Terms, Conditions, and Policies

SHIPPING POLICY

Orders are shipped once a week. Customers will be notified the day of shipping and the day of delivery via email. Bumpin Blends will deliver the box wherever the customer indicates in their order. Bumpin Blends cannot be held responsible if a box is not recovered in this place. If an order item is damaged during shipping, is incorrect, or missing, please immediately contact Bumpin Blends. To contact us, email hello@bumpinblends.com. Bumpin Blends will not be held responsible for any items that have not been reported within a maximum of one day after the order has been delivered.

 

REIMBURSEMENT AND RETURNS

All our sales are final. Bumpin Blends does not grant refunds or returns for products when they are not defective or out of date at the time of delivery and for a period of 24 hours corresponding to the storage period of our boxes of product. No refund or return is therefore accepted specifically for the following reasons: improper use of the product, improper storage, improper handling. You are responsible for inspecting the products at the time of delivery to ensure that the order is in compliance, without damage or risk of consumption. You must also deposit the products in the freezer without delay after receiving the products. After this period, you will be presumed to have received the products in good condition and not defective. If the delivered product is defective or obsolete at the time of delivery, Bumpin Blends will make sure that new products are sent to you without delay or additional costs. You may be asked to keep the obsolete or defective product for disposal. Depending on the situation, if a refund is needed, it can be issued on the same credit card used for the order. If you are not satisfied with the product or the online delivery service, we invite you to contact customer service directly at hello@bumpinblends.com.

 

SUBSCRIPTION

The Bumpin Blends Service is offered as continuous subscription with automatic renewal (“Subscription”), which means that when you place your first order, you agree to be subscribed to the Service for the future (or until you or we cancel) for the delivery frequency that you select. Your Bumpin Blends boxes will contain the products you have selected when making your Subscription selection. You can find your Subscription and Bumpin Blends Service information in the My Account section of our website.

 

Bumpin Blends may change the price of a Subscription, introduce new Subscriptions, or remove Subscriptions from time to time, and will communicate any price or Subscription changes to you in advance. Price and Subscription changes will take effect as of the next billing period following the date on which Bumpin Blends provided notice to you of the price or Subscription change. By continuing to use the Bumpin Blends Platform after the effective date of a price or Subscription change, you indicate your acceptance of such price or Subscription change. If you do not agree with a price or Subscription change, you have the right to reject the change by cancelling your Subscription(s) prior to the effective date of the price or Subscription change. Please make sure that you read any notifications of price or Subscription changes carefully.

 

Any changes to your order must be received by Bumpin Blends by 12 AM PST on your billing date. Applicable sales tax may be charged on your order based on local and state laws. You are fully responsible for all activities that occur under your account, and you agree to be personally liable for all charges incurred under your account based on your delivery status as of the specified deadline.

 

TERMS OF SALE

Our Services are offered in the form of a Subscription-based system, which means that you agree that Bumpin Blends or a third-party payment partner will automatically charge your credit card the amount of your Subscription according to the delivery frequency chosen. The amounts will be charged as long as your Subscription is not suspended or cancelled. The amount debited may change depending on your participation in special offers or the application of credits. If you wish to cancel your Subscription, you must do so no later than before 12AM PST on the date of your billing which is posted in your account. No amount will then be charged to your credit card.

In the event of invalid payment information or insufficient funds on your credit card, an error message will be sent to your email address advising you that the transaction has been cancelled. After 6 failed payment attempts, your subscription will be automatically cancelled.

 

CANCELLATION POLICY

Your orders are automatically renewed as long as your Subscription is active. If you do not wish to receive an order, you must cancel your Subscription no later than 12AM PST on the Billing Date. You have the freedom to cancel your Subscription at any time by accessing the My Account section of our Website (bumpinblends.com) or by contacting our customer service at hello@bumpinblends.com. If you cancel your Subscription following the Billing Date, this cancellation will be effective for the next billing period and you will receive the products the following week. If you cancel your subscription, please note that you may continue to receive communications from Bumpin Blends. If you do not wish to receive these messages, you must unsubscribe from our mailing list as instructed.

 

Deliveries  You are responsible for inspecting all products you receive from us for any damage or other issues upon delivery. In addition, you are solely responsible for confirming that the products you receive are frozen. Each box is carefully packaged to stay frozen until the time of delivery. To maintain the highest quality and integrity of your items after delivery, you should immediately place the items into frozen storage when you receive them. You should always inspect your delivery to confirm that the products arrive frozen. If at any time you believe that the products in your delivery are not suitable for consumption, contact us at hello@bumpinblends.com.

