These Terms of Service constitute a legally binding agreement between you and Catchbright, LLC, doing business as Last Minute Gear, governing your use of services provisioned by LMG ("LMG") or Rubber Sole Climbing, LLC ("Rubber Sole"), whether online (via lastmingear.com, the "Site"), in-person, or by phone. The use of the term "we" incorporates anyone working on LMG's or Rubber Sole's behalf, including its owners, employees, managers, agents, contractors, attorneys, and volunteers.
By 1) checking the box "I agree to the Terms of Service" in initiating an Order, or 2) accessing and using any part of the Site, or 3) sending an email confirming that you agree to the Terms of Service, you agree to be bound by these Terms of Service. For purposes of these Terms of Service, references to LMG Gear includes Rubber Sole.
Internet technology, and the applicable laws, rules and regulations change frequently. LMG reserves the right to make changes to these Terms of Service at any time. Continued access and/or use of the Site in any manner constitutes assent to any new Terms of Service provisions that may be posted on lastmingear.com.
LMG sells, rents, and lends equipment and gear. Additional services include but are not limited to delivery, pickup, setup, and takedown of gear. We can be reached at [email protected] or +1-415-813-1881; we recommend calling or texting for emergencies.
Rubber Sole is an affiliate of LMG that provides rock climbing footwear and accessories to LMG for rental purposes. These Terms of Service likewise apply to Rubber Sole.
Use of LMG is limited to individuals who are 18 years of age or older. In initiating an Order with LMG, you represent and warrant that you are at least 18 years old and that all information you submit is accurate and truthful.
Users do not need an account to access LMG at this time.
User: Anyone who accesses the Site for any purpose whatsoever.
Customer (also referred to as "You"): A User who uses any of LMG's services, as described in Section 1.
Store Hours: When LMG's physical store is attended by LMG staff. Most updated hours can be found on the Site
After Hours: Any other time outside of Store Hours, when LMG's physical store is not attended by LMG staff, but services may still be provided through LMG's automated systems
Get Option or Return Option: Customer-selected option to Get or Return Item(s):
Time Window for Get or Return Option (also referred to as "Time Window"): Window of time Customer selects to Get or Return Item(s) by DIY or Courier. May be defined as Store Hours, or a custom time range spanning Store and/or After Hours. NOTE: Get or Return Shipping Options do not have a Time Window, as the number of days to ship is a shipping option defined by the Customer himself or herself (see section on shipping above and below)
Item: The physical item that is part of an Order, may be a Borrowed Item, Rented Item, or Purchased Item. Customers will receive Purchased Items new or re-sellable condition; these items were purchased by LMG originally in new condition, not secondhand; LMG does not make sales of secondhand or used products. Customers will receive Rented Items in used condition as these items have been rented to other Customers; these Items were purchased by LMG originally in new condition, not secondhand. Customers will receive Borrowed Items in used condition; these Items were received by LMG either in as-is condition as donated by community members or were previously a Rented Item that LMG no longer wishes to rent.
Order: The entirety of an Order, entered on the Site or with a LMG staff member, consisting of Item(s), selected Get and/or Return Options with Time Windows where applicable, and payment and/or contact information
a. Making & confirming an Order. Orders are made as described in Section 4. LMG will send an immediate order confirmation to confirm that payment has been processed (if you did not receive this, please contact us ASAP)
b. Cancellation Policy.
c. Changing an Order. To make any changes to your Order, either visit your dashboard (linked from your confirmation email) or contact us.
d. Selecting Item(s).
e. Getting & Returning Items.
f. Inspecting Items upon receipt. We encourage the Customer to inspect all Item(s) upon receipt, especially Borrowed Items with are community-donated. Once the Customer leaves the store with the Item(s) (for Get DIY), or 3 hours have elapsed since s/he has received the items (for Get Courier), or 1 day has elapsed since the item shows delivered (for Get Shipping), Customer assumes responsibility of the Item(s) in accordance with the sections below.
g. Using the Items (damage & loss policy for Rented or Borrowed Items). Customer shall keep all Item(s) rented or borrowed in the order and condition in which they were accepted and shall return them (and their accessories, such carrying cases) in the same order and condition, save for reasonable wear and tear. Accessory items used to power the Item(s) rented, such as batteries or gas canisters, should be returned even if drained of power. Items should be returned dry, if items are returned wet, there may be up to a $30 per item drying fee (outdoors equipment can become damaged or even unusable if stored wet for prolonged periods of time). Customer should not attempt to clean (short of basic brushing, wiping, dusting, ory drying), repair, or replace Item(s) or parts to avoid further accidental damage and/or repairs/replacements that are not acceptable and have to be billed by LMG anyway.
