Lucky Baby is pleased to provide professional pick-up and delivery laundry services to our customers and offers quality and convenience at an affordable price. Our services are subject to the terms and conditions below. Your use of Lucky Baby services ("Services") indicates your agreement to be bound by the terms and conditions contained herein. Please read the following provisions carefully and let us know if you have any questions. We look forward to doing business with you!

Please Note: This Terms of Service ("Terms" or "Agreement") contains the complete terms and conditions that govern your use of the Lucky Baby Services, Lucky Baby website, and Lucky Baby mobile app, including, unless otherwise expressly stated any subdomains thereof, and any other website or mobile application through which Lucky Baby makes the Services available.

Further, please note these Terms contain an arbitration clause and class action waiver that applies to your use of the Lucky Baby websites, mobile application and services. It affects how disputes with Lucky Baby are resolved. By accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.

Laundry services of items included in your plan services that are property of Lucky Baby include cloth prefold diapers and reusable diaper pail liner, and may include cloth wipes.  These properties of Lucky Baby shall be ordered and purchased by Lucky Baby, received, and processed for use in our Services as rental materials.  These properties of Lucky Baby shall be replaced by Lucky Baby when their rental service life expires through normal wear and tear.

BY CONTINUING TO ACCESS, USE OR ATTEMPT TO INTERACT WITH, ACCESS OR USE ANY PART OF THE WEBSITE(S), THE MOBILE APPLICATION, CONTENT OR SERVICES OFFERED BY LUCKY BABY, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THE LUCKY BABY WEBSITE(S), MOBILE APPLICATION, CONTENT OR SERVICES. LUCKY BABY RESERVES THE RIGHT, WITHOUT ADVANCE NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT LUCKY BABY’S SOLE DISCRETION. YOU WILL BE NOTIFIED OF ANY CHANGES TO THIS AGREEMENT UPON SUCH CHANGES GOING INTO EFFECT. FURTHER, YOUR CONTINUED ACCESS TO OR OF USE THE Lucky Baby WEBSITE(S), MOBILE APPLICATION, CONTENT OR SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

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Summary of Terms of Service-

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1.  You rent Lucky Baby cloth diapering supplies, except where Premium or custom plans include customer-owned laundry.

2.  Lucky Baby Services provides laundry services and delivery weekly.  Customer owned cloth diapering supplies and other items will be cared for according to our washing procedures and Lucky Baby Services will not be held responsible for damages of these items over $100 while in our care.  Items not included in your service such as accidentally included baby clothes are not the responsibility of Lucky Baby Services.

3.  You agree to provide certain registration details or other information.  If logins are required and account information is given to our website, we reserve legal rights associated with this information.  Your information security matters to us and we do not sell it.

4. You agree to avoid using stain causing Zinc-Oxide diaper rash creams (i.e. Boudreaux's Butt Paste, Desitin, or A+D Treat).

5.  Lucky Baby Services or you can change your pickup/delivery day with at least 2 days notice.

6.  We strongly suggest you find a secure location for pickup/delivery. We reserve the right to charge for items ruined or stolen.

7.  Missed Pickup Fee: $25.  If you do not leave your dirty laundry in the designated place and time, you may incur a fee.  Changes to your designated place must be requested through our website (look under SERVICES tab) at least 2 days prior to your delivery date.

8.  Payments for service are to be paid online on the 1st (first) day of the month with a 5 day grace period.  Late payment fee: $15.

9.  You have 14 days from payment to cancel any service, prepayment, or gift certificate use.  Past 14 days these are non-refundable.

10. Trash or accidental laundry in your bag, or mishandled and damaged property of Lucky Baby Services may incur a charge.

Last Updated: December 18, 2023

We are always improving our Services, so these Terms may need to change along with our services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at https://www.luckybabyservices.com, send you an email, and/or notify you by some other means.

Should you not agree with the new Terms, you are free to reject them. Upon rejection of the terms you will no longer be able to use our Services. Use of Services in any way after a change to the Terms is effective is an agreement to all changes made.