To maintain the quality and integrity of the products, we recommend that you immediately freeze all products upon delivery and follow the U.S. Department of Agriculture’s instructions on frozen food storage and food safety. From the time of delivery, the condition and consumption of the products are solely at your risk, and you are solely responsible for the proper and safe handling, storage, preparation, use and consumption of the products following delivery. We recommend that you follow the USDA’s instructions on safe food handling.

If you are not at home when your delivery arrives, the courier will generally leave the package for you at your door. Our products are packaged with insulated liners and dry ice and are designed to be delivered frozen under normal delivery condition. However, depending on the season and temperature in your geographic area at the time of delivery, advance planning by you should be made for proper storage of your products prior to consumption. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself.

In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your products we will attempt to deliver your products as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. In the event that timely delivery of your product is not feasible, we will cancel your delivery for the period so affected and issue you a credit or refund of the purchase price for that delivery.

The information contained on the Bumpin Blends Platform has not been evaluated by the Food and Drug Administration (FDA) and is not meant to diagnose, treat, cure or prevent any disease. The information on the Bumpin Blends Platform should not be used as a substitute for the advice of a health professional. The information presented on the Bumpin Blends Platform, or information received via telephone, SMS, email, or other electronic communication from Bumpin Blends is not, and should not be interpreted to be, medical advice. Bumpin Blends is not responsible for the abuse and/or misuse of any product sold through the Bumpin Blends Platform. You assume the risk of all consequences arising out of or relating to your use and consumption of any products purchased through the Bumpin Blends Platform.

 

Your Use of the Bumpin Blends Platform Your right to make use of the Bumpin Blends Platform and any Material or other content appearing on it is subject to your compliance with these Terms of Use. Modification or use of the Material or any other content on the Bumpin Blends Platform for any purpose not permitted by these Terms of Use may be a violation of the Copyrights and/or Trademarks of Bumpin Blends and/or its licensors and is prohibited.

 

You may access and display Material and all other content displayed on the Bumpin Blends Platform for noncommercial, personal, entertainment use on a single computer and mobile device only. The Material and all other content on the Bumpin Blends Platform may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by Bumpin Blends. Any authorization to copy Material granted by Bumpin Blends in any part of the Bumpin Blends Platform for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer and mobile device only and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on the Bumpin Blends Platform into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

 

Service Bumpin Blends reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Bumpin Blends Platform and/or any software, facilities and services on the Bumpin Blends Platform, with or without notice, and/or to establish general guidelines and limitations on their use.

 

Local Regulations Bumpin Blends makes no representation that Materials, products, or other content on the Bumpin Blends Platform are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Bumpin Blends Platform from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

 

Trademarks and Copyrights The Bumpin Blends Platform and materials incorporated by Bumpin Blends on the Bumpin Blends Platform (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the characters, logos or other images incorporated by Bumpin Blends on the Bumpin Blends Platform are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Bumpin Blends or others (“Trademarks”). Bumpin Blends respects the intellectual property rights of others and asks users of the Bumpin Blends Platform to do the same.

 

Our Use of Content Subject to the provisions of any Additional Terms, by posting or uploading any content to the Bumpin Blends Platform and/or providing any communication or material to Bumpin Blends (“User Content”), you automatically and irrevocably: (a)grant and assign to Bumpin Blends a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by Bumpin Blends and/or by any person authorized by Bumpin Blends, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint Bumpin Blends as your agent with full power to enter into any document and/or do any act Bumpin Blends may consider appropriate to confirm the grant and assignment, consent and waiver set out above; (d) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use; (e) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that Bumpin Blends shall not be liable for any use or disclosure of such User Content.

 

Feedback  Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about Bumpin Blends, the Bumpin Blends Platform or the products (collectively, “Feedback”). Feedback is nonconfidential and shall become the sole property of Bumpin Blends. Bumpin Blends shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

Third-Party Sites The Bumpin Blends Platform may link you to other mobile apps or sites on the Internet. These mobile apps and sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Bumpin Blends, and you acknowledge that (whether or not such sites are affiliated in any way with Bumpin Blends) Bumpin Blends is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Bumpin Blends or any association with its operators.

 

Proprietary Online Services Any area of the Bumpin Blends Platform that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.

