Terms of Service

Terms of Service for The Bundle Borrow LLC, an online baby clothing rental service. 

The Terms of Service is a legal agreement between you (“You,” “Your,” “User,” “Client” or “Customer”) and The Bundle Borrow LLC  (“The Bundle Borrow,” “We,” “Us” or “Our”). The website (“Site,” “www.TheBundleBorrow.com” or the “Website”)  is comprised of a number of web pages that are owned and operated by The Bundle Borrow LLC. Our services (“Services”) and the use of this Site are offered to You conditioned upon Your acceptance without modification of the terms, conditions and notices herein (the “Terms”).

These Terms of Service are the terms and conditions under which You will provide information to Us to borrow, rent or buy baby clothes (“Bundle” or “Product” and  collectively “Bundles” or “Products”) by subscription (“Subscription” or “Subscriptions”), interact with Us via Our Site (including but not limited to subscribing to borrow Bundles, creating an account, posting profile information in Your account, commenting on Our blog posts, and interacting with other users or Clients via the site) or receiving similar Services from Us.

YOUR USE OF THIS SITE OR OUR SERVICES MEANS YOU HAVE THOROUGHLY READ, UNDERSTAND AND HAVE AGREED TO SUCH TERMS. PLEASE TAKE A MOMENT TO READ THESE TERMS CAREFULLY AND THOROUGHLY AND RETAIN A COPY FOR YOUR REFERENCE. BY CLICKING ON THE “I ACCEPT” BUTTON, SUBSCRIBING TO USE OUR SERVICES OR PURCHASING PRODUCTS FROM US, YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT CLICK “I ACCEPT.” IF YOU DO NOT ACCEPT THESE TERMS YOU ARE NOT AUTHORIZED TO USE THIS SITE AND RELATED SERVICES OR CONDUCT BUSINESS WITH US.

1. Eligibility- By agreeing to these terms You represent and warrant that You are at least 18 years old. You must be 18 years old to use the Services provided on this Site. If You are under 18, You may use www.TheBundleBorrow.com only with permission of a parent or guardian. The Products We rent to Clients are intended to be used by individuals under the age of 18; however, in order to Subscribe to use Our Products and Services, You must be an adult or have the permission and supervision of an adult who will provide payment information using one of Our approved payment methods at the time payment is rendered. The Bundle Borrow does not knowingly collect, either online or offline, personal information from persons that are under the age of 13  (besides Your child’s name and birth date or month as provided by You for order fulfillment).

2. Registration- In order to Register with an online Member account you will be given a special password via email after checkout to use on our unique Registration page. You agree not to share this password with anyone thereby preventing unauthorized individuals to access Our Member Center. During the registration process You will be asked to select a username and password and provide the required personal information to create Your account (“Account”) and enable Us to send You Products. You agree to provide true, accurate, current and complete information during registration, while creating an Account and/or during the checkout process. Further, You agree to keep all information current and promptly make appropriate updates to Your Account in order to keep it true, accurate, current and complete at all times. If You use Our Site You are responsible for maintaining the confidentiality of Your Account and password and for restricting access to Your computer. You agree to accept responsibility for all activities that occur under Your Account or password. You may not assign or otherwise transfer Your Account to any other person or entity. You acknowledge that The Bundle Borrow is not responsible for third party access to Your Account that results from theft or misappropriation of Your Account. The Bundle Borrow and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in Our sole discretion. You agree to immediately notify Us of any unauthorized use of Your Account.

3. Rental /Purchase Agreement- www.TheBundleBorrow.com is an e-commerce site. The purpose of this Site is to provide baby clothing rental services and related Products to Our Customers. You understand, agree and acknowledge that all Products You rent are being rented for a limited amount of time determined by and according to Our Terms. Ownership of the Products remains with the The Bundle Borrow at all times, unless You purchase the Products as set out in section “3(f)(1)” or offer an item in exchange for one of Our items AND We accept Your offer as outlined in section “3(f)(2).” We use Authorize.net to process credit card payments and Chargify.com to handle Our subscriptions. Both Authorize.net and Chargify provide secure checkout pages that are PCI compliant. Please visit their websites for complete details.

Purchasing gift subscriptions or other items from our site: Gift Subscriptions are non-refundable. When an individual buys a gift subscription they become a “Member” of Our site as far as these Terms are concerned. The Recipient of the gift subscription also becomes a Member of our site when they redeem the Gift Subscription. If the recipient of a Gift Subscription is unhappy with Our service they have the option of canceling their Subscription and We will credit their account or the purchaser’s account with “points” which can be used toward purchasing items from Our site.

