Terms of Use


Urban Baby Club Customer Terms of Use

May 2022

Please read these Urban Baby Club Customer Terms of Use (these “Terms”) carefully. They govern your access to and use of the Urban Baby Club website (collectively, the “Platform”) and the services offered via the Platform. These Terms also contain important information about your legal rights, remedies, and obligations. By accessing or using the Platform, you agree to comply with and be bound by these Terms

 

Please note: Section 8.2 of these Terms (the “Dispute Resolution Agreement”) contains an arbitration clause, jury trial waiver, and class action waiver that applies to all users of the Platform. If your country of residence is the United States, this provision applies to all disputes with Urban Baby Club. If your country of residence is outside of the United States, this provision applies to any action you bring against Urban Baby Club in the United States. This provision applies to all disputes with Urban Baby Club and affects how disputes with Urban Baby Club are resolved. By accessing the Platform, you agree to be bound by the Dispute Resolution Agreement.  Please read it carefully.

 

Our collection and use of personal information in connection with your access to and use of the Platform or the services offered via the Platform is described in our privacy policy [Privacy Policy].

We may change these Terms from time to time to reflect changes in the way we do business or changes in the law. If you continue to use the Platform after changes to these Terms go into effect, you will be deemed to have agreed to those changes (other than changes to the Dispute Resolution Agreement, which are addressed in the Dispute Resolution Agreement).

Table of Contents

  1. Terms and Conditions for the Services
  2. Prohibited Activity
  3. Termination or Suspension of Access to the Platform
  4. Disclaimers
  5. Limits on Liability
  6. Indemnification
  7. Miscellaneous Terms
  8. Governing Law and Dispute Resolution Agreement

1. Terms and Conditions for the Services

 

1.1   Paying for Services and Tipping. All fees and taxes applicable to the requested Services will be included in the price set forth on the Platform (collectively, the “Fee”). Certain Services are subject to a minimum charge. You agree to pay the Fee for any Services requested. We will charge the Fee at the time the Services are requested to the payment method you provide at checkout. Urban Baby Club will not accept cash or personal checks for Services (other than for tips or for payment for repair or replacement to any rental equipment). After you have received Services, if you would like, you may tip Urban Baby Club via the Platform or in cash.

1.2   Service Requests that Cannot be Fulfilled. If Urban Baby Club is for any reason unable to provide the requested Services, you will be notified within 72 hours of rental date and provided with a full refund.

1.3   Delivery/Pick Up and Service Locations. We offer complimentary delivery within 15 miles from Los Angeles International Airport (LAX).  Urban Baby Club will work directly with you to establish delivery/pick up or service location and times (via telephone, text, or email). You are responsible for providing complete and accurate information regarding the delivery/pick up or service address and contact. When staying at a major brand hotel/resort all items will be delivered to your hotel/resorts bell desk noted with your contact information waiting for you to pick up upon arrival.If it is possible to deliver larger items (cribs, etc...) before you check in we will do our best to set up and deliver prior to your arrival. If the hotel or condo does not allow this we will deliver items after you arrive which depending on time of your arrival may result in an after hours delivery fee (after 4pm). If you will be staying in a private residence or condo it is REQUIRED that you send us the property managers name & contact number.  We will do our best to have your items set up prior to your arrival. However, you are responsible to notify your accommodations/property manager in advance to let them know we will be in touch with them to arrange delivery & set up prior to your arrival.  Failure to do so may result in additional delivery fees. We have specific times for delivery and anything needed outside of these times will require a $25 delivery fee.  

1.4   Additional Services Requests. If, before or after delivery of initially requested Services, you would like to receive additional Services, you may request those Services via the Platform or by contacting Urban Baby Club. All additional Services will be provided at the rates set forth on the Platform, or in the case of special requests, at the rates agreed upon between you and Urban Baby Club. We will charge the additional Fee at the time the additional Services are requested to the payment method you provided for the initially requested Services. If you find that you are in need of additional items or want to “upgrade” an item once you have arrived, we are happy to accommodate your request based on availability, however a return trip $25  delivery fee will be applied to your total.

1.5   Dissatisfaction with Services. If you have a problem or are dissatisfied with any Services provided, you must notify Urban Baby Club within 24 hours of receipt of the Services (or you waive the right to any refund). Urban Baby Club will use best efforts to replace the item/reperform the Services as soon as possible. Rental equipment photos may or may not represent the actual equipment available for rent. If you require the specific item of equipment shown in the photo, you must communicate that to Urban Baby Club under Special Requests.