 

Acceptable Use  Please act responsibly when using the Bumpin Blends Platform. You may only use the Bumpin Blends Platform and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through the Bumpin Blends Platform. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third-party claims that material you have contributed to the Bumpin Blends Platform is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by Bumpin Blends) or privately transmitted on or through the Bumpin Blends Platform are the sole responsibility of the sender, not Bumpin Blends, and that you are responsible for all material you upload, post or otherwise transmit to or through the Bumpin Blends Platform.

 

We at Bumpin Blends require that you do not post e-mails or submit to or publish through Forums or otherwise make available on the Bumpin Blends Platform any content, or act in a way, which in our opinion:

(a) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;

(b) disparages, criticizes, belittles, parodies or otherwise portrays in a negative light any actor other person appearing in the content;

(c) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

(d) infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;

(e) violates any law or may be considered to violate any law;

(f) you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);

(g) advocates or promotes illegal activity;

(h) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

(i) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on the Bumpin Blends Platform;

(j) solicits funds, advertisers or sponsors;

(k) includes programs which contain viruses, worms and/or 'Trojan horses' or any other computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications;

(l) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Bumpin Blends Platform;

(m) copies any other pages or images on the Bumpin Blends Platform except with appropriate authority;

(n) includes MP3 format files;

(o) amounts to a 'pyramid' or similar scheme;

(p) amounts to 'data warehousing' (i.e., using any web space made available to you as storage for large files or large amount of data which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;

(q) disobeys any policy or regulations established from time to time regarding use of the Bumpin Blends Platform or any networks connected to the Bumpin Blends Platform; or

(r) contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (q) above.

 

In addition, you are prohibited from removing any sponsorship banners or other material inserted by Bumpin Blends anywhere on the Bumpin Blends Platform (e.g., on any web or mobile app space made available for your use).

 

System Abuse Without limitation, you agree not to send, create or reply to so called "mailbombs" (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in "spamming"(i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of the Bumpin Blends Platform by any other person. You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on the Bumpin Blends Platform.

 

Security Any usernames and passwords used for the Bumpin Blends Platform are for individual use only. You shall be responsible for the security of your username and password (if any). Bumpin Blends shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that Bumpin Blends considers insecure, Bumpin Blends will be entitled to require this to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with the Bumpin Blends Platform to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, Bumpin Blends reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

 

Investigations Bumpin Blends reserves the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any submission, posting or emails you make or send to any Forum. Bumpin Blends may seek to gather information from the user who is suspected of violating these Terms of Use, and from any other user.  Bumpin Blends may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Bumpin Blends believes, in its sole discretion, that a violation of these Terms of Use has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. Bumpin Blends will fully cooperate with any law enforcement authorities or court order requesting or directing Bumpin Blends to disclose the identity of anyone posting any e-mails or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THESE TERMS OF USE YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF THE Bumpin Blends ENTITIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Bumpin Blends DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY Bumpin Blends OR LAW ENFORCEMENT AUTHORITIES.

 

Indemnity To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Bumpin Blends and any subsidiaries and/or affiliated companies of Bumpin Blends (the “Bumpin Blends Entities”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Bumpin Blends Platform, Materials or products, (b) any User Content you create, post, share or store on or through the Bumpin Blends Platform or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms of Use, (e) your violation of the rights of another, and (f) any third party’s use or misuse of the Bumpin Blends Platform or products provided to you. You agree to promptly notify Bumpin Blends of any third-party Claims and cooperate with the Bumpin Blends Entities in defending such Claims. You further agree that the Bumpin Blends Entities shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Bumpin Blends.

 

Disclaimer of Warranties: YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM BUMPIN BLENDS. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT BUMPIN BLENDS MAY STORE, PORTION AND PACKAGE PRODUCTS CONTAINING ALL EIGHT (8) MAJOR U.S. ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS AND TREENUTS) AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS.  WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE BUMPIN BLENDS PLATFORM, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, BUMPIN BLENDS DOES NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION AND WE ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON. IN THE EVENT OF AN ERROR ON THE BUMPIN BLENDS PLATFORM, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE BUMPIN BLENDS PLATFORM DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE BUMPIN BLENDS PLATFORM MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE BUMPIN BLENDS PLATFORM DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER. 

 

ALL PRODUCTS, THE BUMPIN BLENDS PLATFORM AND THE MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BUMPIN BLENDS, AND THE BUMPIN BLENDS ENTITIES DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE BUMPIN BLENDS PLATFORM, CONTENT AND PRODUCTS, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, AND ANY WARRANTIES THAT THE BUMPIN BLENDS PLATFORM OR PRODUCTS WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS. 

