Terms of Service
Terms of Service:
CampRents, LLC (“CampRents”) provides this site and related Services, including CampRents product rental and sale Services, subject to your compliance with the terms and conditions set forth below. By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms. Please read the following information carefully:
Through our Services, we aim to lower barriers to experiencing the great outdoors by providing high quality, well-tested backpacking and camping gear.
Children under the age of 13 may not use the Services and parents or legal guardians may not agree to these Terms on their behalf. Children under 18 years of age but at least 13 years of age may use the Site and App under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not rent or purchase any gear (“Products”) via the Services. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, you are fully responsible for his or her use of the Services and the rental or purchase of any Products, including all legal liability he or she may incur.
18 YEARS OR OLDER. Products may be rented or purchased for use by individuals under 18 years of age by adults, but we rent and sell only to adults with a payment card or other approved payment method. By clicking agreeing to these Terms, you represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting or purchasing the Products as described in these Terms.
LIMITS. You acknowledge and agree that we may place limits on the rental or purchase of Products, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit any rentals or sales of Products for any reason in our sole discretion, including but not limited to availability and geographic concerns.
COMMUNICATIONS. You consent to receive communications from us, including email, text messages, calls, and push notifications, including for the purposes of notifying you about the status of your order, sending you reminders, facilitating secondary authentication, and providing other information. We may contact you by telephone calls or text messages, including by an automatic telephone dialing system, at any of the telephone numbers provided by you. Standard message and data rates charged by your mobile carrier may apply to the text messages we send you. You may opt out of receiving communications by following the unsubscribe procedures we provide to you. In the case of text messages, you may opt out by replying "STOP" to a text message you receive from us or by emailing email@example.com. You acknowledge that opting out of receiving communications may impact your use of the Services.
RENTAL FEE. The rental fee (“Rental Fee”) for the Product will be the total of the rental fee, insurance charges and delivery charges listed on the Site or App for your rental of the Product. When you place your rental order for a Product, you hereby authorize CampRents to charge your payment card for the Rental Fee. CampRents will charge your payment card the amount of the Rental Fee immediately upon your rental order. A reservation of a Product on the Site is an order for the rental of that Product, regardless of how far in advance that Product is reserved. In addition, at the time of your rental order for a Product, you hereby authorize CampRents to charge your card for any applicable late fees plus applicable sales taxes. Rental Fees exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by CampRents, shall be paid by you to CampRents in connection with your rental order.
CANCELLATION POLICY. You may cancel your rental order subject to the following cancellation fees and policies:
- If you cancel fourteen (14) or more days in advance of the delivery date, there is no cancellation fee and you will receive a full refund issued to the payment card you used for the order.
- If you cancel less than fourteen (14) days in advance of the delivery date and before your bag has shipped, you will not receive any refund, but you will receive a full credit to your CampRents account for the Rental Fee associated with the cancelled order, minus a cancellation fee of $29.95. This credit can be applied to any future CampRents rental.
- If you cancel after your bag has shipped, you will not receive any refund and will be responsible for returning the bag according to the original planned return date.
RETURN PACKAGING. With delivery of the Product, CampRents will provide you with a pre-paid, pre-addressed mailing envelope as well as instructions for your use in returning the Products to CampRents (“Return Packaging”).
RECEIPT OF THE PRODUCTS. Upon delivery, you bear responsibility for the Product(s). You acknowledge that a Secure Shipping Address is highly recommended. A “Secure Shipping Address” means a location where an individual can physically receive Product(s). In the event that an unsecure shipping address is provided, CampRents 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 CampRents will not be liable. You will be liable for all such delays and additional delivery fees.
USE OF THE PRODUCTS. You agree to treat the Products with all reasonable care. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, rips, stuck zippers or other minor damage covered by the insurance you paid for with your rental of the applicable Product. If you return a Product that is damaged or soiled beyond normal wear and tear, then you agree that we shall charge you, and you shall pay, for the price for cleaning, repairing or replacing the Product, as determined in our discretion, up to the Retail Value for the Product. Trip itineraries and webinar content are provided to you at your own risk; you assume all liability for the trip and any injuries or damages sustained therein.
LATE FEES. If you return the Products late or not at all, a late fee of fifty dollars ($50.00) will be charged to the payment card you used to pay the Rental Fee or to any other payment card included in your account information that you have provided to CampRents for every day that you are late returning the Products, and you agree to pay such late fees, up to an amount not to exceed 20 days of late fees ($1,000). The late fee is payable for each order of Products that is not returned when due, not for each Product that is the subject of the order that is late. If you have not returned a Product within twenty (20) days after the return date for the Product, your late return will be considered a non-return and CampRents will charge your payment card the maximum late fee less any late fees that you have already paid, plus applicable sales tax.
