GOFORTHAND, LLC TERMS & CONDITIONS
Effective May 29, 2016
These terms and conditions (the “Agreement”) are a legal agreement between you (“You” or “Your”) and GoForthAnd, LLC (“GFAnd.com,” “we,” “us,” or “our”), establishing terms and conditions under which You will submit information to, and rent luggage and accessories (each a “Product” and collectively, “Products”) and receive related services (“Services”) from, GoForthAnd, LLC via our website at www.GFAnd.com (the “Website”, "Site").
1. General; Rental Not Purchase; Adult Agreement Required
2. Rental Fees; Credit Card Authorizations; Cancellations
The rental fee (“Rental Fee”) for the Rental Products will be the rental fee and delivery charges listed on the Website in connection with Your rental of the Products. Upon Your order for a Rental Product, You hereby authorize us to charge Your credit card for the Rental Fee. We will charge Your credit card the amount of the Rental Fee upon reservation of the Product. A reservation of a Product on our Website is an order for the rental of that Product, regardless of how far in advance that Rental Product is reserved. In addition, at the time of Your order of a Rental Product, You hereby authorize GoForthAnd, LLC to charge Your credit card for the entire original retail value of that Rental Product (when new) set forth on the Website, plus sales taxes (“Retail Value”); provided that we will only charge the Retail Value in the circumstances set forth in Section 4 below. 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 GoForthAnd, LLC, shall be paid by You to GoForthAnd, LLC in connection with Your order for the rental.
GoForthAnd, LLC will cancel a reservation and its authorization and issue a refund minus a $10.00 processing charge if you email us (“email@example.com”) 8 days prior to the scheduled delivery date of your luggage. If GoForthAnd, LLC has sent a shipping email notification, a cancellation is not allowed and a refund will not be given.
3. Our Commitments to You
- Delivery to You. We will deliver the Rental Products You ordered, including the specified size, color and design, on or before the date for which You ordered them, except to the extent we informed You in connection with Your order that the specific Rental Product was not guaranteed. Rental Products may appear different in color and style than the photos displayed on our Website. Our liability to You for failure to do deliver the Rental Product as ordered is limited to the timely delivery of Rental Product as ordered or a refund of the Rental Fee (excluding insurance and delivery charges) as determined by us. See Section 5(b) below.
- Delivery; Clean and Ready to Use. The shipping method used will be at the discretion of GoForthAnd, LLC. The Rental Products will be cleaned and delivered ready to use. Use of the product is at your own risk and GoForthAnd, LLC shall not be held liable for any health-related complaints associated with a product rented from our site.
- Return Packaging. With delivery of the Rental Product, we will provide You with a pre-paid, pre-addressed return label to use in returning the Products such as Luggage to GoForthAnd, LLC (“Return Packaging”).
- Services. On our Website, we offer various Services to assist You in selecting a Rental Product. Our Services are provided “AS IS” without guarantee as to results.
4. Details on Our Commitment to You
- Limited Warranty. The limited warranties set forth in Section 3 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 in Section 3. Our warranty herein shall not apply to any matters arising from violation of Your commitments set forth in Section 4 of this Agreement.
- Remedies. Your sole and exclusive remedy and GoForthAnd, LLC’s sole and exclusive liability for a breach of GoForthAnd, LLC’s limited warranty shall be, at GoForthAnd, LLC’s option, GoForthAnd, LLC’s use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of Your Rental Fee (excluding insurance and delivery charges)
- 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.
5. Your Commitments to Us; Payment of Retail Value
- Receipt of the Rental Products. Upon delivery, You bear responsibility for the Rental Product(s). You acknowledge that a Secure Shipping Address (defined herein) is highly recommended. A Secure Shipping Address is defined as a location where an individual can physically receive Product(s). In the event that an unsecure shipping address is provided, GoForthAnd, 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 GoForthAnd, LLC is not to be held liable, but You will be held liable.
- Use of the Rental Products. You agree to treat the Rental Products with great care, as if it was borrowed from Your close friend. You are responsible for loss, destruction or damage to the Rental Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. If You return a Rental Product that is damaged beyond normal wear and tear, then You agree that we shall charge You, and You shall pay, for the price for repairing or replacing the Rental Product, as determined in our discretion, up to 200% of the Retail Value for the Rental Product.
- Return of the Rental Products; Extensions. You agree to return the Rental Products to GoForthAnd, LLC in the Return Packaging on the date set forth on the Website in connection with Your order. You may extend Your order for a Rental Product by phone or email (firstname.lastname@example.org); provided that any extensions are subject to pre-payment of the additional Rental Fee applicable to that Product for the period of time of the extension. Return of the Rental Product will be accomplished by completing all activities outlined in the return instructions accompanying your rental by 11:59 pm on the last day of the rental period. If You return the Rental Products late or not at all, a fee of our regular rental prices will continue to run on the product until 10 days past the end of the reservation, and You agree to pay such additional fees. If the Rental is not returned after 10 days past the reservation date, you will be charged 200% of the Retail Value for a new and/or similar version of the Rental Product. 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 GoForthAnd, LLC with a tracking number.