 

YOUR USE OF THE BUMPIN BLENDS PLATFORM, THE SERVICE AND ANY PRODUCTS PURCHASED THROUGH THE BUMPIN BLENDS PLATFORM IS AT YOUR OWN RISK. THE BUMPIN BLENDS ENTITIES MAKE NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE BUMPIN BLENDS PLATFORM OR ANY WEB SITE OR MOBILE APP WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE BUMPIN BLENDS ENTITIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE BUMPIN BLENDS PLATFORM OR ANY OTHER WEB SITE OR MOBILE APP.

 

IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

 

Limitation of Liability: THE BUMPIN BLENDS ENTITIES DISCLAIM ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE, OR INABILITY TO USE, THE BUMPIN BLENDS PLATFORM OR ANY OTHER WEB SITE, MOBILE APP, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE BUMPIN BLENDS PLATFORM OR ANY OTHER WEB SITE OR MOBILE APP, OR product PURCHASED THROUGH THE BUMPIN BLENDS PLATFORM, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE BUMPIN BLENDS ENTITIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF THE BUMPIN BLENDS ENTITIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

 

Forums: THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON THE BUMPIN BLENDS PLATFORM (“FORUMS”) ARE NOT NECESSARILY THOSE OF BUMPIN BLENDS OR ITS CONTENT PROVIDERS. BUMPIN BLENDS DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF BUMPIN BLENDS. BUMPIN BLENDS MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.

 

Claims of Infringement If you believe that any content appearing on the Bumpin Blends Platform infringes your copyright rights, we at Bumpin Blends want to hear from you. Please forward the following information in writing to hello@bumpinblends.com:

 

(a) your name, address, telephone number, and e-mail address;

(b) a description of the copyrighted work that you claim has been infringed;

(c) the exact URL or a description of each place where alleged infringing material is located;

(d) a statement by you that you have a good faith belief that the disputed use has not been

authorized by you, your agent, or the law;

(e) your electronic or physical signature or the electronic or physical signature of the person

authorized to act on your behalf; and

(f) a statement by you made under penalty of perjury, that the information in your notice is

accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.

PRIVACY POLICY, META, AND COOKIES

We are committed to protecting your privacy and ensuring that your personal information is handled in a safe and responsible manner. This Privacy Policy explains how we collect, use, and protect your personal information when you visit our website or engage with our services.

By using our website or providing us with your personal information, you agree to the terms of this Privacy Policy.

1. Information We Collect

A. Personal Information: We may collect the following personal information when you interact with our website or services:

  • Contact Information: Name, email address, phone number, mailing address.
  • Account Information: Username, password, and other account-related details.
  • Payment Information: Credit card number, billing address, and other payment details.
  • Demographic Information: Age, gender, preferences, and interests.
  • Purchase Information: Products purchased, date and time of purchase, and other transaction details.

B. Non-Personal Information: We may also collect non-personal information such as:

  • Browser Information: Type of browser, IP address, operating system, and device used to access our website.
  • Usage Data: Pages viewed, links clicked, and other actions taken on our website.
  • Cookies and Tracking Technologies: We use cookies, pixels, and other tracking technologies to collect information about your interaction with our website and advertisements.

2. How We Use Your Information

We use your information for the following purposes:

  • To Provide Services: Process your orders, manage your account, and provide customer support.
  • To Improve Our Website: Analyze usage data to enhance user experience and optimize our services.
  • Marketing and Advertising: Send promotional materials, offer personalized content, and run targeted advertising campaigns through platforms such as Meta (Facebook, Instagram) and TikTok.
  • Legal Compliance: Comply with legal obligations, respond to legal requests, and protect our rights and property.

3. Meta Ads and Targeted Advertising

We participate in advertising programs offered by Meta (including Facebook and Instagram) and TikTok. Through these programs, we may use your information to deliver targeted advertisements based on your interests. This may involve sharing certain data with Meta, such as cookies and demographic information, to customize ads to your preferences.

You can control your advertising preferences directly on Meta’s platforms or through your device settings.

4. Cookies and Tracking Technologies

A. What Are Cookies? Cookies are small text files stored on your device that help us recognize you when you return to our website. They allow us to personalize your experience, remember your preferences, and monitor the effectiveness of our marketing campaigns.