1.6   Convenience Fees. If you require delivery/pick up of equipment or provision of cleaning services outside the business hours provided by Urban Baby Club or on a holiday, you may be charged a convenience fee. If Urban Baby Club is unable to provide the requested service or required to return to a delivery or service location for any reason that is not due to an error on the part of Urban Baby Club (for example, no one is available at the prearranged time, Customer Equipment to be cleaned has been recalled or is expired, you request additional or replacement rental equipment), you will be charged a convenience fee.

1.7   Cancellation of Services. Our cancellation and refund policy can be found in our FAQs located at FAQ LINK and CLEANING FAQS

1.8   Terms that Apply Only to Equipment Rental Services.

(a)   Extension of Rental Period. If you would like to extend your rental period, you may do so via the Platform or by contacting Urban Baby Club, subject to availability. Extensions requested less than 24 hours prior to the originally scheduled pick up time may be subject to an extension fee.

(b)   Condition of Equipment on Return. You are responsible for any loss, theft, or destruction of any rental equipment from any cause during the rental period. Equipment must be returned in the condition it was received. You may not allow food or beverage in any equipment other than high chairs or booster chairs and you may not allow smoking near the equipment. If any equipment is not reasonably clean on return, you may be charged a per-item cleaning fee. If any equipment is returned (i) with evidence of vomit or excrement or (ii) smelling of smoke, you may be charged an additional per-item detail cleaning fee. If any equipment is damaged (i.e., repair is reasonably feasible), you will be charged a reasonable amount for repair. If any equipment is lost, stolen, or otherwise not returned, or the equipment is destroyed (i.e., repair is not reasonably feasible), you will be charged the fair market value of the equipment plus any shipping costs incurred by Urban Baby Club in connection with replacement of the equipment. If you are required to pay any fees for cleaning, repair, or replacement of equipment, Urban Baby Club will notify you and we will charge the credit card associated with your Urban Baby Club Account.

(c)   Compliance with Equipment Manufacturer Documentation and Applicable Law. You agree to comply with all (i) manufacturer user manuals or other written instructions for use provided or available to you and (ii) all laws, rules, and regulations relating to your use of any rental equipment, including without limitation, Child Passenger Safety Laws. Urban Baby Club will not install any car seat for you. All car seats will be provided with manufacturer user manuals and, upon request, Urban Baby Club will provide you with a list of certified agencies in the area that can assist you. If an Urban Baby Club-provided car seat is in a vehicle involved in any accident, whether or not the child is in the car seat at the time, per the car seat manufacturer and the recommendations of the National Highway Traffic Safety Administration, Urban Baby Club may need to replace the car seat. If a car seat provided to you by Urban Baby Club is in a vehicle involved in any accident while in your possession, you agree to (A) notify Urban Baby Club of the accident, (B) supply Urban Baby Club with the accident report, if any, and (C) pay Urban Baby Club the fair market value to replace the equipment, if necessary. Most insurance companies will replace car seats involved in an accident.

(d)   Request for Services on Behalf of a Guest. If you are a hotel or other provider of accommodations and you are requesting equipment rental services on behalf of a guest, you are required to provide us with the guest’s email address so that we can ensure that the guest is made aware of and agrees to these Terms.

1.9   Terms that Apply Only to Supply Delivery Services.

Product Availability. Urban Baby Club determines what types of products to make available for delivery via the Platform. Urban Baby Club does not guarantee that any ordered product will ultimately be available for Urban Baby Club to purchase and deliver. If you request delivery of a product that is not available, Urban Baby Club will make reasonable efforts to contact you regarding a replacement. If Urban Baby Club is not able to purchase a requested product or replacement, you will not be charged for that product and the fees associated with your delivery will be adjusted accordingly.

1.10 Urban Baby Club  reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Platform will constitute acceptance of the revised Terms.

2. Prohibited Activity

You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Platform. In connection with your use of the Platform, you will not and will not assist or enable others to:

  • breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
  • use the Platform or the Urban Baby Club Content (collectively, the "Content") for any commercial or other purposes that are not expressly permitted by these Terms;
  • copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Platform or the Content;
  • copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the Platform in any way that is inconsistent with Urban Baby Club’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Members or third parties;
  • use the Platform in connection with the distribution of unsolicited commercial messages ("spam");
  • contact Urban Baby Club for any purpose other than asking a question related to your own request for Services, or use the Platform to request services independent of the Platform, to circumvent any service fees or for any other reason;
  • make any payment for services outside of the Platform (except for tips and payments for repair or replacement of rental equipment, which may be made directly to Urban Baby Club;
  • discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
  • use, display, mirror or frame the Platform or the Content, or (a) any individual element within the Platform, (b) Urban Baby Club’s name, trademark, logo, or other proprietary information, or (c) the layout and design of any page or form contained on a page in the Platform; without Urban Baby Club’s express written consent;
  • dilute, tarnish or otherwise harm the Urban Baby Club brand in any way, including through unauthorized use of Collective Content, registering or using Urban Baby Club or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domain names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Urban Baby Club domains, trademarks, taglines, promotional campaigns or Content;
  • use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Platform for any purpose;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by us to protect the Platform;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform;
  • take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Platform;
  • export, re-export, import, or transfer any Urban Baby Club application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
  • violate or infringe anyone else’s rights or otherwise cause harm to anyone.

