" and individually, a "Party") shall be commenced or prosecuted in the state and federal courts located in Alaska, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose.

17. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

18. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

19. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR $500.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

20. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

21. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

23. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

24. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

25. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

LeBlanc Hidi
101 Donna Drive
Sitka, AK 99835
United States
Phone: 9077383351
contact@sitkababyrentals.com
These terms of use were created using Termly's Terms and Conditions Generator.