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 email@example.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 Bumpin Blends does not grant refunds or returns for products when they are not defective or out of date at the time of delivery and for a period of 24 hours corresponding to the storage period of our boxes of product.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 firstname.lastname@example.org.
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.
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 email@example.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 firstname.lastname@example.org.
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.
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.
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.
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 email@example.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.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. 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.
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, 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. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method 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, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. 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.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
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. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of 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.
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.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC 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, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Denver, Colorado before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which BumpinBlends’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 AAA 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 AAA’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.