To the extent that damages or losses are incurred by Customer during his/her possession of Item(s), he/she should notify LMG when Item(s) are picked up or returned. Regardless, LMG will calculate reasonable repair or replacement costs and notify Customer within 7 business days after Item(s) have been returned (LMG will notify Customer if more time is required, for example to obtain an estimate of repair costs). After LMG notifies Customer of fees, if Customer does not respond within 7 business days for damaged items or 3 business days for lost items, LMG reserves the right to charge the quoted costs.
Product ID Tags. Rented or Borrowed Items may have a Product ID tag with a numeric ID. If you receive an item without this or if it falls off, let us know ASAP. The ID tags keep track of which Customer used which Item, and if it falls off, we may not be able to accurately determine who was responsible for repairs or replacement fees. In this case, all parties who rented the same brand/ model Item and returned it without an ID tag may be responsible for additional fees (E.g., if Pat & Kris both rented the exact same model of gloves, both removed the Product ID tag, and one of them did not return the gloves, we have to reach out to both Pat & Kris for the replacement. If neither believes they did it, we would have to split the repair cost evenly to both Pat & Kris).
h. Returning Rented or Borrowed Item(s) late: Any Item(s) not returned when due is subject to a $10 per-item per-day fine. The due date is effectively the end date selected by the Customer when the order is placed. Please note, if Customer has elected to ship products back to LMG, it is the Customer's responsibility to both select a end date & then choose a shipping method that allows us to have received the Item(s) by the end date. Further any Item(s) not returned within 3 days may be defined as a loss and Customer may be billed a full replacement cost. LMG aims to be understanding of special circumstances, but this policy is in place to ensure all of our customers are able to use our gear.
i. Personal effects accidentally returned with Item(s): LMG shall not be responsible for loss or damage to personal effects left behind by Customers. LMG will make a reasonable effort to return any Items that LMG determines, in its sole and absolute discretion, to be of value to Customers.
j. Return Policy for Purchased Items Purchased Item(s) not used (e.g., worn or open), in its original, saleable condition with all original tags attached are accepted for returns up to 30 days after the purchase date. Refunds will be applied to the original form of payment, minus any applicable fees (e.g., for Return Shipping or Return Courier option).
Customers with at least one Rented Item in their Order (also known as Referring Renter), and no Rented Items of climbing equipment and gear, may receive a rebate for referring new Customer(s) with at least one Rented Item (without item restrictions) in their Order (also known as Referred Renter[s]) subject to the following rules and restrictions:
Customer agrees that he/she is solely responsible for his/her health and safety and certifies that he/she has the experience, skill, and ability necessary to use Item(s) rented. Customer agrees that he/ she is responsible for knowing how to properly use the Item(s) and for obtaining necessary instruction as needed.
Customer shall be solely responsible for all Item(s) rented, regardless of whether Customer permits or shares Item(s) with additional persons. Customer understands that there is no insurance coverage provided and he/she shall be financially responsible for all lost, theft, abnormal wear and tear and cleaning of any Item(s) rented pursuant to these Terms of Service.
a. Acknowledgement of Risks. Hiking, camping, backpacking, skiing, snowboard, snowshoeing, rock climbing, and other outdoor activities for which Item(s) may be used are physically strenuous and inherently dangerous activities. Customer understands and acknowledges that there are known and unknown risks that could arise from his/her use of any Item(s) obtained and his/her participation in activities for which Item(s) were obtained. These risks can arise not only from the general existence or use of such Item(s), but also from the malfunction of such Item(s), whether through ordinary wear and tear, misuse or other negligence by any user, including prior owners, You, or prior Customers, the negligent acts or omissions of those assisting or instructing on the use of Item(s) or manufacturing defects unknown to LMG. Additional known and unknown risks may also result from any rescue, first aid, emergency treatment or services rendered or failed to be rendered for any injuries incurred. Customer understands and acknowledges that the above examples of risks are not an exhaustive list, given the nature of unknown risks. Customer understands that the known and unknown risks could result in physical or emotional injury, the extent of which could involve, but is not limited to, paralysis, death, illness, disease, or other damage to the Customer or other third parties, and property (whether of the Customer or of other third parties).