Purchasing items with points: Every time You return clothing that can still be kept in circulation You are awarded points (one point per acceptable item). Points are part of our Borrow Bank rewards program and can be used toward discounts, items on Our site or special opportunities. Points are non-transferable. We reserve the right to modify or cancel Our rewards program at any time for any reason.

a. Initial Payment- In consideration of the initial amount You pay for the Subscription that You choose, We will provide You with Your initial Bundle of clothing in accordance with the size Bundle Subscription You have selected.

a(1) Florida Residents: Please read carefully- All Florida residents subscribing to The Bundle Borrow must pay the Florida Sales Tax rate of 6% at checkout. Additionally, some Florida counties impose a Discretionary Sales Surtax. Products and services sold to residents in Florida and delivered into specific counties that impose Discretionary Sales Tax are subject to an additional % of tax on top of the state wide 6% Sales Tax. There are 4 Discretionary Sales Tax categories: None, .5%, 1% and 1.5% depending upon which county You are located in. This is NOT Our rule it is strictly mandated by the state of Florida and paid to the Florida Department of Revenue. You can read more about this tax here: FL Discretionary Sales Surtax. If you would like specific information on the Discretionary tax rate in your county please visit this link: FL Discretionary Tax by County.

Therefore, the prices for Bundles delivered to a Florida county that imposes their own Discretionary Sales Surtax & prices for all Florida residents will be higher than our out-of-state prices. We are sorry for this inconvenience.  An administrative fee of $1.00 will be imposed and charged to Your credit/debit card on file in the event that We have to correct any mistakes that occur by choosing the incorrect county so please choose carefully.

If you live in the following counties YOU ARE NOT SUBJECT TO DISCRETIONARY TAX and you will only be charged the normal 6% sales tax at checkout. No Discretionary Tax for: Alachua, Brevard, Broward, Citrus, Collier, Lee, Marion, Martin, Okaloosa, Palm Beach, St. Johns & Seminole County.  

b. Monthly Payments- After Your initial payment during sign-up You will be charged Your chosen Subscription amount every month with a withdrawal of funds from the credit or debit card You used and on the same date that You initially signed up. In the event You sign up on the 31st of the month and the next month only has 28 or 30 days You will be drafted on the LAST calendar day of that month. You may choose to keep the clothing as long as You want, provided that Your Subscription is “active.” Your Subscription is considered “active” if We are able to process Your monthly payment and You have not notified Us to cancel Your Subscription. Important: If You need to change Your billing/drafting date or billing method at anytime please contact Us directly at Sales@TheBundleBorrow.com and We will assist You. 

b(1). Monthly Bundle Exchanges: Every Subscription allows one (1) optional exchange per monthly billing period. A “Billing Period” refers to the period from one draft from Your account to the next draft from Your account. You may exchange Your Bundle every month as soon as your payment has been drafted successfully. You can only exchange Your Bundle for clothing in a larger size not a smaller size, this does not refer to initial mistakes in sizing when a Bundle is first sent to You (see section 3(b)(2)). You may also use Your exchanges to receive different styles of clothing in the same size or for clothing in both a larger size and new styles.

b(2). Sizing Mistakes: If You receive a Bundle with clothing that is not the appropriate size please contact Us as soon as You discover a problem and We will allow You to return the Bundle and We will send You one in the appropriate size. This exchange will not count toward Your monthly exchange.

c. Upgrading or Downgrading Your Subscription- We provide four (4) Subscriptions for You to choose from. Our Subscriptions start at ten (10) outfits and go to fifteen (15), twenty (20) or up to thirty (30) outfits. When You initially sign up for a smaller Subscription You have the choice of upgrading Your Subscription to one of Our larger Subscriptions or downgrading a larger Subscription to one of Our smaller Subscriptions at anytime without penalty. To upgrade or downgrade Your Subscription just email us at Sales@TheBundleBorrow.com. You will be billed the new subscription amount on your normal billing date.

• f(1). You can reimburse Us for the item: Generally, the cost to replace the item is still below retail; however many items get sent out to You in “new” condition; therefore, Our replacement fees are charged on a case by case basis. You always receive the prices in case of loss or retention on the invoice included in every Bundle. Examples of typical prices for lost or retained items are as follows: onesies-$2-$10, dresses-$5-$20, rompers & sleepers-$5-$15, pants/shorts/skirts/shirts $2-$15 and sweater/jackets $10-$20 or;

