Recess: Buy & Sell Baby and Kids Stuff
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Effective Date: August 18, 2025
These Terms of Service ("Terms") govern your access to and use of any website, app, service, technology, API, widget, platform, channel or any other products or features owned, operated, branded or offered by Recess Parenting Inc ("Recess," "we," "us," or the "Service"), except where we expressly state that separate terms (and not these) apply.
Please read these Terms carefully, and contact us if you have any questions. In addition to these Terms, your access to and use of the Services are governed by the Recess Privacy Policy, Buyer Policy, Seller Policy, Return Policy, Shipping Policy, Prohibited Items Policy, Fee Policy, Excessive Listing Removal Policy and Recess Protect, all of which can be found in the Recess Legal Center, and all of which are incorporated into these Terms by reference.
You may not use the Service to do or share anything that is contrary to these Terms.
By accessing or using Recess, you agree to be bound by these Terms. If you do not agree to our Terms, you must not access or use Recess. We reserve the right to revise these Terms at any time, at our sole discretion, by posting an updated version to our website. You should visit this page periodically to review the most current Terms. By continuing to access or use the Services after updated Terms have been posted, you agree to be bound by the updated Terms.
PLEASE READ THE DISPUTE RESOLUTION SECTION BELOW CAREFULLY AS IT WILL IMPACT YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US. The provisions in that section include an arbitration agreement, a mandatory pre-arbitration informal dispute resolution process, a class action waiver, and a jury trial waiver. You and Recess agree that, except for certain types of disputes mentioned in the arbitration agreement below, disputes between us will be resolved by mandatory binding arbitration, and you and Recess waive any right to participate in a class action lawsuit or classwide arbitration.
In arbitration, there is no judge or jury, and there is typically less discovery than in court. You have the right to opt out of arbitration as explained in the Dispute Resolution section.
"Content" means all content contained on the Service, including all text, images, audio content, videos, designs, graphics, information, logos, downloadable content, software, and any other content contained therein and all related patents, copyrights, trademarks, service marks, intellectual property and/or other proprietary information of Recess.
"User Content" means any content you post, upload, share, store, or otherwise provide through the Service, including but not limited to text, comments, links, images, videos, registry information, quiz responses, and other materials.
"Third-Party Merchants" means external retailers, vendors, or service providers whose products or services are featured, linked to, or recommended through our Service.
You may use Recess only if you follow these Terms and all applicable laws. When you create your Recess account, you must provide us with accurate and complete information. You agree to keep your account information current.
Any use or access to Recess by anyone under the age of 18 is not allowed. If you are under 18, you may not use the Service.
If we've previously disabled your account for violating these Terms, any of our policies, or for legal reasons, you will not create a new Recess account without our express written permission.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
Recess brings parents together to share, learn, buy and sell. To do that, we show you content we think will be relevant, interesting and personal to you based on your activity on Recess and the information you provide us. This includes family events, products, editorial content, parenting quizzes, and baby registries. For more information, please read our Privacy Policy.
We reserve the right, without notice and in our sole discretion, to restrict, refuse or terminate your ability to use the Services, and to limit, block or prevent access to and use of the Services without any liability to you.
Subject to your compliance with these Terms and our policies, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Service as contemplated under these Terms and our policies.
You may not permit Recess to be used by or for the benefit of unauthorized third parties. Nothing in these Terms will be construed to grant you any right to transfer or assign rights to access or use Recess. All rights not expressly granted to you are reserved by us and our licensors.
You agree not to:
Any use of Recess not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Recess allows you to post content, including text, comments, links, registry information, quiz responses, photos, used or new products and other materials. You retain all rights in, and are solely responsible for, the User Content you post to Recess. All User Content must comply with these Terms and our policies, including our Community Guidelines.
You will only post User Content that you have the rights to post, and you won't post User Content that infringes the intellectual property rights of others (e.g., copyright infringement, trademark infringement or counterfeit), or that is otherwise unlawful, unless an exception or limitation applies under applicable law.
By providing any User Content on the Service, you grant us and our affiliates and service providers a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, publicly perform or display, reproduce, save, modify, create derivative works, translate, distribute, and monetize your User Content, including for the purposes of:
Nothing in these Terms entitles you to any payments or the right to share in any revenue from any monetization of User Content. We reserve the right to remove, limit distribution of, or modify User Content, or change the way it's used in Recess.