b. Acceptance of Risks. Customer expressly agrees and covenants to accept and assume all risks related to the use of any Items. Customer voluntarily elects to use such Item(s) in spite of these risks. Catchbright, LLC and Rubber Sole Climbing are likewise not liable for injuries or damage caused by third persons.
c. General Release. Customer hereby voluntarily releases, forever discharges and covenants not to sue Catchbright, LLC and Rubber Sole Climbing, LLC and its representatives, agents, contractors, employees, managers, volunteers, affiliates, attorneys, insurers, lessors, successors, and assigns ("the Released Parties") on behalf of him/herself and his/her spouse, children, parents, heirs, assigns, personal representatives, and estate from any and all liability, claims, demands, actions or causes of action, damages, suits in equity of whatever kind or nature which are related to, arise out of, or are in any way related to his/her use of Item(s), including, but not limited to, any claims which allege negligent acts or omissions of the Released Parties. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
d. Indemnification. Customer further agrees and covenants to defend, indemnify and hold harmless the Released Parties in connection with any liability, actual or alleged claims, demands, actions or causes of action, damages and/or injury to property or persons brought by any third party arising out of (i) the use of any Item(s), including, but not limited to, any claims relating to the negligent acts or omissions of the Released Parties; (ii) a breach of these Terms of Service; or (iii) a breach of the representations and warranties set forth in Section 6. This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgment, awards, attorneys’ fees and related costs, expenses, as well as reimbursement to Catchbright, LLC or Rubber Sole Climbing, LLC for all legal expenses and costs incurred by it in connection with any such claims or in the enforcement of this Agreement.
In your use of the Site, you may not:
By submitting, writing, posting, storing or transmitting any content to LMG or onto a platform managed by LMG (e.g., its Facebook page, Yelp page, or Google Plus page), including, but not limited to photographs of Users and/or items exchanged, Users grant LMG a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and sublicense such content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose, commercial or otherwise, without compensation or accounting. Users irrevocably waive any claims based on moral rights, if any.
Non-Proprietary: LMG considers any suggestions, ideas, proposals or other material submitted to it by Users, whether solicited or unsolicited, (collectively, the "Material") to be non-confidential and non-proprietary. LMG shall not be liable for the disclosure, use or exploitation of such Material.
License: You hereby grant and agree to grant LMG, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicenseable and transferable right and license to incorporate, use, publish and exploit the Material for any purpose whatsoever, commercial or otherwise, without compensation or accounting.
EXCEPT AS OTHERWISE STATED HEREIN, Any claim or controversy with LMG arising out of or relating to these Terms of Service (including its formation, interpretation, performance and breach) shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any arbitration conducted pursuant to these Terms of Service shall be governed by the Federal Arbitration Act, 9 U.S.C. §§1-16.
ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ON AN INDIVIDUAL BASIS ONLY. THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE OR JOIN A CLASS ACTION OR PRIVATE ATTORNEY GENERAL ACTION, OR TO CONSOLIDATE THEIR ARBITRATION WITH OTHER ARBITRATIONS. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JUDGE OR JURY. IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL BE SEVERED AND THE REMAINING PROVISIONS SHALL REMAIN ENFORCEABLE.
The AAA’s rules, as well as forms for initiating arbitration proceedings, are available at www.adr.org. When initiating a request to arbitrate with the AAA, you must also send a copy of the competed form to LMG at [email protected]
Unless otherwise agreed to in writing by the parties, any dispute arising from these Terms of Service shall be conducted in English at the following location: San Francisco, California.
Exception – Small Claims Court Claims: Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in small claims courts for disputes or claims within the scope of that court’s jurisdiction.