LOST RETURN PACKAGING. If you lose the Return Packaging, you will be responsible for returning the item at your own expense by the expected return date, and providing CampRents with a tracking number. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by you.
LIMITED WARRANTIES. The following are the limited warranties CampRents provides in connection with Product rentals. CampRents’ liability to you for failure to comply with any of these warranties is limited to timely delivery of Product conforming to the warranties or a refund of the Rental Fee (excluding insurance and delivery charges) as determined by CampRents:
- CORRECT PRODUCTS. Subject to availability, we will deliver the Products you ordered, including the specified size, on or before the delivery date for which you ordered them, except in the rare event that the Product is damaged beyond repair or there is an occurrence subsequent to the placing of the order that prevents timely delivery. In such event, we will use reasonable efforts to notify you that the Product is unavailable. If we are able to reach you, you will be entitled to choose any available rental Product to replace the unavailable Product. If we are unable to reach you, you acknowledge and agree that we may send you a replacement product of the same or greater value.
- CLEAN AND READY TO USE. The Products will be cleaned and delivered ready to wear. CampRents cleans and inspects each Product with the utmost care, but use of the Product is at your own risk and CampRents shall not be held liable for any health-related complaints associated with any Product.
- SIZING RETURNS. If your Product does not fit you, then you may return the Product to CampRents within twenty-four (24) hours (excluding Sundays and holidays) of the date you received the Product by contacting CampRents at firstname.lastname@example.org or phone (330-529-9099) and returning the Product in conformance with the return procedures above. CampRents will then issue you a credit for the full Rental Fee (less delivery charges) of the Product for a future rental by you of our Products, so long as the Product, in our sole discretion, has not been worn.
The following additional conditions apply to the sale of any Product.
PRODUCTS ARE USED; ALL SALES ARE FINAL AND “AS IS.” You acknowledge and agree that only those Products designated by us on the Site as available for purchase are eligible for purchase by you. CampRents will professionally clean and inspect the Products before they are delivered to you. However, all Products are sold on an “as is” basis, without any warranty whatsoever, and all Product sales are final.
USE OF THE SERVICES. You may not use the Services to: (i) transmit any content, information or other materials that are, or which CampRents considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity; (ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code; (iv) display material that exploits children under 18 years of age; (v) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; (vi) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; impersonate any other person, including but not limited to, a CampRents representative; (vii) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent's consent in case of a child under 13 years of age); (viii) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or (ix) violate any applicable local, state, national or international laws or regulations. You also agree that you will not (and will not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.
INDEMNIFICATION FOR BREACH. By using the Services, you agree to indemnify, hold harmless and defend CampRents and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Terms.
If you post, upload or make available to CampRents or the Services, or otherwise submit to or through CampRents as part of your use of the Services, including the Site, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Products (“Your Content”), you hereby grant to CampRents a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms, and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize CampRents to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.
Access to parts of the Services requires the creation of a user account, including a user name and password that you choose upon registration. You are solely responsible and liable for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your account information and all use or charges incurred from use of the Services with your account. You agree to notify CampRents promptly of any unauthorized use of your account or password. You may deactivate your account and discontinue your use of the Services at any time. In order to deactivate your account, please contact us at email@example.com. You understand that Your Content may continue to exist and be used on or through the Service even after such deactivation. Any violation of these Terms, may result in suspension or termination of your access to the Services and/or removal of Your Content. CampRents may also terminate your account if CampRents determines that your conduct poses a risk or liability to CampRents, or for any other reason as determined by CampRents in its sole discretion.
WARRANTIES. Except for the limited warranties set out above, the Services and Products, including all trial programs, are provided “as is” without any express or implied warranties, including without limitation the warranties of merchantability, quality, or fitness for a particular use. Specifically, but without limitation, CampRents does not warrant that the Services are correct, accurate, reliable, or complete, that the Services will be uninterrupted or error-free, that defects will be corrected, that the Services or the server(s) that provide the services are free of viruses or other harmful components, or that the products will be fit for your intended purpose or otherwise accord with your expectations. This disclaimer does not apply where otherwise prohibited by law. Under no circumstances shall CampRents be liable for any damages of any kind, including without limitation direct, indirect, incidental, special, consequential, exemplary, multiple or other damages arising out of or in connection with the use of, or the inability to use, the Services and/or the Products, even if CampRents has been advised of the possibility of such damages. Your sole and exclusive remedy hereunder shall be CampRents’ use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of your Rental Fee, as applicable (excluding delivery charges), or to discontinue your use of the services and terminate these Terms. The foregoing limitation of liability does not apply where prohibited by law.
You agree that in the event of any dispute, you will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution. All disputes between you and CampRents will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO WAIVE YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury.
CampRents may modify the terms of this Agreement by posting notice of such modification on a page of the Site entitled “Terms of Service” before the modification takes effect.