When you create a baby registry through our Services, you may choose to make it public or private. Public registries may be visible to other users and accessible through external sharing. You are responsible for the accuracy of information in your registry and for managing privacy settings. Registry items may include products from third-party retailers, affiliate partners and other parents and sellers.
Our parenting quizzes are designed to provide personalized insights and recommendations. Quiz responses and results may be used to improve our Services and provide relevant content recommendations. You may choose to share quiz results with others, but sharing is entirely voluntary. Quiz results are for informational purposes only and should not replace professional advice.
Following termination or deactivation of your account, or User Content removal from Recess, we may keep your User Content for a reasonable period of time for backup, archival, or audit purposes. We and our users may retain and continue to use, store, display, reproduce, modify, create derivative works from, perform, and distribute any of your User Content that you or other users have stored or shared on Recess.
If you choose to submit comments, ideas, or feedback, you agree that we have no obligation to keep your feedback confidential or to compensate you for the feedback. By submitting feedback, you grant us a perpetual, irrevocable, non-exclusive, royalty-free license to use, modify, and distribute such feedback for any purpose. Do not submit any feedback that is confidential or owned by any third party.
Recess provides editorial content, product guides, and recommendations to help parents make informed decisions. This content is created by our team and may include product recommendations, reviews, and buying guides. While we strive for accuracy, editorial content is for informational purposes only and should not be considered professional advice.
Product recommendations may include affiliate links to third-party retailers. We may receive compensation when you purchase products through these links, but this does not influence our editorial independence or the accuracy of our recommendations.
Buying and selling Items through the Service include risk, fees, and taxes. Recess prohibits certain items from being sold and only allows returns in limited circumstances.
You assume certain risks in using a marketplace service such as Recess. Recess is not a participant in and provides no warranty for any transaction between a Buyer and a Seller, and Recess does not take title of any Items. You acknowledge and agree that Recess will not be considered a buyer or seller in any transaction conducted through the Service and that Recess is not an auctioneer, consignee, or a shipping carrier. When acting as a Buyer or Seller, you assume all of the risks of selling or purchasing Items through the Service.
As a Seller, you agree to only Post Items that you have all rights necessary to sell and to describe such Items truthfully, accurately, and completely. Our Seller Policy (which is incorporated by reference into this Agreement) further describes a Seller's rights, responsibilities, and fees.
As a Buyer, you are solely responsible for reading and reviewing an Item's listing before making an offer for an Item or purchasing an Item. Our Buyer Policy (which is incorporated by reference into this Agreement) further describes a Buyer's rights and responsibilities. Buyers are responsible for all fees as described in the Buyer Policy.
You can register for the Service for free, but Recess will charge certain fees for various transactions you may complete through the Service and for certain other services Recess may provide as set forth in our Fee Policy (which is incorporated by reference into this Agreement). All amounts are quoted in US dollars unless otherwise stated.
We may change or discontinue, temporarily or permanently, some or all fees for the Service, without notice and at our sole discretion, and such changes will be effective upon our revision of the Fee Policy.
Recess prohibits the listing or sale of any item that is described in our Prohibited Items Policy (which is incorporated by reference into this Agreement), including items that are illegal to sell or violate the rights of third parties such as counterfeit items. The brands sold on Recess are not affiliated with Recess.
Buyers may accept the price offered by a Seller and purchase the Item, or Buyers may make an offer to Sellers to purchase Items from Sellers. Once an offer has been accepted by the Seller, it will be considered a purchase and a binding contract between the Buyer and Seller. The contract to purchase will be solely between Buyer and Seller, and Recess will not be a party to such contract.
Upon purchasing an Item, a Buyer must remit payment to Recess for the Item, including any listed shipping or additional fees.
Recess may delay or cancel any purchase for purposes of fraud detection or to protect Users from other illegal or wrongful activities. All purchases are final with no returns, refunds, cancellations, or retractions allowed, except where outlined in the Recess Return Policy.
Buyers may pay for Items only by using payment methods approved by Recess, and Recess will receive such payment from the Buyer on behalf of the Seller. By submitting payment information through Recess, you authorize Recess to securely store that information and charge you for any Items purchased along with all associated taxes, shipping, and other fees. Recess reserves the right to request additional information from Users for the purposes of completing any transactions, identity verification, fraud prevention, and any other regulatory and compliance purposes.