B. Types of Cookies We Use:

  • Essential Cookies: Necessary for the operation of our website and services.
  • Performance Cookies: Collect information about how visitors use our website to improve its performance.
  • Functional Cookies: Remember your preferences and choices to enhance your experience.
  • Targeting Cookies: Track your browsing habits to deliver personalized advertisements.

C. Managing Cookies: You can manage or disable cookies through your browser settings. However, please note that disabling cookies may affect the functionality of our website.

5. Data Collection and Sharing

A. How We Collect Data: We collect data directly from you when you provide it to us, as well as automatically through cookies, tracking technologies, and third-party services.

B. Sharing of Data: We may share your personal information with the following parties:

  • Service Providers: Third-party companies that assist us in delivering our services (e.g., payment processors, shipping companies, marketing partners).
  • Advertising Partners: Platforms like Meta to facilitate targeted advertising.
  • Legal Authorities: Government bodies or legal entities as required by law.

We do not sell your personal information to third parties.

6. Your Rights Under California Law

If you are a California resident, you have the following rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA):

  • Right to Know: Request details about the personal information we collect, use, and share.
  • Right to Delete: Request the deletion of your personal information, subject to certain exceptions.
  • Right to Opt-Out: Opt-out of the sale or sharing of your personal information.
  • Right to Non-Discrimination: We will not discriminate against you for exercising your privacy rights.

To exercise any of these rights, please contact us at hello@bumpinblends.com. We will respond to your request within the timeframes required by law.

7. Security of Your Information

We implement appropriate security measures to protect your personal information from unauthorized access, disclosure, alteration, and destruction. However, no security system is impenetrable, and we cannot guarantee the absolute security of your data.

8. Third-Party Links

Our website may contain links to third-party websites. We are not responsible for the privacy practices or the content of these websites. We encourage you to review the privacy policies of any third-party sites you visit.

9. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, technology, legal obligations, or other factors. When we do, we will revise the effective date at the top of the policy. We encourage you to review this policy periodically to stay informed about how we are protecting your information.

10. Contact Us

If you have any questions or concerns about this Privacy Policy or your personal information, please contact us at hello@bumpinblends.com. 

 

 

Bumpin Blends Messaging Terms & Conditions

Bumpin Blends LLC (hereinafter, "Bumpin Blends," "We," "Us," "Our") is offering a mobile messaging program (the "Program"), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Messaging Privacy Policy.

 

By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the "Dispute Resolution" section below. In arbitration there is less discovery and appellate review than in court. Please review carefully.

 

By opting in to or participating in any of our Programs, you represent and warrant that you do so because of a genuine desire to receive discounts, promotions, and other news or information from Us and not because of a desire or intent to initiate litigation or bring legal claims against any party.  If you have requested to receive SMS with a desire to bring legal claims against Us or any vendors acting on our behalf, then you shall immediately unsubscribe using the instructions set forth below and agree to indemnify Us and/or those vendors for any expenses, including attorneys’ fees, associated with defending such claims.

 

This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts (including those in the "Other Terms and Policies" section below). Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program.

 

1. User Opt In. 

 

a. Consent to Receive Recurring Automated Messages.  You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Bumpin Blends, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. By providing your phone number, you represent and warrant that you are providing your own phone number, and not someone else’s, and that you are a legally-authorized user of this phone number. Consent to receive automated marketing text messages is not a condition of any purchase. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Message and data rates may apply. Message frequency varies.


b.  Consent to Receipt of Electronic Information and E-Sign. Notwithstanding anything herein to the contrary, you understand that applicable law may require Us to provide certain information to you in writing in connection with any consent to receive advertising and telemarketing telephone calls and text messages. By opting-in to Our texting program, you authorize Us to provide this information to you electronically instead of in a separate paper document. You understand that you may withdraw this consent, update your information, or request a free paper copy of the information by emailing us at hello@bumpinblends.com. You understand that to access and retain a copy of this webpage, you will need: (i) a device (such as a computer or mobile phone) with a web browser and Internet access; and (ii) available storage space on that device to download a copy of this webpage of a connected printer to print a copy of this webpage.

c.  Disclosure of Data to Identify Device and Prevent Fraud.  Further, You authorize the use or disclosure of information about your account and your wireless device, if available, by or to your wireless carrier, Bumpin Blends or Our service provider(s), including Stodge Inc. dba Postscript, to help identify you or your wireless device when you opt-in to receive text messages from any Postscript customer and to endeavor to detect and prevent fraud. See our Messaging Privacy Policy for how we treat your data.

