Lifecycles Maternity Rental Agreement

These terms and conditions are a legal agreement between you ("You" or "Your") and Lifecycles Maternity, LLC (LM, LLC). with corporate offices at 145 Reynolds Mill Road, York, PA 17403 ("LM, LLC" "We" “we” "us" or "our"), establishing terms and conditions under which You will submit information to, and rent outfits (defined as a dress or as shirts and pants) (each a “Product” and collectively, "Products or Items") and receive related services (“Services”) from, LM, LLC. via our website at www.lifecyclesmaternity.com (the "Website").

CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY ORDERING PRODUCTS OFFERED ON OUR SITE, SIGNING UP FOR THE SERVICE AND PUTTING IN YOUR CREDIT CARD DETAILS, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU WILL NOT BE PERMITTED TO RENT THE PRODUCTS.

WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT IN THE FUTURE AND ANY CHANGES WILL APPLY TO THE RENTAL OF ANY PRODUCTS AFTER THE DATE OF SUCH CHANGE.

1.    General; Rental Not Purchase; Adult Agreement Required.

This Agreement contains all the terms and conditions governing Your rental of Products from LM, LLC. You agree that Your general use of our Website, other than rental orders as set forth in this Agreement, is subject in all respects to our Website Terms of Service available at www.lifecyclesmaternity.com/Rent-Maternity-Clothes/Lifecycles_Maternity_Privacy_Terms, and that such terms may change from time to time. No other terms or conditions (preprinted or otherwise) shall have any force or effect. You agree and acknowledge that You are renting the Products and that ownership of the Products remains with LM, LLC at all times.

Our Products may be rented for use by individuals under 18 years of age, but rentals are made only to adults who must provide credit card information which must be approved by our merchant and processing agent. If You are under 18 years of age, You may accept these terms and conditions and order Products only with involvement and approval of Your parent or legal guardian. We currently and generally limit the number of outfits that can be rented by You and our other customers to seven (7) at any time. For purposes of counting these outfits, an outfit is defined as 1 dress or 1 shirt. To complete an outfit, when You rent a shirt, you will also be permitted to rent pants. If 1 or 2 shirts are rented, 1 pair of pants may be rented, if 3 or 4 shirts are rented, 2 pairs of pants may be rented and if 5+ shirts are rented, 3 pairs of pants may be rented. Your purchase of a subscription provides you the right to rent outfits, in quantities as defined by your membership plan, that can be in your possession at any given time for an unlimited period of time so long as you continue to make recurring payments for your membership each month. It also provides you with the right to exchange any or all of your outfits once per month for free. If you need to make additional exchanges before the end of the month, you may an exchange for a fee of $18 per exchange to cover shipping and processing.

2.    Rental Fees; Credit Card Authorizations; Cancellations.

The rental fee (“Rental Fee”) for the Products will be the monthly rental fee (as defined on the website for your specific membership or sometimes defined by any discounts offered to you) PLUS any insurance charges or additional fees listed on the website in connection with Your membership.

Upon Your order, You hereby authorize our third party payment processing agent (the "Payment Processor") to charge your credit card for the Rental Fee and / or monthly subscription fee on a recurring basis whereby your card will be automatically charged thirty days from the commencement of your membership. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Rental Agreement and our Privacy Policy. We are not resposible for error by the Payment Processor.

Rental Fees exclude all federal, state and local taxes, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by You directly or, if paid by LM, LLC, shall be reimbursed by You to LM, LLC. in connection with Your order for the rental.

You may cancel your membership at any time prior to the renewal of your membership to LM, LLC to avoid being charged for another month. Canceling account post renewal date will result in your account being charged for an entire month of LM, LLC membership. Once you cancel your membership, you are responsible for submitting to the prescribed method of return – typically FEDEX, UPS or the United States Postal Service (USPS) - any outstanding outfits in your possession within FIFTEEN (15) CALENDAR DAYS. Failure to do so will result in you being charged a cancellation fee equal to 4 times your current membership rate, which, at that point, the clothing in your possession will be yours to keep.

3.    Offering.

  1. Delivery

    All deliveries will be made as per LM, LLC delivery and mailing schedules. We do not ship on weekends. We do not guarantee the delivery date of items and you agree that items you have ordered will be delivered as they become available. However, sometimes LM, LLC Products may appear slightly different in color and style than the photos displayed on our website.

  2. Exchanges

    As described above, your membership includes 1 free exchange of our Products per month. This exchange includes any exchange made due to the clothing not fitting. If you need to make additional exchanges, there will be a per exchange fee of $18 which will be charged to your credit card. We will be using a third party service to determine the most cost effective method for shipping, so return labels may vary between service providers (USPS, FEDEX, UPS, etc.).

  3. Cleaning

    All Products will be professionally cleaned and delivered ready to wear for each consumer. We tumble wash and / or dry clean and inspect each product with the utmost care, but use of the product is at your own risk and LM, LLC shall not be held liable for any health-related complaints associated with a product rented from our site. We will provide you with care instructions for the products. Any failure to follow these care instructions may constitute damage of the product beyond normal wear and tear, as defined below.