Copyright: LMG owns all materials on lastmingear.com, including, without limitation, LMG’s logo, design, text, graphics, and other files, and the selection arrangement and organization thereof. You may not use such materials without permission. © 2016 Catchbright, LLC dba LMG. ALL RIGHTS RESERVED.
Trademarks: LMG and its logos are trademarks owned by LMG. All page headers, custom graphics, button icons and scripts are trademarks or trade dress of LMG.
Ownership and Use: LMG will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of your use of lastmingear.com or these Terms of Service.
Your Content: LMG will not acquire an ownership interest in the material you post on lastmingear.com, but will acquire a non-exclusive license in accordance with Sections 11 and 12.
If you have a good faith belief that your copyright has been infringed, please immediately email LMG at: [email protected]
Without limiting any other remedies, LMG may suspend or terminate its services and Users, restrict or prohibit access or your use of lastmingear.com, remove or restrict content, and/or take any technical or legal steps necessary if LMG: (i) suspects a User has breached these Terms of Service; (ii) is unable to verify or authenticate any User information; (iii) believes that a User is acting inconsistently with the letter or spirit of LMG's policies, has engaged in improper or fraudulent activity in connection with LMG or that a User’s actions may cause legal liability or financial loss to LMG's Users or to LMG; (iv) believes a User is infringing on the rights of third parties; (v) a User fails to pay any applicable fees due under these Terms of Service; and/or (vii) if the credit or debit card associated with any applicable fees should be rejected for any reason.
Effect of Termination: If your account is terminated for any reason, you shall remain liable for all debts or processing fees incurred through the date of termination. Following termination, you will not be permitted to use LMG.
Survival: The following Sections survive termination of your account and these Terms of Service: Cancellation Fees, Damage to or Loss of Items, Customer's Representations and Warranties, Assumption of the Risk, Release and Indemnification, Content License, Disclaimers, Exclusions and Limitations, Release, and Individual Arbitration.
LMG does not warrant the accuracy, completeness or the reliability of any advice, opinion, statement or other information on the Site. You acknowledge that any reliance on any such advice, opinion, statement or information shall be at your sole risk.
DISCLAIMER OF WARRANTIES: TO THE EXTENT PERMITTED BY APPLICABLE LAW, LMG PROVIDES ITS WEBSITE AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. LMG DOES NOT REPRESENT OR WARRANT THAT LMG, ITS SERVICES OR USE (I) WILL BE UNINTERRUPTED, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. LMG MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS OF SERVICE, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
ANY THIRD PARTY LINKS, SERVICES, GOODS, RESOURCES AND INFORMATION THAT LMG PROVIDES ON OR MAKES AVAILABLE ON ITS WEBSITE ARE NOT CONTROLLED BY LMG. ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, LMG MAKES NO WARRANTIES REGARDING THIRD PARTY SERVICES, GOODS, RESOURCES AND INFORMATION INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH THIRD PARTY SERVICES, GOODS, RESOURCES OR INFORMATION.
EXCLUSION OF DAMAGES: TO THE EXTENT PERMITTED BY APPLICABLE LAW, LMG WILL NOT BE LIABLE TO ANY CUSTOMER OF LMG'S SERVICES OR ANY USER OF THE SITE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF LASTMINGEAR.COM, ITS SERVICES, AND/OR THE USE OF ANY OF ITS ITEMS, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The validity or unenforceability of any provision of these Terms of Service shall not affect the validity or enforceability of any other provision of these Terms of Service.
Our employees, volunteers or agents are not authorized to vary our Terms of Service. These Terms of Service may only be modified by obtaining written consent signed by a member of Catchbright, LLC.
You and LMG are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
These Terms of Service shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to or application of California’s conflict of law principles. The parties consent to the jurisdiction of the State of California, and venue in the County of San Francisco, with regard to any controversy or claim arising out of or relating to these Terms of Service, or the breach thereof.
No failure or delay by a party exercising any right, power or privilege under these Terms of Service will operate as a waiver thereof.
Headings are for reference purposes only and do not limit the scope or extent of such section.
All notices required or permitted to be given under these Terms of Service will be in writing and delivered to LMG at [email protected] All notices by LMG will be sent to you by email.
If you are a California resident, in accordance with California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Affairs of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, California 95814, or by telephone at (800) 952-5210.