2. User Opt Out. If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, REVOKE, OPT OUT, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. To the maximum extent permitted by law, You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, REVOKE, OPT OUT, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Bumpin Blends and its service providers will not have liability for failing to honor requests that are designed to circumvent the automated opt-out processes described above. You agree that other methods of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, may not be deemed to be reasonable methods of opting out. Our Do Not Call Policy is attached to these Terms of Service as Appendix A.

 

3. Other Terms and Policies. You also agree to our Messaging Privacy Policy.

 

4. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, customer support, delivery (including order confirmations, tracking information, and shipping updated via email), other transactional-related messages and sale of goods and services.  Messages may include checkout reminders. 

 

5. AI-Generated Message Content:  You are advised that from time to time We may utilize certain generative artificial intelligence (AI) services provided by third-parties to develop or suggest the content of messages that we choose to send to you.  Some of these messages may be tailored to your interests based on information available to Us.  By enrolling and remaining in the program, You agree to the use of AI and further that Our use of these AI services does not make those third-parties either senders or initiators of the text messages or otherwise responsible for the messages.

 

 

6.  Message Frequency, Cost and Changes. Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which Our messages are sent.

 

7. Support Instructions. For support regarding the Program, text "HELP" to the number you received messages from or email us at hello@bumpinblends.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

 

8. MMS Disclosure. The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

 

9. Our Disclaimer of Warranty. The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

 

10. Supported Devices. The Program is offered on an "as-is" basis. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Bumpin Blends, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

 

11. Contact. This Program is a service of Bumpin Blends, located at  5527 W 77th St, Los Angeles, CA 90045.

 

12. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

 

13. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
  • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
  • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
  • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act ("HIPAA") or the Health Information Technology for Economic and Clinical Health Act ("HITEC" Act); and
  • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

 

14. State Telemarketing Law - Residence: To the extent the law is relevant and applicable to the Program, we endeavor to comply with applicable state telemarketing laws, including, but not limited to, the Florida Telemarketing Act and Florida Do Not Call Act, the Oklahoma Telephone Solicitation Act of 2022, the Maryland Stop the Spam Calls Act of 2023, New Jersey’s Senate Bill 921 (2023), and the Virginia Telephone Privacy Protection Act. For purposes of compliance with these state laws, you agree that we may assume that you are a resident of a particular state if, at the time of opt-in to the Program, the area code for the phone number used to opt-into the Program is an area code associated with that state. Further, You agree that You will not assert that you are a resident of a state other than the state applicable to your area code unless you affirmatively advise us in writing that you are a resident of a specific state by sending written notice to us. Insofar as you are a resident of a state with an applicable telemarketing law, you further agree that any mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “commercial telephone solicitation phone call”, “telephonic sales call”, “telemarketing sales call”, “telephone solicitation”, or “unsolicited telemarketing sales call” for purposes of these state laws, to the extent the law is otherwise relevant and applicable. 

 

15. Dispute Resolution (Including Arbitration Agreement, Class Action Waiver). 

 

Our Customer Service Specialists are ready to assist you and address your concerns—email us at: hello@bumpinblends.com.

 

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION IN ARBITRATION AND LITIGATION, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR Bumpin Blends WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

 

Binding Individual Arbitration:  In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate (“Dispute”), such Dispute will be, to the fullest extent permitted by law and applicable rules, determined by arbitration before one arbitrator, provided, however, that no party shall be precluded from seeking remedies in small claims court for disputes or claims within the scope of its jurisdiction. Whether a Dispute falls within the jurisdictional limits of small claims court is for the small claims court to decide.  This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. 

 

 

Dispute will be given the broadest possible meaning permitted by law. It includes, but is not limited to: (a) any dispute or claim that arose before the existence of these or any prior Terms and Conditions (including, but not limited to, claims relating to advertising); (b) any dispute or claim that is currently the subject of a purported class action litigation in which you are not a member of a certified class; and (c) any dispute or claim that may arise after termination of these Terms and Conditions and our relationship with you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf. Dispute, however, does not include disagreements or claims concerning patents, copyrights, trademarks, trade secrets, or other intellectual property, and claims of piracy or unauthorized use of intellectual property. The arbitrator shall decide all issues that relate to the scope, validity, and enforceability of the Agreement. You and Bumpin Blends agree that these Terms and Conditions evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act and U.S. federal arbitration law and not state arbitration law.