Transactions conducted through the Service may be subject to taxes in your jurisdiction, which Recess will collect from Buyers on behalf of Sellers where legally obligated to do so. In the event Recess collects taxes as legally obligated, Recess will remit such taxes to applicable taxing authorities on behalf of Sellers. The listed prices for Items do not include taxes, but the taxes will be displayed before a Buyer confirms the purchase. Use of Recess Credit (as defined below) may modify taxes that apply to a Buyer's purchase. Taxes may be estimated based on offers made on Items but remain subject to change if the final sale price differs from the original offer. Taxes are based on several factors, including price, location, and state, local, federal, or other applicable rates at time of purchase. Although we may assess estimated taxes on your behalf, you will be responsible for the payment of such taxes where you have made an offer that is accepted, and the final purchase differs from the estimated taxes initially assessed.
All Content is either owned by us or our licensors. The Service and Content are protected by copyright, trademark, and other intellectual property and proprietary rights that are owned by Recess or our licensors, and any unauthorized use of the Service or Content may violate such laws and these Terms.
Recess does not claim ownership of User Content. However, when you post User Content to the Service, you represent and warrant that you have all necessary rights to grant us the license described in Section 5(b).
The Service may contain links to third-party websites, advertisers, services, retailers, special offers, or other events or activities that are not owned or controlled by Recess. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services.
Your interactions with third parties, including Third-Party Merchants, are solely between you and such third parties. Recess makes no representations or warranties regarding third-party goods or services, and you agree that Recess will not be responsible or liable for any loss or damage of any kind incurred as a result of any interactions with third parties.
THE SERVICE, INCLUDING ALL CONTENT, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE SERVICE OR ANY CONTENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER RECESS NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RECESS OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL RECESS'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE EXCEED ONE HUNDRED DOLLARS ($100).
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RECESS AND YOU.
You agree to defend, indemnify, and hold harmless Recess and its officers, directors, employees and agents, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service's content, services and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service.
Most disputes can be resolved informally. Before filing a claim against Recess, you agree to try to resolve the dispute by contacting us at support@therecess.app. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 60 days of submission, you or Recess may bring a formal proceeding.
You and Recess agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in this clause (ii), an "IP Protection Action").
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice of Arbitration"). Recess's address for Notice is: Recess Parenting Inc, 54 state street, ste 804 #9144, Albany, New York 12207. The Notice of Arbitration must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Recess may commence an arbitration proceeding.
The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. Unless you and Recess otherwise agree, the arbitration will be conducted in San Francisco County. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county of your registered account. The arbitrator's ruling is binding and may be entered as a judgment in any court of competent jurisdiction.
YOU AND RECESS EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, you and Recess each waive any right to a jury trial. If a court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
You have the right to opt out of the provisions of this Dispute Resolution section by sending written notice of your decision to opt out to the following address: Recess Parenting Inc, 54 state street, ste 804 #9144, Albany, New York 12207, postmarked within 30 days of first accepting these Terms. You must include your name and residence address and a clear statement that you want to opt out of these Terms' arbitration agreement.
Notwithstanding any provision in these Terms to the contrary, if Recess changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email to support@therecess.app) within 30 days of the date the change became effective, as indicated in the "Effective Date" at the top of these Terms or in the date of Recess's email to you notifying you of the change. By rejecting the change, you agree that you will arbitrate any Dispute between you and Recess in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 13 "Dispute Resolution," the exclusive jurisdiction for all Disputes that you and Recess are not required to arbitrate will be the state and federal courts located in San Francisco County, and you and Recess each waive any objection to jurisdiction and venue in such courts.
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between Recess and you regarding the Service, and these Terms supersede and replace all prior oral or written understandings or agreements between Recess and you regarding the Service.
You may not assign or transfer these Terms, by operation of law or otherwise, without Recess's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Recess may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
By providing your phone number, you consent to receive text messages from Recess related to promotions, account updates, notifications, and other Service-related communications. Message frequency may vary, but you will receive no more than 5 messages per month. Standard message and data rates may apply. You can opt out at any time by replying "STOP" to any message.
If you have any questions about these Terms or the Service, please contact us at:
Recess Parenting Inc
54 State Street, ste 804 #9144
Albany, New York 12207
Email: support@therecess.app