1. Customer Accounts
You will be asked to provide certain registration details or other information prior to your use of the Lucky Baby Services. It is a condition of your use of the Services that all the information you provide will be correct, current, accurate and complete. If Lucky Baby believes the information you provide is not correct, current, accurate or complete, Lucky Baby has the right to deny access to the Services, or to any of its resources, and to terminate or suspend your access and use at any time without notice to you.

Any termination or suspension shall also result in the termination of any and all future services requested or pre-paid for—the latter which shall result in a full refund of any amount pre-paid for such future services pursuant to Section 6. In the event of a termination or suspension, the Lucky Baby Provider/Partner responsible for rendering the Services shall complete the current services and you shall be responsible for paying for such Services. Termination or suspension shall not waive your responsibility to pay any outstanding invoices for services rendered on or before the termination or suspension of your account.

You are responsible for maintaining the confidentiality, security and maintenance of your account information, including but not limited to: login credentials (username and passwords or passcodes), credit card information, debit card information, banking information (account numbers, routing numbers, bank name, etc.), communications with other Lucky Baby, and communications with Lucky Baby Providers/Partners. You must immediately notify Lucky Baby if any information listed in this section has been lost, stolen, misappropriated, or otherwise compromised.

Further, you must immediately notify Lucky Baby if any unauthorized access to your account has occurred. From time to time, Lucky Baby may require that you change your password. You are prohibited from using the Services or facilities provided in connection with Lucky Baby, the Lucky Baby website(s) or Mobile Applications to compromise security or tamper with system resources and/or accounts, either yours or another customer’s. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Lucky Baby reserves the right to release your account details to the system administrators of other websites and/or the authorities in order to assist them in resolving security incidents, to suspend and/or terminate your account and prohibit your use of and access to the Lucky Baby websites, applications, and services, and take any additional action as permitted by law.

Lucky Baby reserves the right to investigate suspected violations of this Agreement. Lucky Baby reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any email messages, or publishing or otherwise making available any materials that are believed to violate this Agreement. You are liable for any and all activities conducted through your account, unless such activities are not authorized by you and you are not otherwise negligent with respect to such activities.

2. Lucky Baby Providers/Partners
As of this update, Lucky Baby is not currently using other Providers/Partners in our performance of our Services.  If in the course of normal business Lucky Baby decides to make use of any Providers/Partners, the following terms of agreement shall apply.  Lucky Baby Providers/Partners are independent contractors of Lucky Baby. Lucky Baby Providers/Partners are responsible for establishing routines with respect to your service needs, such as pick-up/drop-off schedules, specific laundering instructions and personal preferences. Lucky Baby Providers/Partners have independent control over the means and methods of providing services as well as the products used in your laundering care. Each Lucky Baby Provider/Partner, however, is held to the high standards of customer service and quality performance established by Lucky Baby. If you ever have a compliment or concern with your service, please do not hesitate to contact Lucky Baby at the contact information provided herein. Both Lucky Baby and your Provider/Partner value your business and care about providing excellent service to you.

3. Pick-up/Delivery
All services will be provided by a Lucky Baby Owner or Employee. Pick-up/Delivery will take place on a predetermined day and frequency as determined by you and Lucky Baby, except on certain holidays.

Lucky Baby or you may change the predetermined pick-up/delivery times with advance notice by either you or Lucky Baby. Lucky Baby requires at least a (2) day notice prior to any change.

Under your discretion, you are able to leave your items at a secure spot for pick up, along with a description of the location provided on the sign-up form. This also applies to delivery. Items left for pick up are not under our care until we have retrieved said items. Items left for delivery at the predetermined location will not be under our care once they have been left at the agreed upon location. Lucky Baby and its Providers/Partners are not responsible for, and shall not pay for, any loss, damage or theft of items left unattended by the customer for pick-up or delivery. We strongly advise you to choose a secure location that is outside of public view.

Services will be provided in a one-week turnaround time frame. 