- Payment of Retail Value. “Retail Value” is defined as the following: Premium Full Size Soft Side: $629; Premium Full Size Hard Side: $575; Premium Carry-On Soft Side: $519; Premium Carry-On Hard Side: $475; Standard Full Size Soft Side: $360; Standard Full Size Hard Side: $400; Standard Carry-On Soft Side: $280; Standard Carry-On Hard Side: $300.
- Collections. If You do not pay the amounts You owe to us when due, then we will need to 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 rent Products from us at any time in the event of Your breach of this Agreement or for no reason or any other reason in our discretion.
- 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 emailing email@example.com or following the links provided at the bottom of those e-mails when available.
6. Limitation of Liability
- No Indirect Damage. IN NO EVENT SHALL GOFORTHAND, LLC (OR ITS SUPPLIERS OR LICENSORS) 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 GOFORTHAND, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
- Limited Direct Damages. GOFORTHAND, LLC (AND ITS SUPPLIERS’ AND LICENSORS’) AGGREGATE LIABILITY ARISING OUT OF PRODUCTS AND SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE APPLICABLE RENTAL FEES PAID BY YOU FOR THE APPLICABLE PRODUCT AND/OR SERVICE.
- 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.
The Site may allow you and other third parties to post reviews or comments concerning the Service or the products we distribute. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Site are those of the respective authors or producers and not of GoForthAnd, LLC, or its shareholders, directors, officers, or employees. GoForthAnd, LLC may review and delete any content, in whole or in part, that in the sole judgment of GoForthAnd, LLC violate these Terms and Conditions or which might be offensive, illegal, or that might violate the rights of or harm any third parties. Nonetheless, under no circumstances will GoForthAnd, LLC, or its shareholders, directors, officers, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Service or the Site.
We are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each, a "Submission"), including, without limitation, responses to questionnaires or through postings on message boards on the Site without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Site and the Service. Furthermore, by posting any Submission on the Site, submitting information to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future. By posting or providing a Submission or information, you represent and warrant that public posting and use of your Submission or information by GoForthAnd, LLC will not infringe on or violate the rights of any third party.
Be advised that we do not accept unsolicited materials or ideas for use or publication, and are not responsible for the similarity of any of our content to materials or ideas transmitted to us. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against us and our affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
9. Use Restrictions
You will not use the Site or Service to:
- Upload, post, email, or otherwise transmit any Submission that contains personally identifying information (such as actual names, phone numbers, mailing addresses, email addresses and URL), unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
- Upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email or otherwise transmit any Submission that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
- Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation;
- Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- Intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (j) "Stalk" or otherwise harass another;
- Write comments that in any way refer to persons under 18 years of age;
- Collect or store personal data about other users.
10. Access Limits
Unless otherwise specified, the content on the Site is for your personal and non-commercial use; GoForthAnd, LLC grants you a limited license to access the Site solely for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, offer for sale, or use in any other way the Service, or any information contained on, or obtained from, the Site without the express written consent of GoForthAnd, LLC. Any and all unauthorized uses of the Site or the contents therein will terminate the limited license granted to you. Without our express written consent, you may not:
- Use any automated means to access the Site or collect any information from the Site (including without limitation robots, spiders or scripts).
- Frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information.
11. Intellectual Property
GoForth& is a trademark of GoForthAnd, LLC. All GoForth& graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of GoForthAnd, LLC. Any trademarks not owned by GoForthAnd, LLC that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GoForthAnd, LLC. All content and compilation thereof on the Site, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations, and software, is the property of GoForthAnd, LLC, its licensors, or its product suppliers, and is protected by United States and international copyright laws. No material, including, but not limited to, the material listed above, should be reproduced or used without our express written permission.
This Agreement constitutes the entire agreement between You and GoForthAnd, 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 GoForthAnd, 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 Texas, excluding its conflicts of laws principles. You shall not assign this Agreement without GoForthAnd, LLC’s prior written consent. Termination of this Agreement will not relieve You of any payment obligations hereunder. Sections 1, 2, 3, 4, 5, 6 and 12 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. GoForthAnd, 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.
In the event a dispute shall arise between the parties to this contract, it is hereby agreed that the dispute may be referred to a Texas USA&M office for arbitration in accordance with the applicable United States Arbitration and Mediation Rules of Arbitration at GoForthAnd, LLC discretion. If GoForthAnd, LLC decides to arbitrate, the arbitrator’s decision shall be final and legally binding and judgment may be entered thereon.
We do not have any affiliation, connection, or association with any other luggage company or manufacturer, nor do we currently buy directly from any manufacturer. Our luggage is used as we rent it over and over again.