  4. Return Packaging

    When an exchange or a cancellation is processed through our website, a return label will be provided to you for use in returning your outfits. These labels may vary between service providers and, as such, it is incumbent upon you to acquire the appropriate return packaging. Should you be unable to do so, please contact our customer service at service@lifecyclesmaternity.com to request packaging.

  5. Services

    On our Website, we may offer Services to assist You in selecting a Product. Our Services are provided “AS IS” without guarantee as to results.

4.    Your Commitments to Us; Payment of Retail Value.

  1. Receipt of the Products

     

    Upon delivery, You bear responsibility for the Product(s). In the event that an unsecure shipping address is provided, LM, LLC does not bear liability for Products left unattended. Furthermore, You acknowledge that providing anything other than a secure shipping address may result in delivery delays and additional delivery fees for which LM, LLC is not to be held liable; however, You will be held liable.

    Use of the Products

    You agree to treat the Products with great care, and return it in the same condition as was delivered to you. You are completely responsible for loss, destruction or damage to the Products due to theft, disappearance, fire, stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, missing beads, stuck zippers or other minor damage covered by the subscription price you paid in order to rent the outfit. If You return a Product that is damaged beyond normal wear and tear, then You agree that we shall charge You, and You shall pay a fee ranging from $25 to $100, for repairing or replacing the Product, as determined in our discretion or as explained to you in the package delivered to you.

    Collections

    If You do not pay the amounts You owe us when due, then we may institute collection procedures. You agree to pay our costs of collection, including, without limitation, reasonable attorneys’ fees.

    Removal

    We reserve the right to terminate your right to be a member of LM, LLC at any time in the event of Your breach of this Agreement or for no reason or any other reason in our discretion.

  2. Email

    We will use the preferences and orders You provide on our Website to send You e-mails and other marketing materials for other Products. You may opt out of receiving those e-mails by clicking on the links provided at the bottom of those e-mails when available. We will still contact you via email to confirm additional orders after opting out of receiving promotional materials.

  3. Limited Warranty

    The limited warranties set forth throughout this agreement apply only to You, may be acted upon only by You, and may not be assigned, sold or transferred to any third party. No warranties are granted other than as set forth throughout this agreement. Our warranty herein shall not apply to any matters arising from violation of Your commitments set forth in this Agreement.

  4. Remedies

    Your sole and exclusive remedy and LM, LLC’s sole and exclusive liability for a breach of LM, LLC’s limited warranty shall be, at LM, LLC’s option, LM, LLC’s use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner.

  5. Disclaimers

    THIS LIMITED WARRANTY IS IN LIEU OF ANY OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) WITH RESPECT TO THE PRODUCTS, THE SERVICES RELATED THERETO OR THE USE OR RESULTS OF THE PRODUCTS OR SERVICES.

  6. Limitation of Liability.
    1. No Indirect Damages. IN NO EVENT SHALL LM, LLC (OR ITS SUPPLIERS, LICENSORS OR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES, OR FOR LOSS OF PROFITS OR LOSS OF USE DAMAGES, ARISING OUT OF THE PRODUCTS OR SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF LM, LLC ET. AL. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
    2. Limited Direct Damages. LM, LLC’S (AND ITS SUPPLIERS’, LICENSORS' AND AFFILIATES) AGGREGATE LIABILITY ARISING OUT OF PRODUCTS AND SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THREE MONTHS WORTH OF THE APPLICABLE RENTAL FEES PAID BY YOU FOR THE APPLICABLE PRODUCT AND/OR SERVICE
    3. Use of Results at Your Risk. YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY FOR ANY CLAIMS AGAINST YOU AND/OR DAMAGES ARISING FROM USE OF THE PRODUCTS DURING YOUR RENTAL PERIOD.

5.    Miscellaneous.

This Agreement constitutes the entire agreement between You and LM, LLC with respect to the subject matter hereof and is the final, complete, and exclusive statement of the terms of the Agreement, superseding all prior written and oral agreements, understandings and undertakings with respect to the subject matter hereof. Modifications may be made only by LM, LLC. We reserve the right to terminate or amend this Agreement at any time for any or no reason, effective upon notice to You of such termination or amendment. The waiver of any term or condition or any breach thereof shall not affect any other term of condition of this Agreement. The Agreement shall be governed by and construed in accordance with the laws of the State of Pennsylvania, excluding its conflicts of laws principles. You shall not assign this Agreement without LM, LLCS’s prior written consent. Termination of this Agreement will not relieve the previous Sections 1, 2, 3, 4 and 5, all of which shall survive this termination of this Agreement according to their terms. If any provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of any authority having jurisdiction over this Agreement, the validity of the remaining portions or provisions hereof shall remain in full force and effect. LM, LLC shall not be liable for failure to perform any of its obligations hereunder by reason that are beyond its reasonable control, including, without limitation, fire, earthquake, interruptions in supply, other natural disaster, war embargo, and/or riots or acts of terrorism.

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