4. Missed/ Pickup or Delivery
A “missed” pickup shall be defined as any time the customer is due for a regularly scheduled or special request pickup, and the Lucky Baby property or your property under service contract, including diapering supplies and laundry bag, are not present in the agreed upon location and time based on your service contract or other communication of notice at least (2) days prior to the scheduled day & time.  It is not the responsibility of the Lucky Baby Owner or Employee to search for or request communication from you if your service agreement Lucky Baby property is not present at the agreed upon location, time & day, though such a courtesy may be provided at the discretion of the Lucky Baby Owner or Employee present at the time.

If a scheduled pickup/delivery is missed, you must coordinate with Lucky Baby to reschedule. You may be subject to a missed pickup/delivery fee in the amount of $25 if you fail to notify Lucky Baby of a delay in your pickup/delivery time or do not provide such notice at least (2) days prior to the scheduled day & time for pickup or delivery, as applicable.

If a missed pickup results in deterioration of the property of Lucky Baby, you shall be charged an appropriate fee to replace any and all items made unusable as a result of failure to place Lucky Baby property in the agreed upon location, time & day.

5. Payment
By placing an order to utilize the Service, you are offering to purchase the services you have selected in said order. Our acceptance of the offer occurs at the time we accept your order for pickup at the designated location. Prior to our acceptance of your order, there is no agreement between you and Lucky Baby binding Lucky Baby to the performance of any services requested in your order. If your order is accepted, we will send you an electronic communication acknowledging receipt of your order including the services and quantities you selected.

Your payment card will be charged the amount of your selected services within an order upon our acceptance of your order, including the service fee applicable to your order. Notwithstanding the foregoing, the amount charged to you for your selected services within an order is subject to change in accordance with the terms set forth below in this Section 5, and any additional amounts owed as a result of said change shall too be charged to your payment card.

All online payments are processed through Lucky Baby’s secured Third Party payment system. Customers understand by inputting their payment information it is authorization as payment for services rendered. Lucky Baby does not accept cash.

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Your recurring/monthly payment is due the first day of each month with a 5 day grace period. Missed payments will result in skipped deliveries. We will still pick up dirty laundry that week so we can protect our investment. 1st missed payment: $4.00

2nd missed payment: $8.00.  3rd and from then on: $15.00

Lucky Baby reserves the right to change prices at any time. Prices for services shown on the Lucky Baby website or mobile application may differ from the prices actually assessed to you, due to packaging measurements, weight, non-standard items, your inclusion of additional items in your order that were not accounted for in your initial order submission, taxes, service fees and other applicable fees.

As such, your total price at the time you submit an order is only an estimate, and you will be charged a final updated total (including any applicable discounts, promotions, coupons (if available), substitutions, service fees, taxes and other applicable fees) within (48) hours of delivery of your order.

Payment should never be made directly to any Lucky Baby Provider/Partner. If additional services outside of the customer’s initial request are requested, the customer authorizes Lucky Baby to charge the fee for such services to his/her credit card on file. Invoices are processed according to the payment terms set forth on the invoice but shall be paid no later than the due date stated thereon. Lucky Baby reserves the right in its sole discretion to suspend and/or terminate a customer’s account and the services to be provided to the customer in the event an invoice is not fully paid. Late fees and termination or suspension of a customer’s account and services shall apply to commercial customers and residential customers. In the event, a payment method is dishonored, rejected or otherwise not capable of being processed ("Payment Denial"), Lucky Baby may assess additional fees to account for any additional expenses or servicing incurred by Lucky Baby or a Lucky Baby Provider/Partner as a result of such Payment Denial. Any amounts owed by a customer thereafter suspension or termination of the customer’s account shall remain due, owed and payable immediately to Lucky Baby.

Lucky Baby does not designate any portion of your payment as a tip or gratuity. You understand and agree that, while you are free to provide additional payment as a gratuity you are under no obligation to do so. Gratuities are voluntary.

6. Refunds
Except as described in this paragraph, all sales are final and all payments are non-refundable. A customer who has signed up for a prepaid package plan or gift certificate will have the right to cancel his or her contract within (14) days of signing up for the Lucky Baby service and receive a full refund if no promotional value was received. After such a fourteen day period expires, Lucky Baby shall have no obligation to refund any amounts paid by the customer. If a promotional value was received the sale is final and the payment is non-refundable.