You acknowledge and agree that Urban Baby Club administers its policies, including decisions about whether and how to apply them to a particular situation, at its sole discretion. You agree to cooperate with and assist Urban Baby Club in good faith, and to provide Urban Baby Club with such information and take such actions as may be reasonably requested by Urban Baby Club, with respect to any investigation undertaken by Urban Baby Club regarding any use or abuse of the Platform.

3. Termination or Suspension of Access to the Platform


3.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Urban Baby Club terminate the Agreement in accordance with this provision.

3.2 You may terminate this Agreement at any time by sending us an email. If you cancel your Urban Baby Club Account as a Member, any confirmed booking(s) will be automatically cancelled and Booking Users will receive a full refund. If you cancel your Urban Baby Club Account as a User, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Booking’s cancellation policy.

3.3 Without limiting our rights specified below, Urban Baby Club may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.

3.4 We may immediately, without notice, terminate or suspend your Urban Baby Club Account and your access to the Platform if (a) you have materially breached your obligations under these Terms, (b) you have violated applicable laws, regulations or third-party rights, or (c) we believe in good faith that such action is reasonably necessary to protect the personal safety or property of Urban Baby Club or third parties. If your access to your Urban Baby Club Account and your access to the Platform has been terminated or suspended, you may not register a new Urban Baby Club Account or access and use the Platform through a Urban Baby Club Account of another User.

4. Disclaimers

If you choose to use the Platform or the Content, you do so voluntarily and at your sole risk. The Platform and the Content are provided “as is”, without warranty of any kind, either express or implied.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

5. Limits on Liability

If you are dissatisfied with the Platform, you do not agree with any part of these Terms, or you have any other dispute or claim with or against us, with respect to these Terms, the Platform, or the Services, then your sole and exclusive remedy against us is to discontinue using the Platform.

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Platform and the Content and your use of the Services, and any interaction you have with Urban Baby Club or other Users, whether in person or online, remains with you. Use of certain rental equipment, including without limitation, trampolines, inflatables, and play structures, may result in physical injury, especially when used by multiple persons at once. It is your responsibility to investigate any rental equipment to determine whether it is suitable for you. Neither Urban Baby Club nor any other party involved in creating, producing, or delivering the Platform, the Content, or the Services, including without limitation any (“Released Parties”), will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (a) these Terms, (b) the use of or inability to use the Platform or the Content, (c) any communications, interactions or meetings with, other Users or other persons with whom you communicate, interact or meet with as a result of your use of the Platform, or (d) your use of the Services, including your use of any rental equipment, use of any of your equipment after it has been cleaned, or use or consumption of any products delivered, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not we have been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

Except for our obligations to pay amounts to Urban Baby Club or make refunds to Users pursuant to these Terms, in no event will Urban Baby Club’s and any other Released Party’s aggregate liability arising out of or in connection with these Terms and your use of the Platform, the Content, or the Services, or your interactions with Urban Baby Club or other users of the Platform exceed the lesser of $100.00 (USD) or the aggregate amount you have paid or owe for Services requested via the Platform in the twelve-month period prior to the event giving rise to the liability.

The limitations of damages set forth above are fundamental elements of the basis of the bargain between us and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect our liability for death or personal injury arising from our negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

If you reside in the EU, we are liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. We are liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents, but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability is excluded.

6. Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at our option), indemnify, and hold Urban Baby Club, the Released Parties and its and their affiliates and subsidiaries, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your breach of these Terms or any laws, regulations or third party rights, (b) your improper use of the Platform, the Content, or any Services, and (c) your interaction with any Urban Baby Club employee, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you may not in any event settle any matter without our prior written consent.

7. Miscellaneous Terms

7.1   Severability. If any provision of these Terms is or becomes invalid or nonbinding, the parties will remain bound by all other provisions hereof. In that event, the parties will replace the invalid or nonbinding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or nonbinding provision, given the contents and purpose of these Terms.