h. Shipping, Delivery and Processing Time- The Bundle Borrow always makes an attempt to use the fastest shipping method possible at the time Your order is made. We ship exclusively to the continental United States. We ship Bundles Monday-Saturday (excluding holidays). The time it takes Your Bundle to arrive depends upon Your location in relation to Ours. Generally, it takes 2-3 business days (excluding Sundays and holidays) to receive Your Bundle after it leaves Our location. Our processing center is located in Jacksonville Beach, Florida. Once You make Your initial payment or any time You send back a Bundle in exchange for Your next one, We begin packing up a Bundle to send to You. We try Our best to ship Your Bundle as soon as possible and typically We ship Bundles out on the same day Your payment is drafted (initial payments) or the same day Your Bundle is returned to Us. However, actual processing time may take between 1-5 business days depending on the day/time Your order was placed or account was drafted, order volume, unforeseeable circumstances which may cause unavoidable delays. Whenever We expect Your order to be delayed beyond two (2) days We will contact You via email to inform You of such a delay

b. Our Clothing Standards- When it comes to acquiring inventory We do Our best to make sure the clothes We stock are in the best new or gently used condition possible. Clothing is considered new if We acquire it from a retail store as new, never been worn with tags still attached or We acquire it from a secondhand store with the original tags still attached. Please note we remove ALL tags from Our clothing before pre-washing the items for delivery. No items will arrive in Your Bundle with tags attached. Our standard when it comes to “gently used clothing” is as follows:

1. No set in stains- Clothing is considered having no set in stains when the item has never been stained or light stains are undetectable by Us in normal lighting and any stains have been cleaned before they have set in and caused considerable discoloration to the garment.

2. Clothing that has no rips or tears of any kind.

3. No holes- Clothing is considered having no holes and acceptable for keeping in rental circulation if  no holes are visible without a deliberate attempt by the Customer to find such holes and any holes in the garment are smaller than the tip of a pencil. When any holes get bigger than the tip of a pencil and are noticeable to You or Our team through normal examination, the garment is no longer considered gently used and will be discontinued from circulation and donated.

4. Clothing that is not missing any buttons.

5. No noticeable fading- Clothing items are not considered faded if they are naturally lighter in color and have intentional fading in their original design. Cracked, faded or distressed labels on clothing that are part of the intentional design of the item will not be considered faded. All clothing gets lighter with every wash and is considered having no noticeable fading until a significant amount of discoloration is noticeable by You or Our team under normal examination.

6. No lint balls- Clothing is considered having no lint balls when it does not have noticeable lint balls under normal examination by You without a deliberate attempt to find such lint balls. Clothing with a small amount of lint balls in a concentrated area (usually the bottom of the feet of sleepers) are considered having no lint balls and are acceptable for keeping in rental circulation.

8. Electronic Communications-Visiting www.TheBundleBorrow.com or sending emails to Us constitutes electronic communications. You consent to receive electronic communications and You agree that all agreements, notices, disclosures and other communications that We provide to You electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

9. Links to Third Party Sites/Third Party services- www.TheBundleBorrow.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of The Bundle Borrow and We are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Bundle Borrow is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by The Bundle Borrow of the site or any association with its operators.

Certain services made available via www.TheBundleBorrow.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.TheBundleBorrow.com domain, You hereby acknowledge and consent that The Bundle Borrow may share such information and data with any third party with whom The Bundle Borrow has a contractual relationship to provide the requested product, service or functionality on behalf www.TheBundleBorrow.com Users and Customers.

10. No unlawful or prohibited use/Intellectual Property- You are granted a non-exclusive, non-transferable, revocable license to access and use www.TheBundleBorrow.com strictly in accordance with these terms of use. As a condition of Your use of the Site, You warrant to The Bundle Borrow that You will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of The Bundle Borrow or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Bundle Borrow content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular You will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for Your personal use, and will make no other use of the content without the express written permission of The Bundle Borrow and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of The Bundle Borrow or our licensors except as expressly authorized by these Terms.

11. Use of communication services- The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable You to communicate with the public at large or with a group (collectively, “Communication Services”), You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, You agree that when using a Communication Service, You will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless You own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

The Bundle Borrow has no obligation to monitor the Communication Services. However, We reserve the right to review materials posted to a Communication Service and to remove any materials in Our sole discretion. The Bundle Borrow reserves the right to terminate Your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The Bundle Borrow reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

Always use caution when giving out any personally identifying information about Yourself or Your children in any Communication Service. The Bundle Borrow does not control or endorse the content, messages or information found in any Communication Service and, therefore, The Bundle Borrow specifically disclaims any liability with regard to the Communication Services and any actions resulting from Your participation in any Communication Service. Managers and hosts are not authorized The Bundle Borrow spokespersons, and their views do not necessarily reflect those of The Bundle Borrow.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if You upload the materials.