Gift Certificate Purchaser: In the event the customer has used a gift certificate to purchase Services, and thereafter requests a refund, and such refund is consistent with the terms set forth in this Section 6, any refund to be provided shall be provided to the customer by any method Lucky Baby sees fit to transfer the value of the Gift Certificate back to the customer.

7. Contaminated Items
The customer agrees not to include any of the following items inside their laundry bag (i) non-washable items, (ii) items that are labeled for dry cleaning only, (iii) items that have been exposed to bed bugs, (iv) items that have been exposed to or have come into contact with bio hazardous materials including, without limitation: blood, mold, mildew, lice and other bugs, irrespective of whether such contact or exposure resulted in visible; or (v) any other items not meant for laundering. Should items that have been exposed to (iii) bed bugs, (iv) hazardous materials be sent for processing Lucky Baby reserves the right to charge for any services or products needed to mitigate damages caused to the Providers workspace, vehicle, or physical body and may include compensation for the time required to remedy the situation. Lucky Baby also reserves the right to return contaminated items unprocessed if the items are discovered as contaminated pre-processing and a Missed Pickup Fee of ($25) will be charged.

 8. Garment Care
Premium Plan members may include items they own, not being rented to them by Lucky Baby as our prefold cloth diapers and cloth wipes are, and the following terms of agreement apply to you if you are a Premium Plan member at any time and are including your own personal garment property to be laundered as part of your regular Services.  Allowed laundry items are detailed in plan descriptions available at our website and include only the following: wool diaper covers (aka, “woolies”); fitted and pocket system cloth diapers and liners; other prefolds and wipes purchased by customers with a Premium Plan service agreement; infant and toddler clothes that are machine washable and dryable at any temperature, specifically excluding non-diapering clothing garments with special care instructions that are non-machine washable and non-machine dryable at any temperature.

]Lucky Baby Providers/Partners do not read and are not responsible to read cleaning instruction labels and are not responsible for special care items, such as dry clean only items, which are included in the laundry bag. Although Lucky Baby Providers/Partners use their best efforts to remove stains, stain removal is not guaranteed.

Customers acknowledge that items that have been air-dried (per customer request or Lucky Baby’s determination for best garment care) may be damp upon delivery. The customer is responsible for any and all damage caused by any items left in the customer’s clothing or laundry bag that causes damage to the clothing of any customer, the cleaning machines, or any other property of the Lucky Baby Provider/Partner.

Lucky Baby Providers/Partners may refuse to clean any garment at their sole discretion. Lucky Baby will re-clean items that, at its sole discretion, were not properly cleaned, and have not been worn since they were cleaned, at no additional cost. Lucky Baby and Lucky Baby Provider/Partners are not responsible for loss of or damage to any personal or non-cleanable items left in the clothing or laundry bags such as money, jewelry, or any other item. The customer agrees not to leave such items in their clothing or in their laundry bags and acknowledges by sending items they have checked all pockets. Zippers behave unpredictably while cleaning. Although zippers generally are not an issue, the customer acknowledges that there is a possibility of zipper issues, zipper damage and damage to other items as a result of the zipper’s inclusion in the cleaning process with such items, while following standard wash procedures, and Lucky Baby, does not accept any liability for such issues or damage.

9. Damaged Items
Laundry services of items included in your plan services that are property of Lucky Baby include cloth prefold diapers and reusable diaper pail liner, and may include cloth wipes.  These properties of Lucky Baby shall be ordered and purchased by Lucky Baby, received, and processed for use in our Services as rental materials.  These properties of Lucky Baby shall be replaced by Lucky Baby when their rental service life expires through normal wear and tear.  Items that Lucky Baby determines are damaged outside of the expectations of normal wear and tear, through destruction, neglect, customer laundering, or other causes will be considered as “Damaged Items” as outlined in Section 9.  Items that are purchased by you for Premium Plan laundry services and are damaged during Lucky Baby service agreement custodial times will be considered “Damaged Items” as outlined in Section 9.   