7.2   Assignment. You may not assign or transfer these Terms or any of your rights or obligations hereunder, in whole or in part, without our prior written consent.

7.3   Entire Agreement. These Terms, including any policies referenced herein, constitute the entire agreement and understanding between us and you with respect to your use of the Platform, the Content, and the Services and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding your use of the Platform, the Content, or the Services.

7.4   No Waiver. If we fail to enforce any right or provision in these Terms, the failure will not constitute a waiver of that right or provision.

7.5   Interpretation. In these Terms, the words “including” and “include” mean “including, but not limited to.” Section headings are for convenience of reference only and shall not affect the meaning of any provision of these Terms.

7.6   No Third-Party Beneficiaries. The Released Parties are intended to be third-party beneficiaries. Except for the Released Parties, there are no third-party beneficiaries to these Terms.

7.7   Notices. Any notice delivered by us to you will be delivered by email to the email address associated with your Urban Baby Club Account or, if you don’t have a Urban Baby Club Account, the email address you provided when you submitted the relevant request for Services (to be clear, Urban Baby Club employees will contact you via whatever method you and the employee  agree upon (e.g., email, cell phone)). 

7.8   Feedback. You may provide us with comments, suggestions, enhancement requests, recommendations or other feedback arising out of your experience with the Platform, the Content, or the Services (collectively "Feedback"). If you do provide Feedback, you assign to us all right, title, and interest, including any intellectual property rights therein, and agree not to assert any "moral rights", in and to the Feedback. Further, you understand and acknowledge that we will own all right, title and interest, including intellectual property rights therein, in and to any enhancements to the Platform, the Content, or the Services, or other services offered by us or any of our affiliates, or any new services developed by us or any of our affiliates, based upon or otherwise incorporating your Feedback.

7.9   Representation Regarding Age and Residency. You represent and warrant that you are 18 years of age or older and you are not a person or entity barred from using the Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction.

8. Governing Law and Dispute Resolution Agreement

8.1 This Dispute Resolution and Arbitration Agreement shall apply if your (i) country of residence or establishment is in the United States; or (ii) your country of residence or establishment is not in the United States, but bring any claim against Urban Baby Club in the United States (to the extent not in conflict with Section 21).

 

8.2 Overview of Dispute Resolution Process. Urban Baby Club is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 19.1 applies: (1) an informal negotiation directly with Urban Baby Club’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 19 and except as provided in Section 19.6). Specifically, the Consumer Arbitration Rules provide:

 

Claims can be filed with AAA online (www.adr.org);

Arbitrators must be neutral and no party may unilaterally select an arbitrator;

Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;

Parties retain the right to seek relief in small claims court for certain claims, at their option;

The initial filing fee for the consumer is capped at $200;

The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;

The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.

8.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Urban Baby Club each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Urban Baby Club’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.

 

8.4 Agreement to Arbitrate. You and Urban Baby Club mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the Urban Baby Club Platform, the Tool Owner Services, the Group Payment Service, or the Collective Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Urban Baby Club agree that the arbitrator will decide that issue.

 

8.5 Exceptions to Arbitration Agreement. You and Urban Baby Club each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

 

8.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.

 

8.7 Modification to AAA Rules – Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Urban Baby Club agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in San Francisco County; (c) in any other location to which you and Urban Baby Club both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.

 

8.8 Modification of AAA Rules – Attorney’s Fees and Costs. You and Urban Baby Club agree that Urban Baby Club will be responsible for payment of the balance of any initial filing fee under the AAA Rules in excess of $200 for claims of $75,000 or less. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Urban Baby Club agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA Rules, to recover attorneys’ fees and expenses if it prevails in arbitration.

 

8.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

 

8.10 Jury Trial Waiver. You and Urban Baby Club acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

8.11 No Class Actions or Representative Proceedings. You and Urban Baby Club acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all Disputes. Further, unless you and Urban Baby Club both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section 19.11 is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section 19.11 is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and you and Urban Baby Club agree that any private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.

 

8.12 Severability. Except as provided in Section 19.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

 

8.13 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if Urban Baby Club changes this Section 19 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Urban Baby Club’s email to you notifying you of such change. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Urban Baby Club (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Urban Baby Club.

 

8.14 Survival. Except as provided in Section 19.12 and subject to Section 15.8, this Section 19 will survive any termination of these Terms and will continue to apply even if you stop using the Urban Baby Club Platform or terminate your Urban Baby Club Account.

 

9. Feedback


We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Urban Baby Club Platform (“Feedback“). You may submit Feedback by emailing us, through the contact section of the Urban Baby Club Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

 

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