 

Mandatory Informal Dispute Resolution Process. If you and Bumpin Blends have a Dispute, you and Bumpin Blends agree to make a good faith effort to informally resolve it. The party initiating the Dispute must send a written notice to the other party that describes the Dispute. The notice must include all of this information: (a) the initiating party's contact information (including name, address, telephone number, and email address) (with their counsel's contact information, if represented); (b) sufficient information to enable the other party to identify any phone number(s), transaction(s), or account(s) at issue; and (b) a detailed description of (1) the Dispute, (2) the nature and basis of the claims, and (3) the nature and basis of the relief sought, with a detailed calculation for such relief. The notice must be personally signed by the party initiating the Dispute (and their counsel, if represented).

 

If you have a Dispute with us, you must send this notice, including all of the information referenced above, by email to: hello@bumpinblends.com or by mail to: 5527 W 77th St, Los Angeles, CA 90045. If we have a Dispute with you, we will send this notice, including all of the information referenced above, to you at the most recent contact information we have on file for you or, if we do not have a mailing address on file, you authorize us to text you at the phone number we have available to seek your mailing address.

For a period of sixty (60) days from receipt of a completed notice (which can be extended by agreement of the parties), you and we (and counsel, if you and we are represented) agree to negotiate in good faith in an effort to informally resolve the Dispute. To this end, the party receiving the notice may request a telephone or video settlement conference to aid in the resolution of the Dispute. If such a conference is requested, you and a Bumpin Blends representative will personally attend (with counsel, if you and we are represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period.

 

If the Dispute is not resolved within sixty (60) days after receipt of a completed notice (which period can be extended by agreement of the parties), you or Bumpin Blends may commence a formal dispute resolution proceeding consistent with the process set forth below. Compliance with and completion of this Mandatory Informal Dispute Resolution Process ("Process") is a condition precedent to you or Bumpin Blends commencing any formal dispute resolution proceeding in arbitration or small claims court. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed notice through the conclusion of this Process. If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court at either party's election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration. Nothing in this section limits the right of a party to raise the sufficiency of a notice or compliance with this Process or to seek damages for non-compliance with this Process in arbitration, including with a Process Arbitrator. You or we may commence arbitration only if the Dispute is not resolved through compliance with this Process.

Arbitration Generally; Relief Available. There is no judge or jury in arbitration, and court review of an arbitration award is limited pursuant to the FAA. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the Terms as a court would. For the avoidance of doubt, the arbitrator can award public injunctive relief if authorized by law and warranted by the individual claim(s).

Arbitration Proceedings and Rules, Including Provisions Governing Mass Arbitrations. The following rules and procedures shall apply:

  • Any arbitration will be administered by New Era ADR in accordance with their Virtual Expedited Arbitration Rules and Procedures, as well as any applicable General Rules and Procedures, except as modified by the Terms. New Era ADR’s Virtual Expedited Arbitration Rules and Procedures and General Rules and Procedures are both available at www.neweraadr.com/rules-and-procedures/.  Please review these procedures carefully because they may impact how your complaint is handled and these procedures differ from those that would otherwise apply if you elected to pursue your claim individually in small claims court.
  • When You initiate arbitration, the only fee You are required to pay is New Era’s consumer filing fee, which is currently a maximum of $300 for a consumer.  All other fees or expenses charged by New Era ADR will be paid by us (unless the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose).  You are responsible for fees and expenses owed to your legal counsel, if any, unless the arbitrator determines that an award of attorney’s fees is warranted under applicable law.
  • New Era ADR’s rules and procedures include unique procedures for “mass arbitrations,” which are situations in which five (5) or more cases are filed that arise out of common issues of law and fact and are brought by the same law firm or group of law firms.  Mass arbitration procedures are designed to provide for a more cost-effective resolution of disputes. Those mass arbitration procedures call for a limited number of cases to be treated as “bellwether” cases to be resolved on the merits earlier than other cases. The outcome of bellwether cases may be treated as precedent in evaluating the remaining cases. You understand and agree that these Procedures for Mass Arbitrations will apply and that they are designed to (a) lead to the streamlined and cost-effective resolution of claims; (b) ensure that large volume filings do not impose unnecessary burdens or impediments to the resolution and cost-effective adjudication of similar claims; and (c) preserve the integrity of the arbitration process. You also understand and agree that by choosing to bring your Dispute as a part of a Mass Arbitration that the resolution of your Dispute might be delayed and ultimately proceed in court and not in arbitration. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties' and New Era ADR’s resources. 
  • If any provision of this Agreement is deemed by an arbitrator not to comply with the Minimum Fairness Standards published by New Era ADR and available at https://www.neweraadr.com/ then the Minimum Fairness Standards should be deemed to be incorporated by reference and any offending provision shall be deemed unenforceable.
  • The arbitrator shall be selected pursuant to New Era ADR’s standard rank and strike process, as set forth in New Era ADR’s General Rules and Procedures.
  • Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the state and Federal Judicial Circuit in which Bumpin Blends LLC’s principle place of business is located, without regard to its conflict of laws rules.
  • By signing the demand for arbitration, a party (and their counsel, if represented) certifies that they have complied with (a) the Dispute Resolution provisions of this agreement and (b) all of the requirements of Federal Rule of Civil Procedure 11(b), including that the claims and relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all represented parties and counsel as a court would.
  • The arbitrator may award any relief or remedy that would be available in a court of law, including attorneys’ fees and punitive damages where permitted by statute and is permitted to apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award.
  • The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions. In the event of a Mass Arbitration, the parties agree that, for the sake of efficiency, an arbitrator’s written decision may address some or all of the cases jointly.  The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA.
  • Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. Notwithstanding anything to the contrary in this Agreement, if Bumpin Blends makes any future change to this arbitration provision, you may reject the change by sending Us written notice within 30 days of the change to  5527 W 77th St, Los Angeles, CA 90045, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Bumpin Blends. 