While we strive to provide high-quality laundering services and use all reasonable precautions to avoid damage to clothes, there is a possibility for clothing and other items to be damaged. Damaged items must be reported to Lucky Baby within (5) business days of return of your laundered clothes. Notice can be provided by contacting support@luckybaby.com or call us at 541-205-9108.

Damaged items may be collected for evaluation to determine whether the damages are a result of regular wear and tear, standard washing when the customer has not provided specific instructions on the cleaning methods of the applicable item, shrinkage from repeat laundering, color bleeding or fading, small holes or tears, thinning of fabric, etc. ("Regular Wear and Tear") or if such damage is attributed to the Provider’s services on such damaged items. Whenever possible, and if such damage is attributed to the Provider’s services on such damaged items, we will attempt to restore garments to good condition. Lucky Baby is not responsible for, nor shall Lucky Baby reimburse you for any damage attributed to Regular Wear and Tear. For any items deemed damaged attributed to the Provider’s services and not a direct or indirect result of Regular Wear and Tear, and in the event that the items cannot be restored, Lucky Baby may reimburse up to the full value of that item and the item will be retained by Lucky Baby. Items will be evaluated and depreciation using the International Fair Claims Guide for Consumer Textiles Products. In any event, Lucky Baby’s aggregate liability shall not exceed an amount of ($150) USD. Therefore, it is recommended that items included in an order do not have a value exceeding such aggregate liability total as stated above.

Lucky Baby and Lucky Baby Providers/Partners are not liable for any pre-existing damage to a garment or other item and reserves the right to return any item without cleaning it if any pre-existing damage is found or if Lucky Baby or the Lucky Baby Provider/Partner has a concern about the color fastness or the age or weakness of the fabric of such item.

Lucky Baby will offer refunds or reimbursements for payment made for the cleaning of any items which cannot and are not cleaned due to the aforementioned reasons. All refunds/reimbursements offered by Lucky Baby to the customer, must be accepted by the customer within (10) days from the time of the offer. Once the (10) day period has expired, the customer’s claim will be considered resolved and closed. By accepting a refund or reimbursement you agree such amounts provided to you through that refund or reimbursement constitutes full accord and satisfaction for any amounts which may be owed.

10. Lost Items
In the rare event that something is lost, customers must provide notice within (5) business days of return. Notice can be provided by contacting support@luckybaby.com or call us at 541-205-9108. Items are considered lost if not returned to the customer within (10) days after the claim has been made. Any item deemed lost in Lucky Baby’s care may be eligible for reimbursement up to the full value of that item. Items will be evaluated for depreciation using the International Fair Claims Guide for Consumer Textiles Products. A receipt or proof of purchase will be required. In any event, Lucky Baby’s aggregate liability shall not exceed an amount of ($150) USD. Therefore, it is recommended that items included in an order do not have a value exceeding such aggregate liability total as stated above.

Lucky Baby shall not take responsibility for any loose items, including without limitation, watches, jewelry, cufflinks, and other personal items which are not typically included as part of an order for laundering services, which are lost. Additionally, Lucky Baby is not liable for items misplaced before pick up or after delivery.

11. Laundry Measurement
Orders are measured in quantities of (1) whole bag, which is either (a) (1) 13-gallon trash bags or (b) (1) Lucky Baby reusable bag. Measurements are made prior to washing the items within the bag(s). Per-item measurements are in quantities of (1) whole unit. We use these measurements to determine the total fee assessed to you for your order if your laundry amount is excessive beyond one of our high-capacity washing and drying units.

12. Use of Third-Party Providers
Lucky Baby reserves the right and in its sole discretion, without notice whether advance or thereafter such right has been exercised, to utilize any outside vendor, contractor or other person or business to provide services under this Agreement. Lucky Baby is not liable for any damage or loss due to the acts or omissions of any third party provider.