12. Materials Provided to www.TheBundleBorrow.com or Posted on any of The Bundle Borrow Web Pages-  The Bundle Borrow does not claim ownership of the materials You provide to www.TheBundleBorrow.com (including feedback and suggestions) or post, upload, input or submit to any The Bundle Borrow Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting Your Submission You are granting The Bundle Borrow, our affiliated companies and necessary sub-licensees permission to use Your Submission in connection with the operation and/or improvement of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Submission; and to publish Your name in connection with Your Submission.

No compensation will be paid with respect to the use of Your Submission, as provided herein. The Bundle Borrow is under no obligation to post or use any Submission You may provide and may remove any Submission at any time in our sole discretion.

By posting, uploading, inputting, providing or submitting Your Submission You warrant and represent that You own or otherwise control all of the rights to Your Submission as described in this section including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the Submissions.

13. Third Party Accounts- You will be able to connect your The Bundle Borrow account to third party accounts. By connecting your The Bundle Borrow account to Your third party account, You acknowledge and agree that You are consenting to the continuous release of information about You to others (in accordance with Your privacy settings on those third party sites). If you do not want information about You to be shared in this manner, do not use this feature.

14. International Users- The Service is controlled, operated and administered by The Bundle Borrow from Our offices within the USA. If You access the Service from a location outside the USA, You are responsible for compliance with all local laws. You agree that You will not use The Bundle Borrow Content accessed through www.TheBundleBorrow.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations. The Bundle Borrow only provides rental services to the continental United States and Our rental services are not intended to be used by anyone outside the continental United States. We do not ship internationally.

15. Indemnification- You agree to indemnify, defend and hold harmless The Bundle Borrow, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of Your use of or inability to use the Site or services, any User postings made by You, Your violation of any terms of this Agreement or Your violation of any rights of a third party, or Your violation of any applicable laws, rules or regulations. We reserve the right, at Our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Us in asserting any available defenses.

16. Liability Disclaimer- THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE BUNDLE BORROW LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME. THE BUNDLE BORROW LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.

THE BUNDLE BORROW LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE BUNDLE BORROW LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE BUNDLE BORROW LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

17. Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AND THOROUGHLY AS IT AFFECTS YOUR LEGAL RIGHTS TO SUE US IN THE EVENT THAT A DISPUTE ARISES BETWEEN US AND CAN NOT BE RESOLVED THROUGH TRADITIONAL MEANS-

Most of the time Client’s concerns can be resolved quickly and to the Client’s satisfaction by calling The Bundle Borrow directly at 904-567-6707 or emailing Us at Info@TheBundleBorrow.com In the unlikely event that The Bundle Borrow is unable to resolve a complaint You may have or if The Bundle Borrow has not been able to resolve a dispute We have with You after attempting to do so informally, We each agree to resolve those disputes through mediation first then binding arbitration second or small claims court instead of in courts of general jurisdiction.

Arbitration, which is often cheaper, faster, and less formal than a lawsuit in a court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. Also, in arbitration You are entitled to recover attorneys’ fees from The Bundle Borrow to at least the same extent as You would be in court. Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration.  In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of suit, including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. All Arbitration will take place in Florida at an office agreed upon by both parties and in accordance with Federal Arbitration Act. 

18. Arbitration Agreement- You and The Bundle Borrow agree to arbitrate all disputes and claims between Us after  attending mediation. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

• claims arising out of or relating to any aspect of the relationship between The Bundle Borrow and Our Clients, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
• claims that arose before this or any prior agreement including, but not limited to, claims relating to advertising;
• claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
• claims that may arise after the termination of this Agreement.

References to “The Bundle Borrow”, “Us”, and “We” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude You from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against Us on Your behalf. You agree that, by entering into this Agreement, You and The Bundle Borrow are each waiving the right to a trial by jury or to participate in a class action. This agreement evidences a transaction in the interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.

19. Termination/Access Restriction- The Bundle Borrow reserves the right, in its sole discretion, to terminate Your access to the Site and the related Services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and You hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between You and The Bundle Borrow as a result of this agreement or use of the Site. The Bundle Borrow’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Bundle Borrow’s right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Site or information provided to or gathered by The Bundle Borrow with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the User and The Bundle Borrow with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and The Bundle Borrow with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

20. Changes to Terms- The Bundle Borrow reserves the right, in its sole discretion, to change the Terms under which www.TheBundleBorrow.com is offered. The most current version of the Terms will supersede all previous versions. The Bundle Borrow encourages You to periodically review the Terms to stay informed of Our updates.

Contact Us- We welcome your questions, concerns or comments regarding the Terms:

The Bundle Borrow LLC

PO BOX 50498

Jacksonville Beach, Florida 32240

Email Address:

Info@TheBundleBorrow.com

Telephone number:  

904-567-6707

Effective as of March 01, 2012  

Last Update: April 10, 2012