 

 

 

 

No class actions or juries. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THIS AGREEMENT, YOU AND Bumpin Blends ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT (the "FAA"). The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. 

 

Invalidity and Survivability. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Future Changes to Dispute Resolution Section. Notwithstanding any provision to the contrary, you and we agree that if Bumpin Blends makes any future changes to this arbitration agreement (other than a change to the mailing or email address), you may reject any such change by sending us written notice personally signed by you within thirty (30) days of the change to Bumpin Blends at  5527 W 77th St, Los Angeles, CA 90045. The written notice must include the following information: (a) your name, address, phone number, and email address and (b) a statement that you wish to opt out of changes to the arbitration agreement. Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change to the arbitration agreement, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this version of the arbitration agreement.

 

16. Miscellaneous. You warrant and represent to Us that you have all necessary rights, power, and authority to agree to the terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the terms of this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to these terms unless explicitly stated otherwise in writing. We reserve the right to change these terms from time to time. Any updates to this Agreement shall be communicated to you. Prior to such communication, the terms of this Agreement in effect as last made available to you immediately prior to your receipt of the notice will continue to govern our relationship. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

 

 

 

 

 

 

 

 

 

Appendix A

 

Bumpin Blends

Do Not Call Policy:  Text Messaging 

 

Regulatory Summary Regarding The Telephone Consumer Protection Act (TCPA) 

 

The federal Telephone Consumer Protection Act (TCPA), related FCC regulations, and related court interpretations protect consumers from specific types of telemarketing. Under the TCPA “telemarketing” is defined as “the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person.” 47 C.F.R. § 64.1200(f)(13). The TCPA imposes requirements for cold calls, prerecorded sales calls, and the use of autodialers. The TCPA also authorized the creation of the National Do Not Call Registry as well as internal Do Not Call lists.  Various states have also adopted their own telemarketing laws. 

 

Bumpin Blends is committed to complying with federal and state Do Not Call laws. This policy relates specifically to our compliance with those requirements for the purposes of sending text messages that constitute telemarketing.  It is Our policy to not send telemarketing text messages to: 

 

  • Any telephone number for which we have not received prior express written consent, as defined by the Federal Communications Commission; and
  • Any telephone number on Our Internal Do Not Call List. 

 

We will maintain an Internal Do Not Call list and will promptly honor a request made in a reasonable manner to place your telephone number Our Do Not Call list within a reasonable time of such request, not to exceed 10 business days from the date of said request. To be placed on Our Do Not Call list, you may: 

 

  • Reply STOP, END, CANCEL, REVOKE, OPT OUT, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. Any other language used may not be recognized by Our system which may result in the request to opt-out not being processed. 
  • Request to be put on Our list by contacting customer service at hello@bumpinblends.com and providing your name and telephone number. 

 

Your telephone number shall be retained indefinitely on Our Do Not Call list unless you subsequently provide new prior express written consent to rejoin our SMS list. If you change your number, you must request for the new number to be put on Our Do Not Call list. 

 

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of JAMS then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Bumpin Blends’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the JAMS to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the JAMS’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.