13. Right of Publicity Consent
Lucky Baby may from time to time request to use your name, photograph, written communication, customer testimonial and comments, and/or video presence while you are interacting with us, a Lucky Baby Provider and/or the services. You are free to decline this request without reservation or explanation. However, you acknowledge and agree that should you consent to such request you immediately grant Lucky Baby the perpetual, unrestricted, worldwide, royalty‐free right to use, reproduce, publish and otherwise distribute your name, photograph, video presence, personal story, written communication, customer testimonial and comments and/or likeness (collectively, "Likenesses") in advertising and in Lucky Baby promotional materials, in any and all formats, platforms or other media or social media now existing or hereafter created, and you hereby waive all claims for remuneration for such use and you release and forever discharge Lucky Baby from any and all claims and demands arising out of or in connection with the use of Likenesses. This authorization may be canceled at any time (for purposes of future uses only) by contacting Lucky Baby by email at support@luckybabyservices.com.

In addition, upon your consent, you acknowledge and agree that such consent shall assign to Lucky Baby any and all copyright interest and right of publicity that may arise as a result of such filming or photography.

14. Confidentiality and Disclaimer
Lucky Baby takes privacy and personal information seriously. Lucky Baby uses customer information to provide services, to process payment, facilitate billing, and for any other purpose reasonably necessary to provide services under this Agreement. Additionally, personal information may be disclosed when required by law necessary to enforce this Agreement or necessary to protect the rights, interests, property of safety of Lucky Baby, Lucky Baby Providers/Partners or others. From time-to-time, we also may send merchant service announcements, newsletters, and periodic notices about specials and new products.

15. Limits of Liability and Disclaimer
Lucky Baby’s liability shall be limited to general money damages in a maximum amount not to exceed ($150) for the instance the charges incurred by the customer during the term in which the damages are alleged to have occurred. This liability shall be the extent of Lucky Baby’s liability regardless of the form in which any legal or equitable action may be brought and the foregoing shall constitute the customer’s exclusive remedy. Lucky Baby disclaims all warranties, express or implied, with respect to Lucky Baby, Lucky Baby Providers/Partners and the services rendered to the customer, including without limitation warranty of merchantability and warranty of fitness for a particular purpose.

UNDER NO CIRCUMSTANCES SHALL LUCKY BABY OR LUCKY BABY PROVIDERS/PARTNERS BE LIABLE TO CUSTOMERS OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THIS AGREEMENT, PROVISION OF SERVICES HEREUNDER OR ACTS OR OMISSIONS OF LUCKY BABY PROVIDERS/PARTNERS SUCH AS, BUT NOT LIMITED TO, LOSS OF USE; LOSS OF REVENUE; ANTICIPATED PROFITS OR LOST BUSINESS; COSTS OF DELAY; PERSONAL OR PROPERTY DAMAGE, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE.

16. Mediation and Dispute Resolution
In the event of any dispute arising out of or in relation to the services provided by Lucky Baby or Lucky Baby Providers, this Agreement or the breach, termination, enforcement or interpretation thereof, or your access to and use of the Lucky Baby websites, or any components thereof (each a "Dispute") the parties agree to the following dispute resolution provisions: First, the party presenting the Dispute shall submit the Dispute to mediation to be conducted by the a Lane County Civil Judge, or another independent mediator, as agreed upon by them.

Mediation shall take place within Lane County, Oregon.

The Mediator shall have the authority to determine the reasonableness of the dispute and each party’s claims or defenses against the other, and may determine any amounts due to either party under this Agreement, or arising out of such claim. The parties agree to enter mediation in good faith in order to resolve the dispute by such mediation and to comply with any settlement agreement reached therein. If mediation fails to resolve any matter, Dispute or component thereof between the parties,, you agree that such matter, Dispute or component thereof not resolved by mediation shall be settled by binding arbitration under the rules of the American Arbitration Association.

Arbitration shall occur within Lane County in the state of Oregon, or any other location to which you and Lucky Baby mutually agree to in writing.

The prevailing party of arbitration between you and Lucky Baby shall be entitled to reasonable attorneys’ fees and expenses from the non-prevailing party to the extent such fees and expenses are permitted under applicable law and the American Arbitration Association Rules.

The arbitrator’s decision shall be final and binding, including all conclusions which render an award to either party. Judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.

WAIVER OF JURY TRIAL. YOU AND LUCKY BABY HEREBY ACKNOWLEDGE AND AGREE THAT EACH AND BOTH, COLLECTIVELY AND INDEPENDENTLY, IS IRREVOCABLY AND UNCONDITIONALLY WAIVING ANY RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR IN RELATION TO THIS AGREEMENT, ACCESS TO AND USE OF THE LUCKY BABY WEBSITES, MOBILE APPLICATIONS, SERVICES PROVIDED BY LUCKY BABY OR LUCKY BABY PROVIDERS, OR ANY COMPONENTS THEREOF.

CLASS ACTION WAIVER. YOU AND LUCKY BABY HEREBY ACKNOWLEDGE AND AGREE THAT EACH AND BOTH, COLLECTIVELY AND INDEPENDENTLY, IS IRREVOCABLY AND UNCONDITIONALLY WAIVING ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION OR ANY OTHER REPRESENTATIVE PROCEEDING AS TO ALL CLAIMS, DISPUTES OR CONTROVERSIES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT, ACCESS TO AND USE OF THE LUCKY BABY WEBSITES, SERVICES PROVIDED BY LUCKY BABY OR LUCKY BABY PROVIDERS, OR ANY COMPONENTS THEREOF.

17. Gift Cards
The purchase, gifting and use of gift certificates from Lucky Baby Services shall be in accordance with the State of Oregon Trade Regulation 646A.276, as found in the Trade Regulation document: https://www.oregonlegislature.gov/bills_laws/ors/ors646a.html

18. Miscellaneous
Lucky Baby reserves the right to discontinue services at its discretion without advance notice to you. In such case, any pre-paid fees for which services have not been provided will be refunded to you pursuant to Section 6 of this Agreement.

This Agreement, including the arbitration provisions herein, shall be governed in all respects by the laws of the State of Oregon.

Neither Customer nor Lucky Baby shall be liable to the other for any failure or delay in its performance due to any cause beyond its control, including acts of war, acts of God, earthquake, riot, sabotage, labor shortage or dispute, internet interruption, government acts, and other similar events.

Each provision of this Agreement shall be interpreted in such manner to be effective and valid under any applicable law, but if any provision is held to be invalid, illegal or unenforceable, then that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

The failure of Lucky Baby to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Lucky Baby must be in writing and signed by an authorized representative of Lucky Baby.

This Agreement constitutes the entire agreement between you and Lucky Baby relating to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Lucky Baby. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Lucky Baby Privacy Policy), guidelines, or rules that may apply to you while you are on the Lucky Baby websites, mobile applications, or through your use of the services provided by Lucky Baby.

Lucky Baby may revise the Terms at any time by updating this posting. You should review the Terms from time to time to determine if any changes have been made.Your continued access to or use of the Lucky Baby websites, mobile applications, content or services after any changes have been made to the Terms signifies and confirms your acceptance of such changes.

LIMITATIONS OF LIABILITY
LUCKY BABY AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS ("THE PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY THIRD PARTY, FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS TO OR INABILITY TO USE OR ACCESS THE APPLICATION, WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IN NO EVENT WILL THE PARTIES’ LIABILITY TO YOU EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100). IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS LUCKY BABY FOR ANY LOSS, DAMAGE OR COST IN CONNECTION WITH ANY CLAIM OR ACTION WHICH MAY BE BROUGHT BY ANY THIRD PARTY AGAINST LUCKY BABY OR THE PARTIES RELATING TO ANY BREACH OF THIS AGREEMENT BY YOU.

DISPUTE RESOLUTION
This Agreement and performance under it will be governed by the substantive laws of the State of Oregon, disregarding its conflict of law rules. If federal jurisdiction exists over any suit, action, or proceeding arising out of or relating to this Agreement, the parties consent to exclusive jurisdiction and venue in the State of Oregon, County of Lane. If not, the parties consent to exclusive jurisdiction and venue in the Oregon state courts sitting in Lane County, Oregon. In any such suit, action, or proceeding, the prevailing party may recover its reasonable attorneys’ fees, costs, and other expenses, including those on appeal or in a bankruptcy action. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act, as currently enacted by any jurisdiction or as may be codified or amended from time to time by any jurisdiction, do not apply to this Agreement.